Note: Prior ordinance history: Ords. 1918 and 1972.
This chapter is intended to protect public health, safety, and
welfare by:
(a)
Regulating
non-stormwater discharge to municipal separate storm sewer systems
("MS4");
(b)
Controlling
spillage, dumping or disposal of materials and pollutants into the
storm drain system;
(c)
Reducing
pollutants in stormwater and urban runoff to the maximum extent practicable
in order to achieve water quality standards and receiving water limitations
as required under applicable law;
(d)
Eliminating
illicit connections and illicit discharges to the MS4;
(e)
Controlling
the contribution of pollutants from the MS4 through interagency coordination;
and
(f)
Providing
the city with sufficient authority to implement and enforce the requirements
of applicable law; to control discharges to and from those portions
of the MS4 over which it has jurisdiction; and to hold dischargers
to the MS4 accountable for violating applicable law.
(Ord. 2100 § 2, 2013)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this chapter. Words and phrases not defined by this
chapter will have the meanings stated in the municipal NPDES permit;
the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et
seq.); regulations implementing the National Pollutant Discharge Elimination
System, Clean Water Act Section 402 (e.g., 40 CFR Parts 122, 123,
and 124); California Water Code Section 13050; and any successor statutes
or regulations. If the definition of any term contained in this chapter
conflicts with the definition of the same term in the current version
of the municipal NPDES permit, then the definition contained in the
municipal NPDES permit governs.
means the public works director, or designee.
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.
means any building 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.
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 an area altered as a result of clearing, grading and/or
excavation of earth.
means any action taken to correct a code violation.
includes all of the following:
Actual cost of preparing notices, correspondence, specifications,
and contracts;
Personnel costs incurred for property inspections. Such costs
will be calculated at an hourly rate based on a schedule established
by city council resolution;
The cost of printing and mailing;
Costs related to inspection warrants;
Costs related to office hearings and administrative adjudications;
Attorneys' fees expended in enforcement actions including, without
limitation, any action to recover enforcement costs pursuant to this
chapter;
All costs or expenses for which the city may be liable under
state law arising from or related to an enforcement action;
All costs or expenses to which the city may be entitled pursuant
to California law.
means any official or employee responsible for implementing
or assisting with enforcement actions.
means State Water Resources Control Board Order No. 2009-0009-DWQ,
NPDES General Permit No. CAS000002, "Waste Discharge Requirements
for Discharges of Stormwater Runoff Associated with Construction and
Land Disturbance." Any subsequently adopted permit is included with
this definition.
means State Water Resources Control Board Order No. 97-03-DWQ,
NPDES General Permit No. CAS000001, "Waste Discharge Requirements
for Discharges of Storm Water Associated With Industrial Activities
Excluding Construction Activities." Any subsequently adopted permit
is included with this definition.
means any artificial conveyance that is connected to the
MS4 without a permit, excluding roof drains and other similar type
connections. Examples include, without limitation, channels, pipelines,
conduits, inlets, or outlets that are connected directly to the MS4.
means any discharge into the MS4, or from the MS4 into a
receiving water, that is prohibited under local, state, or federal
statutes, ordinances, codes, regulations, or permits. The term illicit
discharge includes any non-stormwater discharge except those non-stormwater
discharges specifically authorized to enter or exit the MS4 under
the municipal NPDES permit.
means 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" (Order No. R4-2012-0175), NPDES Permit No.
CAS004001, effective December 28, 2012, issued by the California Regional
Water Quality Control Board— Los Angeles Region, as amended,
and any successor permit.
means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, alleys, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains), owned by the
city, that is designed or used for collecting or conveying runoff
water. This excludes those systems, or system parts designated as
sanitary sewers, combined sewers, or publicly owned wastewater treatment
works.
means any discharge into the MS4 or from the MS4 into a receiving
water that is not composed entirely of stormwater.
means the date on or after which enforcement personnel conducts
an inspection to verify correction of a code violation.
means a responsible party who violates an identical code
provision in a twelve-month period after a previous code violation.
means a person or persons responsible for a code violation
as specified in the code.
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 any schedule of activities, prohibitions or 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 structural facility designed and constructed to
mitigate the adverse impacts of stormwater and urban runoff pollution
(e.g., canopy, structural enclosure). The category may include both
treatment control BMPs and source control BMPs.
(Ord. 2100 § 2, 2013)
The following activities are unlawful:
(a)
To
allow, contribute to, or otherwise assist in discharge of non-stormwater
runoff from private or public property to or through the MS4 unless
such discharge complies with the municipal NPDES permit or is authorized
by a separate NPDES permit or fully complies with a SWPPP. Examples
include, without limitation:
(1)
To discharge untreated wastewater to the MS4 when gas stations, auto
repair garages, or other types of automotive service facilities are
cleaned.
(2)
To discharge untreated wastewater to the MS4 from mobile auto washing,
steam cleaning, mobile carpet cleaning, and other such mobile commercial
and industrial operations.
(3)
To discharge to the MS4 from areas where machinery and equipment,
including motor vehicles, which are visibly leaking oil, fluid or
antifreeze are repaired.
(4)
To discharge untreated runoff to the MS4 from storage areas of materials
containing grease, oil or other hazardous substances, and uncovered
receptacles containing hazardous materials.
(5)
To discharge commercial/municipal swimming pool filter backwash to
the MS4.
(6)
To discharge untreated runoff from the washing of toxic materials
from paved and unpaved areas to the MS4.
(7)
To discharge wastewater into the MS4 resulting from washing of impervious
surfaces in industrial/commercial areas without controlling such discharge
to the maximum extent practicable unless specifically required by
applicable law.
(8)
To discharge untreated runoff to the MS4 from washing out concrete
trucks.
(9)
Disposal of leaves, dirt or other landscape debris into a storm drain.
(10)
To discharge to the MS4 any pesticides, fungicides, or herbicide
banned by applicable law.
(11)
To dispose of hazardous wastes into trash containers for municipal
trash disposal resulting in a discharge to the MS4.
(12)
Intentional disposal into a MS4 of green waste debris such as landscaping
clips, grass, tree branches, and other vegetal materials.
(13)
Throwing, depositing, placing, leaving, maintaining, or permitting
to be thrown, deposited, or placed, 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, or upon any public or private
plot of land in the city, so that the same might become a pollutant,
except in containers, recycling bags, or other lawfully established
waste disposal facilities.
(b)
To
spill, dump, dispose or place any material other than stormwater runoff
into the MS4.
(c)
To
allow outdoor storage of unsealed containers of building materials
such as dirt, wood and wood products, mineral aggregates, liquids,
and other building materials containing hazardous materials in areas
susceptible to runoff.
(d)
To
construct or use an illicit connection whether the connection is used
intentionally or unintentionally. In addition to any other civil or
criminal penalty, illicit connections must be removed at the expense
of the user.
(e)
To
place objects such as vehicle parts containing grease, oil or other
hazardous substances, and unsealed receptacles containing hazardous
materials in areas susceptible to runoff.
(Ord. 2100 § 2, 2013)
(a)
Industrial
and commercial motor vehicle parking lots with more than twenty-five
spaces that are located in areas exposed to stormwater must be regularly
swept, or other equally effective measures taken, to remove debris.
(b)
Machinery
and equipment that are to be repaired or maintained must be placed
such that leaks and other maintenance related pollutants are not discharged
to the MS4.
(c)
In
areas exposed to stormwater, all fuels, chemicals, fuel and chemical
wastes, animal wastes, garbage, batteries, and other materials that
may have potential adverse impacts on water quality must be removed
and disposed of lawfully.
(d)
Maintenance
of vehicles and equipment in an uncovered outdoor area must be performed
on a pad of absorbent material to contain leaks, spills or discharges.
(e)
Fuel
and chemical residue or other types of potentially harmful material,
such as animal waste, and refuse, which is located in areas susceptible
to runoff, must be removed immediately and disposed of properly.
(f)
Persons
owning or operating facilities subject to best management practices;
standard urban stormwater mitigation plans (SUSMP); or low impact
development (LID) plan requirements must comply with such requirements
including obtaining all necessary permits. Should the authorized enforcement
officer find that this chapter is more stringent than such BMPs, SUSMP
or LID plan, the authorized enforcement officer may waive the requirements
of this chapter for good cause shown.
(g)
All
structural BMPs must be properly operated and maintained in accordance
with product specifications and site characteristics to maintain effectiveness
in reducing the discharge of pollutants. Documentation of proper structural
BMP operation and maintenance activities must be retained on-site
at all times, and made available upon request by an authorized enforcement
officer.
(Ord. 2100 § 2, 2013)
(a)
Any
person or business engaging in construction activity that requires
an NPDES Construction General Permit (CGP) must obtain that permit
from the State Water Resources Control Board and demonstrate possession
of such permit before the city issues grading and/or building permits.
The permit must be retained on-site and must be shown to the authorized
enforcement officer upon request.
(b)
For
developments with a disturbed area of land one acre or greater, the
applicant must demonstrate to the enforcement officer's satisfaction
that a notice of intent to comply with the Construction General Permit
has been filed and a Stormwater Pollution Prevention Plan (SWPPP)
has been prepared before issuance of a grading permit.
(c)
When
any development project is being evaluated for its potential to discharge
pollutants through the MS4, the city may require BMPs to be implemented
during construction and post construction to prevent or reduce the
discharge of pollutants and as necessary to achieve compliance with
the municipal NPDES permit and any provision of this code.
(d)
The
following BMPs apply to all development in the city at the time of
demolition of an existing structure or commencement of new construction
and must remain in place until the city issues a certificate of occupancy:
(1)
Runoff, sediment and construction debris cannot leave the site and
enter the MS4.
(2)
Any sediment or other materials which are tracked off-site must be
removed the same day as they are tracked off-site. Where determined
necessary by the authorized enforcement officer, a temporary sediment
barrier must be installed.
(3)
Drainage controls to prevent runoff from leaving the site must be
utilized as needed, depending on the topography of the site and extent
of proposed grading. These controls may include, without limitation,
the following: detention ponds, sediment ponds or infiltration pits;
dikes, filter berms or ditches; and downdrains, chutes or flumes.
(4)
Plastic covering may be utilized to prevent erosion of an otherwise
unprotected area, along with runoff devices to intercept and safely
convey the runoff.
(5)
Excavated soil must be located on the site in a manner that eliminates
the possibility of sediments running off-site. Soil piles must be
covered until the soil is either used or removed.
(6)
Runoff from washing construction or other industrial vehicles on-site
cannot leave the site or enter the MS4.
(7)
The city may set reasonable limits on the clearing of vegetation
from construction sites including, without limitation, regulating
the length of time during which soil may be bare and, in certain sensitive
cases, prohibit bare soil.
(Ord. 2100 § 2, 2013)
(a)
It
is unlawful to conduct any industrial activity within the city without
a valid permit issued under applicable law. The Industrial General
Permit must be retained on-site and shown to the authorized enforcement
officer upon request.
(b)
Industrial
facility operators subject to the Industrial General Permit must prepare
and submit to the State Water Resources Control Board a Stormwater
Pollution Prevention Plan (SWPPP) that incorporates BMPs in accordance
with the latest guidelines promulgated by the State Water Resources
Control Board.
(c)
When
any industrial facility is being evaluated for its potential to discharge
pollutants through the MS4, the city may require appropriate BMPs
to be implemented to prevent or reduce the discharge of pollutants
and as necessary to achieve compliance with the municipal NPDES permit
and any provision of this code.
(Ord. 2100 § 2, 2013)
Fees imposed to administer this chapter will be set by city
council resolution.
(Ord. 2100 § 2, 2013)
(a)
The
authorized enforcement officer may enforce this chapter in accordance
with this code. Such authority includes, without limitation, the following:
(1)
Regular inspections of commercial and industrial properties open
to the public or otherwise open to inspection by applicable law.
(2)
Upon consent from owner or occupant, or upon obtaining an inspection
warrant, entering buildings or premises at all reasonable times to
enforce this chapter.
(3)
Establish such devices as required to conduct sampling or monitoring
activities necessary to determining the concentrations of pollutants
in stormwater and/or non-stormwater runoff.
(4)
Take any samples deemed necessary to enforce this chapter.
(b)
The
authorized enforcement officer may require that any person engaged
in any activity and/or owning or operating any property that might
violate this chapter undertake monitoring activities and/or analyses
and furnish such reports as the authorized enforcement officer may
specify to ensure compliance with applicable law. The cost of such
monitoring must be borne by the property owner or designee.
(Ord. 2100 § 2, 2013)
(a)
In
addition to the remedies set forth in this chapter, violations of
this chapter may be enforced as follows:
(b)
The
remedies provided by this chapter are cumulative and in addition to
any other criminal or civil remedies.
(Ord. 2100 § 2, 2013)
(a)
The
city may recover its enforcement costs for enforcing this chapter.
(b)
The
city manager, or designee, will account for and maintain records of
all enforcement costs associated with enforcement actions. Computing
enforcement costs will be based upon records kept for each separate
enforcement action.
(c)
Except
as otherwise provided, computing enforcement costs will commence from
the reinspection date through the date that all code violations are
corrected except that enforcement costs for repeat offenders will
be calculated from the time that enforcement personnel determines
that a code violation exists. Should a repeat offender be responsible
for both identical code violations and new code violations, the city
will calculate enforcement costs from the time that enforcement personnel
determines that a code violation exists.
(d)
After
enforcement personnel verifies that all code violations are corrected,
the enforcement personnel will send an enforcement cost summary to
the responsible party. Unless a timely appeal is filed in accordance
with this chapter, the enforcement cost summary will be deemed final
and accurate.
(Ord. 2100 § 2, 2013)
After investigating allegations regarding violations of this
chapter, and determining that a code violation exists, enforcement
personnel will notify the responsible party in writing of the following:
(a)
Existence
of the code violation;
(b)
The
reinspection date;
(c)
That
the city will charge the responsible party for enforcement costs associated
with the enforcement action should the code violations not be remedied
by the reinspection date; and
(d)
That
the responsible party may appeal the enforcement costs assessed by
this chapter.
(Ord. 2100 § 2, 2013)
After investigating allegations that a responsible party is
responsible for more than one, identical, code violation in a twelve-month
period, as measured from the reinspection date of the previous violation,
the enforcement personnel will notify the responsible party in writing
of the following:
(a)
The
existence of the repeated code violation;
(b)
The
reinspection date;
(c)
That
the city will charge the responsible party for enforcement costs associated
with the enforcement action commencing on the date of notice; and
(d)
That
the responsible party may appeal the enforcement costs assessed by
this chapter.
(Ord. 2100 § 2, 2013)
(a)
Should
the code violation continue as of the reinspection date, or if the
responsible party is a repeat offender, the enforcement personnel
will take all legal measures needed to gain compliance.
(b)
After
all code violations are corrected, the enforcement personnel will
notify the responsible party in writing of the total enforcement costs
the city incurred.
(c)
The
notice regarding enforcement costs will provide:
(1)
A written summary of enforcement costs that are chargeable to the
responsible party;
(2)
Will require the responsible party to pay the enforcement costs within
thirty days of the notification date; and
(3)
Will advise the responsible party of the right to appeal the enforcement
costs, provided that an appeal is filed within ten working days of
the date of mailing or personal delivery of the written notice.
(Ord. 2100 § 2, 2013)
Enforcement costs will be charged in those instances where the
responsible party fails to correct the code violations by the reinspection
date or, for repeat offenders, will be charged from the date that
enforcement personnel determines that an identical code violation
exists in a twelve-month period. However, if a court of competent
jurisdiction dismisses an enforcement action or subsequently finds
the responsible party innocent of all alleged code violations, no
enforcement costs will be charged to such party.
(Ord. 2100 § 2, 2013)
The procedures prescribed in this chapter must only be followed
if the city is to recover enforcement costs in an enforcement action.
The recovery of enforcement costs will be in addition to any fines
or penalties that may be imposed under this code or by court order.
(Ord. 2100 § 2, 2013)
All enforcement costs will be paid to the city. All payments
will be due and payable within thirty days of the date of the cost
summary notice or, if a timely appeal is filed, within thirty days
of the date of the city manager, or designee's, decision. Should a
responsible party fail to pay all enforcement costs for which it has
been charged within the time prescribed herein, the city may effect
payment through a collection agency or through any other legal means
at its disposal.
(Ord. 2100 § 2, 2013)
Any responsible party may appeal the enforcement costs to the
city manager, or designee, as follows:
(a)
An
appeal contesting the proposed enforcement costs will be filed with
the city clerk within ten days of the date that the cost summary notice
was mailed or personally delivered to the responsible party. Any such
filing must be accompanied by an advance deposit of the enforcement
costs or a request for a hardship waiver.
(b)
Within
thirty days of the filing of the appeal, and on ten days written notice
to the responsible party, the city manager, or designee, will hold
a hearing on the objections to determine the validity of the enforcement
costs.
(c)
In
determining the validity of the enforcement costs, the city manager,
or designee, will consider all relevant information pertaining to
whether the enforcement costs are reasonable in the circumstances
of the case. Factors to be considered include, without limitation,
the following:
(1)
Whether the responsible party created the violation;
(2)
Whether there was or is an ability to correct the violation;
(3)
Whether the responsible party moved promptly to correct the violation;
(4)
The degree of cooperation provided by the responsible party; and
(5)
Whether reasonable minds could differ as to whether a violation existed.
(d)
At
the time of the hearing, the city manager, or designee, may uphold,
reverse, or modify the amount of enforcement costs chargeable to the
responsible party. The responsible party will receive written notice
of the decision. The decision is final and conclusive. The appellant
will have no right to a city council appeal.
(Ord. 2100 § 2, 2013)
(a)
Responsible
parties, who are financially unable to make an advance deposit of
the enforcement costs, may file for a hardship waiver. The request
for a hardship waiver must be filed with the city clerk on a form
containing information that may be required by the city. The city
manager, or designee, will review the request and determine whether
a waiver is justified. A waiver may only be approved if the request
for waiver is accompanied by a sworn affidavit, together with any
supporting documents or materials, demonstrating the responsible party's
actual financial inability to deposit the full amount of the enforcement
costs.
(b)
The
city manager, or designee, will inform the responsible party in writing
regarding whether the waiver was approved. This determination will
be served upon the responsible party by mail at the address provided
in the waiver application. This determination is final.
(c)
Should
the city manager, or designee, determine that a waiver is unjustified,
the responsible party will deposit the enforcement cost amount with
the city not later than ten days after the date of that decision.
Failure to make a deposit within ten days after waiver denial will
be deemed a waiver of the responsible party's right to an administrative
hearing and the enforcement costs will be deemed delinquent.
(Ord. 2100 § 2, 2013)
(a)
Should
the city manager, or designee, uphold the amount of enforcement costs,
then the city will retain the deposited enforcement costs.
(b)
Should
the city manager, or designee, reverse the amount of enforcement costs,
then the city will promptly refund the amount of the deposited enforcement
costs, if any.
(c)
Should
the city manager, or designee, modify the amount of enforcement costs,
then the city will promptly refund the difference between the amount
of the deposited enforcement costs, if any, and the amount of the
approved enforcement costs.
(d)
Should
the city manager, or designee, uphold the amount of enforcement costs
and a hardship waiver was previously granted, the due date for paying
the enforcement costs will be thirty days from the date of the notice
of the administrator's decision.
(Ord. 2100 § 2, 2013)
(a)
A
responsible party may appeal the city manager's, or designee's, decision
by filing an appeal with the Superior Court in accordance with California
Code of Civil Procedure Section 1094.6, or any successor statute,
within twenty days from service of the decision.
(b)
Should
the responsible party file a timely appeal with the Superior Court,
the requirement to pay the enforcement costs will be suspended and
the payment of the enforcement costs, if any, will be in accordance
with the Superior Court decision.
(Ord. 2100 § 2, 2013)
In addition to any other legal remedy, the city may place a
lien on property owned by the responsible party in an amount equal
to the sum of the enforcement costs delinquent for more than ninety
days, plus interest. Imposition of a lien pursuant to this section
must stem from an enforcement action relating to the condition or
use of real property, or its improvements, that is owned by the responsible
party.
(Ord. 2100 § 2, 2013)
(a)
The
city manager, or designee, may initiate proceedings to record a lien
conforming with this article if the decision is not being appealed.
(b)
Before
recording the lien, the city manager, or designee, will submit a report
to the city clerk stating the amounts due and owing.
(c)
The
city manager, or designee, will contact the city clerk and fix a time,
date, and place for the city council to consider the report and any
protests or objections to it.
(d)
The
city manager, or designee, will serve the responsible party with a
hearing notice not less than ten days before the hearing date. The
notice will set forth the amount of the delinquent enforcement costs
and any interest that is due. Notice will be delivered first-class
mail, postage prepaid, addressed to each responsible party's address
as it appears on the last equalized assessment roll or supplemental
roll of the county of Los Angeles, whichever is more current. Service
by mail will be effective on the date of mailing and failure of the
responsible party to actually receive notice will not affect its validity.
(e)
At
the conclusion of the hearing, the city council will adopt a resolution
confirming, discharging, or modifying the lien amount.
(Ord. 2100 § 2, 2013)
Within thirty days following the city council's adoption of
a resolution imposing a lien, the administrator will file same as
a judgment lien in the Los Angeles County recorder's office.
(Ord. 2100 § 2, 2013)
Each responsible party against whose property an assessment
is levied pursuant to this chapter will also be assessed an administrative
fee in an amount established by city council resolution based on the
costs incurred in levying the assessment. The administrative fee will
be included in the lien amount approved by the city council and recorded
against the responsible party's property.
(Ord. 2100 § 2, 2013)
Once the city receives full payment for outstanding principal
and costs, the city manager, or designee, will either record a notice
of satisfaction or provide the responsible party with a notice of
satisfaction for recordation at the Los Angeles County recorder's
office. This notice of satisfaction will cancel the city's lien.
(Ord. 2100 § 2, 2013)
In addition to any other general functions, powers, and duties
given to the city attorney by this code or California law, the city
attorney is authorized to:
(a)
Prosecute
on behalf of the people all criminal and civil cases for violations
of this chapter including, without limitation, administrative or judicial
nuisance abatement and suits for injunctive relief;
(b)
Prosecute
all actions for the recovery of fines, penalties, forfeitures, and
other money accruing to the city under this chapter.
(Ord. 2100 § 2, 2013)
