If the definition of any term contained in this chapter conflicts with the definition of the same term in the MS4 NPDES Permit, then the definition contained in the MS4 NPDES Permit shall govern:
"Automotive service facility"
means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5511, and 5541, provided that these facilities have no outside activities or materials that may be exposed to stormwater (MS4 NPDES Permit).
"Basin plan"
means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments (MS4 NPDES Permit).
"Best management practices (BMP)"
means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water (MS4 NPDES Permit).
"Biofiltration"
means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales (MS4 NPDES Permit).
"Bioretention"
means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this section, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by MS4 NPDES Permit as biofiltration (MS4 NPDES Permit).
"Bioswale"
means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes (MS4 NPDES Permit).
"City"
means the city of Hawthorne.
"Clean Water Act (CWA)"
means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit.
"Commercial malls"
means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (MS4 NPDES Permit).
"Construction activity"
means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, state general construction permit coverage by the state of California general permit for storm water discharges associated with industrial activities or for stormwater discharges associated with construction activities is required if more than one acre is disturbed or the activities are part of a larger plan (MS4 NPDES Permit).
"Construction general permit (CGP)"
means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions (MS4 NPDES Permit).
"Control"
means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (MS4 NPDES Permit).
"Development"
means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (MS4 NPDES Permit).
"Directly adjacent"
means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area (MS4 NPDES Permit).
"Discharge"
means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.
"Disturbed area"
means an area that is altered as a result of clearing, grading, and/or excavation (MS4 NPDES Permit).
"Flow-through treatment BMPs"
means a modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (MS4 NPDES Permit).
"Green roof"
means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain (MS4 NPDES Permit).
"Illicit discharge"
Any discharge into the MS4 or from the MS4 into a receiving water that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes any non-storm water discharge, except authorized non-storm water discharges; conditionally exempt non-storm water discharges; and non-storm water discharges resulting from natural flows specifically identified in MS4 NPDES Permit Part III.A. "Illicit discharge" includes, but is not limited to, the discharge of wash waters from cleaning gas stations, auto repair garages and similar automotive repair facilities, the discharge of wastewaters from mobile auto washing, steam cleaning and mobile carpet cleaning, the discharge of runoff from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, are undertaken, the discharge of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials, the discharge of chlorinated/brominated swimming pool water and filter backwash, runoff from the washing of toxic materials from paved or unpaved areas, discharge of runoff from washing impervious surfaces at sites of industrial activity, and the discharge of concrete or cement laden water wash from concrete trucks, pumps, tools and equipment to the MS4; and the dumping or disposal of materials into the MS4 other than storm water, such as: (1) litter, landscape debris and construction debris; (2) any state or federally banned or unregistered pesticides; (3) food and food processing wastes; and (4) fuel and chemical wastes, animal wastes, garbage, batteries and other material that have potential adverse impacts on water quality.
"Industrial/commercial facility"
means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition (MS4 NPDES Permit).
"Industrial general permit (IGP)"
means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions (MS4 NPDES Permit).
"Industrial park"
means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry (MS4 NPDES Permit).
"Infiltration"
means the downward entry of water into the surface of the soil.
"Infiltration BMP"
means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (MS4 NPDES Permit).
"Low impact development (LID)"
means the implementation of systems and practices that use or mimic natural processes to: (1) infiltrate and recharge; (2) evapotranspire; and/or (3) harvest and use precipitation near to where it falls to earth (MS4 NPDES Permit).
"Municipal separate storm sewer system (MS4)"
means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. 
Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;
2. 
Designed or used for collecting or conveying stormwater;
3. 
Which is not a combined sewer; and
4. 
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2 (40 CFR Section 122.26(b)(8)) (Order No. R4-2012-0175).
"National Pollutant Discharge Elimination System (NPDES)"
means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Section 307, 402, 318, and 405. The term includes an "approved program" (MS4 NPDES Permit).
"Natural drainage system"
means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (MS4 NPDES Permit).
"New development"
means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (MS4 NPDES Permit).
"Non-stormwater discharge"
means any discharge to a municipal storm drain system that is not composed entirely of stormwater (MS4 NPDES Permit).
"Outfall"
means a point source as defined by 40 CFR Section 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United Sates and are used to convey waters of the United States. (40 CFR Section 122.26(b)(9)) (MS4 NPDES Permit).
"Parking lot"
means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use. (MS4 NPDES Permit).
"Pollutant"
means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 13373 (MS4 NPDES Permit).
"Project"
means all development, redevelopment, and land disturbing activities. The term is not limited to "project" as defined under CEQA (Public Resources Code Section 21065) (MS4 NPDES Permit).
"Rainfall harvest and use"
means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department (MS4 NPDES Permit).
"Receiving water"
means "water of the United States" into which waste and/or pollutants are or may be discharged (MS4 NPDES Permit).
"Redevelopment"
means land-disturbing activity that results in the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (MS4 NPDES Permit).
"Regional Board"
means the California Regional Water Quality Control Board, Los Angeles Region.
"Restaurant"
means establishments primarily engaged in the retail sale of prepared food and drinks for on-premises or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry (SIC Code 5812) (MS4 NPDES Permit).
"Retail gasoline outlet"
means any facility engaged in selling gasoline and lubricating oils – SIC 5541 and NAICS 447110 and 447190 (MS4 NPDES Permit).
"Routine maintenance"
includes, but is not limited to, projects conducted to:
1. 
Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
2. 
Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.
3. 
Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.
4. 
Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.
5. 
Repair leaks.
Routine maintenance does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards and regulations.
* Update existing lines includes replacing existing lines with new materials or pipes.
** New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (MS4 NPDES Permit).
"Site"
means land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (MS4 NPDES Permit).
"Storm drain system"
means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the city.
"Storm water"
or "stormwater" means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 CFR 47990, 47995 (Nov. 16, 1990)).
"Urban runoff"
means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial or industrial activities involving the use of potable and non-potable water.
"Watershed management program"
means the city's stormwater program to implement the requirements of the MS4 NPDES permit.
(Ord. 2052 § 2, 2013; Ord. 2056 §§ 1, 2, 2014; Ord. 2230 § 1, 2022)
No person shall cause any illicit discharge to enter the MS4 unless such discharge: (1) consists of nonstormwater that is authorized by an NPDES permit; or (2) is associated with fire fighting activities; or (3) is a discharge which is exempt or conditionally exempt in accordance with an applicable order of the RWQCB-LA.
(Ord. 1647 § 1, 1998)
No person shall use or suffer any illicit connection to convey an illicit discharge from premises of which that person is an owner or is in day-to-day charge to the MS4.
(Ord. 1647 § 1, 1998)
A. 
It shall be a violation of this chapter for any person or entity required under federal or state law to have a NPDES stormwater permit for a facility or activity in the city to operate such a facility or activity in the city which discharges to the city's MS4 without a NPDES stormwater permit.
B. 
Any person or entity in the city required to have a NPDES stormwater permit for a facility or activity in the city which discharges to the city's MS4 shall retain at such facility or activity the following documents which evidence compliance with permit requirements: (1) a copy of the notice of intent to comply with the state permit to discharge stormwater associated with industrial activity where appropriate; (2) a waste discharge identification number issued by the State Water Resource Control Board where appropriate; (3) a storm water pollution prevention plan ("SWPPP"); (4) any stormwater quality data; and (5) a plan containing urban runoff mitigation features where appropriate.
C. 
Any person or entity in the city required to have a NPDES stormwater permit for a facility or activity in the city which discharges to the city's MS4, upon request from a duly authorized officer of the city, shall make available to the city all of the documents described in subsection B of this section during any city stormwater-related educational program site visit and to demonstrate compliance with such NPDES stormwater permit, including, but not limited to, the adequacy of and compliance with any SWPPP required thereunder.
D. 
Industrial facilities not subject to an industrial general permit (IGP) but are subject to pollution control requirements under the municipal NPDES permit, shall implement BMPs prescribed by the Regional Board or its executive officer, through program or actions made pursuant to the municipal NPDES permit.
(Ord. 1647 § 1, 1998; Ord. 2056 § 3, 2014)
A. 
No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment any solid waste or liquid waste, including any pollutant, in or upon any part of the MS4, or upon any public or private premises in the city, or to cause, suffer, or permit any solid waste or liquid waste or other pollutant to come to be located upon, in, on or under any premises in the city, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility or publicly owned or privately owned treatment works.
B. 
No person shall dispose of leaves, dirt or other landscape debris into any part of the MS4.
C. 
No person shall dispose of any pesticide, fungicide, or herbicide banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation, or its successor, into any part of the MS4.
D. 
No person shall dispose of any hazardous substance or hazardous material into any civic litter container.
(Ord. 1647 § 1, 1998)
The owner, occupant or other person in charge of day-to-day operation of each premises within the city shall implement best management practices or use good housekeeping practices, as applicable, as follows:
A. 
For premises with parking lots with more than twenty-five parking spaces exposed to stormwater which parking lots are associated with industrial or commercial activities, according to the United States Office of Management and Budget Standard Industrial Classification Code, the owner, occupant or other person in charge of day-to-day operation shall use BMPs to reduce the discharge of pollutants to the maximum extent practicable. Such measures may include regular sweeping or other measures, if effective.
B. 
For premises where machinery or other equipment which is repaired or maintained at facilities or activities associated with industrial or commercial activities, according to the United States Office of Management and Budget Standard Industrial Classification Code, the owner, occupant or other person in charge of day-to-day operations shall use BMPs or other steps to prevent discharge of maintenance or repair related pollutants to the MS4.
C. 
For other premises exposed to stormwater, the owner, occupant or other person in charge of day-to-day operations shall use BMPs, if they exist, or other steps to reduce the discharge of pollutants to the maximum extent practicable, including the removal and lawful disposal of any solid waste or any other substance which, if it were to be discharged to the MS4, would be a pollutant, including fuels, waste fuels, chemicals, chemical wastes and animal wastes, from any part of the premises exposed to stormwater.
(Ord. 1647 § 1, 1998)
A. 
Each person applying to the city for a grading permit for projects with disturbed areas of five or more acres must submit satisfactory proof to city that: (1) a notice of intent (NOI) to comply with a state construction activity stormwater permit has been filed; and (2) a stormwater pollution prevention plan has been prepared before the city shall issue any grading or building permit on the construction project.
B. 
On and after the effective dates of development construction guidance adopted by the regional water quality control board—Los Angeles pursuant to an effective NPDES stormwater permit, as adopted by the city, applicants for approval of projects to which the development construction guidance applies shall prepare and submit to city, and implement appropriate wet weather erosion control and stormwater pollution prevention plans which include all applicable BMPs.
(Ord. 1647 § 1, 1998)
Violation of any provision of this chapter, any stormwater pollution prevention plan or any permit issued pursuant to this chapter shall be a misdemeanor.
(Ord. 1647 § 1, 1998)
The director of public works, or the director's designees, may issue notices of violation and administrative orders to achieve compliance with the provisions of this chapter, any approved stormwater pollution prevention plan or any permit issued pursuant to this chapter. Failure to comply with the terms and conditions of such a notice of violation or an administrative order shall constitute a violation of this chapter.
(Ord. 1647 § 1, 1998)
The violation of any provision of this chapter is declared to be a nuisance, and may be abated by the city in accordance with its authority to abate nuisances.
(Ord. 1647 § 1, 1998)
The remedies listed in this chapter are not exclusive of any other remedies available to the city under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies.
(Ord. 1647 § 1, 1998)
Whenever necessary to make an inspection to enforce any provisions of this chapter, the enforcement officer for the city may enter any property in the city regulated by this chapter in a manner authorized by state law.
(Ord. 1647 § 1, 1998)
The city council may establish fees for the services provided under this chapter and such fees shall be fixed and established from time to time by the city council by resolution.
(Ord. 1647 § 1, 1998)
A. 
All persons engaged in construction activities shall operate in compliance with all stormwater discharge requirements of the United States Environmental Protection Agency, the California State Water Resources Control Board and the California Regional Water Quality Control Board, Los Angeles Region. Proof of compliance may be required by the city in a form acceptable to the city manager, thereof prior to the issuance of any grading or building permit.
B. 
All persons engaged in construction activity within the city requiring a state general construction activities stormwater permit shall have at the site at all times and available for review during regular business hours all of the following:
1. 
A copy of the notice of intent for the state construction activities stormwater general permit;
2. 
The waste discharge identification number issued by the State Water Resources Control Board;
3. 
Copies of the stormwater pollution prevention plan and the stormwater monitoring plan as required by the state construction activities stormwater general permit.
(Ord. 1697 § 5, 2000; Ord. 1753 § 4, 2002; Ord. 2052 § 3, 2013; Ord. 2230 § 2, 2022)
A. 
Stormwater run-off containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The best management practices listed in Table 7 and Table 8 of the MS4 NPDES permit shall apply to all construction projects within the city and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy. These best management practices include the following:
1. 
Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable.
2. 
Structural controls such as sediment barriers, plastic sheeting, detention ponds, hydromulch, storm drain inlet protection, fiber rolls, chemical treatment, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. Wind erosion control such as silt fence and tracking control, such as entrance/exit stabilization or tire washing, must also be implemented when necessary.
3. 
All excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site.
4. 
No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle or equipment on the construction site is permitted to run off the construction site and enter the municipal stormwater sewer system.
5. 
Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site.
6. 
Fees to recover the plan checking, inspections and other costs of this program will be established by resolution of the city council.
7. 
Erosion from slopes and channels must be controlled through the effective combination of best management practices.
(Ord. 1697 § 6, 2000; Ord. 2052 § 4, 2013; Ord. 2056 § 4, 2014; Ord. 2230 § 3, 2022)
A. 
The owner or authorized representative of the owner must submit a signed statement in a form acceptable to the city manager, public works director, planning director, director of building and safety or duly authorized representative thereof certifying that best management practices to control the discharge of sediment and construction materials in accordance with the MS4 NPDES permit will be implemented prior to the issuance of any building or grading permit.
B. 
An erosion and sediment control plan shall be required by the city manager, public works director, planning director, director of building and safety or duly authorized representative thereof consistent with the MS4 NPDES permit. Such plans must be submitted to the city for review and approval prior to the issuance of any building or grading permits.
(Ord. 1697 § 7, 2000; Ord. 2056 § 5, 2014; Ord. 2230 § 4, 2022)
A. 
Objective. The provisions of this section establish requirements for construction activities and facility operations of development and redevelopment projects to comply with the MS4 NPDES permit, lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements.
B. 
Scope. This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the city to further define and adopt stormwater pollution control measures, and to develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, grant waivers from the LID requirements, and collect funds for projects that are granted waivers. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section.
C. 
Applicability. Development and redevelopment projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution, prior to completion of the project(s), are listed in Part VIII.F.1.a-b of the MS4 NPDES permit.
1. 
Redevelopment Projects.
a. 
Where redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.
b. 
Where redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.
c. 
Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.
D. 
Specific Requirements. The site for every planning priority project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.
1. 
Street and road construction of ten thousand square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08009) to the maximum extent practicable.
2. 
The remainder of planning priority projects shall prepare a LID Plan to comply with the following:
a. 
Retain stormwater runoff on site for the stormwater quality design volume (SWQDv) defined as the runoff from:
i. 
The 85th percentile twenty-four-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or
ii. 
The volume of runoff produced from a three-quarters-inch, twenty-four-hour rain event, whichever is greater.
b. 
Minimize hydromodification impacts to natural drainage systems as defined in the MS4 NPDES permit.
c. 
To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain one hundred percent of the SWQDv on site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:
i. 
The infiltration rate of saturated in-situ soils is less than three-tenths-inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv on site;
ii. 
Locations where seasonal high groundwater is within five to ten feet of surface grade;
iii. 
Locations within one hundred feet of a groundwater well used for drinking water;
iv. 
Brownfield development sites or other locations where pollutant mobilization is a documented concern;
v. 
Locations with potential geotechnical hazards;
vi. 
Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement.
d. 
If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one half times the portion of the remaining SWQDv that is not reliably retained on site. Biofiltration BMPs must adhere to the design specifications provided in the MS4 NPDES permit.
i. 
Additional alternative compliance options such as off-site infiltration and groundwater replenishment projects may be available to the project site. The project site should contact the city to determine eligibility.
E. 
Validity. If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect remaining provisions of this chapter are declared to be severable.
(Ord. 2052 § 6, 2013; Ord. 2230 § 5, 2022)
A. 
Prior to the issuance of any building or grading permit for a new development project or redevelopment project, the city shall evaluate the proposed projects according to the following criteria:
1. 
The potential impact of post-construction discharges of pollutants to the storm sewer system;
2. 
How well the low impact development plans and other supporting information meet the goals of this chapter.
3. 
Each plan will be evaluated on its own merits according to the site characteristics of each project site. Plans submitted to the city for review must address the entire proposed project area. Based upon the review, the city manager, or duly authorized representative thereof may impose additional conditions on the issuance of the planning department approval or building of grading permit in order to minimize the discharge of pollutants into the storm drain system.
B. 
The city manager or duly authorized representative thereof may establish uniform minimum standards and criteria for the application of such standards for treatment of stormwater. The provision of the section shall not prohibit the requirement of additional treatment to accomplish the goals of this section.
C. 
The city manager or duly authorized representative thereof shall approve or disapprove of the low impact development plans within thirty days of submittal. If disapproved, the reasons for disapproval shall be given to the applicant in writing. Any plan disapproved may be revised and resubmitted for approval.
D. 
If no permit has been issued or no construction begun within one hundred eighty days of approval of a low impact development plan, the low impact development plan for that project shall expire. The city manager or duly authorized representative thereof may extend the time for action by the applicant upon written request by the applicant showing that the circumstances beyond the control of the applicant prevented the construction from beginning.
(Ord. 1697 § 9, 2000; Ord. 1753 § 6, 2002; Ord. 2056 § 6, 2014)
A. 
All structural BMPs are required to be properly operated and maintained according to product specifications and site characteristics to maintain effectiveness in reducing the discharge of pollutants. BMPs should also be operated and maintained to prevent the breeding of vectors. Documentation on operation and maintenance activities shall be retained on site at all times, and made available upon request by an authorized enforcement officer.
B. 
Any person, firm, partnership, corporation and their agents, heirs and successors who own, operate or maintain treatment control best management practices, including, but not limited to, clarifiers, sediment ponds, and filters shall maintain the systems in good working order at all times.
C. 
The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (1) assume responsibility for maintenance of any existing structural or treatment control BMP; or (2) to replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then current standards of the city and LID plan. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection.
D. 
For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what stormwater management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.
(Ord. 1697 § 11, 2000; Ord. 1753 § 7, 2002; Ord. 2056 § 7, 2014; Ord. 2230 § 6, 2022)
A. 
The city manager or duly authorized representative thereof may enter and inspect any private premises during any reasonable time for the purpose of verifying compliance with the terms and conditions of this chapter. Such inspections may include, but are not limited to:
1. 
Inspecting efficiency or adequacy of construction or post-construction BMPs;
2. 
Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and/or treatment system discharges;
3. 
Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;
4. 
Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant;
5. 
Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge;
6. 
Fees to recover the plan checking, inspections and other costs of this program will be established by resolution of the city council.
(Ord. 1697 § 13, 2000; Ord. 1753 § 8, 2003)