Editor's Note: Ordinance 00-579 was previously codified
in this chapter; it was repealed and replaced in its entirety by Ordinance
01-591.
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)
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;
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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.
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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;
|
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E.
|
Identifying points of stormwater discharge from the premises
whether surface or subsurface and locating any illicit connection
or discharge.
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(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)
