This Chapter shall be known and may be cited as the Storm Water Management and Discharge Control Ordinance.
(Ord. 96-1101 § 1)
(a)
The Federal Clean Water Act (33 U.S.(c) § 1251, et seq.,) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System ("NPDES") requirements to storm water and urban runoff discharge into municipal storm drain systems.
(b)
Storm water and urban runoff flows from individual properties onto streets, then through storm drains passing through the City.
(c)
The City of Carson is a co-permittee under the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles," issued by the California Regional Water Quality Control Board – Los Angeles Region, (Order No. 96-054), dated July 15, 1996, which also serves as an NPDES Permit under the Federal Clean Water Act (NPDES No. CAS614001), as well as Waste Discharge Requirements under California law (the "Municipal NPDES Permit"), and, as a co-permittee under the Municipal NPDES Permit, the City is required to adopt ordinances and implement procedures with respect to the entry of Nonstorm Water Discharges into the Municipal Separate Storm Sewer System.
(d)
Part 1, Section I of the Municipal NPDES Permit requires the City to effectively prohibit Nonstorm Water Discharges from within its boundaries, into that portion of the Municipal Separate Storm Sewer System (MS4) which it owns or operates and into watercourses, except where such discharges are:
(1)
In compliance with a separate individual or general NPDES Permit; or
(2)
Identified and in compliance with Part 2.11.C (Non-Storm Water Discharges) of the Municipal NPDES Permit; or
(3)
Discharges originating from Federal, State or other facilities which the City is preempted from regulating, and further provides that compliance with the terms of the Municipal NPDES Permit through the development and implementation of the programs described in the Municipal NPDES Permit will constitute compliance with the Discharge Prohibition therein.
(e)
Part 2, Section 1.E of the Municipal NPDES Permit requires the City to demonstrate by November 28, 1996, that it possesses the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction, so as to comply with the Municipal NPDES Permit and to specifically prohibit certain discharges identified in the Municipal NPDES Permit.
(f)
The Municipal NPDES Permit contemplates the development of a Countywide Storm Water Management Plan ("CSWMP") and then a Watershed Management Area Plan ("WMAP"), in which the City will participate, which will in turn require the development and the implementation of programs for, among other things, the elimination of illicit connections and illicit discharges, development planning, development construction, and public information and education requirements, and which may require the later adoption of additional legal authority to implement such programs as they are developed by the Permittees and approved by the Regional Board.
(g)
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.
(Ord. 96-1101 § 1)
(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:
(1)
Reducing pollutants in storm water discharges to the maximum extent practicable;
(2)
Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the Municipal Separate Storm Sewer System; and
(3)
Regulating Nonstorm Water Discharges to the Municipal Separate Storm Sewer System.
(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 Separate Storm Sewer System over which it has jurisdiction as required by the Municipal NPDES Permit, and thereby fully and timely comply with the terms of the Municipal NPDES Permit while the CSWMP and the WMAP are being developed by the Permittees under the Municipal NPDES Permit, and in contemplation of the subsequent amendment of this Chapter or adoption by the City of additional provisions of this Chapter to implement the subsequently adopted CSWMP and WMAP, or other programs developed under the Municipal NPDES Permit.
(d)
This Chapter also sets forth requirements for the construction and operation of certain "commercial development," "new development" and "redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board-Los Angeles Region, and on file in the office of the City Clerk of this City. This Chapter authorizes the authorized enforcement officer to define and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, 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.
(Ord. 96-1101 § 1; Ord. 01-1221U § 1)
Except as specifically provided herein, any term used in this Chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board-Los Angeles Region, or if it is not specifically defined in either the Municipal NPDES Permit or the SUSMP, 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 Section conflicts with the definition of the same term in the current Municipal NPDES Permit or the current version of the SUSMP, then the definition contained in the Municipal NPDES Permit shall govern, and if not set forth in the Municipal NPDES Permit, the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this Chapter:
(a) "Area susceptible to runoff"
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.
(b) "Authorized enforcement officer"
shall mean the City Manager or his or her designee.
(c) "Automotive service facility"
means a facility that is categorized in any one (1) of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532 – 7534, or 7536 – 7539 (as amended).
(d) "Best Management Practices (BMPs)"
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.
(f) "Commercial development"
means any development on private land that is not heavy 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.
(g) "Construction"
means constructing, clearing, grading, or excavation that results in soil disturbance. Construction includes structure teardown. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work.
(h) "Control"
means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.
(i) "Development"
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 nonresidential 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.
(j) "Directly adjacent"
means situated within two hundred (200) feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.
(k) "Discharge"
means when used without qualification the "discharge of a pollutant."
(l) "Discharging directly"
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.
(m) "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 man; 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.
(n) "Discretionary project"
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.
(o) "Disturbed area"
means an area that is altered as a result of clearing, grading, and/or excavation.
(p) "Environmentally sensitive area (ESA)"
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 § 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.
(q) "Good housekeeping practices"
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.
(r) "Greater than nine (9) unit home subdivision"
means any subdivision being developed for ten (10) or more single-family or multifamily dwelling units.
(s) "Hillside"
means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five (25) percent or greater and where grading contemplates cut or fill slopes.
(t) "Illicit connection"
shall mean any human-made conveyance that is connected to the storm drain system without a permit, excluding gutters, roof-drains and other similar connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.
(u) "Illicit discharge"
shall mean any discharge to the storm drain system that is prohibited under local, State or Federal statutes, ordinances, codes or regulations. This includes all Nonstorm Water Discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with Section II of the Municipal NPDES Permit.
(v) "Infiltration"
means the downward entry of water into the surface of the soil.
(w) "Material"
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.
(x) "Municipal NPDES Permit"
shall mean the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182, NPDES Permit No. CAS00401), dated December 13, 2001, issued by the California Regional Water Quality Control Board-Los Angeles Region, and any successor permit to that permit.
(y) "Municipal Separate Storm Sewer System or MS4"
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.
(z) "New development"
means land disturbing activities; structural development, including construction or installation of a building or structure; creation of impervious surfaces; and land subdivision.
(aa) "Nonstorm water discharge"
shall mean any discharge to a Municipal Separate Storm Sewer System that is not composed entirely of storm water.
(bb) "NPDES Permit"
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).
(cc) "One hundred thousand (100,000) square foot commercial development"
means any commercial development that creates at least one hundred thousand (100,000) square feet of impermeable area, including parking areas.
(dd) "Parking lot"
means land area or a facility for the parking or storage of motor vehicles used for business, commerce, industry or personal use with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty-five (25) or more parking spaces.
(ee) "Planning priority projects"(1) (2) (3) (4) (5) (6) (7) (8) (9) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii)
means those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including:
Ten (10) or more unit homes (includes single-family homes, multifamily homes, condominiums, and apartments);
One hundred thousand (100,000) or more square feet of impervious surface area industrial/commercial development;
Automotive service facilities;
Retail gasoline outlets;
Restaurants;
Parking lots five thousand (5,000) square feet or more of surface area or with twenty-five (25) or more parking spaces;
Redevelopment projects in subject categories that meet redevelopment thresholds;
Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and
Those projects that require the implementation of a site-specific plan to mitigate post-development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post-development storm water quality, and where the following project characteristics exist:
Vehicle or equipment fueling areas;
Vehicle or equipment maintenance areas, including washing and repair;
Commercial or industrial waste handling or storage;
Outdoor handling or storage of hazardous materials;
Outdoor manufacturing areas;
Outdoor food handling or processing;
Outdoor animal care, confinement, or slaughter; or
Outdoor horticulture activities.
(ff) "Pollutant"(1) (2) (3) (4) (5) (6)
shall mean those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.(c) § 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 or fauna of the State;
Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); and
Substances having characteristics such as pH less than six (6) or greater than nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.
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. |
(hh) "Redevelopment"
means land-disturbing activity that results in the creation, addition or replacement of at least five thousand (5,000) square feet of impervious surface area on an already developed site. 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; (2) addition or replacement of a structure; (3) replacement of impervious surface that is not part of a routine maintenance activity; and (4) land disturbing 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 and safety. Existing single-family structures are exempt from the redevelopment requirements set forth in this Chapter.
(ii) "Regional Board"
shall mean the California Regional Water Quality Control Board-Los Angeles Region.
(jj) "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).
(kk) "Retail gasoline outlet"
means any facility engaged in selling gasoline and lubricating oils.
(ll)
"Runoff' 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.
(mm) "Significant redevelopment"
means land-disturbing activity that results in the creation or addition or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site.
(nn) "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.
(oo) "Source control BMP"
means any schedule of activities, prohibition 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.
(pp) "Standard Urban Storm Water Mitigation Plan" or "SUSMP"
means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to control storm water pollution from new development and redevelopment or any project specifically identified in CMC § 5809(a).
(qq) "Storm water runoff"
shall mean that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi-pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases.
(rr) "Structural BMP"
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.
(ss) "Treatment"
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.
(tt) "Treatment control BMP"
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.
(uu) "Urban runoff"
shall mean surface water flow produced by nonstorm water resulting from residential, commercial, and industrial activities involving the use of potable and nonpotable water.
(Ord. 02-1258U §§ 1 – 4; Ord. 02-1257 §§ 1 – 4; Ord. 96-1101 § 1; Ord. 01-1221U §§ 2, 3, 4)
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.
(Ord. 96-1101 § 1)
(a)
Illicit Discharges and Connections. It is prohibited to commence, establish, use, maintain, or continue any Illicit Connections to the Municipal Separate Storm Sewer System or any Illicit Discharges to the Municipal Separate Storm Sewer System. This prohibition against Illicit Connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was established prior to, or after the effective date of this Chapter.
(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 drainage structure, business place, or upon any 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 dispose of leaves, dirt, or other landscape debris into the Municipal Separate Storm Sewer System.
(d)
Nonstorm Water Discharges. The following Nonstorm Water Discharges into the Municipal Separate Storm Sewer System 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, and uncovered receptacles containing hazardous materials;
(5)
Discharges of commercial/municipal swimming pool filter backwash to the MS4;
(6)
Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4; provided, however, that nonindustrial and noncommercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the noncommercial handwashing 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 USEPA or the California Department of Pesticide Regulation; or
(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.
(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.
(Ord. 96-1101 § 1)
Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II.C of 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 BMP's developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources.
(Ord. 96-1101 § 1)
Owners and occupants of property within the City shall comply with the following requirements:
(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 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.
(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 (25) 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 Municipal Separate Storm Sewer System.
(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.
(Ord. 96-1101 § 1)
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 City Manager or designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City.
(Ord. 96-1101 § 1)
(a)
Low Impact Development. The Planning and Land Development Program is a compliance component under Municipal NPDES Permit. Subject new development and redevelopment projects are required to comply with the following conditions: (1) low impact development (LID) structural and nonstructural best management practices (BMPs); (2) source control BMPs; and (3) structural and nonstructural BMPs for specific types of uses. LID controls effectively a reduced area of impervious area for a project site and promotes the use of infiltration and other controls that reduce runoff. Source control BMPs prevent runoff contact with pollutant materials that would otherwise be discharged to the MS4. Specific controls are also required to address pollutant discharges from certain uses including but not limited to housing developments, retail gasoline outlets, automotive-related facilities, restaurants, and industrial and commercial facilities where pollutant materials are disposed, stored, or handled.
(b)
Storm Water Management/Watershed Management Program. The City's storm water management program (SWMP) or watershed management program (WMP), whichever is in effect at the time of review, is hereby incorporated by reference and shall contain specific conditions and procedures for meeting Planning and Land Development Program. The program plans shall reference guidance documents to facilitate compliance, including, but not limited to, an updated Los Angeles County BMP guidebook, Los Angeles County Low Impact Development manual, and USEPA's Green Street guidance manual. These guidebooks and manuals shall be made available for review by the public in the Public Works Department office.
(c)
Applicability. The following development and redevelopment projects, termed "planning priority projects," shall comply with the requirements of this Section and the Municipal NPDES Permit:
(1)
All development projects equal to one (1) acre or greater of disturbed area and adding more than ten thousand (10,000) square feet of impervious surface area;
(2)
Industrial parks ten thousand (10,000) square feet or more of impervious surface area;
(3)
Commercial malls ten thousand (10,000) square feet or more of impervious surface area;
(4)
Retail gasoline outlets five thousand (5,000) square feet or more of impervious surface area;
(5)
Restaurants (Standard Industrial Classification ("SIC") 5812) five thousand (5,000) square feet or more of impervious surface area;
(6)
Parking lots five thousand (5,000) square feet or more of impervious surface area, or with twenty-five (25) or more parking spaces;
(7)
Street and road construction of ten thousand (10,000) square feet or more of impervious surface area;
(8)
Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532 through 7534 and 7536 through 7539) five thousand (5,000) square feet or more of surface area;
(9)
Redevelopment projects in subject categories that meet redevelopment thresholds identified in subsection (d) of this Section;
(10)
Projects located in or directly adjacent to, or discharging directly to a significant ecological area (SEA), where the development will:
(11)
Single-family hillside homes;
(12)
Redevelopment projects:
(i)
Land-disturbing activity that results in the creation or addition or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site on planning priority project categories.
(ii)
Where redevelopment results in an alteration to more than fifty (50) 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.
(iii)
Where redevelopment results in an alteration of less than fifty (50) 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, and not the entire development.
(iv)
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.
(v)
Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand (10,000) square feet of impervious surface area.
(13)
Any other project as deemed appropriate by the City.
(d)
Storm Water Pollution Control Requirements. The site for every planning priority project 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.
(1)
A new single-family hillside home development shall include mitigation measures to:
(i)
Conserve natural areas;
(ii)
Protect slopes and channels;
(iii)
Provide storm drain system stenciling and signage;
(iv)
Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and
(v)
Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.
(2)
Street and road construction of ten thousand (10,000) square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable.
(3)
The remainder of planning priority projects shall prepare a LID plan subject to City review and approval to comply with the following:
(i)
Retain storm water runoff on site for the Storm Water Quality Design Volume (SWQDv) defined as the runoff from:
(ii)
Minimize hydromodification impacts to natural drainage systems as defined in the Municipal NPDES Permit. Hydromodification requirements are further specified in the Low Impact Development design manual.
(iii)
When, as determined by the City, one hundred (100) percent on-site retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID plan. The technical infeasibility may result from conditions that may include, but are not limited to:
(A)
The infiltration rate of saturated in-situ soils is less than three-tenths (0.3) 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 (5) to ten (10) feet of surface grade;
(C)
Locations within one hundred (100) 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;
(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.
(iv)
If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half (1.5) 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 may be available to the project site. The project site should contact the City to determine eligibility. Alternative compliance options are further specified in the LID impact design manual.
(v)
The remaining SWQDv that cannot be retained or biofiltered on site must be treated on site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per 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:
(vi) A "multi-phased project"
may comply with the standards and requirements of this Section for all of its phases by: (a) designing a system acceptable to the City to satisfy these standards and requirements for the entire site during the first phase, and (b) implementing these standards and requirements for each phase of development or redevelopment of the site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the storm water from such later phase. For purposes of this Section, "multi-phased project" shall mean any planning priority project implemented over more than one (1) phase and the site of a multi-phased project shall include any land and water area designed and used to store, treat or manage storm water runoff in connection with the development or redevelopment, including any tracts, lots, or parcels of real property, whether developed or not, associated with, functionally connected to, or under common ownership or control with such development or redevelopment.
(e)
Issuance of Discretionary Permits. No discretionary permit may be issued for any new development or redevelopment project identified in subsection (c) of this Section until the authorized enforcement officer confirms that either project plans must comply with the applicable LID requirements.
(f)
Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of Occupancy for a new development or redevelopment project identified in subsection (c) 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 to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the LID and other applicable regulatory requirements.
(g)
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 (i) assume responsibility for maintenance of any existing structural or treatment control BMP, or (ii) to replace existing structural or treatment control BMPs with new control measures or BMPs meeting the then current standards of the City. Such requirement shall be included in any sale or lease agreement or deed for such property. 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 material will be required to 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 complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act.
(Ord. 14-1537 § 1)
(a)
Violations Deemed a Public Nuisance.
(1)
Any condition caused or permitted to exist in violation of:
(i)
Any of the provisions of this Chapter; or
(ii)
Any failure to comply with any applicable requirement of either the SUSMP or an approved Storm Water Mitigation Plan with respect to a property; or
(iii)
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
(iv)
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 or the SUSMP;
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 Prosecutor.
(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 paragraph 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 Section 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, any 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: (a) comply with the requirement, (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 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 Municipal Storm Drain System or a nonstorm 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.
(e)
Penalties. Violation of this Chapter shall be punishable as a misdemeanor as provided in CMC § 1200(a). Each day that a violation continues shall constitute a separate offense.
(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 under 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.
(Ord. 96-1101 § 1; Ord. 01-1221U §§ 5, 6; Formerly 5809)
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.
(Formerly 5810; Ord. 96-1101 § 1; Ord. 01-1221U § 5)