The purpose of this chapter is to protect and improve water
quality of receiving waters by:
A. Reducing
illicit discharges to the municipal stormwater system to the maximum
extent practicable;
B. Eliminating
illicit connections to the municipal stormwater system;
C. Eliminating
spillage, dumping, and disposal of pollutant materials into the municipal
stormwater system;
D. Reducing
pollutant loads in stormwater and urban runoff, from land uses and
activities identified in the municipal NPDES permit; and
E. Reducing
the contribution of pollutants to the MS4 through interagency coordination.
The provisions of this chapter are adopted pursuant to the Federal
Water Pollution Control Act, also known as the "Clean Water Act,"
codified and amended at 33 U.S.C. 1251 et seq. The intent of this
chapter is to enhance and protect the water quality of the receiving
waters of the United States in a manner that is consistent with the
Clean Water Act and acts amendatory thereof or supplementary thereto;
applicable implementing regulations; the municipal NPDES permit, and
any amendment, revision, or re-issuance thereof.
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(Ord. 1086 § 1, 2014)
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.
"Clean Water Act"
means the Federal Water Pollution Control Act as amended,
33 U.S.C. 1251, et seq.
"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)
No person shall cause, or threaten to cause, the discharge of
pollutants to the MS4 by exposing such pollutants to stormwater runoff.
(Ord. 1086 § 1, 2014)
Subject commercial facilities shall implement BMPs prescribed
by the Regional Board or its executive officer, through programs or
actions made pursuant to the municipal NPDES permit, as called for
more particularly in the city's stormwater quality management program,
or any revisions made thereto.
(Ord. 1086 § 1, 2014)
Industrial facilities not subject to the general industrial
activities stormwater NPDES permit but subject to pollution control
requirements under the municipal NPDES permit, shall implement BMPs
prescribed by the regional board or its executive officer, through
programs or actions made pursuant to the municipal NPDES permit.
(Ord. 1086 § 1, 2014)
Any person engaged in a construction activity that is not subject
to the general construction stormwater activity NPDES permit, but
is subject to the municipal NPDES permit, shall comply with all requirements
specified in the stormwater management quality program, including
any revisions made thereto.
(Ord. 1086 § 1, 2014)