For the purpose of the provisions of this chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings set forth, unless it is apparent from the context that a different meaning is intended:
"Automotive service facility"means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5511, 5541, 7532 through 7534, and 7536 through 7539 provided that these facilities have no outside activities or materials that may be exposed to stormwater.
"Basin plan"means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments.
"Best management practices" or "BMPs"are practices, 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.
"Commercial facility"means any development on private land that is not industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities; mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes, restaurants, automotive service facilities, automotive dealerships, and retail gasoline station outlets or any other definition provided in the municipal NPDES permit or Stormwater Quality Management Plan.
"Discharge"means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.
"Disturbed area"means an area that is altered as a result of clearing, grading, and/or excavation.
"Executive officer"means executive officer of the California Regional Water Quality Control Board, Los Angeles.
"Illicit connection"means any man-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.
"Illicit discharge"means any discharge into the MS4, or from the MS4 into a receiving water, that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in Part III.A.1.d of the NPDES permit.
"Industrial activity"means any of the ten classifications of industrial facilities specified in 40 Code of Federal Regulations Section
122.26(b)(14), defined by Standard Industrial Classification (SIC) and which is required to obtain a NPDES permit, not including construction activities.
"Maximum extent practicable" or "MEP"means the extent to which the city can reduce the discharge of pollutants in stormwater runoff. MEP requires selecting and implementing effective BMPs, and rejecting applicable BMPs only where: (1) other effective BMPs will serve the same purpose; (2) the BMPs would not be technically feasible; or (3) the cost would be prohibitive. Factors considered include, but are not limited to:
1. Effectiveness: whether the BMP addresses a pollutant of concern.
2. Regulatory compliance: whether the BMP complies with stormwater regulations, as well as other environmental regulations.
3. Public acceptance: whether the BMP has public support.
4. Cost: whether the cost of implementing the BMP has a reasonable relationship to the pollution control benefits achieved.
5. Technical feasibility: whether the BMP is technically feasible, considering soils, geography, and water resources.
"Municipal NPDES permit"means California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2012-0175, NPDES Permit No. CAS004001 Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharge Within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4, and any amendment thereto or re-issuance thereof.
"Municipal separate storm sewer system" (referred to herein as "MS4"),means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR Section
122.2 (40 CFR Section
122.26(b)(8)).
"Non-stormwater discharge"means any fluid discharge to the storm drain system and/or receiving waters that is not composed entirely of stormwater but may not necessarily be an illicit discharge.
"NPDES" or "National Pollutant Discharge Elimination System"means the national permitting program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act (CWA) Sections 307, 402, 318, and 405. The term includes an "approved program."
Mandated by Congress under the Clean Water Act, the NPDES Stormwater Program is a comprehensive two-phased national program for addressing the non-agricultural sources of stormwater discharges which adversely affect the quality of our nation's waters. The program uses the National Pollutant Discharge Elimination System (NPDES) permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by stormwater runoff into local water bodies.
"Outfall"means a point source as defined in the Code of Federal Regulations (CFR) at 40 CFR
122.2 at the point where a municipal separate storm sewer discharges to waters of the United States, and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United States, and are used to convey waters of the United States (40 CFR Section
122.26(b)(9)) (Order No. R4-2012-0175).
"Owner"as applied to a building or real property, means any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or real property.
"Person"means, within the context of this chapter, any natural person, firm, association, organization, partnership, business trust, corporation, or company.
"Pollutant" or "pollutants"means those "pollutants" defined in CWA Section 502(6) (33 U.S.C. Section
1362(6)), and incorporated by reference into California Water Code Section
13373, and may include, but is not limited to, garbage, debris, lawn clippings, leaves, fecal waste, biological waste, sediment, sludge, manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid or solid containing toxic or non-toxic chemicals, metals, including batteries.
"Receiving waters"means rivers, lakes, oceans, or other bodies of water that receive runoff.
"Redevelopment"means land-disturbing activity that results in the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint, addition or replacement of a structure, replacement of impervious surface area that is not part of a routine maintenance activity, and land disturbing activities related to structural or impervious surfaces. Redevelopment 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.
"Regional Board"means the appointed members of the California Regional Water Quality Control Board, Los Angeles Region.
"Restaurant"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).
"Runoff"means any runoff including stormwater and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.
"Standard urban stormwater mitigation program"means the Los Angeles countywide Stormwater Quality Management Program which includes descriptions of programs, collectively developed by the permittees in accordance with provisions of the NPDES permit, to comply with applicable federal and state law, as the same is amended from time to time.
"State Board"means the State Water Resources Control Board of the California Environmental Protection Agency (hereinafter "SWRCB").
(Ord. 1086 § 1, 2014)