Note: Prior ordinance history: Ords 811, 887 and 913.
For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this chapter.
Words and phrases not ascribed a meaning by this chapter shall have
the meanings ascribed by the regulations implementing the National
Pollutant Discharge Elimination System, Clean Water Act Section 402,
33 U.S.C. Section 1342(p), including, but not limited to 40 C.F.R.
Section 122.2 and 40 C.F.R. Section 122.26(b), and Division 7 of the
California Water Code, as they may be amended from time to time, if
defined therein, and if not, to the definitions in an applicable permit
issued by the California Regional Water Quality Control Board - Los
Angeles, as such permits may be amended from time to time.
means a facility in any one of the following Standard Industrial
Classification (SIC) codes: 5013, 5014, 5511, 5541, 7532-7534, or
7536-7539.
means methods, measures, schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices
to prevent or reduce pollutants in discharges to the MS4 and thence
into waters of the United States. BMPs include treatment requirements,
operating procedures and practices to control runoff, spillage or
leaks, sludge or waste disposal and drainage from raw material storage;
public education and outreach; proper planning of development projects;
structural and non-structural controls; and operations and maintenance
procedures which can be applied before, during and after pollution-producing
activities, including, but not limited to proper clean-out of catch
basins and proper waste handling and disposal. See 40 C.F.R. Section
122.2.
means any release, spill, leak, pump, flow, escape, dumping
or disposal, of any pollutant, from any point source, into the environment,
including waters of the United States, and city's MS4.
means any materials, wastes or mixture of wastes defined
as a "hazardous substance" or "hazardous waste" pursuant to Section
311(b)(2) of the Clean Water Act, 33 U.S.C. Section 1321(b)(2), or
the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections
6901 et seq., the Comprehensive Environmental Response, Compensation
and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq., or
the Carpenter-Presley-Tanner Hazardous Substance Account Act, ("HSAA"),
California Health and Safety Code Sections 25300, et seq., and all
future amendments to any of them, or as defined by the State Water
Resources Control Board or the California Regional Water Quality Control
Board - Los Angeles. Where there is a conflict in the definitions
employed by two or more agencies having jurisdiction over hazardous
waste or water pollution, the terms "hazardous materials" and "hazardous
waste" shall be construed to have the broader, more encompassing definition.
means any device or artifice, excluding roof drains and other
similar connections, connected to the municipal separate storm sewer
system, without a permit, through or by which an illicit discharge
may be discharged. Examples include channels, pipelines, pipes, conduits,
inlets and outlets connected directly to the municipal separate storm
sewer system.
means any discharge to the MS4 that is not composed entirely
of stormwater except discharges pursuant to a NPDES permit, permitted
discharges (which are exempt or conditionally exempt in accordance
with any applicable order of the RWQCB-LA) and discharges resulting
from fire fighting activities. "Illicit discharge" includes, but is
not limited to, wash waters from the cleaning of retail gasoline outlets,
auto repair garages and similar automotive service facilities; runoff
from mobile auto washing, steam cleaning and mobile carpet cleaning,
and other similar mobile commercial and industrial operations; discharges
from areas where repair of machinery and equipment, including, but
not limited to motor vehicles which are visibly leaking oil, fluid
or antifreeze, is undertaken; discharges of runoff to the MS4 from
storage areas of materials containing grease, oil, or other hazardous
substances, and uncovered receptacles containing hazardous materials;
chlorinated or brominated swimming pool water and filter backwash;
runoff from the washing of toxic materials from paved or unpaved areas;
discharge of runoff from washing impervious surfaces at sites of industrial
activity, unless specifically required by state or local health and
safety codes; discharge of concrete or cement-laden wash water from
concrete trucks, pumps, tools and equipment; litter; construction
and demolition debris; fuel and chemical wastes; animal wastes; garbage,
food and food processing wastes; cooking oil or grease; leaves, grass
or other clippings, dirt or any other landscape debris or wastes;
any pesticide, fungicide, or herbicide banned by or not registered
with the United States Environmental Protection Agency or the California
Department of Pesticide Regulation; wash or rinse water from any restaurant
or automotive service facility floor mats; any liquid used as a cooling
fluid in any radiator of any engine; batteries; and any other materials
or solid waste which has potential adverse effects on water quality
of receiving waters. "Illicit discharge" also includes any other discharge
to the MS4 that is prohibited by this code, or any state or federal
law.
means any facility used for the production, manufacture,
storage, transportation, distribution, exchange or sale of goods or
commodities, and any facility used in providing professional and non-professional
services. This category of facilities includes, but is not limited
to, any facility defined by the Standard Industrial Classifications
(SIC). Facility ownership (federal, state, municipal, private) and
profit motive of the facility's owners or operators are not factors
in this definition.
means a conveyance or system of conveyances including municipal
streets, alleys, catch basins, curbs, gutters, ditches, man-made channels,
storm drains, conduits, or other facilities owned, operated, maintained
or controlled by city and used for the purpose of collecting, storing,
transporting or disposing of stormwater, which are not part of a publicly
owned treatment works, and which discharges directly or indirectly
(through another agency's MS4) to waters of the United States.
means any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater. See illicit discharge
above, and permitted discharge, below.
means the "National Pollutant Discharge Elimination System"
established by Section 402 of the Clean Water Act, 33 U.S.C. Section
1342, as it, from time to time, may be amended.
means the following non-stormwater discharges:
Discharges covered by a separate individual or general NPDES
permit;
Flows from emergency fire fighting activity.
Flows incidental to urban activities, including the following:
Reclaimed and potable landscape irrigation runoff;
Potable drinking water supply and distribution system releases
(consistent with American Water Works Association guidelines for dechlorination
and suspended solids reduction practices);
Drains for foundations, footings, and crawl spaces;
Air conditioning condensate;
Dechlorinated/debrominated swimming pool discharges;
Dewatering of lakes and decorative fountains;
Non-commercial car washing by residents or by non-profit organizations;
and
Sidewalk rinsing.
means a "pollutant" as defined in Section 502(6) of the Clean
Water Act, 33 U.S.C. 1362(6), or incorporated into California Water
Code Section 13373, discharged into water but shall not mean uncontaminated
stormwater, potable water or reclaimed water generated by a lawfully
permitted water treatment facility, or any substance, the discharge
of which into the MS4, through best management practices, has been
reduced to the maximum extent practicable. Subject to the foregoing,
"pollutant" also includes but is not limited to wash waters from the
cleaning of retail gasoline outlets, auto repair garages and similar
automotive service facilities; runoff from mobile auto washing, steam
cleaning and mobile carpet cleaning, and other similar mobile commercial
and industrial operations; discharges from areas where repair of machinery
and equipment, including, but not limited to motor vehicles which
are visibly leaking oil, fluid or anti-freeze, is undertaken; discharges
of runoff to the MS4 from storage areas of materials containing grease,
oil, or other hazardous substances, and uncovered receptacles containing
hazardous materials; chlorinated or brominated swimming pool water
and filter backwash; runoff from the washing of toxic materials from
paved or unpaved areas; discharge of runoff from washing impervious
surfaces at sites of industrial activity, unless specifically required
by State or local health and safety codes; discharge of concrete or
cement-laden wash water from concrete trucks, pumps, tools and equipment;
litter; construction and demolition debris; fuel and chemical wastes;
animal wastes; garbage, food and food processing wastes; cooking oil
or grease; leaves, grass or other clippings, dirt or any other landscape
debris or wastes; any pesticide, fungicide, or herbicide banned by
or not registered with the United States Environmental Protection
Agency or the California Department of Pesticide Regulation; wash
or rinse water from any restaurant or automotive service facility
floor mats; any liquid used as a cooling fluid in any radiator of
any engine; batteries; and any other materials or solid waste which
has potential adverse effects on water quality of receiving waters.
means a facility that sells prepared foods and drinks for
consumption, including stationary lunch counters and refreshment stands
selling prepared foods and drinks for immediate consumption (SIC Code
5812).
means, for the purpose of this chapter, any facility engaged
in selling gasoline and lubricating oils.
shall have the meaning ascribed by Public Resources Code
Section 40191, as it, from time to time, may be amended.
(see municipal separate storm sewer system or "MS4," above).
means stormwater runoff, snow melt runoff, and surface runoff
and drainage.
means a plan, as required by a State General Permit issued
by the State Water Resources Control Board ("SWRCB"), identifying
potential pollutant sources and describing the design, placement and
implementation of BMPs, to effectively prevent non-stormwater discharges
and to reduce pollutants in stormwater discharges during activities
covered by the general permit.
means any structural facility designed and constructed to
mitigate the adverse impacts of stormwater and urban runoff pollution
(e.g. canopy, structural enclosure). The category
may include both treatment control BMPs and source control BMPs.
means any engineered system designed to remove pollutants
by simple gravity settling of particulate pollutants, filtration,
biological uptake, media absorption or any other physical, biological,
or chemical process.
means the period beginning on October 1, and ending at midnight
on April 15, annually.
(Ord. 927-03 § 1)
No person shall cause any illicit discharge to enter the MS4
unless such discharge: (1) is authorized by an NPDES permit; or (2)
is associated with emergency fire fighting activities; or (3) is a
permitted discharge which is exempt or conditionally exempt in accordance
with an applicable order of the California Regional Water Quality
Control Board - Los Angeles. No pollutant in stormwater may be discharged
to the MS4 unless the pollutant has been reduced to the maximum extent
practicable.
(Ord. 927-03 § 1)
No person shall use or suffer the use of any illicit connection
to convey an illicit discharge or any pollutant to the MS4 from premises
of which that person is an owner or is the person in charge of day-to-day
activities. Illicit connections are prohibited by the Clean Water
Act, NPDES MS4 Stormwater Permits issued by the California Regional
Water Quality Control Board - Los Angeles and this chapter. The owner
and the person in charge of day-to-day activities of premises at which
an illicit connection is located shall obtain a permit for, or remove,
the illicit connection within one hundred eighty days of confirmation
of discovery of the illicit connection.
(Ord. 927-03 § 1)
A.
It
shall be a violation of this chapter for any person or entity required
under federal or state law to comply with the requirements for a NPDES
General Industrial Activities Stormwater Permit (GIASP) for a facility
or activity in the city to operate such facility or activity in the
city which discharges to the city's MS4 without complying with all
applicable requirements for a General Industrial Activities Stormwater
Permit.
B.
Any
person or entity in the city required to have a General Industrial
Activities Stormwater Permit for a facility or activity in the city
which discharges to the city's MS4 shall retain at such facility or
activity the following documents which evidence compliance with General
Industrial Activities Stormwater Permit requirements: (i) a copy of
the Notice of Intent to comply with the General Industrial Activities
Stormwater Permit; (ii) a waste discharge identification number (WDID)
issued by the State Water Resources Control Board; (iii) a Stormwater
Pollution Prevention Plan (SWPPP); (iv) any required stormwater quality
data; and (v) a plan containing urban runoff best management practices
(BMPs).
C.
Any person or entity in the city required to have a General Industrial Activities Stormwater Permit for a facility or activity in the city which discharges to the city's MS4, upon request from a duly authorized officer of the city, shall make available to the city for review, copying and inspection all of the documents described in subsection B of this section during any city stormwater-related educational program or inspection and shall demonstrate compliance with such General Industrial Activities Stormwater Permit, including, but not limited to, demonstration of the adequacy of, and compliance with, any required SWPPP and all applicable BMPs.
(Ord. 927-03 § 1)
A.
No
person shall dump, deposit, release, spill, leak, pump, pour, emit,
empty, discharge, inject, bury or dispose into the environment any
solid waste or liquid waste, including any pollutant, in or upon any
part of the MS4, or upon any public or private premises in the city,
or to cause, suffer, or permit any solid waste or liquid waste or
other pollutant to come to be located upon, in, on or under any premises
in the city, except in an authorized or permitted solid waste container
or at an authorized or permitted solid waste facility or publicly
owned or privately owned treatment works.
B.
No
person shall dispose of leaves, grass or other clippings, dirt or
any other landscape debris into any part of the MS4.
C.
No
person shall dispose of any pesticide, fungicide, or herbicide banned
by, or not registered with, the United States Environmental Protection
Agency or the California Department of Pesticide Regulation, or its
successor, into any part of the MS4.
D.
No
person shall dispose of any hazardous material into any civic litter
container or any other trash receptacle accessible to the public.
E.
No
person shall pour oil or grease, or the residue of oil or grease onto
any parking lot, or any part of the MS4.
F.
No
person shall place any washout water or other liquid in any container
for the disposal of solid waste.
G.
No
person shall wash restaurant or automotive service facility floor
mats in any place where the wash or rinse water may flow into any
part of the MS4.
(Ord. 927-03 § 1)
The owner, occupant or other person in charge of day-to-day
operation of each premises within the city shall implement best management
practices as follows:
A.
The
owner or other person in charge of day-to-day operation of parking
lots with more than twenty-five parking spaces exposed to stormwater
which parking lots are associated with industrial or commercial activities,
according to the United States Office of Management and Budget Standard
Industrial Classification Code, shall use BMPs to reduce the discharge
of pollutants to the maximum extent practicable. Such measures may
include regular sweeping or other measures, if effective.
B.
The
owner or other person in charge of day-to-day operation of premises
where machinery or other equipment which is repaired or maintained,
at facilities or activities associated with industrial or commercial
activities, according to the United States Office of Management and
Budget Standard Industrial Classification Code, shall use BMPs or
other steps to prevent discharge of maintenance related or repair
related pollutants to the MS4.
C.
For
other premises exposed to stormwater, the owner, occupant or other
person in charge of day-to-day operations shall use BMPs, if they
exist, or other steps to reduce the discharge of pollutants to the
maximum extent practicable, including the removal and lawful disposal
of any solid waste or any other substance which, if it were to be
discharged to the MS4, would be a pollutant, including fuels, waste
fuels, chemicals, chemical wastes and animal wastes, from all parts
of the premises exposed to stormwater.
(Ord. 927-03 § 1)
A.
Each
person applying to the city for a grading or building permit for projects
for which compliance with regulations governing State Construction
Activity Stormwater Permits ("GCASPs") is required, must submit satisfactory
proof to city (i) that a notice of intent (NOI) to comply with the
GCASP has been filed and (ii) that a Stormwater Pollution Prevention
Plan has been prepared, before the city shall issue any grading or
building permit on the construction project. A copy of the NOI and
the SWPPP shall be maintained on-site during grading and construction
and shall be made available for inspection, review and copying upon
the request of any city inspector.
B.
It
shall be a violation of this chapter for any person or entity required
under federal or state law to comply with the requirements for a State
Construction Activity Stormwater Permits for construction activity
in the city to conduct, authorize or permit construction activities
in the city at any facility which discharges to the city's MS4 without
complying with all applicable requirements for a GCASP.
C.
Each
person applying for a grading or building permit for any project for
which compliance with regulations governing State Construction Activity
Stormwater Permits is not required, shall submit to the city for information,
and shall implement a grading and construction activity runoff control
program adequate to accomplish all of the following:
1.
Retain
on-site the sediments generated on or brought to the project site,
using treatment control or structural BMPs;
2.
Retain
construction-related materials and wastes, spills and residues at
the project site and prevent discharges to streets, drainage facilities,
the MS4, receiving waters or adjacent properties;
3.
Contain
non-stormwater runoff from equipment and vehicle washing at the project
site; and
4.
Control
erosion from slopes and channels through use of effective BMPs, such
as limitation of grading during the wet season, inspection of graded
areas during rain events; planting and maintenance of vegetation on
slopes, if any, and covering any slopes susceptible to erosion.
D.
No
person generating or producing pavement sawcutting wastes in any street,
curb or sidewalk in the city shall fail to recover and properly dispose
of such sawcutting wastes, and in no case shall such wastes be permitted
or suffered to enter any part of the MS4, including, but not limited
to any storm drain.
E.
No
person performing street and road maintenance in any street in the
city shall fail to manage street and road maintenance materials in
a manner which prevents such materials from being discharged to the
MS4.
F.
No
person shall wash any concrete truck or any part of any concrete truck,
including, but not limited to any chute, pump or tools, in any place
in the city except an area designated for that purpose by the city,
if the city has designated such a place. No person shall permit or
suffer any concrete rinseate or washwater from any truck, pump, tool
or equipment to enter any drain, open ditch, street or road or any
catch basin or any other part of the MS4.
(Ord. 927-03 § 1)
Violation of any provision of this chapter, any stormwater pollution prevention plan, any provision of any permit issued pursuant to this chapter, or any administrative compliance order issued pursuant to this chapter is punishable as an infraction pursuant to Section 1.08.030 of this code or punishable as a misdemeanor pursuant to Section 1.08.020 of this code.
(Ord. 927-03 § 1; Ord. 1020-09 § 11)
A.
The
director of public works, or the director's designees, may issue notices
of violation and administrative compliance orders to achieve compliance
with the provisions of this chapter, any approved stormwater pollution
prevention plan or any permit issued pursuant to this chapter. Failure
to comply with the terms and conditions of such a notice of violation
or an administrative order shall constitute a violation of this chapter.
B.
The
city attorney may bring civil and criminal actions to enforce this
chapter, including, but not limited to, the provisions of any administrative
compliance order, any stormwater pollution prevention plan or any
permit issued pursuant to this chapter.
(Ord. 927-03 § 1)
The violation of any provision of this chapter is hereby declared
to be a nuisance, and may be abated by the city in accordance with
its authority to abate nuisances.
(Ord. 927-03 § 1)
The remedies listed in this chapter are not exclusive of any
other remedies available to the city under any applicable federal,
state or local law and it is within the discretion of the city to
seek cumulative remedies.
(Ord. 927-03 § 1)
Whenever necessary to make an inspection to enforce any provisions
of this chapter, the enforcement officer for the city may enter any
property in the city regulated by this chapter in a manner authorized
by state law and take samples; inspect, review and copy records relevant
to any illicit connection, illegal discharge or the discharge of any
pollutant. The owner or other person in charge of day-to-day activities
at the premises, upon request of any city inspector, shall make available
for inspection, review and copying any required GIASP, GCASP, NoI,
BMPs, SWPPP and any permit relevant to the reduction of the discharge
of any pollutant to the maximum extent practicable.
(Ord. 927-03 § 1)
The city council may establish fees for the services provided
under this chapter. Such fees shall be fixed and established from
time to time by the city council by resolution.
(Ord. 927-03 § 1)
