Stormwater runoff may contain pollutants that are suspended in, or dissolved in, urban and stormwater discharges. The sources of the pollutants include most developed properties with the concentrations and types of pollutants varying with land use activities. The aggregate contribution of these individual pollutant discharges can result in significant impairment to the water bodies, oceans, and harbors in Los Angeles County. To address these stormwater pollution issues in development and construction projects, the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit was issued by the Los Angeles Regional Water Quality Control Board. The requirement for the program was based on Section 402(p) of the Clean Water Act, Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) and the California
Water Code. In addition to the requirements for industrial waste as set forth in Chapter
13.40 of this code, the purpose of this chapter is to protect the environment, improve water quality of receiving waters, and protect the health, safety and general welfare of the citizens of the city by:
A. Complying
with all federal and state laws, lawful standards and orders applicable
to stormwater and urban runoff pollution control;
B. Prohibiting
any discharges which may interfere with the operation of, or cause
any damage to the storm drain system;
C. Prohibiting
and eliminating illicit discharges and illegal connections to the
storm drain system;
D. Reducing
stormwater runoff pollution to the maximum extent practicable;
E. Reducing
nonstormwater discharges to the storm drain system to the maximum
extent practicable;
F. Reducing
pollutant loads in stormwater and urban runoff from land uses and
activities identified in the municipal National Pollutant Discharge
Elimination System (NPDES) permit; and
G. Providing
regulations and giving legal effect to certain requirements of that
certain NPDES permit issued to Los Angeles County and 85 cities by
the Los Angeles Regional Water Quality Control Board, Los Angeles
Region, on November 8, 2012, and as may subsequently be amended.
(5268 § 5, 2001; Ord. 5857 § 3, 2015)
For purposes of this chapter, the following definitions shall
apply. Any term not defined in this section will have the same meaning
in this chapter as in the Federal Water Pollution Control Act Sections
101 through 607 ("Clean Water Act") 33 U.S.C.A. Sections 1251 through
1387, as amended; the Porter-Cologne Water Quality Control Act, California
Water Code Sections 13000 through 13999, and Attachment A-Definitions
of the MS4 Permit Order No. R4-2012-0175 as amended, NPDES regulations,
or in any amendment or supplement thereto. Such terms are incorporated
by this reference.
"Automotive service facilities"
means a facility that is categorized in any one of the following
Standard Industrial Classification (SIC) codes: 5013, 5014, 5511,
5541, 7532 through 7534, or 7536 through 7539. For inspection purposes,
permittees need not inspect facilities with SIC codes 5013, 5014,
5541, 5511, provided that these facilities have no outside activities
or materials that may be exposed to stormwater.
"Basin plan"
means a water quality control plan adopted by the California
Regional Water Quality Control Board for that certain specific watershed
or designated area affecting or affected by the city.
"Best management practice (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 designated to reduce the volume
of stormwater or non-stormwater discharged to the receiving water.
"City"
means the city of Glendale.
"Commercial activity"
means any public or private activity not defined as an industrial
activity in 40 CFR 122.26(B)(14), involved in the storage, transportation,
distribution, exchange or sale of goods and/or commodities or providing
professional and/or nonprofessional services.
"Commercial development"
means any development on private land that is not heavy industrial
or residential. The category includes, but is not limited to: hospitals,
laboratories and other medical facilities, educational institutions,
recreational facilities, plant nurseries, multi-apartment buildings,
car wash facilities, mini-malls and other business complexes, shopping
malls, hotels, office buildings, public warehouses and other light
industrial complexes.
"Construction"
means any construction or demolition activity, clearing,
grading, grubbing, or excavation or any other activity that result
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. Where clearing, grading or excavating of underlying
soil takes place during a repaving operation, State Construction General
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.
"Development"
means any 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 nonresidential 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.
"Discharge"
means any release, spill, leak pump, flow, escape, dumping
or disposal of any liquid, semi solid, or solid substance.
"Discharge of a pollutant"
means any addition of any pollutant or combination of pollutants
to waters of the United States from any point source or, any addition
of any pollutant or combination of pollutants to the waters of the
contiguous zone or the ocean from any point source other than a vessel
or other floating craft which is being used as a means of transportation.
The term discharge includes additions of pollutants into waters of
the United States from: surface runoff which is collected or channeled
by a state, municipality, or other person which do not lead to treatment
works; and discharges through pipes, sewers, or other conveyances,
leading into privately owned treatment works.
"Discretionary project"
means a project which requires the exercise of judgment or
deliberation when the public agency or public body decides to approve
or disapprove a particular activity, as distinguished from situations
where the public agency or body merely has to determine ministerially
whether there has been conformity with applicable statutes, ordinances
or regulations.
"Hillside"
means all that property encompassed within the limits of the ROS and R1R zones as set forth in Chapter
30.11 of this code, or property located in an area with known erosive soil conditions and where development would contemplate grading on any natural slope that is 25% or greater.
"Illicit connection"
means any human-made conveyance that is connected to the
storm drain system without a permit, excluding roof-drains and other
similar type connections, that serves as a pathway for any illicit
discharge. Examples include channels, pipelines, conduits, inlets
or outlets that are connected directly to the storm drain system.
"Illicit discharge"
means 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-stormwater discharge, except authorized non-stormwater discharges;
conditionally exempt non-stormwater discharges; and non-stormwater
discharges resulting from natural flows specifically identified in
the NPDES Permit Order No. R4-2012-0175 Part III.A.1.d.
"Impervious surface"
means any human-made or modified surface that prevents or
significantly reduces the entry of water into the underlying soil,
resulting in runoff from the surface in greater quantities or at an
increased rate, when compared to natural conditions prior to development.
Examples of places that commonly exhibit impervious surfaces include
parking lots, driveways, roadways, storage areas, and rooftops. The
imperviousness of these areas commonly results from paving, compacted
gravel, compacted earth, and oiled earth.
"Industrial activity"
means any public or private activity which is associated
with any of the 11 categories of activities defined in 40 CFR 122.26(b)
(14) and required to obtain an NPDES permit.
"Industrial/commercial facility"
means any facility involved or used in the production, manufacture,
storage, transportation, distribution, exchange or sale of goods or
commodities, or any facility used in providing professional or nonprofessional
services, including, but not limited to, any facility defined by the
Standard Industrial Classifications (SIC). Facility ownership (federal,
state, municipal, private) and profit motive of the facility are not
factors in this definition.
"Maximum extent practicable"
means the standard for implementation of stormwater management
programs to reduce pollutants in stormwater. MEP refers to stormwater
management programs taken as a whole. It is the maximum extent possible
taking into account equitable considerations and competing facts,
including, but not limited to, the gravity of the problem, public
health risk, societal concern, environmental benefits, pollutant removal
effectiveness, regulatory compliance, public acceptance, ability to
implement, cost and technical feasibility.
"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)
"NPDES"
means the national pollutant discharge elimination system,
a nationwide program for issuing or reissuing, modifying, monitoring,
enforcing or revoking permits and for other actions under Sections
307, 318, 402 and 405 of the Clean Water Act, 33 U.S.C.A. Sections
1317, 1328, 1342 and 1345, and as subsequently amended.
"NPDES permit"
means a permit issued by the United States Environmental
Protection Agency, the State Water Resources Control Board or the
California Regional Water Quality Control Board, that authorizes discharges
to waters of the state and requires reduction of pollutants in such
discharges.
"Outfall"
means a point source as defined by 40 CFR 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
States and are used to convey waters of the United States. (40 CFR
Section 122.26(b)(9))
"Person"
means any individual, partnership, firm, association, corporation,
limited liability company or other legal entity.
"Pollutant"
means any "pollutant" defined in Section 502(6) of the Clean
Water Act (33 U.S.C. Section 1362(6)) or incorporated into the California
Water Code Section 13373. Examples of pollutants include, but are
not limited to, the following: commercial and industrial waste (such
as fuels, solvents, detergents, plastic pellets, hazardous substances,
fertilizers, pesticides, slag, ash, and sludge); metals such as cadmium,
lead, zinc, copper, silver, nickel, chromium, and nonmetals such as
phosphorus and arsenic; petroleum hydrocarbons (such as fuels, lubricants,
surfactants, waste oils, solvents, coolants, and grease); excessive
eroded soil, sediment, and particulate materials in amounts which
may adversely affect the beneficial use of the receiving waters, flora
or fauna of the state; animal wastes (such as discharge from confinement
facilities, kennels, pens, recreational facilities, stables, and show
facilities); and substances having characteristics such as pH less
than six or greater than nine, or unusual coloration or turbidity,
or excessive levels of fecal coliform, or fecal streptococcus, or
enterococcus. The term "pollutant" shall not include uncontaminated
stormwater, potable water or reclaimed water generated by a lawfully
permitted water treatment facility. The term "pollutant" shall also
not include any substance identified in this definition, if through
compliance with the best management practices available, the discharge
of such substance has been eliminated to the maximum extent practicable.
In an enforcement action, the burden shall be on the person who is
the subject of such action to establish the elimination of the discharge
to the maximum extent practicable through compliance with the best
management practices available.
"Receiving waters"
means a "water of the United States" into which waste and/or
pollutants are or may be discharged.
"Redevelopment"
means land-disturbing activity that results in the creation,
addition or replacement of 5,000 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 or 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.
"Restaurant"
means a facility that sells prepared foods and drinks for
consumption, including, but not limited to, stationary lunch counters
and refreshment stands selling prepared foods and drinks for immediate
consumption.
"Source control BMP"
means any schedule of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices
that aim to prevent stormwater pollution by reducing the potential
for contamination at the source of pollution.
"Storm drain system"
means those facilities, or any part thereof, including streets,
gutters, conduits, natural and artificial drains, channels and watercourses,
or other facilities that are used for the purpose of collecting, storing,
transporting or disposing of stormwater and are located in the city
and does not include any sanitary sewer systems.
"Stormwater"
means runoff which occurs as the result of rainfall.
"Stormwater runoff"
means that part of precipitation from rainfall or snowmelt
which travels across a surface to the storm drain system or receiving
waters.
"Toxic materials"
means any material(s) or combination of materials subject
to either Section 307 of the Federal Water Pollution Control Act of
1972, 33 U.S.C. Section 1251, et seq., and as subsequently amended,
or the Toxic Substances Control Act, 15 U.S.C. Section 2601, et seq.,
as subsequently amended, or both, which directly or indirectly causes
either acute or chronic toxicity in the receiving waters.
"Urban runoff"
means surface water flow produced by storm and nonstorm events
such as flow from residential, commercial or industrial activities
involving the use of potable and nonpotable water.
(Ord. 5268 § 5, 2001; Ord. 5425 § 13, 2004; Ord. 5857 § 4, 2015)
A. General
Discharge Prohibitions. No person shall discharge, cause, permit,
or contribute to the discharge of any of the following to the storm
drain system or receiving waters:
1. Any
liquids, solids or gases which by reason of their nature or quantity
are flammable, reactive, explosive, corrosive, toxic or radioactive,
or by interaction with other materials could result in fire, explosion
or injury;
2. Any
solid or viscous materials which could cause obstruction to the flow
or operation of the storm drain system;
3. Any
pollutant that injures or constitutes a hazard to human, animal, plant
or fish life, or creates a public nuisance;
4. Any
noxious or malodorous liquid, gas or solid in sufficient quantity,
either singly or by interaction with other materials, which creates
a public nuisance, hazard to life, or inhibits authorized entry of
any person into the storm drain system;
5. Any
medical, infectious, toxic or hazardous material or waste.
B. Controlling
the Discharge of Pollutants Associated with Industrial or Commercial
Activities. Except as allowed under a general or separate NPDES permit,
no person operating or performing any industrial or commercial activities
within the city whether or not in an industrial/commercial facility,
shall discharge, cause or permit the discharge of one or more of the
following into the storm drain system:
1. Wastewater
from steam cleaning, mobile carpet cleaning, or from other such mobile
commercial or industrial operations;
2. Runoff
containing grease, oil, antifreeze, other fluids from machinery, equipment,
tools or motor vehicles, or hazardous substances;
3. Runoff
from the washing of toxic materials from paved or unpaved areas;
4. Wastewater
from the washing or rinsing of construction or grading equipment including,
but not limited to, concrete, stucco, paint and architectural coatings;
5. Wash
water from gas stations, automotive repair shops, or from other types
of automotive facilities;
6. Food
wastes from the washing of any floor coverings such as duck boards,
grates, mats or rugs from any commercial kitchen, or from any other
commercial or industrial food preparation or processing activity;
7. Runoff
from the washing of impervious surfaces into the storm drain system.
This provision shall apply except where such washing is specifically
required by state or local health and safety codes or unless the discharge
is conditionally exempt as street or sidewalk washing;
8. Discharge
of commercial/public swimming pool filter backwash.
C. Controlling
Pollutants from Industrial Activities Requiring General Industrial
Activity Stormwater Permit.
1. Industrial
facilities subject to waste discharge requirements specified in the
State Water Resources Control Board Water Quality Order No. 2014-0057-DWQ,
NPDES Permit No. CAS00001 shall implement BMPs prescribed by the Regional
Board or its executive office, through program or actions made pursuant
to the municipal NPDES permit.
2. It
shall be a violation of this chapter for any industry in the city
that is subject to waste discharge requirements specified by the State
Water Resources Control Board, any revision made thereto, or a reissuance
of such order, to operate without a NPDES general industrial activities
stormwater permit.
D. Controlling Spills, Dumping or Disposal of Materials to the Storm Drain System. In addition to any other anti-littering provisions provided in Chapter
8.32 of this code, no person shall do any of the following:
1. Throw,
deposit, leave, cause or permit to be thrown, deposited, placed or
left, any refuse, rubbish, garbage, or other discarded or abandoned
objects, articles, and accumulations, in or upon any street, gutter,
alley, sidewalk, storm drain, inlet, catch basin, conduit or other
drainage structures, business place, or upon any public or private
lot of land in the city so that such materials or any combination
thereof, when exposed to stormwater or any runoff, become a pollutant
in the storm drain system;
2. Intentionally
dispose or cause the disposal of leaves, dirt, or other landscape
debris into the storm drain system;
3. Spill,
dump or dispose any pesticide, fungicide or herbicide, into the storm
drain system;
4. Leave,
dispose, cause or permit the disposal of hazardous wastes in such
a manner that results in a spill, leak or drainage of such wastes
onto any sidewalk, street or gutter that discharges into, or flows
with any other runoff into the storm drain system;
5. Store
fuels, chemicals, fuel and chemical wastes, animal wastes, garbage,
batteries and any toxic or hazardous materials in a manner which causes
the runoff of pollutants from such materials or wastes into the storm
drain system;
6. Dispose,
discharge, or permit the discharge of any sewage or wastewater materials
from any source into the storm drain system.
(Ord. 5268 § 5, 2001; Ord. 5857 § 5, 2015)
A. Illicit
Discharges. No person shall discharge nonstormwater to the storm drain
system, unless such discharge is specifically exempted herein, authorized
by a separate or general NPDES permit, or exempted or conditionally
exempted by the municipal stormwater and urban runoff NPDES permit
for Los Angeles County, as subsequently amended.
1. Exempt
Discharges. The following non-stormwater discharges as specified in
the NPDES permit are not considered illicit discharges:
a. Flows from riparian habitats or wetlands;
b. Diverted stream flows authorized by the State or Regional Water Board;
c. Flows from natural springs;
d. Rising groundwater where groundwater seepage is not otherwise covered
by an NPDES permit;
e. Uncontaminated groundwater infiltration;
f. Emergency firefighting activities.
2. Conditionally
Exempt Nonstormwater Discharges. The following nonstormwater discharges
to the storm drain system shall be conditionally exempt; provided,
however, that such discharges shall be subject to and shall comply
with all required conditions specified in the municipal NPDES permit,
or as otherwise approved by the Regional Water Quality Control Board
Executive Officer:
a. Non-emergency fire-fighting activities;
c. Discharges from drinking water supplier distribution systems;
e. Dechlorinated/debrominated swimming pool/spa discharges where not
otherwise regulated by a separate NPDES permit;
f. Dewatering of decorative fountains;
g. Noncommercial car washing by residents or by non-profit organizations;
h. Street/sidewalk wash water.
B. Illicit
Connections.
1. No
person shall maintain or intentionally use a connection that operates
to convey an illicit discharge to the municipal stormwater system.
2. Upon
discovery of an illicit connection, the person owning or operating
such connection shall either remove it or render it incapable of conveying
an illicit discharge.
3. If
any person fails to eliminate an illicit connection after being called
upon by the city to do so, the city through the director of public
works, or any authorized representative, shall take appropriate measures
to remove or disable the illicit connection and may recover such costs
from the owner of such illicit connection.
(Ord. 5268 § 5, 2001; Ord. 5857 § 6, 2015)
A. No
person shall commence or continue any construction activity in the
city that causes the disturbance of one acre or more of soil by clearing,
grading, excavation or demolition without first demonstrating to the
satisfaction of the director of public works that such person has
filed a "notice of intent" to comply with the California General Permit
for stormwater discharges associated with construction activity, or
has obtained a waste discharge identification number from the State
Water Resources Control Board and has prepared a state stormwater
pollution prevention plan.
B. Any person engaged in construction activity pursuant to subsection
A of this section shall retain at the construction site at all times documentation showing proof of compliance with subsection
A.
C. As
a condition for issuing any grading or building permit for construction
activities pursuant to this section, an applicant shall incorporate
into his or her construction plan, a plan for stormwater pollution
prevention which plan shall effectively control stormwater pollution
from such construction activities and operations. Any such stormwater
pollution plan shall be subject to review and approval by the director
of public works.
(Ord. 5268 § 5, 2001; Ord. 5857 § 7, 2015)
No person shall commence or continue any construction activity
in the city that causes the disturbance of less than one acre of soil
by clearing, grading, excavation and demolition without approval of
a plan that effectively provides for a minimum stormwater quality
protection. Such plan shall be implemented throughout construction.
(Ord. 5268 § 5, 2001; Ord. 5857 § 8, 2015)
To obtain a grading or building permit for all other projects,
not otherwise designated as a construction general permit, the permit
application shall be accompanied by an owner's certification statement
for minimum requirements. The submittal of such statement shall not
exempt any person from complying with all other provisions of this
chapter nor relieve such person from applying the appropriate best
management practices as specified in this chapter during the construction
of such project.
(Ord. 5857 § 12, 2015)
Best management practices shall apply to all construction projects
and shall be required from the time of land clearing, demolition or
commencement of construction until receipt of a certificate of occupancy.
The best management practices selected for each development construction
project, not otherwise designated as a project subject to the construction
general permit, shall be as set forth in the Stormwater Best Management
Practice Handbook as published by California Stormwater Quality Association.
(Ord. 5857 § 13, 2015)
Prior to obtaining a building or grading permit for a construction
project, the director of public works shall endorse in writing or
stamp the applicable best management practices submitted with the
permit application APPROVED. Such approved BMPs shall not be changed,
modified, or altered without authorizations from the director of public
works. All work regulated by this chapter shall be done in accordance
with the approved plans.
(Ord. 5857 § 14, 2015)
One copy of the approved SWPPP, erosion and sedimentation control
plan, and owner's certification shall be kept on the site of the building
or work at all times during which the work is in progress. The documents
shall be made available to the director of public works to allow verification
of compliance with the required best management practices (BMPs).
(Ord. 5857 § 15, 2015)
The city council may establish fees to recover costs for complying
with the requirements of this chapter, including, but not limited
to, plan checking, cleanup and abatement fees, and industrial and
commercial inspection fees, which may be fixed and established from
time to time by resolution of the city council.
(Ord. 5857 § 18, 2015)