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ORD 318 ORDINANCE NO. 318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: Title 13 of the Rancho Palos Verdes Municipal Code is hereby amended by adding a new Chapter 13.10 thereto to read as follows: CHAPTER 13.10 Storm Water and Urban Runoff Pollution Control Sections: 13.10.010 Findings. 13.10.020 Purpose. 13.10.030 Definitions. 13.10.040 Prohibited activities. 13.10.050 Requirements for existing properties-Good Housekeeping provisions. 13.10.060 Requirements for Industrial/Commercial and Construction Activities. 13.10.070 Enforcement. 13.10.080 Conflicts with other code sections. 13.10.010 Findings. A. 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. B. 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. C. Storm water and urban runoff flows from individual properties onto streets, then through storm drains to coastal waters along the City of Rancho Palos Verdes. D. The City of Rancho Palos Verdes 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," 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. E. 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. 13.10.020 - Purpose. 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 Santa Monica Bay and surrounding coastal areas by: A. Reducing pollutants in storm water discharges to the maximum extent practicable; B. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the Municipal Storm Water System; and C. Regulating non-storm water discharges to the Municipal Storm Water System. 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 and the NPDES Permit. 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. 13.10.030 - Definitions. Except as specifically provided herein, any term used in this Chapter shall have the same meaning as that term is defined in the Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, than as such term is defined in the federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following words and phrases shall have the following meanings when used in this Chapter: A. "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. ORDINANCE NO. 318 Page 2 B. "Authorized enforcement officer" means the Director of the Department of Public Works on his or her designee. C. "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. 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. D. "City" means the City of Rancho Palos Verdes. E. "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. F. "Illicit Connection" means any man-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. G. "Illicit Discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all non-storm water discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with the Municipal NPDES Permit. H. "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. I. "Municipal NPDES Permit" means 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, and any successor permit to that permit. J. "Municipal Storm Water System" 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. K. "Non-Storm Water Discharge" means any discharge to a Municipal Storm Water System that is not composed entirely of storm water. ORDINANCE NO. 318 Page 3 L. "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 §§ 13370. M. "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. N. "Regional Board" means the California Regional Water Quality Control Board-Los Angeles Region. 0. "Storm Water Runoff' means that part of precipitation (rainfall) which travels via flow across a surface to the storm drain system 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. ORDINANCE NO. 318 Page 4 P. "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. 13.10.040 - Prohibited Activities. A. 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 pursuant to Titles 15-17 of this Code over which uncontaminated storm water runoff flows. B. Littering. No person shall 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. 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. No person shall intentionally dispose of leaves, dirt, or other landscape debris into the City's storm drain system. D. 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. E. Non-Storm Water Discharges. 1. The following Non-Storm Water Discharges into the Municipal Storm Water System are prohibited unless in compliance with a separate NPDES ORDINANCE NO. 318 Page 5 permit or pursuant to a discharge exemption by the Regional Board, the Regional Board's Executive Officer, or the State Water Resources Control Board: a. The discharge of untreated wash waters when gas stations, auto repair garages, or similar facilities are cleaned; b. The discharge of untreated wastewater from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations but excludes such operations which are neither industrial nor commercial in character; c. To the maximum extent practicable, discharges to the Municipal Storm Water System from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; d. Discharges of untreated runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; e. Commercial discharges of swimming pool filter backwash; f. Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas which results in a discharge to the Municipal Storm Water System; 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. g. To the maximum extent practicable, discharges to the Municipal Storm Water System from washing impervious surfaces in industrial/commercial areas which results in a discharge of untreated runoff to the municipal storm water system, unless specifically required by State or the City's of Los Angeles County's health and safety codes or permitted under a separate NPDES permit; h. Discharges from the washing out of concrete trucks into the Municipal Storm Water System; i. Discharges to the Municipal Storm Water System of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; and j. The disposal of hazardous wastes into trash containers which causes a direct or indirect discharge to the municipal storm water system. 2. Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II.0 of the Municipal NPDES Permit as being Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges shall not ORDINANCE NO. 318 Page 6 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. F. 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. 13.10.050 - Requirements for existing properties -- Good housekeeping provisions. 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 discharge to City streets or storm drains system 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. Sweeping and collection of debris is encouraged for trash disposal. 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 pollutants are not discharged to the municipal storm water system. D. Removal and Disposal of Debris and Residue and Other Materials. 1. Non-residential motor vehicle parking lots with more than twenty- five parking spaces that generate runoff shall be swept regularly or other equally effective measures will be utilized to remove debris from such parking lots. 2. Food wastes generated by non-residential food service and food distribution sources shall be disposed of in a manner so such wastes are not discharged to the municipal storm water system. 3. 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. ORDINANCE NO. 318 Page 7 13.10.060 - Requirements for Industrial/Commercial and Construction Activities. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be granted 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 Director of the Department of Public Works, or the Director's designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or licensed issued by the City. 13.10.070 - Enforcement. A. 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, may be summarily abated or restored by any authorized enforcement officer, and/or civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken 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 Director of Public Works shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwaste 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, and the Court shall grant, as appropriate, any or all of the following remedies: ORDINANCE NO. 318 Page 8 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 non-storm water discharge to the Storm Drain System, 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 Section shall be punishable as provided in Section 1.08.010 of this Code. Each day that a violation continues shall constitute a separate offense. ORDINANCE NO. 318 Page 9 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. Section 2. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason is held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section,subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 1st day of October , 1996. ayor ATTEST: 411/ / Cif Clerk State of California ) County of Los Angeles )SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance, being Ordinance No. 318, passed first reading on September 17, 1996 was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 1, 1996 and that the same was passed and adopted by the following roll call vote: ORDINANCE NO. 318 Page 10 AYES: McTAGGART, BYRD, FERRARO, HOLLINGSWORTH AND MAYOR LYON NOES: NONE ABSENT: NONE ABSTAIN: NONE C I T LERK ORDINANCE NO. 318 Page 11 ORD. NO. 318 liti'4171111s1, 1 RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on , October 3, 1996 , she caused to be posted the following document entitled: REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING THE RANCHO PALO'S VERDES MUNICIPAL CODE a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd . , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting . (l) 4/2 s tCrikt CLERK 30940 HAWTHORNE BOULEVARD ! RANCHO PALOS VERDES, CA 90274.5391 i (213) 377.0360