HEALTH AND SAFETY

Chapter 8.44
STORMWATER AND URBAN RUNOFF POLLUTION CONTROL REGULATIONS

8.44.010	Title
8.44.020	Findings
8.44.030	Purpose and Intent.
8.44.040	Definitions
8.44.050	Construction and Application.
8.44.060	Prohibited Activities.
8.44.070	Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges.
8.44.080	Good Housekeeping Provisions.
8.44.090	Requirements for Industrial/Commercial and Construction Activities.
8.44.095	Standard Urban Storm Water Mitigation Plan ("SUSMP") Requirements for New Development and Redevelopment Projects
8.44.100	Inspection authority.
8.44.110	Violations of stormwater and urban runoff pollution control regulations.
8.44.120	No Taking.

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8.44. 010 Title

This Chapter shall be known as the "City of Hermosa Beach Storm Water Management and Discharge Control Ordinance." (Ord. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

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8.44. 020 Findings

1. The Congress of the United States (hereinafter "Congress") has determined that pollutants contained in storm water and urban runoff are responsible for the environmental degradation of oceans, lakes, rivers, and other waters of the United States.

2. Congress, in 1987, amended the Clean Water Act of 1972 to reduce pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to regulate storm water and urban runoff discharge into municipal storm drain systems.

3. Storm water and urban runoff flows, from individual properties onto streets, then through storm drains to coastal waters along the City of Hermosa Beach.

4. The City of Hermosa Beach is a co-permittee under 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, which also serves as a NPDES permit under the Federal Clean Water Act and as a co-permittee, the city is required to implement procedures with respect to the entry of non-storm water discharges into the municipal storm water system.

5. 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. 02-1224&, § 1, Aug. 2002)

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8.44. 030 Purpose and Intent.

1. 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 MS4; and
   3. Regulating Non-Storm Water Discharges to the MS4.

2. 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.

3. 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 storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows. (Ord. 02-1224U §1, Aug. 2002)

4. 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. 01-1211 §1, Jan. 2001)

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8.44. 040 Definitions

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 ordinance conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this Chapter: (Ord. 01-1211, §2, 01-09-01)

"Area susceptible to runoff" means 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.

"Authorized enforcement officer" means the City Manager or his or her designee.

"Automotive Service Facilities" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539 (as amended).

"Best Management Practices (BMP's)" 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 BMP's 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." (Ord. 01-1211, §3, 01-09-01)

"City" means the City of Hermosa Beach.

"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, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

"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.

"Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.

"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 non-residential 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.

"Directly Adjacent" means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.

"Director" means the Director of Public Works of the City or the Director's designee.

"Discharge" means when used without qualification the "discharge of a pollutant."

"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.

"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.

"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.

"Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation.

"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.

"Good Housekeeping Practices" means 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.

"Greater than (>) 9 unit home subdivision" means any subdivision being developed for 10 or more single-family or multi-family dwelling units.

"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 percent or greater and where grading contemplates cut or fill slopes.

"Illicit Connection" means any human-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 to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non-storm water discharges except discharges pursuant to a separate NPDES permit, discharges that are identified in Part 1, "Discharge Prohibitions" of Order 01-182, and discharges authorized by the Regional Board Executive Officer.

"Infiltration" means the downward entry of water into the surface of the soil.

"Inspection" means entry and the conduct of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to:

1. Pre-inspection documentation research;
2. Request for entry;
3. Interview of facility personnel;
4. Facility walk-through;
5. Visual observation of the condition of facility premises;
6. Examination and copying of records as required;
7. Sample collection (if necessary or required);
8. Exit conference (to discuss preliminary evaluation); and,
9. Report preparation, and if appropriate, recommendations for coming into compliance.

"Material" means 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.

"Maximum Extent Practicable (MEP)" means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. See also State Board Order WQ 2000-11 at page 20.

"Municipal NPDES permit" means 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.

"Municipal Separate Storm Sewer System" or "MS4" means 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.

"New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

"Non-Storm Water Discharge" means any discharge to an MS4 that is not composed entirely of storm water.

"NPDES permit" means any waste discharge requirements issued by the California Regional Water Quality Control Board - Los Angeles Region or the State Water Resources Control Board as an NPDES permit pursuant to Water Code Section 13370 (other than the Municipal NPDES Permit).

"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.

"Parking Lot" means land area or a facility for the temporary parking or storage of motor vehicles used personally, for business or for commerce with a lot size of five thousand (5,000) square feet or more, or with twenty-five (25) or more parking spaces.

"Planning Priority Projects" mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including:

1. Ten (10) or more unit homes (includes single-family homes, multi-family homes, condominiums, and apartments);
2. A One Hundred-Thousand (100,000) or more square feet of impervious surface area industrial/commercial development; after March 10, 2003, one acre or more of impervious surface area industrial/commercial development;
3. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534, and 7536-7539);
4. Retail gasoline outlets;
5. Restaurants (SIC 5812);
6. Parking lots Five Thousand (5,000) square feet or more of surface area or with 25 or more parking spaces;
7. Redevelopment projects in subject categories that meet Redevelopment thresholds;
8. Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and
9. 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 stormwater quality, and where the following project characteristics exist:
   1. Vehicle or equipment fueling areas;
   2. Vehicle or equipment maintenance areas, including washing and repair;
   3. Commercial or industrial waste handling or storage;
   4. Outdoor handling or storage of hazardous materials;
   5. Outdoor manufacturing areas;
   6. Outdoor food handling or processing;
   7. Outdoor animal care, confinement, or slaughter; or
   8. Outdoor horticulture activities."

"Pollutant" means 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 §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 non-metals 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); Substances having characteristics such as pH less than 6 or greater than 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.

"Project" means all development, redevelopment, and land disturbing activities.

"Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. 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 or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (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 safety.

"Regional Board" means 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).

"Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils.

" "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.

"Significant Redevelopment" means land-disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site.

"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.

"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.

"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 Section 8.44.095.

"Storm event" means a rainfall event that produces more than 0.1 inch of precipitation in 24 hours unless specifically stated otherwise.

"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.

"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.

"Treatment Control BMP" 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."Storm Water Runoff" means 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.

"Urban runoff" means surface water flow produced by non-storm water resulting from residential, commercial, and industrial activities involving the use of potable and non-potable water. (Ord. 01-1211, §4, 01-09-01; Ord. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

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8.44. 050 Construction and Application.

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. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

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8.44. 060 Prohibited Activities.

1. Illicit Discharges and Connections.

   It is prohibited to establish, use, maintain, or continue illicit connections to the municipal storm water system, or to commence or continue any illicit discharges to the municipal storm water system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows.(Ord. 02,1224U §6, Aug. 2002)

2. 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 or 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.

3. Disposal of Landscape Debris.

   It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4.

4. Non-Storm Water Discharges.

   The following Non-Storm Water Discharges into the MS4 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 (e.g. motor vehicle parts), and uncovered receptacles containing hazardous materials;
   5. The discharge of chlorinated/brominated swimming pool water and filter backwash;
   6. Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4; provided, however, that non-industrial and non-commercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the non-commercial hand-washing 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;
   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;
   11. Discharge of any food or food processing wastes; and
   12. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality.

5. 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. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

6. Industrial Activities.

   No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including a NPDES general industrial activity storm water permit when required. Persons conducting industrial activities within the city shall refer to the most recent edition of the Industrial/Commercial Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from industrial activities. )Ord. 02-1224U §6-10, Aug. 2002)

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8.44. 070 Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges.

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. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

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8.44. 080 Good Housekeeping Provisions.

Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to:

1. 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 the MS4 may or does occur.

2. 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. Sweeping and collection of debris is encouraged for trash disposal.

3. 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.

4. 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.

5. Food Wastes.

   Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4.

6. 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. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

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8.44. 090 Requirements for Industrial/Commercial and Construction Activities.

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 Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the city.

2. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the city and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy:

   1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable.
   2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site.
   3. Between October 1 and April 15, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site.
   4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system.
   5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site.
   6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices.

3. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit.

4. A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction sites one acre or greater shall be developed consistent with the municipal NPDES permit. Such plans must be submitted to the city for review and approval prior to the issuance of building or grading permits. (Ord 02-1224U §13, Aug. 2002)

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8.44. 095 Standard Urban Storm Water Mitigation Plan ("SUSMP") Requirements for New Development and Redevelopment Projects.

1. Projects Requiring a SUSMP.

   The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the current Municipal NPDES Permit:

   1. Ten or more unit homes (includes developments of single family homes, condominiums and apartments);
   2. A One Hundred Thousand (100,000) or more square feet of impervious surface area industrial/commercial development; after March 10, 2003, one acre or more of impervious surface area industrial/commercial development;
   3. Automotive Service facilities (SIC 5013, 5014, 5542, 7532-7534 and 7536-7539);
   4. Retail gasoline outlets;
   5. Restaurants (SIC 5812);
   6. Parking lots Five Thousand (5,000) square feet or more of surface area or with twenty-five (25) or more parking spaces;
   7. Redevelopment projects in subject categories that meet Redevelopment thresholds;
   8. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into an Environmentally Sensitive Area (as defined herein), where the development will:
      1. Discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat; and
      2. Create 2,500 square feet or more of impervious surface area.

2. Incorporation of SUSMP into Project Plans.

   1. An applicant for a New Development or a Redevelopment Project identified in paragraph A of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan ("SWMP"), which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's (including, as applicable, post-construction Treatment Control BMP's) set forth in project plans shall meet the design standards set forth in the SUSMP and the current Municipal NPDES Permit.
   2. If a Project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred.
   3. A new single-family hillside home development or Redevelopment shall include mitigation measures to:
      1. Conserve natural areas;
      2. Protect slopes and channels;
      3. Provide storm drain system stenciling and signage;
      4. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and
      5. Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.
   4. Numerical Design Criteria: Post-construction Treatment Control BMP's for all projects must incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff:
      1. Volumetric Treatment Control BMP
         1. The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or
         2. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook - Industrial/ Commercial, (1993); or
         3. The volume of runoff produced from a 0.75 inch storm event, prior to its discharge to a storm water conveyance system; or
         4. The volume of runoff produced from a historical-record based reference 24-hour rainfall criterion for "treatment" (0.75-inch average for the Los Angeles County area) that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24-hour runoff event.
      2. Flow Based Treatment Control BMP
         1. The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or
         2. The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for Los Angeles County; or
         3. The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above.
   5. Applicability of Numerical Design Criteria: The numeric design criteria listed above shall apply to the following categories of projects required to design and implement post-construction treatment controls to mitigate storm water pollution:
      1. Single-family hillside residential developments of one (1) acre or more of surface area;
      2. Housing developments (including single-family homes, multi-family homes, condominiums, and apartments) of ten (10) units or more;
      3. A 100,000 square feet or more impervious surface area industrial/commercial development; after March 10, 2003, one acre or more of impervious surface area industrial/commercial development;
      4. Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534 and 7536-7539) [5,000 square feet or more of surface area];
      5. Retail gasoline outlets (5,000 square feet or more of impervious surface area and with projected Average Daily Traffic (ADT) of 100 or more vehicles). [Subsurface Treatment Control BMP's which may endanger public safety (i.e., create an explosive environment) are considered not appropriate];
      6. Restaurants (SIC 5812) [5,000 square feet or more of surface area];
      7. Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces;
      8. Projects located in, adjacent to or discharging directly to an Environmentally Sensitive Area that meet threshold conditions identified above in Section 8(a); and
      9. Redevelopment projects in subject categories that meet Redevelopment thresholds.
   6. The following categories of Projects which otherwise do not require a SUSMP, but which may potentially have adverse impacts on post-development storm water quality, shall be designed to include post-construction Treatment Controls to mitigate storm water pollution and the implementation of a site-specific plan to mitigate post-development storm water for New Development and Redevelopment where one or more of the following Project characteristics exist:
      1. Vehicle or equipment fueling areas;
      2. Vehicle or equipment maintenance areas, including washing and repair;
      3. Commercial or industrial waste handling or storage;
      4. Outdoor handling or storage of hazardous materials;
      5. Outdoor manufacturing areas;
      6. Outdoor food handling or processing;
      7. Outdoor animal care, confinement, or slaughter; or
      8. Outdoor horticulture activities.
   7. A SUSMP, or site-specific requirements, including post-construction storm water mitigation, shall be required for all Planning Priority Projects (as defined herein) that undergo Significant Redevelopment (as defined herein) in their respective categories.
   8. Existing single-family structures are exempt from the Redevelopment requirements set forth in this Chapter.

3. Issuance of Discretionary Permits.

   No discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph A of this Section until the Authorized Enforcement Officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements. Where Redevelopment results in an alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, the entire Project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single-family structures are exempt from the redevelopment requirements.

4. Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of Occupancy for New Development or Redevelopment Project identified in paragraph a. 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 BMP’s 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 BMP’s will be maintained in compliance with the SUSMP and other applicable regulatory requirements.

5. Granting of Waiver. The Authorized Enforcement Officer shall have the authority to grant a waiver to a Development or Redevelopment Project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all Structural or Treatment Control BMPs have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the Regional Board:

   1. Extreme limitations of space for treatment on a Redevelopment project;

   2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and

   3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten (10) feet from the soil surface.

6. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP’s.

   1. The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMP’s shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMP’s meeting the then current standards of the City and the SUSMP. 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 BMP’s at least once a year and retain proof of inspection.

   2. For residential properties where the Structural or Treatment Control BMP’s 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&R’s). Printed educational materials 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 BMP’s 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.

7. CEQA. Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act.  (Ord. 01-1211, §5, 01-09-01)

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8.44. 100 Inspection authority.

1. Authority to Inspect. The City's Director of Public Works, building officials, and representatives thereof, are authorized and directed to enforce all provisions of this Section.

2. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provision of this Chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this Chapter; provided, that: (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant. In the event the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

3. Authority to Conduct Samplings and Establishing Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. The inspections provided for herein may include but are not limited to:

   1. Inspecting efficiency or adequacy of construction or post construction BMP's;
   2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and/or treatment system discharges;
   3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;
   4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary;
   5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. (Ord. 02-1224U §17, Aug. 2002)

4. Requirement of Sample or Monitor. Any authorized enforcement officer may order that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. All costs incurred for such activity shall be borne by the party ordered to do the sampling. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the City shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by an authorized enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

5. Facility Inspections. Every restaurant, gas station, automobile repair facility, nursery, lumber yard, car wash, warehouse, grocery store, repair shop, dry cleaning facility, and launderette for which a license or permit has been issued by the City shall be periodically inspected by a representative of the director of public works. Inspections shall be conducted no less than once every year and as often as necessary to insure compliance with this Chapter as the director of public works deems appropriate. (Ord. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

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8.44. 110 Violations of stormwater and urban runoff pollution control regulations.

1. Enforcement Procedure.
   1. Any condition caused or permitted to exist in violation of:
      1. Any of the provisions of this Chapter; or
      2. 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
      3. 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
      4. 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 Attorney."
   2. For the first failure to comply with any provision contained in this Chapter, the Director of Public Works shall issue to the violator a written notice which includes the following information: (i) a description of the violation being committed; (ii) a specified time within which the violation must be corrected or within which the violator may file a written response to the Director disputing the existence of a violation; and (iii) a description of the penalties which may be imposed for continued noncompliance.
   3. If the violator demonstrates that the violation does not exist, or has been corrected, no further action need be taken. If, however, the violation exists and is not corrected within the prescribed time, the Director of Public Works may thereafter pursue any of the enforcement remedies described below in this Section.
2. Violation an Infraction.
   Violations of the provisions of this chapter shall constitute an infraction. Each day that a violation continues shall constitute a separate offense.
3. Violations Deemed a Public Nuisance.
   1. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter 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 Attorney.
   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.
4. Concealment.
   Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.
5. Civil Actions.
   In addition to any other remedies provided in this section, any violation of this Chapter 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.
   In addition to the preceding measures, violations of the provisions of this chapter are subject to the administrative penalty provisions of chapter 1.10.
6. Administrative Enforcement Powers.
   In addition to the other enforcement powers and remedies established by this Chapter, the 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: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) 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 MS4 or a non-storm 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.
7. 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.
8. Remedies.
   Remedies specified in this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal, including remedies under the Federal Clean Water Act and/or Porter-Cologne Act. The remedies provided for in this Section shall be cumulative and not exclusive.
9. Citizen Reporting.
   Members of the public are encouraged to report possible violations of this Chapter to the City's Public Works Department. (Ord. 07-1281, Sept. 2007)

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8.44. 120 No Taking.

The provisions of this Chapter shall not be construed or operated to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. (Ord. 96-1165, § 1, Nov., 1996; Ord. 94-1113, 1994)

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