"Authorized inspector"shall mean the Director of Public Works, the Fire Chief and the Director of Community Development, and persons designated by and under his or her instruction and supervision, who are assigned to investigate compliance with, detect violations of, and/or take actions pursuant to this chapter.
"Best Management Practices ("BMPs")"shall mean schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or the stormwater drainage system. Best Management Practices also include, but are not limited to, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help achieve compliance with this chapter.
"City"shall mean the City of Huntington Beach, Orange County, California.
"City Attorney"shall mean the City Attorney of the City of Huntington Beach and his or her designee, which counsel is authorized to take enforcement action as described herein. For purposes of criminal prosecution, only the City Attorney, or his or her designee, shall act as the City Attorney.
"Co-permittee"shall mean the County of Orange, the Orange County Flood Control District, and/or any one of the 31 municipalities, including the City of Huntington Beach, which are responsible for compliance with the terms of the NPDES Permit.
"DAMP"shall mean the Orange County Drainage Area Management Plan, as the same may be amended from time to time.
"Development project guidance"shall mean DAMP Chapter
VII and the appendix thereto, entitled
Best Management Practices for New Development Including Nonresidential Construction Projects, as the same may be amended from time to time.
"Discharge"shall mean any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid substance.
"Discharge exception"shall mean the group of activities not restricted or prohibited by this chapter, including only:
1. Discharges composed entirely of stormwater;
2. Discharges subject to regulation under current EPA or Regional Water Quality Control board issued NPDES permits, State General Permits, or other waivers, permits or approvals granted by an appropriate government agency;
3. Emergency firefighting flows (i.e., flows necessary for the protection of life and property). Where reasonably feasible, however, and without interfering with health and safety, the use of BMPs should be considered;
4. Diverted stream flows, flows from riparian habitats and wetlands, rising groundwater, and de minimis ground water infiltration to the stormwater drainage system (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems);
5. Dechlorinated swimming pool discharges, dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters (cleaning wastewater and filter backlash discharges, however are prohibited).
6. Discharges to the stormwater drainage system from passive foundation drains, air conditioning condensation, water from crawl space pumps, passive footing drains, non-commercial vehicle washing;
7. Discharges of waters not otherwise containing waste as defined in California Water Code Section
13050(d);
8. Discharges from portable water sources, including water line flushing, super-chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water: Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted if necessary, and volumetrically and velocity controlled to prevent causing hydrologic conditions of concern in receiving waters. pH must be no less than 6.5 and no greater than 8.6;
9. Other types of discharges identified and recommended by the permittees and approved by the Santa Ana Regional Water Quality Control Board.
In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception. |
"EPA"shall mean the Environmental Protection Agency of the United States.
"Fugitive dust"shall mean very small particles suspended in the air, the source of which is primarily the earth's soil but can include dust generated from cutting stone and concrete.
"Hearing officer"shall mean the Director of Public Works, Planning Director, Fire Chief or Director of Building and Safety, or his or her designee, who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein (or) shall mean the appeals board established by separate resolution of the City Council, which shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.
"Illicit connection"shall mean any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the stormwater drainage system occurs or may occur. The term "illicit connection" shall not include legal nonconforming connections or connections to the stormwater drainage system that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
"Imminent danger"shall mean, but is not limited to, exigent circumstances created by the dispersal of pollutants, which present a significant and immediate threat to the public safety or the environment.
"Invoice for costs"shall mean the actual costs and expenses of the City of Huntington Beach, including but not limited to administrative overhead, salaries and other expenses recoverable under state law, incurred during any inspection conducted pursuant to this chapter or where a notice of noncompliance, administrative compliance order or other enforcement option under this chapter is utilized to obtain compliance with this chapter.
"Legal nonconforming connection"shall mean connections to the stormwater drainage system existing as of the adoption of this chapter that were in compliance with all federal, state and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the industrial waste ordinance, County Ordinance No. 703.
"New development"shall mean all public and private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, and other nonresidential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
"Nonresidential plumbing permit"shall mean a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than stormwater, potable water, reclaimed water or domestic sewage.
"NPDES Permit"shall mean the currently applicable municipal discharge permit(s) issued by the Regional Water Quality Control Board, Santa Ana Region (and/or the Regional Water Quality Control Board, San Diego Region, as appropriate), which permit(s) establishes waste discharge requirements applicable to stormwater runoff in the City of Huntington Beach.
"Nuisance"shall mean any discharge permitted as a discharge exemption but identified by the authorized inspector as a nuisance and a threat to water quality, either due to the nature of the discharge, volume of the discharge, and/or potential negative impact to the receiving water body.
"Person"shall mean any natural person as well as any corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above.
"Pollutant"shall mean any liquid, solid or semi-solid substances, or combination thereof, including, and not limited to:
1. Trash and debris, (such as, but not limited to, floatable plastics, wood products or metal shavings).
3. Sediment due to construction or landscaping activities or due to lack of effective erosion and sediment controls.
4. Metals and non-metals, including compounds of metals and non-metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic) with characteristics which cause an adverse effect on living organisms.
5. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease).
6. Animal waste and wash-water resulting from cleaning activities to areas affected by animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields).
7. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor.
8. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for portable water line flushing).
9. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon.
10. Materials which contain base/neutral or acid extractable organic compounds.
11. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act.
12. Any other constituent or material, including, but not limited to, pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the City and State.
13. Washwater resulting from cleaning activities of outdoor surfaces such as patios, sidewalks, walkways, building exteriors, balconies, roofs, windows and decks.
14. Discharge resulting from cleaning activities, repair, or maintenance of any type of equipment, machinery, or facility, including, but not limited to, motor vehicles, concrete mixing equipment, portable toilet servicing, etc.
15. Washwater from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, and other such commercial and industrial mobile washing activities.
16. Water from cleaning of municipal, industrial, and commercial facilities, locations and area, including, but not limited to, parking lots, streets, sidewalks, driveways, patios, refuse enclosures, plazas, work yards, and outdoor eating or drinking areas, etc.
17. Runoff from material storage areas including, but not limited to, receptacles that contain chemicals, fuels, grease, oil, hazardous materials, food waste, and trash/debris.
18. Non-stormwater discharges defined as Discharge Exception but identified by the authorized inspector as a nuisance due to the nature of the discharge, volume of the discharge, and/or potential negative impact to quality.
19. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals; pool filter backwash containing debris and chlorine.
20. Food service establishment or food processing facility wastes including, but not limited to, food waste, grease oil, washwater from floor mat, equipment, and trash enclosure cleaning activities, etc.
21. Fugitive dust.
Any pollutant which is duplicative of another shall not be construed to exclude either item, as the same pollutant may be described more than one time. |
"Prohibited discharge"shall mean any discharge which contains any pollutant, from public or private property:
1. The stormwater drainage system;
2. Any upstream flow, which is tributary to stormwater drainage systems;
3. Any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough; or
4. Any coastal harbor, bay or the Pacific Ocean.
The term "prohibited discharge" shall not include discharges allowable under the discharge exception unless declared a nuisance by City staff. |
"Receiving waters"shall mean a "water of the United States" within the scope of the
California Water Code, including, but not limited to, natural streams, creeks, rivers, reservoirs, lakes, ponds, water in vernal pools, lagoons, estuaries, bays, the Pacific Ocean and groundwater.
"Significant redevelopment"shall mean the rehabilitation or reconstruction of public or private residential (whether single-family, multi-unit or planned unit development), industrial, commercial, retail, or other nonresidential structures, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
"State General Permit"shall mean either the State Industrial General Permit or the State Construction General Permit and the terms and requirements of either or both. In the event the U.S. Environmental Protection Agency ("EPA") revokes the in-lieu permitting authority of the State Water Resources Control Board, then the term "State General Permit" shall also refer to any EPA administered stormwater control program for industrial and construction activities.
"Stormwater drainage system"shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the Countywide storm water runoff system and owned, operated, maintained or controlled by the City, the County of Orange, the Orange County Flood Control District, or any co-permittee city, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.
(3364-8/97, 3620-12/03, 4206-7/20)