This chapter shall be known as the City of Norwalk Stormwater
Management and Discharge Control ordinance.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
A.
The
Federal Clean Water Act (33 U.S.C. Section 1251, et seq.,) provides
for the regulation and reduction of pollutants discharged into the
waters of the United States by extending National Pollutant Discharge
Elimination System ("NPDES") requirements to stormwater and urban
runoff discharge into municipal storm drain systems.
B.
Stormwater
and urban runoff flows from individual properties onto streets, then
through storm drains passing through the City and finally into the
waters of the United States.
C.
The
City is a co-permittee under the "Waste Discharge Requirements for
Municipal Separate Storm Sewer System ("MS4")" discharges within the
Coastal Watersheds of Los Angeles County, except those discharges
originating from the City of Long Beach MS4, which also serves as
a NPDES permit under the Federal Clean Water Act (NPDES No. CAS614001),
as well as waste discharge requirements under California law (the
municipal NPDES permit) and, as a co-permittee under the municipal
NPDES permit, the City is required to adopt ordinances and implement
procedures with respect to the entry of non-stormwater discharges
into the municipal stormwater system.
D.
Part
III, Section A of the municipal NPDES permit requires the City to
effectively prohibit nonstormwater discharges from within its boundaries,
into that portion of the MS4 which it owns or operates and into watercourses,
except where such discharges are: (1) in compliance with a separate
individual or general NPDES permit; or (2) identified and in compliance
with Part III.A (non-stormwater discharges) of the municipal NPDES
permit; or (3) originate from Federal, State or other facilities which
the City is preempted from regulating, and further provides that compliance
with the terms of the municipal NPDES permit through the development
and implementation of the programs described in the municipal NPDES
permit will constitute compliance with the discharge prohibition in
the municipal NPDES permit.
E.
Part
VI, Section A.2 of the municipal NPDES permit requires the City to
establish and maintain the legal authority necessary to control discharges
to and from those portions of the MS4 over which it has jurisdiction,
so as to comply with the municipal NPDES permit and to specifically
prohibit certain discharges identified in the municipal NPDES permit.
F.
The
municipal NPDES permit contemplates the development of a Watershed
Management Program in which the City will participate, which will
in turn require the development and the implementation of programs
for, among other things, the elimination of illicit connections and
illicit discharges, development planning, development construction,
and public information and education requirements, and which may require
the later adoption of additional legal authority to implement such
programs as they are developed by the permittees and approved by the
Regional Board.
G.
In
order to control, in a cost-effective manner, the quantity and quality
of stormwater and urban runoff to the maximum extent practicable,
the adoption of the ordinance codified in this chapter is essential.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
A.
The
purpose of this chapter is to ensure the future health, safety and
general welfare of the citizens of the City and the water quality
of the receiving waters of the County of Los Angeles and surrounding
coastal areas by:
1.
Reducing
pollutants in stormwater discharges to the maximum extent practicable;
2.
Regulating
illicit connections and illicit discharges and reducing the level
of contamination of stormwater and urban runoff in the municipal stormwater
system; and
3.
Regulating
non-stormwater discharges to the municipal stormwater system.
B.
The
intent of this chapter is to protect and enhance the quality of watercourses,
water bodies, and wetlands within the City in a manner consistent
with the Federal Clean Water Act, the California Porter-Cologne Water
Quality Control Act and the municipal NPDES permit.
C.
This
chapter is also intended to provide the City with the legal authority
necessary to control discharges to and from those portions of the
municipal stormwater system over which it has jurisdiction as required
by the municipal NPDES permit, and fully and timely comply with the
terms of the municipal NPDES permit while the Watershed Management
Program is being developed by the permittees under the municipal NPDES
permit, and in contemplation of the subsequent amendment of this chapter
or adoption by the City of additional provisions of this chapter to
implement the subsequently adopted Watershed Management Program, or
other programs developed under the municipal NPDES permit.
D.
This
chapter also sets forth requirements for the construction and operation
of certain commercial development, new development and redevelopment
and other projects (as further defined herein) which are intended
to ensure compliance with the stormwater mitigation measures prescribed
in the current MS4 permit. This chapter authorizes the Director to
define and adopt applicable best management practices and other stormwater
pollution control measures, as provided herein, to carry out all inspections
including entering entities discharging to the MS4, conduct surveillance,
conduct monitoring, cite infractions and to impose fines pursuant
to this chapter. Except as otherwise provided herein, the Director
shall administer, implement and enforce the provisions of this section.
E.
The
City Council shall approve and enter into interagency agreements as
deemed necessary by the City Council to control the contribution of
pollutants of the shared MS4.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
Except as specifically provided herein, any term used in this
chapter shall be defined as that term is defined in the current municipal
NPDES permit, or if it is not specifically defined in the municipal
NPDES permit, then as such term is defined in the Federal Clean Water
Act, as amended, or the regulations promulgated thereunder. If the
definition of any term contained in this section conflicts with the
definition of the same term in the current municipal NPDES permit,
then the definition contained in the municipal NPDES permit shall
govern. The following words and phrases shall have the following meanings
when used in this chapter:
means any surface directly exposed to precipitation or in
the path of runoff caused by precipitation which path leads off the
parcel on which the surface is located.
means a facility that is categorized in any one of the following
Standard Industrial Classification (SIC) and North American Industry
Classification System (NAICS) codes. For inspection purposes, permittees
need not inspect facilities with SIC codes 5013, 5014, 5511, 5541,
7532-7534, and 7536-7539 provided that these facilities have no outside
activities or materials that may be exposed to stormwater.
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. Examples
of BMPs may include public education and outreach, proper planning
of development projects, proper cleaning of catch basin inlets, and
proper sludge-or waste-handling and disposal, among others.
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.
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 chapter, 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 the municipal NPDES permit as biofiltration.
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.
means the City of Norwalk, California.
means the Federal Water Pollution Control Act enacted in
1972, by Public Law 92-500, 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.
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, car wash facilities, mini-malls
and other business complexes, shopping malls, hotels, office buildings,
public warehouses and other light industrial complexes.
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.
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 Stormwater
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.
means to minimize, reduce, eliminate, or prohibit by technological,
legal, contractual or other means, the discharge of pollutants from
an activity or activities.
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.
means situated within 200 feet of the contiguous zone required
for the continued maintenance, function, and structural stability
of the environmentally sensitive area.
means the City's Director of Community Development or designee.
"Discharge" means when used without qualification the 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.
directly means outflow from a drainage conveyance system
that is composed entirely or predominantly of flows from the subject,
property, development, subdivision, or industrial facility, and not
commingled with the flows from adjacent lands.
is defined in the same manner as Section 15357 of the Guidelines
for Implementation of the California Environmental Quality Act contained
in Title 14 of the California Code of Regulations, as amended, and
means a project which requires the exercise of judgment or deliberation
when the City decides to approve or disapprove a particular activity,
as distinguished from situations where the City merely has to determine
whether there has been conformity with applicable statutes, ordinances
or regulations.
means an area that is altered as a result of clearing, grading,
and/or excavation.
means an area in which plant or animal life or their habitats
are either rare or especially valuable because of their special nature
or role in an ecosystem and which would be easily disturbed or degraded
by human activities and developments (California Public Resources
Code Section 30107.5). Areas subject to stormwater mitigation requirements
are areas designated as Significant Ecological Areas by the County
of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles
County Department of Regional Planning (1976) and amendments); an
area designated as a Significant Natural Area by the California Department
of Fish and Games Significant Natural Areas Program, provided that
area has been field verified by the Department of Fish and Game; an
area listed in the Basin Plan as supporting the Rare, Threatened,
or Endangered Species (RARE) beneficial use; and an area identified
by the City as environmentally sensitive.
means modular, vault type "high flow biotreatment" devices
contained within an impervious vault with an underdrain or designed
with an impervious liner and an underdrain.
means any single device or series of devices, certified by
the Executive Officer, that traps all particles retained by a five
millimeter mesh screen and has a design treatment capacity of not
less than the peak flow rate Q resulting from a one-year, one-hour
storm in the sub-drainage area.
means common practices related to the storage, use or cleanup
of materials, performed in a manner that minimizes the discharge of
pollutants. Examples include, but are not limited to, purchasing only
the quantity of materials to be used at a given time, use of alternative
and less environmentally harmful products, cleaning up spills and
leaks, and storing materials in a manner that will contain any leaks
or spills.
means the general NPDES permit adopted by the State Board
which authorizes the discharge of stormwater from construction activities
under certain conditions.
means the general NPDES permit adopted by the State Board
which authorizes the discharge of stormwater from certain industrial
activities under certain conditions.
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.
means property located in an area with known erosive soil
conditions, where the development contemplates grading on any natural
slope that is 25% or greater and where grading contemplates cut or
fill slopes.
means any human-made conveyance that is connected to the
storm drain system without a permit, excluding gutters, roof-drains
and other similar connections. Examples include channels, pipelines,
conduits, inlets or outlets that are connected directly to the storm
drain system.
means any discharge to the storm drain system that is prohibited
under local, State or Federal statutes, ordinances, codes or regulations.
This includes all non-stormwater discharges except discharges pursuant
to a separate NPDES permit and discharges that are exempted or conditionally
exempted in accordance with Part III of the municipal NPDES permit.
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.
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.
means the downward entry of water into the surface of the
soil.
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.
consists of building and landscape features designed to retain
or filter stormwater runoff.
means any substance including, but not limited to: garbage
and debris; lawn clippings, leaves, and other vegetation; biological
and fecal waste; sediment and sludge; oil and grease; gasoline; paints,
solvents, cleaners, and any fluid or solid containing chemicals.
means the Waste Discharge Requirements for Municipal Stormwater
and Urban Runoff Discharges within the County of Los Angeles, and
the Incorporated Cities Therein, Except the City of Long Beach (Order
No. R4-2012-0175), NPDES Permit No. CAS00401), issued by the California
Regional Water Quality Control Board—Los Angeles Region, and
any successor permit to that permit.
means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
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;
Designed or used for collecting or conveying stormwater;
Which is not a combined sewer; and
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR Section 122.2.
means land-disturbing activities; structural development,
including construction or installation of a building or structure,
creation of impervious surfaces; and land subdivision.
means any discharge to a municipal stormwater system that
is not composed entirely of stormwater.
means any waste discharge requirements issued by the Regional
Board or the State Water Resources Control Board in the form of an
NPDES permit pursuant to Water Code Section 13370 (other than the
municipal NPDES permit).
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)).
means land area or a facility for the parking or storage
of motor vehicles used for businesses, commerce, industry or personal
use with a lot size of 5,000 square feet or more of surface area,
or with 25 or more parking spaces.
means those projects specified in Section 18.04.105(C) of this chapter that are required to incorporate appropriate stormwater mitigation measures into the design plan for their respective projects.
means those pollutants defined in Section 502(6) of the Federal
Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into
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 soils, 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.
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The term "pollutant" shall not include uncontaminated stormwater,
potable water or reclaimed water generated by a lawfully permitted
water treatment facility.
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means all development, redevelopment, and land disturbing
activities. The term is not limited to "project" as defined under
CEQA (California Public Resources Code Section 21065).
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 (Order No. R4-2012-0175).
means "water of the United States" into which waste and/or
pollutants are or may be discharged.
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; 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.
means the California Regional Water Quality Control Board—Los
Angeles Region.
means a facility that sells prepared foods and drinks for
consumption, including stationary lunch counters and refreshment stands
selling prepared foods and drinks for immediate consumption (SIC Code
5812).
means any facility engaged in selling gasoline and lubricating
oils.
includes, but is not limited to, projects conducted to:
Maintain the original line and grade, hydraulic capacity, or
original purpose of the facility;
Perform as needed restoration work to preserve the original
design grade, integrity and hydraulic capacity of flood control facilities;
Includes road shoulder work, regrading dirt or gravel roadways
and shoulders and performing ditch cleanouts;
Update existing lines and facilities, which include replacing
existing lines with new materials or pipes, to comply with applicable
codes, standards, and regulations regardless if such projects result
in increased capacity; and
Repair leaks.
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Routine maintenance does not include construction of new lines
or facilities resulting from compliance with applicable codes, standards
and regulations.
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means any runoff including stormwater and dry weather flows
from a drainage area that reaches a receiving water body or subsurface.
During dry weather it is typically comprised of base flow either contaminated
with pollutants or uncontaminated, and nuisance flows.
means the 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.
means any schedule of activities, prohibition 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.
means a report submitted by an applicant for approval by
the Director prior to issuance of a building, grading, planning or
similar permit outlining the necessary LID requirements and BMPs which
must be incorporated into design plans for development or redevelopment
projects.
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.
means that part of precipitation (rainfall) which travels
via flow across a surface to the MS4 or receiving waters from impervious,
semi-pervious or pervious surfaces. When all other factors are equal,
runoff increases as the perviousness of a surface decreases.
means any structural facility designed and constructed to
mitigate the adverse impacts of stormwater and urban runoff pollution
(e.g., canopy, structural enclosure). Structural BMPs may include
both treatment control BMPs and source control BMPs.
means the application of engineered systems that use physical,
chemical or biological processes to remove pollutants. Such processes
include, but are not limited to, filtration, gravity settling, media
adsorption, biodegradation, biological uptake, chemical oxidation
and UV radiation.
means any engineered system designed to remove pollutants
by simple gravity settling of particulate pollutants, filtration,
biological uptake, media adsorption or any other physical, biological
or chemical process.
means surface water flow produced by non-stormwater resulting
from residential, commercial and industrial activities involving the
use of potable and nonpotable water.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
This chapter shall be construed to assure consistency with the
requirements of the Federal Clean Water Act and acts amendatory or
supplementary to the Federal Clean Water Act, applicable implementing
regulations, and the municipal NPDES permit, and any amendment, revision
or reissuance of the municipal NPDES permit.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
The provisions of this chapter shall not operate to deprive
any property owner of substantially all of the market value of such
owner's property or otherwise constitute an unconstitutional taking
without compensation.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
A.
Illicit
Discharges and Connections. It is prohibited to commence, establish,
use, maintain or continue any illicit connections to the MS4 or any
illicit discharges to the MS4. This prohibition against illicit connections
applies to the use, maintenance or continuation of any illicit connection,
whether that connection was established prior to or after the effective
date of the ordinance codified in this chapter.
B.
Littering.
No person shall throw, deposit, place, leave, maintain, keep or permit
to be thrown, deposited, placed, left or maintained or kept, any refuse,
rubbish, garbage, or any other discarded or abandoned objects, articles
or accumulations, in or upon any street, alley, sidewalk, storm drain,
inlet, catch basin conduit or drainage structure, business place,
or upon any or private plot of land in the City, so that the same
might be or become a pollutant. No person shall throw or deposit litter
in any fountain, pond, lake, stream, or other body of water within
the City. This section shall not apply to refuse, rubbish or garbage
deposited in containers, bags or other appropriate receptacles which
are placed in designated locations for regular solid waste pick-up
and disposal.
C.
Disposal
of Landscape Debris. No person shall dispose of leaves, dirt, or other
landscape debris into the municipal separate stormwater system.
D.
Non-Stormwater
Discharges. The following non-stormwater discharges into the MS4 are
prohibited unless in compliance with a separate NPDES permit or pursuant
to a discharge exemption by the Regional Board, the Regional Board's
Executive Officer, or the State Water Resources Control Board:
1.
The
discharge of untreated wash waters to the MS4 when gas stations, auto
repair garages, or other type of automotive service facilities are
cleaned;
2.
The
discharge of untreated wastewater to the MS4 from mobile auto washing,
steam cleaning, mobile carpet cleaning, and other such mobile commercial
and industrial operations;
3.
To
the maximum extent practicable, discharges to the MS4 from areas where
repair of machinery and equipment, including motor vehicles, which
are visibly leaking oil, fluid or antifreeze, is undertaken;
4.
Discharges
of untreated runoff to the MS4 from storage areas of materials containing
grease, oil, or other hazardous substances, and uncovered receptacles
containing hazardous materials;
5.
Discharges
of commercial/municipal swimming pool filter backwash to the MS4;
6.
Discharges
of untreated runoff from the washing of toxic materials from paved
or unpaved areas to the MS4; provided, however, that nonindustrial
and noncommercial activities which incidentally generate urban runoff,
such as the hosing of sidewalks, shall be excluded from this prohibition;
7.
To
the maximum extent practicable, discharges to the MS4 from washing
impervious surfaces in industrial/commercial areas which results in
a discharge of untreated runoff to the MS4, unless specifically required
by State law, or the City's Municipal Code, or Los Angeles County's
Health and Safety Codes, or permitted under a separate NPDES permit;
8.
Discharges
from the washing out of concrete trucks into the MS4;
9.
Discharges
to the MS4 of any pesticide, fungicide or herbicide, banned by the
USEPA or the California Department of Pesticide Regulation; or
10.
The disposal of hazardous wastes into trash containers used for municipal
trash disposal where such disposal causes or threatens to cause a
direct or indirect discharge to the MS4.
E.
Car
Washing. No motor vehicle, boat, trailer, or other type of mobile
transportation may be washed, other than at a commercial car wash,
unless such vehicle is being washed by:
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
A.
Discharges
from those activities specifically identified in, or pursuant to,
Part III.A.1-3 of the municipal NPDES permit as being exempted discharges,
conditionally exempted discharges or designated discharges shall not
be considered a violation of this chapter; provided that, consistent
with Part III.A.1-3 of the municipal NPDES permit:
1.
Any
applicable BMPs developed pursuant to the municipal NPDES permit are
implemented to minimize any adverse impacts from such identified sources;
2.
The
discharger meets all notification, reporting and recordkeeping requirements;
and
3.
The
discharger has conducted all applicable monitoring requirements.
B.
Discharges
in Violation of the Municipal NPDES Permit. Any discharge that would
result in or contribute to a violation of the municipal NPDES permit,
either separately or in combination with other discharges, is prohibited.
Liability for any such discharge shall be the responsibility of the
person(s) causing or responsible for the discharge, and such person(s)
shall defend, indemnify and hold harmless the City from all losses,
liabilities, claims or causes of actions in any administrative or
judicial action relating to such discharge.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
Owners and occupants of property within the City shall comply
with the following requirements:
A.
Septic
Waste. No person shall leave, deposit, discharge, dump, or otherwise
expose any chemical or septic waste to precipitation in an area where
a discharge to City streets or MS4 may or does occur.
B.
Use
of Water. Runoff of water used for irrigation purposes shall be minimized
to the maximum extent practicable. Runoff of water from the permitted
washing down of paved areas shall be minimized to the maximum extent
practicable.
C.
Storage
of Materials, Machinery and Equipment. Machinery or equipment that
is to be repaired or maintained in areas susceptible to or exposed
to stormwater, shall be placed in a manner so that leaks, spills and
other maintenance-related pollutants are not discharged to the MS4.
D.
Removal
and Disposal of Debris from Industrial/Commercial Motor Vehicle Parking
Lots. Industrial/commercial motor vehicle parking lots with more than
25 parking spaces that are located in areas potentially exposed to
stormwater shall be swept regularly or other equally effective measures
shall be utilized to remove debris from such parking lots.
E.
Food
Wastes. Food wastes generated by nonresidential food service and food
distribution sources shall be properly disposed of and in a manner
so such wastes are not discharged to the MS4.
F.
Best
Management Practices. Best management practices shall be used in areas
exposed to stormwater for the removal and lawful disposal of all fuels,
chemicals, fuel and chemical wastes, animal wastes, garbage, batteries,
or other materials which have potential adverse impacts on water quality.
G.
Maintenance
of Structural BMPs. Structural BMPs shall be properly operated and
maintained, consistent with the approved SUSMP. Records and documentation
of such maintenance shall be provided to the Director upon request.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
A.
Industrial/Commercial
and Construction Related Dischargers Generally. Each discharger associated
with industrial/commercial activity or construction activity, or other
discharger described in any general NPDES permit addressing such discharges,
as may be issued by the U.S. Environmental Protection Agency, the
State Water Resources Control Board, or the Regional Board shall comply
with all requirements of such NPDES permit and the City's development
construction program. Each discharger identified in an individual
NPDES permit shall comply with and undertake all activities required
by such permit. Proof of compliance with any such NPDES permit and
the City's development construction program may be required in a form
acceptable to the Director prior to the issuance of any grading, building
or occupancy permits, or any other type of permit or license issued
by the City.
B.
Source
Control BMPs for Industrial/Commercial Facilities. Industrial/commercial
facilities shall implement the effective source control BMPs listed
in Table 10 of Part VI.D.6.f. of the municipal NPDES permit, unless
a particular pollutant generating activity does not occur on a facility's
site.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
A.
Objective.
Pursuant to Part VI.D.7.b of the municipal NPDES permit, the provisions
of this section establish requirements for construction activities
and facility operations of development and redevelopment projects
to comply with the current municipal NPDES permit to 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. Except as otherwise provided herein,
the City shall administer, implement and enforce the provisions of
this section.
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. As specified in this section, certain planning
priority projects shall meet the requirements of this section through
the preparation and submittal of a standard urban stormwater mitigation
plan (SUSMP), which shall include the applicable LID requirements
set forth in this section as an element of the SUSMP.
C.
Applicability—Planning
Priority Projects. The following development and redevelopment projects
shall be designated as planning priority projects, which are subject
to City conditioning and approval for the design and implementation
of post-construction controls to mitigate stormwater pollution prior
to completion of the projects, and shall meet the requirements of
this section:
1.
New
Development Projects.
a.
All development projects equal to one acre or greater of disturbed
area that adds more than 10,000 square feet of impervious surface
area.
b.
Industrial parks 10,000 square feet or more of surface area.
c.
Commercial malls 10,000 square feet or more of surface area.
d.
Retail gasoline outlets with 5,000 square feet or more of surface
area.
e.
Restaurants (Standard Industrial Classification (SIC) of 5812) with
5,000 square feet or more of surface area.
f.
Parking lots with 5,000 square feet or more of impervious surface
area, or with 25 or more parking spaces.
g.
Streets and roads construction of 10,000 square feet or more of impervious
surface area. Street and road construction applies to standalone streets,
roads, highways, and freeway projects, and also applies to streets
within larger projects.
h.
Automotive service facilities (Standard Industrial Classification
(SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square
feet or more of surface area.
i.
Projects located in or directly adjacent to, or discharging directly
to an environmentally sensitive area (ESA), where the development
will:
j.
Single-family hillside homes.
2.
Redevelopment
Projects.
a.
Land disturbing activity that results in the creation or addition
or replacement of 5,000 square feet or more of impervious surface
area on an already developed site on planning priority project categories.
b.
Where redevelopment results in an alteration to more than 50% 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.
c.
Where redevelopment results in an alteration of less than 50% 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.
d.
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.
e.
Existing single-family dwelling and accessory structures are exempt
from the redevelopment requirements unless such projects create, add,
or replace 10,000 square feet of impervious surface area.
f.
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.
In addition, the following specific requirements apply:
i.
New Single-Family Hillside Homes. A new single-family hillside home
development project shall include mitigation measures to:
(A)
Conserve natural areas;
(B)
Protect slopes and channels;
(C)
Provide storm drain system stenciling and signage;
(D)
Divert roof runoff to vegetated areas before discharge unless
the diversion would result in slope instability; and
(E)
Direct surface flow to vegetated areas before discharge, unless
the diversion would result in slope instability.
ii.
Street and Road Construction of Ten thousand Square Feet or More.
Street and road construction of 10,000 square feet or more of impervious
surface shall follow the City's Green Street Manual developed by the
Director and approved by City Council resolution. The City's Green
Street Manual shall be based on the USEPA guidance regarding Managing
Wet Weather with Green Infrastructure: Green Streets (December 2008
EPA-833-F-08-009).
iii.
Remainder of Planning Priority Projects Require a SUSMP. Except for the projects listed in paragraphs (1) and (2) of subsection D of this section, all other planning priority projects shall prepare and submit to the Director for review and approval a SUSMP which shall also contain LID requirements consistent with Parts VI.D.7.c and VI.D.7.d(iii) of the municipal NPDES permit. In addition, planning priority projects subject to this paragraph (iii) shall do the following:
(A)
Incorporate the SUSMP into Project Plans. An applicant for a planning priority project identified in paragraph (3) of subsection D of this section shall incorporate into the applicant's project plans a stormwater mitigation plan (SWMP), which includes those BMPs necessary to control stormwater pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or treatment control BMPs (including, as applicable, post-construction treatment control BMPs) set forth in project plans shall meet the design standards set forth in the SUSMP and the current municipal NPDES permit.
(B)
Verify Maintenance of BMPs. If a project applicant has included
or is required to include structural or treatment control BMPs in
project plans, the applicant shall provide verification of maintenance
provisions. The verification shall include the applicant's signed
statement, as part of its project application, accepting responsibility
for all structural and treatment control BMP maintenance until such
time, if any, the property is transferred.
D.
Issuance
of Discretionary Permits. No discretionary permit may be issued for
any planning priority project identified in this section until the
Director confirms the project plans comply with the applicable requirements
of this section.
E.
Issuance
of Certificates of Occupancy. As a condition for issuing a certificate
of occupancy for a planning priority project identified in this section,
the Director shall require facility operators and/or owners to build
all the stormwater pollution control BMPs and structural or treatment
control BMPs that are shown on the approved project plans and to submit
a signed certification statement stating that the site and all structural
or treatment control BMPs will be maintained in compliance with the
SUSMP and other applicable regulatory requirements.
F.
Transfer
of Properties Subject to Requirement for Maintenance of Structural
and Treatment Control BMPs.
1.
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:
(a) assume responsibility for maintenance of any existing structural
or treatment control BMP; or (b) to replace an existing structural
or treatment control BMP with new control measures or BMPs meeting
the then current standards of the City and the SUSMP. 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.
2.
For
residential properties where the structural or treatment control BMPs
are located within a common area which will be maintained by a homeowners
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.
3.
If
structural or treatment control BMPs are located within an area proposed
for dedication to a public agency, said BMPs shall be the responsibility
of the developer until the dedication is accepted by the public agency.
G.
CEQA.
Provisions of this section shall be complementary to, and shall not
replace, any applicable requirements for stormwater mitigation required
under the California Environmental Quality Act.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
A.
Violations
Deemed a Public Nuisance.
1.
The
following violations shall be deemed a public nuisance:
a.
Any condition caused or permitted to exist in violation of any of
the provisions of this chapter; or
b.
Any failure to comply with any applicable requirement of either the
SUSMP or an approved stormwater mitigation plan with respect to a
property; or
c.
Any false certification or verification, or any failure to comply
with a certification or verification provided by a project applicant
or the applicant's successor in interest; or
d.
Any failure to properly operate and maintain any structural or treatment
control BMP on a property in accordance with an approved stormwater
mitigation plan or the SUSMP, is determined to be a threat to the
public health, safety and welfare, is declared and deemed a public
nuisance, and may be abated or restored by any Director, and a civil
or criminal action to abate, enjoin or otherwise compel the cessation
of such nuisance may be brought by the City Attorney.
2.
The
cost of such abatement and restoration shall be borne by the owner
of the property and the cost shall be billed to the owner of the property,
as provided by law or ordinance for the recovery of nuisance abatement
costs.
3.
If
any violation of this chapter constitutes a seasonal and recurrent
nuisance, the Director shall so declare. The failure of any person
to take appropriate annual precautions to prevent stormwater pollution
after written notice of a determination under this section shall constitute
a public nuisance and a violation of this chapter.
B.
Concealment.
Causing, permitting, aiding, abetting or concealing a violation of
any provision of this chapter shall constitute a violation of such
provision.
C.
Civil
Actions. In addition to any other remedies provided in this chapter,
any violation of this chapter may be enforced by civil action brought
by the City. In any such action, the City may seek any or all of the
following remedies:
1.
A
temporary and/or permanent injunction;
2.
Assessment
of the violator for the costs of any investigation, inspection or
monitoring survey which led to the establishment of the violation,
and for the reasonable costs of preparing and bringing legal action
under this section;
3.
Costs
incurred in removing, correcting or terminating the adverse effects
resulting from violation;
4.
Compensatory
damages for loss or destruction to water quality, wildlife, fish and
aquatic life.
D.
Administrative
Enforcement Powers. In addition to the other enforcement powers and
remedies established by this chapter, the Director has the authority
to utilize the following administrative remedies:
1.
Cease
and Desist Orders. When a discharge has taken place or is likely to
take place in violation of this chapter, the Director may issue an
order to cease and desist such discharge, or practice or operation
likely to cause such discharge and direct that those persons not complying
shall: (a) comply with the requirement; (b) comply with a time schedule
for compliance; and (c) take appropriate remedial or preventive action
to prevent the violation from recurring.
2.
Notice
to Clean. Whenever the Director finds any oil, earth, debris, grass,
weeds, dead trees, tin cans, rubbish, refuse, waste or any other material
of any kind, in or upon the sidewalk abutting or adjoining any parcel
of land, or upon any parcel of land or grounds, which may result in
pollutants entering the MS4 or a non-stormwater discharge to the MS4,
he or she may give notice to the owner or occupant of the adjacent
property to remove such oil, earth, debris, grass, weeds, dead trees,
tin cans, rubbish, refuse, waste or other material, in any manner
that he or she may reasonably provide. The recipient of such notice
shall undertake the activities as described in the notice.
E.
Penalties. Violation of this chapter shall be punishable as provided in Chapter 1.16 of this code. Each day that a violation continues shall constitute a separate offense.
F.
Permit
Revocation. To the extent the City makes a provision of this chapter
or any identified BMP a condition of approval to the issuance of a
permit or license, any person in violation of such condition is subject
to the permit revocation procedures set forth in this code.
G.
Burden
of Proof. In an enforcement action, the burden of proof shall be on
the person who is the subject of such action to establish that the
reduction or elimination of the discharge to the maximum extent practicable
has been accomplished through compliance with the best management
practices available, including applicable monitoring, notifications
and reporting requirements.
H.
Remedies.
Remedies under this chapter are in addition to and do not supersede
or limit any and all other available remedies, civil or criminal.
The remedies provided for in this chapter shall be cumulative and
not exclusive.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
Fees for plan reviews, inspections, violations, corrections
and tasks associated with this section shall be established by resolution
of the City Council.
(Ord. 14-1651 § 1; Ord. 21-1722 § 2)
