This chapter shall be known as the City of West Hollywood "Storm Water Management and Discharge Control Ordinance."
(Prior code § 51000; Ord. 96-476 § 1, 1996)
Editor's Note: Ordinance 00-579 was previously codified in this chapter; it was repealed and replaced in its entirety by Ordinance 01-591.
a.
The Congress of the United States (hereinafter "Congress") has determined that pollutants contained in storm water and urban runoff are responsible for the environmental degradation of oceans, lakes, rivers, and other waters of the United States.
b.
Congress, in 1987, amended the Clean Water Act of 1972 to reduce pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to regulate storm water and urban runoff discharge into municipal storm drain systems.
c.
Storm water and urban runoff flows, from individual properties onto streets, then through storm drains to coastal waters along the City of West Hollywood.
d.
The City of West Hollywood is a co-permittee under the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties (municipal NPDES permit)," issued by the California Regional Water Quality Control Board – Los Angeles Region, which also serves as a NPDES permit under the Federal Clean Water Act and as a co-permittee, the city is required to implement procedures with respect to the entry of non-storm water discharges into the municipal storm water system.
e.
In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential.
(Prior code § 51001; Ord. 96-476 § 1, 1996; Ord. 01-591 § 1, 2001; Ord. 02-635U § 1, 2002; Ord. 15-955 § 1, 2015; Ord. 23-05 § 1, 2023)
a.
The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the city and the water quality of the receiving waters of the County of Los Angeles and surrounding coastal areas by:
b.
The intent of this chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the city in a manner consistent with the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act and the municipal NPDES permit.
c.
This chapter is also intended to provide the city with the legal authority necessary to control discharges to and from those portions of the municipal storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows.
d.
This chapter also sets forth requirements for the construction and operation of certain "new development" and "redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures required by the current municipal NPDES permit approved by the Regional Water Quality Control Board – Los Angeles Region, and on file in the office of the City Clerk. This chapter authorizes the authorized enforcement officer to define and adopt applicable best management practices and other storm water pollution control measures, as provided herein, to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement and enforce the provisions of this section.
(Prior code § 51002; Ord. 96-476 § 1, 1996; Ord. 02-635U §§ 2, 3, 2002; Ord. 15-955 § 2, 2015; Ord. 23-05 § 2, 2023)
Except as specifically provided herein, any term used in this chapter shall be defined as is defined in the current municipal NPDES permit, approved by the Regional Water Quality Control Board – Los Angeles Region, or if it is not specifically defined in the municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, 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 version of the 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:
shall mean any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.
shall mean the City Manager or designee.
means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5511, 5541, 7532 – 7534, or 7536 – 7539 (as amended). For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 551, and 5541 provided these facilities have no outside activities or materials that may be exposed to stormwater.
means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMPs may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge or waste-handling and disposal, among others.
means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's executive officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.
means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this chapter, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated 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.
shall mean the City of West Hollywood.
includes any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, the Statewide General Construction Permit coverage is required if more than one acre is disturbed or the activities are part of a larger plan.
means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.
means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.
means the Director of Public Works of the City or the Director's designee.
means, when used without qualification, the "discharge of a pollutant."
means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by humans; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.
means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands.
is defined in the same manner as Section 15357 of the Guidelines For Implementation of The California Environmental Quality Act contained in Title 14 of the California Code of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the city decides to approve or disapprove a particular activity, as distinguished from situations where the city merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.
means an area that is altered as a result of clearing, grading, and/or excavation.
means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code Section 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field-verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the city as environmentally sensitive.
shall mean common practices related to the storage, use, or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills.
means any subdivision being developed for ten or more single-family or multi-family dwelling units.
shall mean any human-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 to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non-storm water discharges except authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in the municipal NPDES permit, and discharges authorized by the Regional Board Executive Officer.
means the downward entry of water into the surface of the soil.
means entry and the conduct of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to:
Pre-inspection documentation research;
Request for entry;
Interview of facility personnel;
Facility walk-through;
Visual observation of the condition of facility premises;
Examination and copying of records as required;
Sample collection (if necessary or required);
Exit conference (to discuss preliminary evaluation); and
Report preparation, and if appropriate, recommendations for coming into compliance.
shall mean the implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire and/or 3) harvest and use precipitation near to where it falls to earth.
shall mean any substance including, but not limited to: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.
means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the state determines appropriate for the control of such pollutants. See also State Board Order WQ 2000-11 at page 20.
means the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties (Order No. R4-2021-0105, NPDES Permit No. CAS004004 and any modifications/reissuances of this permit), issued by the California Regional Water Quality Control Board – Los Angeles Region, and any successor permit to that permit.
shall mean streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities that are owned, operated, maintained or controlled by the city and used for the purpose of collecting, storing, transporting, or disposing of storm water.
means land-disturbing activities; structural development, including construction or installation of a building or structure; creation of impervious surfaces; and land subdivision.
shall mean any discharge to an MS4 that is not composed entirely of storm water.
shall mean any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES permit pursuant to Water Code Section 13370 (other than the municipal NPDES permit).
means land area or facility for the parking or storage of motor vehicles used personally, for business, industry, or for commerce.
shall mean those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to, the following:
Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);
Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and nonmetals such as phosphorus and arsenic;
Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
Excessive eroded soils; sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora and 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 enterococus;
The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the best management practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the best management practices available. |
means all development, redevelopment, and land-disturbing activities.
means, on an already developed site, the creation or addition of at least five thousand square feet of impervious surfaces, as such term is defined in the current version of the municipal NPDES permit approved by the Regional Board. Redevelopment includes, but is not limited to, the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity; and (4) landdisturbing activities related to structural or impervious surfaces. 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 or safety.
shall mean the California Regional Water Quality Control Board-Los Angeles Region.
means establishments primarily engaged in the retail sale of prepared food and drinks for on-premises or immediate consumption. Caterers, ghost kitchens, and industrial and institutional food service establishments, and any other similar food production establishment are also included in this industry.
means any facility engaged in selling gasoline and lubricating oils. SIC 5541 and NAICS 447110 and 447190.
projects include, but are not limited to, projects conducted to:
Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.
Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.
Update existing lines and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. This includes replacing existing lines with new materials or pipes.
Repair leaks.
Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.
means any runoff including storm water 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 land-disturbing activity that results in the creation or addition or replacement of five thousand square feet or more of impervious surface area on an already developed site.
means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.
means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution.
means a rainfall event that produces more than one tenth of an inch of precipitation in twenty-four hours unless specifically stated otherwise.
shall mean that part of the precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semipervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases.
means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPs.
means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.
means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.
shall mean surface water flow produced by non-storm water resulting from residential, commercial, and industrial activities involving the use of potable and non-potable water.
(Prior code § 51003; Ord. 96-476 § 1, 1996; Ord. 01-591 §§ 2, 3, 4, 2001; Ord. 02-635U §§ 4, 5, 6, 2002; Ord. 13-919 § 2, 2013; Ord. 15-955 § 3, 2015; Ord. 23-05 §§ 3 – 5, 2023)
This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the municipal NPDES permit, and any amendment, revision, or reissuance thereof. If any term contained in this chapter conflicts with the same term in the current version of the municipal NPDES permit, then the definition contained in the municipal NPDES permit shall govern.
(Prior code § 51004; Ord. 96-476 § 1, 1996; Ord. 23-05 § 6, 2023)
a.
Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the municipal storm water system, or to commence or continue any illicit discharges to the municipal storm water system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows.
b.
Littering. It is prohibited to throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or draining structure, business place, or upon any or private plot of land in the city, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the city. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal.
c.
Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4.
d.
Non-Storm Water Discharges. The following non-storm water discharges into the MS4 are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the Regional Board's Executive Officer, or the State Water Resources Control Board:
1.
The discharge of untreated wash waters to the MS4 when gas stations, auto repair garages, or other type of automotive service facilities are cleaned;
2.
The discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;
3.
To the maximum extent practicable, discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken;
4.
Discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts), and uncovered receptacles containing hazardous materials;
5.
The discharge of chlorinated/brominated swimming pool water and filter backwash;
6.
Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4; provided, however that the non-industrial and non-commercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the non-commercial hand-washing of cars, shall be excluded from this prohibition;
7.
To the maximum extent practicable, discharges to the MS4 from washing impervious surfaces in industrial/commercial areas which results in a discharge of untreated runoff to the MS4, unless specifically required by state's, or the city's, or Los Angeles County's, health and safety codes, or permitted under a separate NPDES permit;
8.
Discharges from the washing out of concrete trucks into the MS4;
9.
Discharges to the MS4 of any pesticide, fungicide, or herbicide, banned by the U.S. E.P.A. or the California Department of Pesticide Regulation;
10.
The disposal of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4;
11.
Discharge of any food or food processing wastes; and
12.
Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality.
e.
Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the municipal NPDES permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the city from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge.
f.
Industrial Activities. No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including a NPDES general industrial activity storm water permit when required. Persons conducting industrial activities within the city shall refer to the most recent edition of the CASQA Industrial/Commercial Best Management Practices Handbook for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from industrial activities.
(Prior code § 51005; Ord. 96-476 § 1, 1996; Ord. 02-635U §§ 7, 8, 9, 10, 11, 2002; Ord. 15-955 § 4, 2015)
Discharges from those activities specifically identified in, or pursuant to, the municipal NPDES permit as being exempted discharges, conditionally exempted discharges, or designated discharges shall not be considered a violation of this chapter, provided that any applicable BMPs developed pursuant to the municipal NPDES permit are implemented to minimize any adverse impacts from such identified sources.
(Prior code § 51006; Ord. 96-476 § 1, 1996; Ord. 15-955 § 5, 2015)
Owners and occupants of property within the city shall implement best management practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural best management practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to:
a.
Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to city streets or the MS4 may or does occur.
b.
Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable. Sweeping and collection of debris is encouraged for trash disposal.
c.
Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance-related pollutants are not discharged to the MS4.
d.
Removal and Disposal of Debris from Industrial/Commercial Motor Vehicle Parking Lots. Industrial/commercial motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots.
e.
Food Wastes. Food wastes generated by nonresidential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4.
f.
Best Management Practices. Best management practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality.
(Prior code § 51007; Ord. 96-476 § 1, 1996; Ord. 02-635U §§ 12, 13, 2002)
a.
Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the authorized enforcement officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the city.
b.
Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the city and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy:
1.
An effective combination of erosion and sediment control BMPS from Table 7 of the municipal NPDES permit shall be implemented (where applicable). This includes BMPs for house-keeping, erosion controls (scheduling, preservation of existing vegetation, and wind erosion controls), sediment controls (perimeter controls and stabilized construction site entrance/exit), nonstormwater management (water conservation practices and dewatering operations), and waste management (material delivery and storage, stockpile management, spill prevention and control, solid waste management, concrete waste management, and sanitary/septic waste management).
2.
For roadway paving or repair operations, an effective combination of BMPS from Table 8 of the municipal NPDES permit shall be implemented (where applicable). This includes the following:
A.
Restrict paving and repaving activity to exclude periods of rainfall or predicted rainfall unless required by emergency conditions.
B.
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.
C.
Prevent the discharge of release agents including soybean oil, other oils, or diesel to the stormwater drainage system or receiving waters.
D.
Minimize non-stormwater runoff from water use for the roller and for evaporative cooling of the asphalt.
E.
Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage and dispose of properly.
F.
Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled, or disposed of properly.
G.
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.
H.
Cover the "cold-mix" asphalt (i.e., pre-mixed aggregate and asphalt binder) with protective sheeting during a rainstorm.
I.
Cover loads with tarp before haul-off to a storage site, and do not overload trucks.
J.
Minimize airborne dust by using water spray or other approved dust suppressant during grinding.
K.
Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grindings materials or rubble in or near stormwater drainage system or receiving waters.
L.
Protect stockpiles with a cover or sediment barriers during a rain.
3.
Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable.
4.
Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site.
5.
Between October 1 and April 15, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site.
6.
No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system.
7.
Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site.
8.
Erosion from slopes and channels must be controlled through the effective combination of best management practices.
c.
The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that best management practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any building or grading permit.
d.
A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction sites of one acre or greater shall be developed consistent with the municipal NPDES permit. Such plans must be submitted to the city for review and approval prior to the issuance of building or grading permits.
e.
Industrial and commercial dischargers shall implement effective BMPs listed in Table 6 of the municipal NPDES permit, unless a particular pollutant generating activity does not occur on a facility's site. This includes the following:
1.
Unauthorized Non-Stormwater Discharges. Effective elimination of unauthorized non-stormwater discharges.
2.
Accidental Spills/Leaks. Implementation of effective spills/leaks prevention and response procedures.
3.
Vehicle/Equipment Fueling. Implementation of effective fueling source control devices and practices.
4.
Vehicle/Equipment Cleaning. Implementation of effective equipment/vehicle cleaning practices and appropriate wash water management practices.
5.
Vehicle/Equipment Repair. Implementation of effective vehicle/equipment repair practices and source control devices.
6.
Outdoor Liquid Storage. Implementation of effective outdoor liquid storage source controls and practices.
7.
Outdoor Equipment Operations. Implementation of effective outdoor equipment source control devices and practices.
8.
Outdoor Storage of Raw Materials. Implementation of effective source control practices and structural devices.
9.
Storage and Handling of Solid Waste. Implementation of effective solid waste storage/handling practices and appropriate control measures.
10.
Building and Grounds Maintenance. Implementation of effective facility maintenance practices.
11.
Parking/Storage Area Maintenance. Implementation of effective parking/storage area designs and housekeeping/maintenance practices.
12.
Stormwater Conveyance System Maintenance Practices. Implementation of proper conveyance system operation and maintenance protocols.
13.
Sidewalk Washing. Remove trash, debris, and free-standing oil/grease spills/leaks (use absorbent material, if necessary) from the area before washing. Use 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.
Street Washing. Collect and divert wash water to the sanitary sewer. Note: Approval from the applicable sanitary sewer collection agency may be needed.
(Prior code § 51008; Ord. 96-476 § 1, 1996; Ord. 02-635U § 14, 2002; Ord. 23-05 §§ 7, 8, 2023)
a.
Projects Requiring a LID Plan. This section contains requirements for storm water pollution control measures in development and redevelopment projects, and authorizes the city to further define and adopt storm water pollution control measures and to develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies. The following projects for new development and redevelopment, if subject to discretionary project approval under Title 19 of this code shall require a LID Plan that complies with the current municipal NPDES permit (see Part VIII.F) and the requirements below:
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 ten thousand square feet or more of impervious surface area (collectively over the entire project site).
B.
Industrial parks of ten thousand square feet or more of surface area.
C.
Commercial malls of ten thousand square feet or more of surface area.
2.
Redevelopment projects that create and/or replace five thousand square feet or more of impervious surface (collectively over the entire project site) on any of the following:
3.
New development and redevelopment projects that create and/or replace five thousand square feet or more of impervious surface (collectively over the entire project site) and support one or more of the following uses:
4.
New development and redevelopment projects that create and/or replace two thousand five hundred 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 directly to an ASBS or "Sensitive Ecological Area" as identified by the County of Los Angeles' Significant Ecological Areas Program.
5.
Street and road construction of ten thousand square feet or more of impervious surface area shall follow U.S. EPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways, and freeway projects. Temporary access roads are not subject to this requirement. Projects under this category are exempt from the Structural BMP performance requirements of the municipal NPDES Permit.
6.
Considerations for Redevelopment Projects.
A.
Where redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, the entire project must be mitigated as provided below.
B.
Where redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction storm water quality control requirements, only the alteration must be mitigated as provided below, and not the entire development.
C.
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.
b.
Requirements. The site for every project identified in subsection (a) shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use in accordance with the West Hollywood LID Technical Guidance Manual. The project applicant shall prepare a LID Plan which implements set LID standards and practices for storm water pollution mitigation and provides documentation to demonstrate compliance with the municipal NPDES permit on the plans and permit application submitted to the city. Such a LID Plan shall comply with the following:
1.
Street and road construction of ten thousand square feet or more of impervious surface shall follow US EPA guidance regarding managing wet weather with the city's most current Green Streets Manual to the maximum extent practicable. (See also Section 15.56.096.)
2.
3.
The following categories of projects which otherwise do not require a LID Plan, but which may potentially have adverse impacts on post-development storm water quality, shall be designed to include post-construction treatment controls to mitigate storm water pollution and the implementation of a site-specific plan to mitigate post-development storm water for new development and redevelopment where one or more of the following project characteristics exist:
A.
Vehicle or equipment fueling areas;
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 horticulture activities.
c.
Additional Requirements. Projects not classified with general applicability listed in subsection (a) of this section, but resulting in the creation or addition or replacement of five hundred square feet or more of impervious surface area shall be designed to control pollutants, pollutant loads, and runoff volume in accordance with the West Hollywood Small Site LID Manual.
d.
Technical Infeasibility. Full or partial technical infeasibility of the requirements of this section may be claimed where the project applicant shows by application in writing that the incorporation and design elements that address the objectives set forth in this section are impracticable or infeasible or otherwise physically impossible due to the site characteristics or other characteristics unique to the project. Any claim of technical infeasibility shall be made in writing to the Director and may only be approved where permitted in accordance with the terms of the municipal NPDES permit.
1.
To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain one hundred percent of the SWQDv on-site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:
A.
The infiltration rate of saturated in-situ soils is less than three-tenths-inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv on-site;
B.
Locations where seasonal high groundwater is within five to ten feet of surface grade;
C.
Locations within one hundred feet of a groundwater well used for drinking water;
D.
Brownfield development sites or other locations where pollutant mobilization is a documented concern;
E.
Locations with potential geotechnical hazards; and
F.
Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.
2.
If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half 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 municipal NPDES permit.
A.
Additional alternative compliance options such as off-site infiltration and groundwater replenishment projects may be available to the project site at the discretion of the Director.
3.
The remaining SWQDv that cannot be retained or biofiltered on-site shall be treated on-site to reduce pollutant loading. BMPs shall be selected and designed to meet pollutant-specific benchmarks as required by the municipal NPDES permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:
e.
Exemptions from LID Requirements. The provisions of this section do not apply to any of the following:
1.
A development involving only emergency construction activity required to immediately protect public health and safety;
2.
Infrastructure projects within the public right-of-way;
3.
A development or redevelopment involving only activity related to gas, water, cable, or electricity services on private property;
4.
A development involving only resurfacing and/or re-striping of permitted parking lots, where the original line and grade, hydraulic capacity, and original purpose of the facility is maintained;
5.
A project involving only exterior movie or television production sets, or façades on an existing developed site; or
6.
A project not requiring a city building, grading, demolition or other permit for construction activity.
f.
Any development that is exempted from LID requirements under subsection (g) of this section has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein.
g.
City Review and Approval.
1.
Issuance of Discretionary Permits. No discretionary permit may be issued for any new development or redevelopment project identified in subsection (a) of this section until the authorized enforcement officer confirms that the project plans required for approval of discretionary permits comply with all applicable storm water mitigation requirements and enumerated design criteria requirements. Where redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to postdevelopment storm water quality control requirements, the entire project must be mitigated with LID BMPs. Where redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, only the alteration must be mitigated with LID BMPs, and not the entire development. The discretionary permit may be conditioned to ensure compliance with this chapter.
2.
Prior to the issuance of a building or grading permit for a new development or redevelopment project identified in subsection (a) of this section, the city shall evaluate the proposed project using the municipal NPDES permit, and erosion and grading requirements of the city Building Official or Director to determine: (i) its potential to generate the flow of pollutants into the MS4 after construction; and (ii) how well the LID Plan for the proposed project meets the goals of this chapter. Each LID Plan shall be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the city may impose conditions upon the issuance of the building permit, in addition to any required by the State Construction General Permit for the project, in order to minimize the flow of pollutants into the MS4.
3.
No building or grading permit shall be issued until a LID Plan has been approved by the Director. If the LID Plan is disapproved, the reasons for disapproval shall be given in writing to the applicant. Any LID Plan disapproved may be revised by the applicant and resubmitted for approval. A resubmitted plan shall be reviewed and approved or denied within thirty days of submittal. The LID Plan approval shall run conterminously with the initial term of the building permit for the project. No extension to the building permit shall be issued until the LID Plan has been approved again by the Director.
4.
Issuance of Certificates of Occupancy. As a condition for issuing a certificate of occupancy for any new development or redevelopment project identified in subsection (a) of this section, the authorized enforcement officer shall require facility operators and/or owners to build all the storm water pollution control best management practices and structural or treatment control BMPs that are shown on the approved project plans and LID Plan and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the municipal NPDES permit and other applicable regulatory requirements. Prior to issuance of certificate of occupancy, the owner and/or operators of the building shall also record a covenant against the property, in a form satisfactory to the City Attorney, describing: (i) all the storm water pollution control BMPs and structural or treatment control BMPs that are shown on the approved project plans and LID Plan; (ii) the ongoing maintenance obligations for those BMPs that are binding on successors and assigns; (iii) the applicable requirements in subsection (h) below; and any other information the city deems necessary to ensure long term maintenance of the BMPs.
h.
Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMPs.
1.
The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing structural or treatment control BMP; or (b) to replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then-current standards of the city and municipal NPDES permit. Such requirement shall be included in any sale or lease agreement or deed for such property in the form of a Master Covenant and Agreement. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection.
2.
For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). Printed educational materials shall accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.
3.
If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.
i.
CEQA. Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act.
(Ord. 01-591 § 5, 2001; Ord. 02-635U §§ 15, 16, 17, 2002; Ord. 15-955 § 6, 2015)
All new transportation corridor projects, excluding routine maintenance or repair and linear utility projects, shall implement post-construction BMPs for green streets.
(Ord. 13-919 § 3, 2013)
a.
Violations Deemed a Public Nuisance.
1.
Any condition caused or permitted to exist in violation of:
A.
Any of the provisions of this chapter; or
B.
Any failure to comply with any applicable requirement of either the Standard Urban Storm Water Mitigation Plan ("SUSMP"), LID Plan, covenant required under this chapter, or any approved storm water mitigation plan with respect to a property; or
C.
Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or
D.
Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved storm water mitigation plan, the SUSMP, covenant required under this chapter, or LID Plan; is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney.
2.
The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.
3.
If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this subsection shall constitute a public nuisance and a violation of this chapter.
b.
Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
c.
Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:
1.
A temporary and/or permanent injunction.
2.
Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.
3.
Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.
4.
Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
d.
Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies:
1.
Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement; (ii) comply with a time schedule for compliance; and (iii) take appropriate remedial or preventative action to prevent the violation from recurring.
2.
Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-storm water discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.
f.
Permit Revocation. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this code.
g.
Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
h.
Authority to Conduct Samplings and Establishing Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determine the concentrations of pollutants in storm water and/or non-storm water runoff. The inspections provided for herein may include, but are not limited to:
A. | Inspecting efficiency or adequacy of construction or post construction BMPs; |
B. | Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; |
C. | Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; |
D. | Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; |
E. | Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. |
(Prior code § 51009; Ord. 96-476 § 1, 1996; Ord. 01-591 § 6, 2001; Ord. 02-635U § 18, 2002; Ord. 15-955 § 7, 2015)
The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation.
(Prior code § 51010; Ord. 96-476 § 1, 1996)