Except as specifically provided herein, any term used in this
chapter shall be defined as that term in the current municipal NPDES
permit, or if it is not specifically defined in either the municipal
NPDES permit, then as such term is defined in the Federal Clean Water
Act, as amended, and/or the regulations promulgated thereunder. If
the definition of any term contained in this chapter 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:
is a statistical design storm defined through a hydrologic
analysis of long-term rainfall records for a particular geographic
area. At the most basic level, the design storm represents the 85th
percentile, 24-hour rainfall depth (typically measured in inches of
rain) among all 24-hour rainfall depths evaluated in the historical
record. Analyses that define this storm event often express the 85th
percentile, 24-hour storm event as an "isohyetal" or "isopluvial"
map with contour lines connecting areas with the same 85th percentile,
24-hour rainfall depth. In some situations (e.g., in storm hydrographs),
the temporal distribution of rainfall during the 85th percentile,
24-hour storm event may be assumed.
means the Federal Water Pollution Control Act, also known
as the Clean Water Act as amended, 33 U.S.C. 1251, et seq.
means a detrimental effect upon water quality or beneficial
uses caused by a discharge or loading of a pollutant or pollutants.
as defined in the Water Quality Control Plan for Ocean Waters
of California (California Ocean Plan), ASBS are all those areas designated
by the State Water Board as ocean areas requiring protection of species
or biological communities to the extent that maintenance of natural
water quality is assured. All Areas of Special Biological Significance
are also classified as a subset of State Water Quality Protection
Areas. ASBS are also referred to as State Water Quality Protection
Areas – Areas of Special Biological Significance (SWQPA-ASBS).
means any discharge that is authorized pursuant to an NPDES
permit, waste discharge requirements, a conditional waiver of waste
discharge requirements, or other appropriate order issued by the State
or Regional Water Board or complies with the requirements set forth
in the Municipal NPDES Permit.
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, 5541, 5511,
provided that these facilities have no outside activities or materials
that may be exposed to stormwater.
means the Water Quality Control Plan, Los Angeles Region,
Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties,
adopted by the Regional Water Board on June 13, 1994, and all subsequent
amendments.
means practices or physical devices or systems designed to
prevent or reduce pollutant loading from stormwater or non-stormwater
discharges to receiving waters.
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 is defined
to include only systems designed to facilitate incidental infiltration
or achieve the equivalent pollutant reduction as biofiltration BMPs
with an underdrain. 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 the municipal NPDES permit, 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 Claremont.
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 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.
are certain categories of discharges that are not composed
entirely of stormwater and that are allowed by the Los Angeles Water
Board to discharge into the MS4, if the discharge is in compliance
with all specified requirements; are not otherwise regulated by an
individual or general NPDES permit; and are essential public services
that are directly or indirectly required by other state or federal
statute and/or regulation. These include non-stormwater discharges
such as from drinking water supplier distribution system releases.
Conditionally exempt essential nonstormwater discharges may contain
minimal amounts of pollutants, however, when in compliance with industry
standard BMPs and control measures, do not result in significant environmental
effects.
are certain categories of discharges that are not composed
entirely of stormwater and that are either not sources of pollutants
or may contain only minimal amounts of pollutants and when in compliance
with specified BMPs do not result in significant environmental impacts.
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. See "routine maintenance" definition for further
explanation. Where clearing, grading, or excavating of underlying
soil takes place during a repaving operation, state general construction
permit coverage by the State of California general permit for storm
water discharges associated with industrial activities or for stormwater
discharges associated with construction activities is required if
more than one acre is disturbed or the activities are part of a larger
plan.
means to minimize, reduce, or eliminate or prohibit by technological,
legal, contractual, or other means, the discharge of pollutants from
an activity or activities.
means the City Council of the City of Claremont.
means swimming pool discharges which do not contain measurable
quantities of chlorine or bromine and do not contain any detergents,
wastes, or additional chemicals not typically found in swimming pool
water. The term does not include swimming pool filter backwash.
means the Community Development Department of the City of
Claremont.
means construction, rehabilitation, redevelopment, or reconstruction
of any public or private residential project (whether single-family,
multi-unit, or planned unit development); industrial, commercial,
retail, and other 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 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.
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 Director of Community Development, or his/her authorized
deputy, agent, representative or inspector.
when used without qualification means the release of a pollutant
from the MS4.
means an area that is altered as a result of clearing, grading,
and/or excavation.
means sources of flows from drinking water storage, supply,
and distribution systems including flows from system failures, pressure
releases, system maintenance, distribution line testing, fire hydrant
flow testing; and flushing and dewatering of pipes, reservoirs, vaults,
and minor non-invasive well maintenance activities not involving chemical
addition(s). It does not include wastewater discharges from activities
that occur at wellheads, such as well construction, well development
(i.e., aquifer pumping tests, well purging, etc.), or major well maintenance.
is the portion of the surface area that is hydrologically
connected to a drainage system via a hardened conveyance or impervious
surface without any intervening pervious area to mitigate the runoff
volume.
means any incident, whether natural, technological, or human-caused,
that requires responsive action to protect life or property (as defined
by the Federal Emergency Management Agency). The responsive action
should implement measures, to the fullest extent possible, to reduce
the threat to water quality.
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 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 any material(s) defined as hazardous by Division 20,
Chapter 6.95 of the California Health and Safety Code.
is standardized watershed classification system in which
each hydrologic unit is identified by a unique hydrologic unit code
(HUC). The HUC may consist of an eight to 12 digit number. The eight-digit
HUC identifies an area based on four levels of classification: region,
sub-region, hydrologic basin, and hydrologic sub-basin. The watershed
boundary dataset includes the 12-digit HUC delineation, which further
divides each hydrologic unit into watersheds and sub-watersheds based
on scientific information and not administrative boundaries.
means the alteration away from a natural state of stream
flows or the beds or banks of rivers, streams, or creeks, including
ephemeral washes, which results in hydrogeomorphic changes.
means any man-made conveyance that is connected to the storm
drain system without a permit, excluding roof drains and other similar
type connections. Examples include channels, pipelines, conduits,
inlets, or outlets that are connected directly to the storm drain
system.
means any discharge into the MS4 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 nonstormwater discharges resulting
from natural flows specifically identified in the MS4 Permit.
means any disposal, either intentionally or unintentionally,
of material(s) or waste(s) that can pollute stormwater or authorized
or conditionally exempt non-stormwater.
means any man-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 and/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.
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 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.
means those activities necessary for the installation of
underground and overhead linear facilities (e.g., conduits, substructures,
pipelines, towers, poles, cables, wires, connectors, switching, regulating
and transforming equipment and associated ancillary facilities) and
include, but are not limited to, underground utility mark-out, potholing,
concrete and asphalt cutting and removal, trenching, excavation, boring
and drilling, access road and pole/tower pad and cable/wire pull station,
substation construction, substructure installation, construction of
tower footings and/or foundations, pole and tower installations, pipeline
installations, welding, concrete and/or pavement repair or replacement,
and stockpile/borrow locations.
means building and landscape features designed to retain
or filter stormwater runoff.
means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutter,
ditches, man-made channels, or storm drains) (40 CFR Section 122.26(b)(8))
that is:
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; and
Which is not part of a Publicly Owned Treatment Works (POTW)
as defined at 40 CFR Section 122.2.
means the national program for issuing, modifying, revoking,
and reissuing, terminating, monitoring, and enforcing permits, and
imposing and enforcing pretreatment requirements, under CWA Sections
307, 402, 318, and 405. The term includes an "approved program."
means a drainage system that has not been improved (e.g.,
channelized or armored). The clearing or dredging of a natural drainage
system does not cause the system to be classified as modified as defined
in Hydromodification.
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 storm drain system that
is not composed entirely of stormwater.
means anything that meets all of the following requirements:
(1) is injurious to health, or is indecent or offensive to the senses,
or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property; (2) affects at
the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage
inflicted upon individuals may be unequal; (3) occurs during, or as
a result of, the treatment or disposal of wastes, including stormwater.
means land area or 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 (Source: Order No. R4-2012-0175).
means any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, state,
governmental entity or any other legal entity, or their legal representatives,
agents, or assigns. The masculine gender shall include the feminine
and the singular shall include the plural where indicated by the context.
means development projects subject to permittee conditioning
and approval for the design and implementation of post-construction
controls to mitigate stormwater pollution, prior to completion of
the project(s).
means any "pollutant" defined in Section 502(6) of the Federal
Clean Water Act or incorporated into the California Water Code Sec.
13373. Pollutants may 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 non- metals 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 that 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);
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.
means any action that causes a net reduction in the use or
generation of a hazardous substance or other pollutant that is discharged
into water and includes, but is not limited to, input change, operational
improvement, production process change, and product reformulation
(as defined in Water Code Section 13263.3).
means all development, redevelopment, and land disturbing
activities. The term is not limited to "project" as defined under
CEQA (Pub. Resources Code Section 21065).
means any rain event greater than 0.1 inch in 24 hours except
where specifically stated otherwise.
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.
means "water of the United States" into which waste and/or
pollutants are or may be discharged.
includes, but is not limited to, the following: the expansion
of a building footprint; addition or replacement of a structure; replacement
of impervious surface area that is not part of a routine maintenance
activity; and land disturbing activities 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 establishments primarily engaged in the retail sale
of prepared food and drinks for onpremises or immediate consumption.
Caterers and industrial and institutional food service establishments
are also included in this industry (SIC Code 5812).
means any facility engaged in selling gasoline and lubricating
oils (SIC 5541 and NAICS 447110 and 447190).
"Routine maintenance" projects include, but are not limited
to, the following:
Activities to maintain the original line and grade, hydraulic
capacity, or original purpose of the facility.
As needed restoration work to preserve the original design grade,
integrity and hydraulic capacity of flood control facilities.
Road shoulder work, regrading dirt or gravel roadways and shoulders
and performing ditch cleanouts.
Updating existing lines* and facilities to comply with applicable
codes, standards, and regulations regardless of whether such projects
result in increased capacity.
Leak repair.
|
"Routine maintenance" does not include construction of new**
lines or facilities resulting from compliance with applicable codes,
standards, and regulations.
| |
|
*
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Includes replacing existing lines with new materials or pipes.
|
|
**
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New lines are those that are not associated with existing facilities
and are not part of a project to update or replace existing lines.
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means any runoff including stormwater and non-stormwater
from a drainage area that reaches a receiving water body.
means low-volume pressure washing of paved pedestrian walkways
with average water usage of 0.006 gallons per square foot, with no
cleaning agents, and proper disposal of all debris collected.
means land or water area where any "facility or activity"
is physically located or conducted, including adjacent land used in
connection with the facility or activity.
means any schedules 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.
means any facilities or any part of those facilities, including
streets, gutters, conduits, natural or artificial drains, channels,
and watercourses that are used for the purpose of collecting, storing,
transporting, or disposing of stormwater and are located within the
City of Claremont.
means a plan, as required by a state general permit for discharges
of stormwater (e.g., construction general permit or industrial general
permit), identifying potential pollutant sources and describing the
design, placement, and implementation of BMPs, to effectively prevent
non-stormwater discharges and reduce pollutants in stormwater discharges
from activities covered by the general permit.
means water that originates from atmospheric moisture (rain
or snow) and that falls onto land, water, or other surfaces. Without
any change in its meaning, this term may be spelled or written as
one word or two separate words.
means the part of precipitation (rainfall or snowmelt) that
travels across a surface to the storm drain system or receiving waters.
means the Los Angeles Countywide Standard Urban Stormwater
Mitigation Plan. The SUSMP was required as part of the previous municipal
NPDES permit (Order No. 01-182, NPDES No. CAS004001) and required
plans that designate best management practices (BMPs) that must be
used in specified categories of development projects.
means any engineered system designed to remove pollutants
by simple gravity settling of particulate pollutants, filtration,
biological uptake, media absorption or any other physical, biological,
or chemical process.
means surface water flow produced by storm and non-storm
events. Non-storm events include flow from residential, commercial,
or industrial activities involving the use of potable and non-potable
water.
(14-05; 22-01)
A.
Short
Title. The ordinance codified in this chapter shall be known as the
"Stormwater and Runoff Pollution Control Ordinance" and may be referred
to as such.
B.
Purpose
and Intent. The purpose of this chapter is to protect the health and
safety of the residents of the City by protecting the beneficial uses,
marine habitats, and ecosystems of receiving waters from pollutants
carried by stormwater and non-stormwater discharges. The intent of
this chapter is to enhance and protect the water quality of receiving
waters consistent with the Act.
C.
Applicability
of this Chapter. The provisions of this chapter shall apply to the
discharge, deposit, addition, or disposal of any non-stormwater, stormwater
and/or runoff to the storm drain system and/or receiving waters within
the City of Claremont.
D.
Standards,
Guidelines, and Criteria. The Director may establish uniform minimum
standards, guidelines, and/or criteria for specific discharges, connections
and/or BMPs. The provisions of this section shall not prohibit the
Director from requiring a discharger or permittee from taking additional
measures to achieve the objectives of this chapter or any permit.
(14-05; 22-01)
A.
Except
as otherwise conditionally authorized by the permit or any other NPDES
permit, waiver or waste discharge order issued by the U.S. EPA, the
State Board, or a Regional Board, provided that the discharger is
in full compliance with all requirements of the permit, waiver or
order and other applicable laws and regulations, including the provisions
of this chapter, and subject to any requirements specified by the
Director, no person shall do the following:
1.
Discharge
non-stormwater to the City's storm drain system or to receiving waters
except in compliance with the requirements of this chapter;
2.
Cause,
allow, or facilitate any prohibited discharge; and
3.
Discharge,
cause, allow, or facilitate any discharge that may cause or threaten
to cause a condition of pollution or nuisance as defined in Water
Code Section 13050, that may cause, threaten to cause or contribute
to an exceedance of any water quality standard in any Statewide Water
Quality Control Plan, California Toxics Rule, or Basin Plan, or that
may cause or contribute to the violation of any receiving water limitation.
B.
Pursuant
to the permit, discharges which may be conditionally authorized subject
to best management practices and other restrictions or prohibitions
determined by the Director include, but are not limited to, the following
types of discharges:
1.
Authorized
non-stormwater discharges separately regulated by an individual or
general NPDES permit;
2.
Authorized
non-stormwater discharges separately regulated by a conditional waiver
or WDRs for agricultural lands;
3.
Temporary
non-stormwater discharges authorized pursuant to Sections 104(a) or
104(b) of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) that either: (a) will comply with water
quality standards as applicable or relevant and appropriate requirements
(ARARs) under Section 121(d)(2) of CERCLA; or (b) are subject to either:
(i) a written waiver of ARARs pursuant to Section 121(d)(4) of CERCLA;
or (ii) a written determination that compliance with ARARs is not
practicable considering the exigencies of the situation pursuant to
40 CFR. Section 300.415(j);
4.
Authorized
non-stormwater discharges from emergency firefighting activities (i.e.,
discharges resulting from water use necessary for the protection of
life or property from fire);
5.
Natural
flows to include the following:
a.
Natural springs;
b.
Flows from riparian habitats and wetlands;
c.
Diverted stream flows, authorized by the State Water Board or Los
Angeles Water Board;
d.
Uncontaminated ground water infiltration; and
e.
Rising ground waters, where ground water seepage is not otherwise
covered by a NPDES permit.
6.
Conditionally
exempt non-stormwater discharges as follows:
b.
Conditionally exempt non-essential non-stormwater discharges to include:
i.
Dewatering of lakes;
ii.
Landscape irrigation;
iii.
Dechlorinated/debrominated swimming pool/spa discharges not otherwise
regulated by a separate NPDES permit;
iv.
Dewatering of decorative fountains;
v.
Non-commercial car washing by residents or by non-profit organizations;
vi.
Street/sidewalk wash water;
vii.
Short-term releases of potable water with no additives or dyes for
filming purposes; and
viii.
Potable wash water used to clean reservoir covers.
c.
Non-stormwater discharges to an ASBS are allowed as follows:
C.
The
Director may limit or prohibit any discharge which is conditionally
authorized by the permit if the discharge is a source of pollutants
or causes or contributes to an exceedance of applicable receiving
water limitations or water quality-based effluent limitations, including,
but not limited to, imposing conditions on such discharge, requiring
control measures and other actions to reduce pollutants, requiring
diversion of the discharge to the sanitary sewer, or requiring pretreatment.
D.
The
Director may require any person to obtain a permit from the City before
discharging or causing, allowing or facilitating any discharge to
the storm drain system. It is unlawful to discharge, cause, allow,
or facilitate any discharge to the storm drain system in violation
of any permit so required.
E.
Littering
and other discharge of polluting or damaging substances are prohibited:
1.
No
person shall cause any refuse, rubbish, food waste, garbage, or any
other discarded or abandoned objects to be littered, thrown, deposited,
left, accumulated, maintained or kept in or upon any street, alley,
sidewalk, storm drain, inlet, catch basin, conduit, drainage structure,
place of business, or upon any public or private property so that
the same may or does become a pollutant which may or does enter the
storm drain system or receiving waters, except when such materials
are placed in containers, bags, recycling bins, or other lawfully
established waste disposal facilities protected from stormwater or
runoff.
2.
No
person shall cause the disposal of hazardous materials or hazardous
wastes into trash containers used for municipal trash disposal.
3.
No
person shall cause to be discharged to the storm drain system or to
receiving waters any pesticide, fungicide, or herbicide prohibited
by the U.S. EPA or the California Department of Pesticide Regulation.
4.
No
person shall cause the accumulation of pollutants, leaves, dirt, or
other landscape debris into a street, alley, catch basin, culvert,
curb, gutter, inlet, ditch, natural watercourse, flood control channel,
canal, storm drain, or any fabricated or natural conveyance so that
the same may or does become a pollutant which may or does enter the
storm drain system or receiving waters.
5.
No
person shall cause the disposal of sanitary or septic waste or sewage
into the storm drain system from any property or residence or any
type of recreational vehicle, camper, bus, boat, holding tank, portable
toilet, vacuum truck, or other mobile source of waste holding tank,
container, or device.
6.
No
person shall discharge or cause to be discharged anything that would
result in or contribute to a violation of the City's NPDES permit
and any amendment, revision or re-issuance, thereof, either separately
or when combined with other discharges.
(14-05; 22-01)
A.
Installation
or Use of Illicit Connections Prohibited. No person shall install,
maintain or use any connection to the storm drain system or act, cause,
permit or suffer any non-stormwater to be discharged or conveyed through
a connection to the storm drain system unless the connection has been
permitted by the Director. This prohibition is retroactive and applies
to connections made in the past, regardless of whether made under
a permit or other authorization, or whether permissible under the
laws or practices applicable or prevailing at the time of the connection.
B.
Removal of Illicit Connection from the Storm Drain System. If any person fails to remove an illicit connection upon notification by the Director, or upon revocation of a connection permit, the Director may remove such connection from the storm drain system pursuant to Section 8.28.060 of this chapter. The Director may pursue the recovery of costs for such removal pursuant to Section 8.28.060 of this chapter.
(14-05; 22-01)
A.
Any
person engaged in activities which will or may result in pollutants
entering the City storm drain system shall undertake all control measures
and BMPs as the Director may require to reduce such pollutants. Premises
with a high potential threat of discharge may be required to implement
a monitoring program meeting standards established by the City. Where
best management practices guidelines or requirements have been adopted
by any federal, state, regional, and/or city agency, for any activity,
operation, or facility which may cause or contribute to stormwater
pollution or contamination, illicit discharges, and/or discharges
of non-stormwater to the storm drain system, every person undertaking
such activity or operation, or owning or operating such facility shall
comply with such guidelines or requirements as may be identified by
the Director.
B.
Installation
of Structural BMPs. No person shall install a structural BMP for the
purpose of treating, neutralizing, disposing of monitoring or diverting
to the sanitary sewer system any runoff without the approval of the
Director and of the Los Angeles County Sanitation District or any
successor thereto. Such facilities may be subject to plan review,
application, and issuance of operating permits pursuant to this Code.
C.
BMPs
to be Consistent with Environmental Goals. No person shall install
or implement a BMP that transfers pollutants to air, groundwater,
surface soils and/or other media in a manner inconsistent with applicable
environmental laws and regulations.
D.
The
Director may require any person responsible for any industrial or
commercial facility of new or redevelopment project to submit documentation
demonstrating coverage by and compliance with any applicable permit,
including copies of any notice of intent, stormwater pollution prevention
plans, inspection reports, monitoring results, and other information
deemed necessary to assess compliance with this chapter or any NPDES
permit. Each discharger identified in an individual NPDES permit relating
to stormwater discharges shall comply with and undertake all activities
required by such permit.
E.
The
Director may require any person responsible for any industrial or
commercial facility or new development or redevelopment project to
enter into an agreement for the operation and maintenance of any structural
control measures and to record such agreement with the County Recorder's
office.
F.
The
following BMPs are required of every owner or occupant of any property:
1.
No
person shall leave, deposit, discharge, dump, or otherwise expose
any chemical, fuel, animal waste, garbage, batteries and/or septic
waste in an area where actual or potential discharge to the City streets
or the storm drain system may occur. Any spills, discharge, or residues
shall be removed as soon as possible and disposed of properly.
2.
Runoff
from landscape irrigation, air conditioning condensate, water-line
flushing, foundation/footing drains, individual residential car washing,
dechlorinated/debrominated swimming pool/spa discharges and sidewalk
washing shall be conducted in a manner which minimizes or eliminates
the possibility of pollutant discharges reaching the City storm drain
system or receiving waters.
3.
Runoff
from washing paved areas, including, but not limited to, parking lots,
on industrial or commercial property is prohibited unless specifically
required by federal, state, or local health or safety codes and not
in violation of any other provision of this Code. Runoff from authorized
washing of paved areas shall be minimized to the extent practicable.
4.
Objects,
such as motor vehicle parts containing grease, oil, or other hazardous
materials, and unsealed receptacles containing hazardous materials,
shall not be stored in area exposed to stormwater or otherwise susceptible
to runoff.
5.
Any
machinery or equipment which is to be repaired or maintained in areas
exposed to stormwater or otherwise susceptible to runoff shall be
provided with containment areas to control leaks, spills, or discharges.
6.
All
motor vehicle parking lots with more than 25 parking spaces and located
in areas exposed to stormwater or otherwise susceptible to runoff
shall have debris removed by regular sweeping or other equally effective
measures. Such debris shall be collected and properly disposed of.
7.
Motor
vehicle parking lots with a gravel/sediment base to implement BMPs
to prevent the discharge of gravel and sediment to the MS4.
(14-05; 22-01)
A.
The
Director may require any person discharging or causing, allowing,
or facilitating a discharge to the storm drain system or receiving
waters to take any or all of the following actions:
1.
To
submit information necessary to comply with the permit or to confirm
that person's compliance with this chapter;
2.
To
monitor discharges and submit reports of discharge activities;
3.
To
maintain records of monitoring and discharging; and
4.
To
take any other action necessary to comply with the permit or this
chapter.
B.
Notwithstanding
any other requirement of law, any known or suspected release of materials,
pollutants, or waste, which may result in pollutants or non-stormwater
discharges entering stormwater, the storm drain system or waters of
the state or United States, shall be reported immediately in the following
manner by any person in charge of a premises or responsible for the
premises' emergency response:
1.
The
release of a hazardous material shall be immediately reported to emergency
services by emergency dispatch services (911).
2.
The
release of a nonhazardous material shall be reported as follows:
a.
To the Director during normal business hours (Monday through Thursday
7:00 a.m.—6:00 p.m.) and to the Claremont Police Department
after hours on the same business day;
b.
If the release occurs after 6:00 p.m. on a weekday, on a weekend
or holiday, to the Claremont Police Department on the same day and
to the Director by telephone on the next business day; and
c.
A written notification of the release shall also be made to the Director
within ten business days of release. A copy of the written notice
shall be retained at the premises for at least three years. The notification
shall include a detailed written report describing the cause of the
discharge, corrective action taken and measures to be taken to prevent
future occurrences, and measures taken to remediate the effects of
the discharge. Such notification shall not relieve the discharger
or permittee from liability or fines incurred as a result of the uncontrolled
discharge.
3.
In
addition to the above requirements, the release of any hazardous materials
or substances, sewage, oil, or petroleum to any waters of the state,
or discharged to deposited where it is or probably will be in discharged
in or on any waters of the state, shall be reported to the State Office
of Emergency Services, as required by Sections 1327 and 13272 of California
Water Code.
(14-05; 22-01)
A.
Prohibited
Discharges from Industrial or Commercial Activity. Any person subject
to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. The following
discharges from industrial or commercial activities are prohibited
unless the discharge is in compliance with a NPDES permit:
1.
Discharge
of wash waters to the storm drain system from the cleaning of gas
stations, auto repair garages, or other types of auto repair facilities;
2.
Discharge
of wastewater to the storm drain system from mobile auto washing,
steam cleaning, mobile carpet cleaning, or other such mobile commercial
and industrial operations;
3.
Discharge
to the storm drain system from areas where repair of machinery and
equipment, including motor vehicles, which are visibly leaking oil,
fluids or coolants is undertaken;
4.
Discharge
to the storm drain system from storage areas for materials containing
grease, oil, or hazardous materials, or from uncovered receptacles
containing hazardous materials, grease, or oil;
5.
Discharge
of commercial/public swimming pool filter backwash to the storm drain
system;
6.
Discharge
from the washing of toxic materials from paved or unpaved areas to
the storm drain system;
7.
Discharge
from the washing out of concrete trucks to the storm drain system;
and
8.
Discharge
from the washing or rinsing of restaurant mats, equipment, or garbage
bins or cans in such a manner that causes non-stormwater to enter
the storm drain system.
B.
Industrial/Commercial
Facility Sources Required to Obtain a NPDES Permit. Any industrial
or commercial facility required to have a NPDES permit shall retain
on site and upon request, make immediately available to the Director
the following documents as evidence of compliance with permit requirements,
as applicable:
1.
A
copy of a NPDES permit or notice of intent to comply with a general
permit to discharge stormwater associated with industrial or construction
activity as submitted to the State Board or report of waste discharge
as submitted to a Regional Board of jurisdiction;
2.
A
waste discharge identification number issued by the State Board or
copy of the NPDES permit issued by a Regional Board;
3.
A
SWPPP and a monitoring program plan or group monitoring plan;
4.
Stormwater
quality data;
5.
Evidence
of facility self-inspection; or
6.
Evidence
that facilities has filed a notice of non-applicability (NONA) or
any applicable waiver issued by the Los Angeles Water Board or State
Water Board pertaining to stormwater discharges.
C.
Best
management practices for industrial and commercial facilities. All
industrial and commercial facilities shall implement BMPs which will
effectively prevent the direct or indirect discharge of pollutants
to the storm drain system or receiving waters to the maximum extent
practicable. Minimum BMPs applicable to all industrial and commercial
facilities include, but are not limited to the following:
1.
Termination
of all non-stormwater discharge to the storm drain system that is
not specifically authorized by a NPDES permit;
2.
Exercising
general good housekeeping practices;
3.
Incorporating
regular scheduled preventative maintenance into operations;
4.
Maintaining
spill prevention and control procedures;
5.
Implementing
soil erosion control;
6.
Posting
on-site private storm drains to indicate that they are not to receive
liquid, solid wastes or pollutants;
7.
Implementing
regular cleaning of the on-site private storm drain system;
8.
Ensuring
that stormwater runoff is directed away from operating, processing,
fueling, cleaning and storage areas;
9.
Remove
trash, debris, and free-standing oil/grease, spill/leaks from sidewalks
and hard surfaces; and
10.
Sidewalk washing should be performed using high pressure, low-volume
spray washing using only potable water with no cleaning agents at
an average usage of 0.006 gallons per square feet of sidewalk area.
(14-05; 22-01)
A.
Public
Facility Sources Required to Obtain a NPDES Permit. Any public facility
required to have a NPDES permit shall retain on site and, upon request,
make immediately available to the Director the following documents
as evidence of compliance with permit requirements, as applicable:
1.
A
copy of an NPDES permit or notice of intent to comply with a general
permit to discharge stormwater associated with industrial or construction
activity as submitted to the State Board or report of waste discharge
submitted to a Regional Board of jurisdiction;
2.
A
waste discharge identification number issued by the State Board or
copy of the NPDES permit issued by a Regional Board;
3.
A
SWPPP and a monitoring program plan or group monitoring plan;
4.
Stormwater
quality data;
5.
Evidence
of facility self-inspection; or
6.
If
applicable, evidence that the facility has filed a Notice of Non-Applicability
(NONA) or applicable waiver issued by the Los Angeles Water Board
or State Water Board pertaining to stormwater discharges.
(14-05; 22-01)
A.
Stormwater
and Runoff Pollution Mitigation for Construction Activity. No person
shall commence any construction activity for which a permit is required
by this chapter or any law or regulation without implementing all
stormwater and runoff pollution mitigation measures required by such
permit(s), law, regulation, or this chapter. In addition to any other
requirements set forth in this chapter, prior to obtaining a grading
or building permit, each operator of any construction activity shall
submit evidence to the Director that all applicable permits have been
obtained, including but not limited to the General Construction Activities
Storm Water Permit and State Water Board 401 Water Quality Certification.
B.
No grading
permit shall be issued for any development with a disturbed area of
one acre or greater or which is part of a larger common plan of development
unless the applicant can show that: (1) a notice of intent to comply
with the State Construction Activity Storm Water Permit has been filed;
(2) a Storm Water Pollution Prevention Plan (SWPPP) has been prepared;
and (3) a post-construction SWPPP meeting the low-impact development
standards in Chapter 8.28.041.
C.
Prior
to obtaining a grading or building permit, each operator of any construction
site less than one acre shall cause to be prepared and submitted to
the City a plan to: control erosion and sediment, prevent erosion,
sediment loss, and the discharge of construction wastes.
D.
The
following minimum set of BMPs shall apply to all construction sites:
1.
Site
management – housekeeping;
2.
Erosion
controls – scheduling and preservation of existing vegetation;
3.
Sediment
controls – perimeter controls and stabilized construction site
entrance/exit;
4.
Non-stormwater
management – water conservation practices and dewatering operations;
5.
Waste
management – material delivery and storage; stockpile management;
solid waste management; concrete waste management; and sanitary/septic
waste management.
E.
The
following minimum BMPs are required for both private or public roadway
paving or repair operations:
1.
Restrict
paving and repaving activities to exclude periods of rainfall or predicted
rainfall unless required by emergency conditions.
2.
Install
gravel bags and filter fabric or other equivalent inlet protection
at all susceptible storm drain inlets and at manholes to prevent spills
of paving products and tack coat.
3.
Prevent
the discharge of release of agents including soybean oil, other oils,
or diesel to the asphalt.
4.
Minimize
non-stormwater runoff from water use for roller equipment and for
evaporative cooling of the asphalt.
5.
Clean
equipment over absorbent pads, drip pans, plastic sheeting or other
materials to capture all spillage and dispose properly.
6.
Collect
liquid waste in a container, with a secure lid, for transport to a
maintenance facility to be reused, recycled, or disposed of properly.
7.
Collect
solid waste by vacuuming or sweeping and securing in an appropriate
container for transport to a maintenance facility to be reused, recycled,
or disposed of properly.
8.
Cover
"cold-mix" asphalt with protective sheeting during a rainstorm.
9.
Cover
loads with tarp before haul-off to a storage site, and do not overload
trucks.
10.
Minimize airborne dust by using water spray or other approved dust
suppressant during grinding.
11.
Avoid stockpiling soil, sand, sediment, asphalt material and asphalt
grindings materials or rubble in or near stormwater drainage systems
or receiving waters.
12.
Protect stockpiles with a cover or sediment barriers during rain.
(14-05; 22-01)
A.
Prior
to construction of a development equal to or greater than 300 square
feet, new development/redevelopment project (as defined in this chapter)
such project shall be evaluated by the City for its potential to discharge
pollutants to the storm drain system or to receiving waters based
on its intended land use. Such evaluation shall be conducted in accordance
with development planning requirements established by the Regional
Board or its Executive Officer, pursuant to the municipal NPDES permit.
No discretionary permit may be issued for any construction or development
project until the Director finds that the project plans comply with
the LID/SUSMP requirements set forth in the permit and in this chapter.
B.
Once
a project has been evaluated for its potential to discharge pollutants
to the storm drain system or receiving waters, the City shall require
appropriate BMPs to be implemented during construction and following
project completion. The prescription of BMPs shall be in keeping with
the Low Impact Development design standards pursuant to the municipal
NPDES permit and this chapter.
(14-05; 22-01)
A.
The
provisions of this section contain requirements for construction activities
meeting the sizing thresholds of this chapter and new development
/redevelopment projects to ensure that they comply with current "municipal
NPDES permit" and the provisions of this chapter to lessen the water
quality impacts of development by using smart growth practices, and
integrate LID design principles to mimic predevelopment hydrology
through infiltration, evapotranspiration and rainfall harvest and
use. LID shall be inclusive of SUSMP requirements.
B.
This
section contains requirements for stormwater pollution control measures
in development and redevelopment projects and authorizes the City
of Claremont to further define and adopt stormwater pollution control
measures, develop LID principles and requirements, including, but
not limited to, the objectives and specifications for integration
of LID strategies, alternative compliance for technical infeasibility
from the requirements of the on-site retention requirements, and collect
funds for projects that are granted alternative compliance for technical
infeasibility. Except as otherwise provided herein, the City of Claremont
shall administer, implement, and enforce the provisions of this section.
C.
The
following development and redevelopment projects, termed "planning
priority projects," shall comply with the requirements of this section:
1.
New
development projects that are in any of the following categories:
a.
Projects equal to one acre or greater of disturbed area and adding
more than 10,000 square feet or more of impervious surface area (collectively
over the entire project site).
b.
Industrial parks of 10,000 square feet or more of surface area.
c.
Commercial malls of 10,000 square feet or more of surface area.
2.
Redevelopment
projects that create and/or replace 5,000 square feet or more of impervious
surfaces (collectively over the entire project site) on any of the
following:
3.
New
development and redevelopment projects that create and/or replace
5,000 square feet or more of impervious surfaces (collectively over
the entire project site) and include one or more of the following
uses:
4.
New
development and redevelopment projects that create and/or replace
2,500 square feet or more of impervious area; discharge stormwater
that is likely to impact a sensitive biological species or habitat;
and are located in or directly adjacent to or are discharging to an
ASBS, Sensitive Ecological Area in Los Angeles County.
5.
Street
and road construction of 10,000 square feet or more of impervious
surface area, in addition to complying with the requirements of this
section, shall also follow the City's Green Streets Policy (available
on the City's website). Street and road construction applies to standalone
streets, roads, highways, and freeway projects. Temporary access roads
are not subject to this requirement.
D.
The
following construction projects are subject to the stormwater runoff
mitigation requirements in this chapter:
1.
The
project will be built on a currently vacant and/or undeveloped parcel.
2.
Projects
that add and/or replace 50 percent of any impervious surface area
with a total square footage of 300 square or greater.
3.
Projects
that will create a new detached structure that is 300 square feet
in floor area or greater.
4.
The
project is located in or within 200 feet of an environmentally sensitive
area.
E.
The
following considerations are applicable to redevelopment projects:
1.
Where
redevelopment results in an alteration of more than 50 percent of
impervious surfaces of a previously existing development the entire
project must be mitigated.
2.
Where
redevelopment results in an alteration of less than 50 percent of
impervious surfaces of a previously existing development, only the
alteration must be mitigated, and not the entire development.
3.
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.
F.
Stormwater
Pollution Control Requirements. Every applicable project shall be
designed to control pollutants, pollutant loads, and runoff volume
to the maximum extent feasible by minimizing impervious surface area
and controlling runoff from impervious surfaces through infiltration,
evapotranspiration, bioretention and/or rainfall harvest and use.
1.
Projects
that add and/or replace 300 square feet or more impervious surface
shall complete the City of Claremont's low impact development worksheet
(available on the City's website) and retain the 85th percentile 24-hour
runoff event volume (as calculated on the worksheet).
2.
Projects
adding or replacing impervious surfaces greater than 300 square feet
in area, but not meeting the planning priority project thresholds,
shall complete the City of Claremont's LID worksheet (available on
the City's website) and prepare a site-specific plan to address post-construction
design, source and/or treatment control measures to mitigate specific
stormwater pollutants where one or more of the following project characteristics
exist:
a.
Vehicle or equipment fueling;
b.
Vehicle or equipment maintenance areas, including washing and repair;
c.
Commercial or industrial waste handling or storage;
d.
Outdoor handling or storage of hazardous materials;
e.
Outdoor manufacturing areas;
f.
Outdoor food handling or processing;
g.
Outdoor animal care, confinement, or slaughter; or
h.
Outdoor horticultural activities.
3.
New
single-family homes in the Hillside District or other new residential
development on any property with greater than seven percent average
slope, shall include mitigation measures to do the following:
a.
Retain the 85th percentile 24-hour runoff event volume;
b.
Conserve natural areas;
c.
Protect slopes and channels;
d.
Provide storm drain system stenciling and signage;
e.
Divert roof runoff to vegetated areas before discharge unless the
diversion would result in slope erosion or soil saturation that may
lead to instability; and
f.
Direct surface flow to vegetated areas before discharge, unless the
diversion would result in slope erosion or soil saturation that may
lead to instability.
4.
Street
and road construction of 10,000 square feet or more of impervious
surface shall be in accordance with the City of Claremont's green
street policy and the USEPA guidance regarding Managing Wet Weather
with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009)
to the maximum extent practicable.
5.
The
remainder of planning priority projects shall prepare a LID Plan to
comply with the following:
a.
Retain and infiltrate stormwater runoff on site for the Stormwater
Quality Design Volume (SWQDv) defined as the runoff from the 85th
percentile 24-hour runoff event; or bioretention and/or rainfall harvest
and use of the SWQDv. If partial or complete on-site retention is
technically infeasible, the project site may biofiltrate 1.5 times
the portion of the remaining SWQDv that is not reliably retained on
site. biofiltration BMPs must adhere to the design specifications
provided in the Los Angeles County LID Manual.
b.
Additional alternative compliance options such as off-site infiltration
may be available to the project site. The project site should contact
the City of Claremont to determine eligibility.
6.
The
remaining SWQDv that cannot be retained or biofiltered on site must
be treated on site to reduce pollutant loading. BMPs must be selected
and designed to meet pollutant-specific benchmarks as required per
the municipal NPDES permit. Flow-through BMPs may be used to treat
the remaining SWQDv and must be sized based on a rainfall intensity:
G.
A multi-phased
project shall comply with the standards and requirements of this section
for all of its phases by: (1) designing a system acceptable to the
City of Claremont to satisfy these standards and requirements for
the entire Site during the first phase; and (2) implementing these
standards and requirements for each phase of development or redevelopment
of the site during the first phase or prior to commencement of construction
of a later phase, to the extent necessary to treat the stormwater
from such later phase. For purposes of this section, "multi-phased
project" shall mean any planning priority project implemented over
more than one phase and the site of a multi-phased project shall include
any land and water area designed and used to store, treat, or manage
stormwater runoff in connection with the development or redevelopment,
including any tracts, lots, or parcels of real property, whether developed
or not, associated with, functionally connected to, or under common
ownership or control with such development or redevelopment.
H.
Hydromodification
Management Requirements. Planning priority projects located within
natural drainage systems shall implement hydrological control measures
to prevent accelerated downstream erosion and protect stream habitat.
1.
Natural
drainage systems that are subject to the hydromodification assessments
and control include all drainages that have not been modified using
engineering controls or drainages that are tributary to a natural
drainage system. Examples of engineering modifications to a drainage
include channelization, armoring with concrete, and application of
rip-rap.
2.
At
the City of Claremont's discretion, the following new development
and redevelopment projects may be exempted from implementation of
hydromodification controls where it has been documented that adverse
hydromodification effects to natural drainage systems are unlikely:
a.
Projects consisting of replacement, maintenance, or repair of an
existing flood control facility, storm drain, or transportation network.
b.
Redevelopment projects in the urban core that do not increase the
effective impervious area or decrease the infiltration capacity of
pervious areas compared to pre-project conditions.
c.
Projects that have any increased discharge directly or via a storm
drain to a sump, lake, into a waterway that has a 100-year peak flow
(Q100) of 25,000 cubic feet per second or more, or other receiving
water that is not susceptible to hydromodification impacts.
d.
Projects that discharge directly or via a storm drain into concrete
or otherwise engineered channels, which in turn, discharge into a
receiving water that is not susceptible to hydromodification impacts.
e.
LID BMPs implemented on single-family homes are sufficient to comply
with the hydromodification criteria.
3.
Projects
disturbing an area less than or equal to one acre shall implement
the LID control standards in subsection (F)(5) of this section.
4.
Projects
disturbing an area greater than 1 acre, but less than 50 acres will
be presumed to meet predevelopment hydrology if one of the following
demonstrations are made:
a.
The project is designed to retain on site the runoff of the 95th
percentile 24-hour storm; or
b.
The runoff flow rate, volume, velocity, and duration of the post-development
condition does not exceed the pre-development condition for the two-year,
24-hour storm event; or
c.
The erosion potential (Ep) in the receiving water is approximately
one. Ep shall be determined in accordance with the NPDES permit.
5.
Projects
disturbing 50 acres or more will be presumed to meet pre-development
hydrology based on the successful demonstration of one of the following
conditions:
a.
The project site infiltrates on-site runoff from a two-year, 24-hour
storm event; or
b.
The runoff flow rate, volume, velocity, and duration for the post-development
condition does not exceed the pre-development condition for the two-year,
24-hour storm event. These conditions must be substantiated by hydrologic
modeling.
I.
All
City of Claremont departments engaged in capital improvement projects
or construction projects shall establish administrative procedures
necessary to implement the provisions of this article on their development
and redevelopment projects and report their activities annually to
the Director of Community Development.
J.
Certification.
As a condition for issuing a certificate of occupancy for a new development
or redevelopment project the Director, shall require the applicant,
facility operator(s) and/or owner(s), as appropriate, to construct
and/or employ all stormwater control BMPs identified in the approved
Low Impact Development Plan documents and/or Low Impact Development
Worksheet and submit a signed certification state that the project
site and all BMPs will be employed and maintained in compliance with
the City's LID ordinance and other applicable regulatory requirements
until the responsibility for such maintenance is legally transferred.
K.
Project
applicants shall certify annually that all BMPs identified in the
approved Low Impact Development Plan documents and/or Low Impact Development
Worksheet have been inspected and maintained, in accordance with the
approved BMP maintenance plan and/or manufacturer's specifications.
This certification shall be submitted to the City Engineer by September
30th annually.
L.
The
City of Claremont shall inspect planning priority projects once every
two years after project completion of approved post-construction BMPs
to assess operation conditions for post-construction treatment control
and hydromodification control BMP repair, replacement, or re-vegetation.
M.
Fees.
City Council may establish fees for services provided under this chapter,
as authorized under Section 66016 and 66018 of the California Government
Code.
(14-05; 22-01)
A.
Enforcement—Director's
Powers and Duties. The Director shall have primary responsibility
for the enforcement of the regulations in this chapter. The Director
may enter into agreements with, and/or otherwise delegate its authority
to, other departments for the purpose of implementing this chapter.
B.
Identification
for inspectors and maintenance personnel. The Director shall provide
means of identification to inspectors and storm drain system maintenance
personnel which shall identify them as such. Inspectors and storm
drain system maintenance personnel shall identify themselves upon
request in the performance of their duties under this chapter.
C.
Obstructing
Access to Facilities Prohibited. No object, whether a permanent structure,
a temporary structure, or any object which is difficult to remove,
shall be located on any storm drain easement or placed in such a position
as to interfere with the ready and easy access to any facility conveying
stormwater or runoff as described in this chapter unless authority
is granted by the Director. Upon notification by the Director, any
such obstruction shall be immediately removed by the responsible party
at no expense to the City, and shall not be replaced.
D.
Inspection
to Ascertain Compliance—Access Required.
1.
The
Director may inspect in a manner authorized by law, as often as he
or she deems necessary, any publicly or privately owned storm drain,
storm drain connection, street, gutter, yard, plant, storage facility,
building, BMP, NPDES permit, SWPPP, stormwater management plan, construction
activity, or other facility to ascertain whether such facilities,
plans, or protective measures are in place, maintained, and operated
in accordance with the provisions of this chapter.
2.
In
the course of such inspection, the Director may do the following:
a.
Inspect, sample, make flow measurements of any runoff, discharge,
or threatened discharge;
b.
Place on the premises devices for runoff or discharge sampling, monitoring,
flow measuring, or metering;
c.
Inspect, copy, or examine any records, reports, plans, test results,
or other information required to carry out the provisions of this
chapter, to the extent allowed by law; and
d.
Photograph any materials, storage areas, waste, waste containers,
BMP, vehicle, connection, discharge, runoff and/or violation discovered
during an inspection.
E.
Interference
with Inspector Prohibited. No person shall, during reasonable hours,
refuse, restrict, resist, or attempt to resist the entrance of the
Director into any building, factory, plant, yard, construction project
or other place, or portions thereof in the performance of his or her
duty within the powers conferred upon him or her by law.
F.
Notice to Correct Violations. Director may issue a notice of violation and order to comply to achieve compliance with the provisions of this chapter. Failure to comply with the terms and conditions for a notice of violation and order to comply shall constitute a violation of this chapter. If a person fails to comply with an order issued under this section to remove an illicit connection, obstruction or other encroachment to the storm drain system, the Director may perform the work as provided in subsection H of this section. The person responsible for installing or operating such a facility shall be liable to the City for the cost of such work, including reasonable attorney's fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.
G.
Violation
a Public Nuisance. Any discharge in violation of this chapter, any
illicit connection, and/or any violation of runoff management requirements
shall constitute a threat to public health and safety and is declared
and deemed a public nuisance.
H.
Nuisance
Abatement Costs. Whenever a nuisance shall be found to exist on any
premises, the Director may summarily abate such nuisance upon determination
that the nuisance constitutes an immediate threat to public health
or safety, or the Director may notify in writing the person(s) having
control of or acting as agent for such premises to abate or remove
such nuisance within such time as is stated on the notice. Upon the
failure or refusal of such person(s) to comply with the notice, the
Director may abate or remove such nuisance in the manner provided
by this chapter, shall be liable to the City for any costs incurred
by the City for such abatement, including reasonable attorney's fees
and other costs of enforcement, to be recovered in a civil action
in any court of competent jurisdiction.
I.
Violation—Penalty.
Any person violating any provision of this chapter shall be guilty
of a misdemeanor. Such violation shall be punishable by a fine of
not more than $1,000.00 or by imprisonment in the County Jail for
a period not to exceed six months. Each day during any portion of
which such violation is committed, continued, or permitted shall constitute
a separate offense and shall be punishable as such.
J.
Penalties
Not Exclusive. Penalties under this chapter are in addition to, and
do not supersede or limit, any and all other penalties or remedies
provided by law.
K.
Conflicts
With Other Code Sections. The provisions of this chapter shall control
over any inconsistent or conflicting provisions of this Code.
L.
Severability.
If any portion of this chapter or the application thereof to any person
or circumstance is held invalid, the remainder of this chapter, and
the application of such provisions to other persons or circumstances,
shall not be affected thereby.
(14-05; 21-06; 22-01)
