The purposes of this chapter are to:
A. 
Protect and enhance the water quality of the city's watercourses, water bodies, and wetlands in a manner consistent with the Clean Water Act and California Regional Water Quality Control Board Order No. R4-2012-0175, and any amendment, revision, or reissuance thereof; and
B. 
Ensure the future health, safety, and general welfare of the citizens of the city by:
1. 
Controlling non-stormwater discharges to the storm drain system.
2. 
Eliminating discharges to the storm drain system from spills, dumping, or disposal of materials other than stormwater.
3. 
Reducing pollutants in stormwater discharges, including those pollutants taken up by stormwater as it flows over urban areas, to the maximum extent practicable.
4. 
Reducing pollutants in stormwater discharges in order to achieve applicable water quality objectives for surface waters in the city and the county of Los Angeles.
(Ord. 447 § 1, 2016)
This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act, as amended and supplemented, applicable implementing regulations, and existing or future NPDES permits and any amendment, revision or re-issuance thereof.
(Ord. 447 § 1, 2016)
The following words, as used in this chapter, shall have the respective meanings assigned to them in the following definitions:
"Automotive service facilities"
mean facilities with any one of the following Standard Industrial Classification Codes: 5013, 5014, 5511, 5541, 7532-7534, or 7536-7539.
"Best management practices" or "BMPs"
means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water.
"City"
means the city of La Cañada Flintridge.
"Clean Water Act" or "CWA"
means the Federal Water Pollution Control Act, enacted in 1972 by Public Law 92-500 and amended by the Water Quality Act of 1987, which prohibits the discharge of pollutants to receiving waters unless the discharge is in accordance with an NPDES permit.
"Director"
means the city's director of public works or designee.
"Discharge"
means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid, or solid substance.
"Infiltration"
means capturing and infiltrating the stormwater runoff into in-situs soils or amended on-site soils.
"MS4"
means municipal separate storm sewer systems.
"National Pollutant Discharge Elimination System" or "NPDES"
means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405.
"Non-stormwater discharge"
means any discharge to a municipal storm drain system that is not composed entirely of stormwater.
"Parking lot"
means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces.
"Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
"Pollutant"
means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 13373.
"Receiving water"
means "water of the United States" into which waste and/or pollutants are or may be discharged.
"Regional Board"
means the California Regional Water Quality Control Board, Los Angeles Region.
"Storm drain system"
means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the city.
"Stormwater"
means runoff and drainage related to precipitation events.
"SUSMP"
means standard urban stormwater mitigation plan.
(Ord. 447 § 1, 2016)
A. 
Any person engaged in activities which will or may result in pollutants entering the city's MS4 shall undertake all practicable measures to eliminate such pollutants.
B. 
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any real property in the city in front of which there is a paved sidewalk, shall maintain the sidewalks free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on the property as required for the disposal of refuse.
C. 
Persons owning or operating a parking lot, automotive service facility, paved private street or road or similar structure, shall clean these structures as frequently and thoroughly as practicable in a manner that eliminates the discharge of pollutants to the MS4 to the maximum extent practicable.
D. 
The city council may, by resolution, adopt regulations establishing controls on the volume and rate of stormwater runoff as may be appropriate to minimize the discharge and transport of pollutants.
(Ord. 447 § 1, 2016)
A. 
Except as specified by this chapter, discharging any material other than stormwater into the storm drain system is prohibited.
B. 
The following non-stormwater discharges are exempt from the prohibition set forth in subsection A:
1. 
Any discharge regulated under a NPDES permit issued to the discharger and administered by the state of California pursuant to Chapter 5.5, Division 7 of the California Water Code under authority of the United States Environmental Protection Agency, provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations.
2. 
Discharges from the following activities will not be considered a source of pollutants to receiving waters when properly managed:
a. 
Water line flushing and other discharges from potable water sources subject to a written agreement with the city;
b. 
Landscape irrigation and lawn watering using potable water;
c. 
Rising ground waters;
d. 
Uncontaminated ground water infiltration as defined by the MS4 permit;
e. 
Water from crawl space pumps;
f. 
Air conditioning condensation;
g. 
Natural springs;
h. 
Noncommercial washing of vehicles by a non-profit organization, which has provided written notice to the city at least five business days prior to the event, or by a resident at his or her residence provided the non-profit organization or resident, as applicable:
i. 
Implements BMPs and ensures discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4 or receiving water,
ii. 
Minimizes the amount of water used by employing water conservation practices such as turning off nozzles or kinking the hose when not spraying a car, and using a low volume pressure washer,
iii. 
When possible, use biodegradable, phosphate free detergents and non-toxic cleaning products,
iv. 
Where possible, wash cars on a permeable surface where wash water can percolate into the ground (e.g., gravel or grassy areas), and/or
v. 
Empty buckets of soapy or rinse water into the sanitary sewer system (e.g., sinks or toilets);
i. 
Flows from riparian habitats and wetlands;
j. 
Dechlorinated/debrominated swimming pool and dewatering of decorative fountain discharges, provided:
i. 
The discharger implements BMPs and ensures discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4 and receiving water,
ii. 
The discharge is dechlorinated or debrominated using holding time, aeration, and/or sodium thiosulfate. Chlorine residual in the discharge shall not exceed 0.1 mg/L,
iii. 
The discharge does not contain any detergents, wastes, or algaecides, or any other chemicals including salts from pools commonly referred to as "salt water pools" in excess of applicable water quality objectives,
iv. 
The discharge has a pH adjusted, if necessary, to be within the range of 6.5 and 8.5 standard units,
v. 
The discharge is volumetrically and velocity controlled to promote evaporation and/or infiltration, and
vi. 
For discharges of 100,000 gallons or more, require the authorization of the director and verification that the discharge pathway to the MS4 inlet is cleared of debris and mobilization of pollutants;
k. 
Flows from emergency fire fighting activities;
l. 
Street/sidewalk wash water resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallon per square feet of sidewalk area; and
m. 
Waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and the California Health and Safety Code Section 25117.
3. 
With written concurrence of the Regional Board, the city may exempt, in writing, other discharges that are not a source of pollutants to the storm drain system or watercourses.
4. 
Any discharge that would result in or contribute to a violation of Regional Board Order No. R4-2012-0175, issued on November 8, 2012, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge is the responsibility of the person(s) causing or responsible for the discharge.
5. 
It is unlawful for any person to throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, kept, or maintained, in or upon any public or private driveway, parking area, street, alley, sidewalk, or component of the storm drain system or watercourse, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations, and/or pollutants so that the same may cause or contribute to pollution. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor, of any real property in the city failing to remove pollutants is guilty of a misdemeanor.
(Ord. 447 § 1, 2016)
The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any real property in the city, shall comply with the following requirements:
A. 
Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. In addition, washing down of paved areas is prohibited unless necessary for health or safety purposes as determined by the director, and not in violation of any other provision of this chapter. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable.
B. 
Storage of Materials, Machinery and Equipment.
1. 
Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff.
2. 
Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed on a pad of absorbent material to contain leaks, spills or small discharges.
C. 
The discharge of graywater to street or storm drain is prohibited. Graywater is water that is discharged from sinks, showers, tubs, washing machines, dishwashers and garbage disposals.
(Ord. 447 § 1, 2016)
Structural BMPs required by the city, county of Los Angeles, or state or federal agency shall be properly operated and maintained, consistent with the approved SUSMP, low impact development plan as provided in Chapter 9.20 of this code, or other equivalent plan or program, or otherwise determined by the director. Records and documentation of such maintenance shall be provided to the director upon reasonable request.
(Ord. 447 § 1, 2016)
A. 
The director may, upon 72 hour written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter. Such inspection may include, but is not limited to:
1. 
Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;
2. 
Identifying points of discharge of all wastewater, non-stormwater, processed water systems and pollutants;
3. 
Investigating the natural slope of the premises, including drainage patterns and man-made conveyance systems;
4. 
Establishing location of all points of discharge from the premises, whether by surface runoff or through a storm drain system;
5. 
Locating any illicit connection or illicit discharge;
6. 
Investigating and inspecting a vehicle, truck, trailer, tank or other mobile equipment;
7. 
A review and inspection of all records of the owner or occupant of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the storm drain system;
8. 
Inspecting, sampling and testing any area runoff, soils area (including groundwater testing), process discharge, materials with any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contribution of pollutants to the storm drain system;
9. 
Inspecting the integrity of the MS4, any connection to other pipelines on the property, including the use dye and smoke tests, video surveys, photographs or videotapes, and the taking of measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;
10. 
The installation and maintenance of monitoring devices for the purpose of measuring any discharge or potential source of discharge to the storm drain system;
11. 
Evaluating compliance with this chapter or the Clean Water Act.
B. 
The director may enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter by any other lawful means including, but not limited to, obtaining an inspection warrant issued by a court.
(Ord. 447 § 1, 2016)
Fees to be charged inspection, enforcement, and other activities carried out by the city under this chapter shall be adopted by resolution of the city council.
(Ord. 447 § 1, 2016)
A. 
Any violation of this chapter shall be punishable as a misdemeanor, an infraction, subject to the fines and related penalties of Section 1.04.010 of this code, and/or as an administrative citation, subject to the fines set forth in Chapter 1.07 of this code.
B. 
As a part of any sentence or other penalty imposed or the award of any damage, the court may also order that restitution be paid to the city or an injured person, or, in the case of a violator who is a minor, by the minor's parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward.
C. 
Any person violating the provisions of this chapter shall reimburse the city for any and all costs incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any illicit discharge or pollutant from the MS4; rectifying any illicit connection; or remediating any violation of this chapter. Such costs to be paid to the city include all administrative expenses and all legal expenses, including costs and attorneys' fees, in obtaining compliance, and in litigation including all costs and attorneys' fees on any appeal. The costs to be recovered in this section shall be recoverable from any and all persons violating this chapter.
D. 
In the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the director may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include, but is not limited to, exigent circumstances created by the discharge of pollutants, where such discharge presents a significant and immediate threat to the public health or safety, or the environment. The city shall be reimbursed for all costs identified in subsection C.
E. 
Violations of this chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this code and state law.
F. 
All costs and fees incurred by the city as a result of any violation of this chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The city attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code Section 38773.5.
G. 
Any person acting in violation of this chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Section 13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The city attorney is authorized to file a citizens suit pursuant to the Clean Water Act, seeking penalties, damages, and orders compelling compliance and appropriate relief.
H. 
In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek 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, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the city;
3. 
Reasonable costs of preparing and bringing legal action under this chapter;
4. 
Costs incurred in removing, correcting or terminating the adverse effects resulting from violation;
5. 
Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.
I. 
In addition to the other enforcement powers and remedies established by this chapter, the director has the authority to utilize the following administrative remedies:
1. 
Cease and Desist Orders. When a Discharge has taken place or is likely to take place in violation of this chapter, the director 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:
a. 
Comply with the requirement; and
b. 
Comply with a time schedule for compliance; and
c. 
Take appropriate remedial or preventive action to prevent the violation from recurring.
2. 
Notice to Clean. Whenever the director 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-stormwater 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.
J. 
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.
K. 
In an enforcement action, the burden of proof shall be on the person who is the subject of such action to establish that the reduction or elimination of the discharge to the maximum extent practicable has been accomplished through compliance with the best management practices available, including applicable monitoring, notifications and reporting requirements.
L. 
Each separate discharge in violation of this chapter and each day a violation of this chapter exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation.
M. 
Remedies under this chapter are in addition to and do not supersede or limit any and all other available remedies, civil or criminal. The remedies provided for in this chapter shall be cumulative and not exclusive.
(Ord. 447 § 1, 2016)
The provisions of this chapter shall not 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.
(Ord. 447 § 1, 2016)
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into receiving waters. This chapter shall not create liability on the part of the city, any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 447 § 1, 2016)