CC SR 20220906 I - Storm Water Ordinance Update
CITY COUNCIL MEETING DATE: 09/06/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to amend Chapter 13.10 (Storm Water and Urban
Runoff Pollution Control) of Title 13 (Public Services) of the Rancho Palos Verdes
Municipal Code.
RECOMMENDED COUNCIL ACTION:
(1) Introduce for first reading Ordinance No.__, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING CHAPTER 13.10 (STORM WATER AND URBAN RUNOFF
POLLUTION CONTROL) OF TITLE 13 (PUBLIC SERVICES) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO BE CONSISTENT WITH THE TERMS
AND PROVISIONS OF THE NEW MUNICIPAL SEPARATE STORM SEWER
SYSTEM (MS4) PERMIT, ORDER NO. R4-2012-0175.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Ken Rukavina, PE
REVIEWED BY: Same as above
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. __ (page A-1)
BACKGROUND AND DISCUSSION:
On July 23, 2021, the Los Angeles Regional Water Quality Control Board (Regional
Board) adopted the new Municipal Separate Storm Sewer System (MS4) Permit, Order
No. R4-2021-0105 (Permit). The Permit renews Order No. R4-2012-0175 adopted in
2012 that established Waste Discharge Requirements for MS4 Discharges within the
Coastal Watersheds of Los Angeles County. With this Permit, cities are required to
adhere to regulations to ensure acceptable water quality standards are being maintained
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with respect to stormwater and non-stormwater discharges, and to protect local
waterways from polluted discharges from the MS4 (i.e., storm drain system).
The Permit is required to be updated periodically. As a result, on September 11, 2021,
the new MS4 Permit (Order No. R4-2021-0105) became effective. For compliance
purposes, Staff is now required to update Chapter 13.10 of the Rancho Palos Verdes
Municipal Code to be consistent with the terms and provisions of the new Permit.
The amendment is necessary to comply with new state-required provisions in the MS4
Permit. Broadly the proposed amendment will expand existing stormwater and urban
runoff pollution control requirements related to Low Impact Development (LID) strategies
and erosion and sediment control for projects that require building, grading, and
encroachment permits. Specifically, the proposed amendment will make the following
changes:
1) Update definitions in Chapter Section 13.10.030 to match updated definitions in
the 2021 MS4 Permit;
2) Update the categories of authorized non -stormwater discharges in Sections
13.10.040 and 13.10.045 to match the 2021 MS4 Permit;
3) Require in Section 13.10.060 that all construction projects implement the minimum
Best Management Practices (BMPs) listed in Tables 7 and 8 of the 2021 MS4
Permit, and that all industrial and commercial facilities implement the BMPs in
Table 6 of the 2021 MS4 Permit; and
4) Update the list of development projects that must adhere to the LID provisions in
Section 13.10.065 to match updates in the 2021 MS4 Permit. This update includes
removing the specific requirements for Single Family Hillside developments under
existing Section 13.10.065.D. Note that the City adopted 13.10.065 (D)(1) because
it was a provision of the 2012 MS4 Permit. The 2021 MS4 Permit now binds Single
Family Hillside developments to the same LID provisions as other developments,
and in doing so removes the prior less stringent requirements for Single Family
Hillsides. This means that, despite removing 13.10.065 (D)(1), applicable Single
Family Hillside projects will be bound to more stringent LID provisions by the City’s
Municipal Code.
In addition, various references to the prior 2012 MS4 Permit have been removed from
Chapter 13.10.
Updating Chapter 13.10 (Storm Water and Urban Runoff Pollution Control) of Title 13
(Public Services) of the City’s Municipal Code by Ordinance (Attachment A) will allow
Staff to continue to work toward keeping the City in compliance with the MS4 Permit. The
proposed ordinance is not implementing any new programs at this time, merely updating
the City’s stormwater ordinance to comply with the Permit.
CONCLUSION:
Staff recommends the City Council amend Chapter 13.10 (Storm Water and Urban Runoff
Pollution Control) of Title 13 (Public Services) of the Rancho Palos Verdes Municipal
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Code to be consistent with the terms and provisions of the new MS4 Permit, Order No.
R4-2012-0175
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not amend Chapter 13.10 of the RPVMC.
2. Take other action, as deemed appropriate.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING CHAPTER 13.10 (STORM WATER AND
URBAN RUNOFF POLLUTION CONTROL) OF TITLE 13
(PUBLIC SERVICES) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO BE CONSISTENT
WITH THE TERMS AND PROVISIONS OF THE NEW
MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) PERMIT, ORDER NO. R4-2012-0175
WHEREAS, the City is authorized by Section 7 of Article XI of the State
Constitution to exercise the police power of the State by adopting regulations to promote
public health, public safety and general prosperity; and
WHEREAS, the federal Clean Water Act establishes Regional Water Quality
Control Boards in order to prohibit the discharge of pollutants in stormwater runoff to
waters of the United States; and
WHEREAS, the City is a permittee under the California Regional Water
Quality Control Board, Los Angeles Region Order No. R4-2021-0105, issued on July
23, 2021, which renews Order No. R4-2012-0175 that established Waste Discharge
Requirements for Municipal Separate Storm Sewer Systems (MS4) Discharges within
the Coastal Watersheds of Los Angeles County, Except those Discharges Originating
from the City of Long Beach MS4; and
WHEREAS, the City has the authority under the California Water Code to
adopt and enforce ordinances imposing conditions, restrictions and limitations with
respect to any activity that might degrade waters of the State; and
WHEREAS, the City is committed to a stormwater management program that
protects water quality and water supply by employing watershed-based approaches
that balance environmental and economic considerations; and
WHEREAS, urbanization has led to increased impervious surface areas
resulting in increased water runoff and less percolation to groundwater aquifers causing
the transport of pollutants to downstream receiving waters; and
WHEREAS, Low Impact Development practices are widely recognized as
an effective and sustainable approach to managing the quantity and quality of
stormwater and non-storm water runoff by establishing standards and practices to
maintain or restore the natural hydrologic character of a development site, reduce off -
site runoff, improve water quality, and provide groundwater recharge.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby
makes the following findings:
A. The above recitals are true and correct and incorporated fully herein by
reference.
B. It is the intent and purpose of this Ordinance that Chapter 13.10 (Storm
Water and Urban Runoff Pollution Control) of Title 13 (Public Services)
of the Rancho Palos Verdes Municipal Code to be consistent with the
terms and provisions of the new MS4 Permit, Order No. R4-2012-0175.
Section 2. Chapter 13.10 (Storm Water and Urban Runoff Pollution Control) of
Title 13 (Public Services) of the Rancho Palos Verdes Municipal Code is hereby amended
as follows (new text in bold underline, deletions in strikethrough):
Chapter 13.10 STORM WATER AND URBAN RUNOFF POLLUTION CONTROL
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 municipal NPDES
permit 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.
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13.10.020 Purpose.
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 Santa Monica Bay
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
storm water system; and
3. Regulating non-storm water discharges to the municipal storm water
system.
B. 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
municipal NPDES permit approved by the Regional Water Quality Control Board,
Los Angeles Region, and on file in the office of the city clerk.
C. This chapter authorizes the authorized enforcement officer to define and adopt
applicable best management practices and other storm water pollution control
measures and to cite infractions and to impose fines pursuant to this chapter.
Except as otherwise provided herein, the authorized enforcement offi cer shall
administer, implement and enforce the provisions of this section.
D. 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.
E. 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 be defined as
that term is defined in the current municipal NPDES permit, or if it is not specifically
defined in the municipal NPDES permit, then as such term is defined in the Federal Clean
Water Act, as amended, and/or the regulations promulgated hereunder. If the definition
of any term contained in the current municipal NPDES permit conflicts with the definition
contained in this chapter, then the definition contained in the municipal NPDES permit
shall govern. The following words and phrases shall have the following meanings when
used in this chapter:
"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.
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"Authorized enforcement officer" means the director of the department of public works or
his or her designee.
"Automotive service facility" means a facility that is categorized in any one of the following
Standard Industrial Classification (SIC) and North American Industry Classification
System (NAICS) codes: 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539. For
inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014,
5541, 5511 provided that these facilities have no outside activities or materials that may
be exposed to stormwater.
"Basin plan" means the Water Quality Control Plan, Los Angeles Region, Basin Plan for
the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional
Water Board on June 13, 1994 and subsequent amendments.
"Best management practices (BMPs)" means practices or physical devices or systems
designed to prevent or reduce pollutant loading from storm water or non -storm water
discharges to receiving waters, or designed to reduce the volume of storm water or non -
storm water discharged to the receiving water. Examples of BMPs may include, but are
not limited to 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.
"Biofiltration" means a low impact development (LID) BMP that reduces stormwater
pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental
infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important
factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration"
as used in this chapter is defined to include only systems designed to facilitate incidental
infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an
underdrain (subject to approval by the regional board's executive officer). Biofiltration
BMPs include bioretention systems with an underdrain and bioswales.
"Bioretention" means a LID BMP that reduces stormwater runoff by intercepting rainfall
on vegetative canopy, and through evapotranspiration and infiltration. The bioretention
system typically includes a minimum two-foot top layer of a specified soil and compost
mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As
defined in this chapter, a bioretention BMP may be designed with an overflow drain, but
may not include an underdrain. When a bioretention BMP is designed or constructed with
an underdrain it is regulated by the NPDES permit as biofiltration.
"Bioswale" means a LID BMP consisting of a shallow channel lined with grass or other
dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and
to achieve a uniform sheet flow through the dense vegetation for a period of several
minutes.
"City" means the City of Rancho Palos Verdes.
"Clean Water Act (CWA)" means the Federal Water Pollution Control Act enacted in 1972,
by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water
Act prohibits the discharge of pollutants to waters of the United States unless the
discharge is in accordance with a NPDES permit.
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"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.
"Commercial malls" means any development on private land comprised of one o r more
buildings forming a complex of stores which sells various merchandise, with
interconnecting walkways enabling visitors to easily walk from store to store, along with
parking area(s). A commercial mall includes, but is not limited to: mini -malls, strip malls,
other retail complexes, and enclosed shopping malls or shopping centers.
"Construction activity" means any construction or demolition activity, clearing, grading,
grubbing, or excavation or any other activity that result in land disturbance. Con struction
does not include emergency construction activities required to immediately protect public
health and safety or routine maintenance activities required to maintain the integrity of
structures by performing minor repair and restoration work, mainta in the original line and
grade, hydraulic capacity, or original purposes of the facility. See "routine maintenance"
definition for further explanation. Where clearing, grading or excavating of underlying soil
takes place during a repaving operation, state general construction permit coverage by
the State of California General Permit for Storm Water Discharges Associated with
Industrial Activities or for stormwater discharges associated with construction activities is
required if more than one acre is disturbed or the activities are part of a larger plan.
"Control" means to minimize, reduce or eliminate by technological, legal, contractual, or
other means, the discharge of pollutants from an activity or activities.
"Development" means 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" when used without further qualification of the term means any release, spill,
leak, pump, flow, escape, dumping, or disposal of any liquid, semi -solid, or solid
substance.
"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 that is being used as a means of
transportation. The term "discharge of a pollutant" includes additions of pollutants into
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waters of the United States from surface runoff that is collected or channeled by man;
discharges through pipes, sewers, or other conveyances owned by a state, municipality,
or other person that do not lead to a treatment works; and discharges through pipes,
sewers, or other conveyances, leading into privately owned treatment works.
"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.
"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 Section 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 as reflected on the map which is on file in the city's department
of planning, building and code enforcement.
"General construction activities storm water permit" means the general NPDES permit
adopted by the state board which authorizes the discharge of stormwater from
construction activities under certain conditions.
"General industrial activities storm water permit" means the general NPDES permit
adopted by the state board which authorizes t he discharge of stormwater from certain
industrial activities under certain conditions.
"Green roof" means a LID BMP using planter boxes and vegetation to intercept rainfall
on the roof surface. Rainfall is intercepted by vegetation leaves and through
evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a
biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting
medium shall be of sufficient depth to provide capacity within the pore space volum e to
contain the design storm depth and may not be designed or constructed with an
underdrain.
"Hillside" means a property located in an area with a slope that is 25 percent or
greater.
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"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.
"Illicit discharge" means any discharge to the MS4 that is prohibited under local, state or
federal statutes, ordinances, codes or regulations. This includes all non -storm water
discharges, except authorized non-storm water discharges; conditionally exempt non -
storm water discharges; and non-storm water discharges resulting from natural flows
specifically identified in Part III.A. of the municipal NPDES permit.
"Industrial park" means land development that is set aside for industrial development.
Industrial parks are usually located close to transport facilities, especially where more
than one transport modalities coincide: highways, railroads, airports, and navigable rivers.
It includes office parks, which have offices and light industry.
"Infiltration" means the downward entry of water into the surface of the soil.
"Low impact development (LID)" means the implementation of systems and practices
that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire
and/or 3) harvest and use precipitation near to where it falls to earth.consists of
building and landscape features designed to retain or filter stormwater runoff.
"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.
"Municipal NPDES permit" or "MS4 permit" means the "waste discharge requirements for
municipal separate storm sewer system (MS4) discharges within the Coastal Watersheds
of Los Angeles and Ventura Countiesy, except those discharges originating from the
City of Long Beach MS4" (Order No. R4-202112-01750105, NPDES Permit No.
CAS0040041), issued on November 8, 2012September 11, 2021, issued by the Los
Angeles Regional California Regional Water Quality Control Board, and any successor
permit to that permit.
"Municipal separate storm sewer system (MS4)" or "municipal storm water system""
means a conveyance or system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
drains):
1. Owned or operated by a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to state law)
having jurisdiction over disposal of sewage, industrial wastes, stormwater,
or other wastes, including special districts under state law such as a sewer
district, flood control district or drainage district, or similar entity, or an Indian
tribe or an authorized Indian tribal organization, or a designated and
approved management agency under Section 208 of the CWA that
discharges to waters of the United States;
2. Designed or used for collecting or conveying stormwater;
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3. That is not a combined sewer; and
4. That is not part of a publicly owned treatment works (POTW) as defined at
40 C.F.R. Section 122.2. (40 C.F.R. Section 122.26(b)(8)).
"National Pollutant Discharge Elimination System (NPDES)" means the national program
for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing
permits, and imposing and enforcing pretreatment requirements, under CWA Section
307, 402, 318, and 405. The term includes an "approved program."
"Natural drainage system" means a drainage system that has not been modified using
engineering controlsimproved (e.g., channelized or armored). The clearing or dredging
of a natural drainage system does not cause the system to be classified as an improved
drainage systemmodified for purposes of the “Hydromodification Management in
the MS4 permitmunicipal NPDES Permit.
"New development" means land disturbing activities; structural development, including
construction or installation of a building or structure, creation of impervious surfaces; and
land subdivision.
"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.
"Parking lot" means land area or facility for the parking or storage of motor vehicles used
for businesses, commerce, industry, or personal use , with a lot size of 5,000 square
feet or more of surface area, or with 25 or more parking spaces.
"Pollutant" means those pollutants defined in Section 502(6) of the Federal Clean Water
Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section
13373. Examples of pollutants include, but are not limited to the following:
1. Commercial and industrial waste (such as fuels, solvents, detergents,
plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and
sludge);
2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and
non-metals such as phosphorus and arsenic;
3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
solvents, coolants and grease);
4. 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;
5. Animal wastes (such as discharge from confinement facilities, kennels,
pens, recreational facilities, stables, and show facilities);
6. Substances having characteristics such as pH less than six or greater than
nine, or unusual coloration or turbidity, or excessive levels of fecal coliform,
or fecal streptococcus, or enterococcus;
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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 eliminate d 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. The term
is not limited to "project" as defined under CEQA (Pub. Resources Code Section 21065).
"Rainfall harvest and use" means a LID BMP system designed to capture runoff, typically
from a roof but can also include runoff capture from elsewhere within the site, and to
provide for temporary storage until the harvested water can be used for irrigation or non -
potable uses. The harvested water may also be used for potable water uses if the system
includes disinfection treatment and is approved for such use by the local building
department. Currently, neither the city nor the County of Los Angeles Department of
Public Health permit harvested rainfall for potable water use.
"Receiving water" means "water of the United States" into which waste and/or pollutants
are or may be discharged.
"Redevelopment" means land-disturbing activity that results in the creation, addition or
replacement of at least 5,000 square feet of impervious surface area on an already
developed site for all project categories except single family residential projects. For
existing single family dwelling and accessory structures, redevelopment is the creation,
addition, or replacement of 10,000 square feet or more of impervious surface area.
"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)
the addition or replacement of a structure; (3) the replacement of an 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 an emergency redevelopment activity that is
required to protect public health and safety.
"Regional board" means the California Regional Water Quality Control Board, Los
Angeles Region.
"Restaurant" means establishments primarily engaged in the retail sale of prepared
food and drinks for on-premise or immediate consumption. Caterers and industrial
and institutional food service establishments are also included in this industrya
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
– SIC 5541 and NAICS 447110 and 447190.
"Routine maintenance" includes, but is not limited to projects conducted to:
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1. Maintain the original line and grade, hydraulic capacity, or original purpose
of the facility.
2. Perform as needed restoration work to preserve the original design grade,
integrity and hydraulic capacity of flood control facilities.
3. Carry out road shoulder work, re-grade dirt or gravel roadways and
shoulders and perform ditch cleanouts.
4. Update existing lines* and facilities to comply with applicable codes,
standards, and regulations regardless if such projects result in increased
capacity.
5. Repair leaks
Routine maintenance does not include construction of new** lines or facilities resulting
from compliance with applicable codes, standards and regulations.
*Update existing lines includes replacing existing lines with new materials or pipes.
**New lines are those that are not associated with existing facilities and are not part of a
project to update or replace existing lines.
"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 ecological areas (SEAs)" means an area that is determined to possess
an example of biotic resources that cumulatively represent biological diversity, for
the purposes of protecting biotic diversity, as part of the Los Angeles County
General Plan. Areas are designated as SEAs, if they possess one or more of the
following criteria:
1. The habitat of rare, endangered, and threatened plant and animal species.
2. Biotic communities, vegetative associations, and habitat of plant and animal
species that are either one of a kind, or are restricted in distribution on a regional
basis.
3. Biotic communities, vegetative associations, and habitat of plant and animal
species that are either one of a kind or are restricted in distribution in Los Angeles
County.
4. Habitat that at some point in the life cycle of a species or group of species,
serves as a concentrated breeding, feeding, resting, migrating grounds and is
limited in availability either regionally or within Los Angeles County.
5. Biotic resources that are of scientific interest because they are either an
extreme in physical/geographical limitations, or represent an unusual variation in
a population or community.
6. Areas important as game species habitat or as fisheries.
7. Areas that would provide for the preservation of relatively undisturbed
examples of natural biotic communities in Los Angeles County.
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8. Special areas.
"Site" means 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.
"Storm drain system" means any facility or any parts of the facility, including streets,
gutters, conduits, natural or artificial drains, channels and watercourse that are used for
the purpose of collecting, storing, transporting or disposing of stormwater and are located
within the city.
"Storm water or stormwater" means runoff and drainage related to precipitation events
(pursuant to 40 CFR Section 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).
"Storm water runoff" or "urban runoff" means surface water flow produced by storm and
non-storm events. Non-storm events include flow from residential, commercial or
industrial activities involving the use of potable and non -potable water. When all other
factors are constant, runoff increases as the perviousness of a surface decreases.
"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
adsorption or any other physical, biological, or chemical process. 13.10.040 Prohibited
activities.
A. Illicit Discharges and Connections. No person shall commence, establish, use,
maintain, or continue any illicit connections to the MS4 or any illic it discharges to
the MS4. 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. 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 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 or
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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 a storm drain.
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 should 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. All non-storm water discharges into the MS4 are
prohibited unless those flows are:
1. In compliance with a separate NPDES permit;
2. Pursuant to a discharge exemption by the regional board, the regional
board's executive officer, or the state water resources control board;
3. Associated with emergency firefighting activities (i.e., flows necessary for
the protection of life or property);
4. Natural flows as defined in the municipal NPDES permit;
5. Conditionally exempt non-storm water discharges as defined in accordance
with the municipal NPDES permit; or
6. Authorized as a temporary non-storm water discharge by USEPA pursuant
to Sections 104(a) or 104(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA); or
7. Regulated by a conditional waiver or WDRs for agricultural lands..
F. Prohibited discharges include, but are not limited to:
1. The discharge of wash waters to the MS4 from commercial auto washing or
when gas stations, auto repair garages, or other type of automotive service
facilities are cleaned;
2. The discharge of water to the MS4 from mobile auto washing, steam
cleaning, mobile carpet cleaning, and other such mobile commercial and
industrial operations;
3. Discharges to the MS4 from areas where rep air of machinery and
equipment, including motor vehicles, which are visibly leaking oil, fluid, or
antifreeze, is undertaken;
4. Discharges of runoff to the MS4 from storage areas of materials containing
grease, oil, or other hazardous substances, and uncovered receptacles
containing hazardous materials;
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5. Discharges of commercial/residential swimming pool filter backwash to the
MS4;
6. Discharges of runoff from the washing of toxic materials from paved or
unpaved areas to the MS4;
7. Discharges to the MS4 from washing impervious surfaces in
industrial/commercial areas, unless specifically required by the state's, or
the city's, or Los Angeles County's Health and Safety Codes, or permitted
under a separate NPDES permit;
8. Discharges to the MS4 from the washing out of concrete or cement laden
wash water from concrete trucks, pumps, tools, and equipment;
9. Discharges to the MS4 of any pesticide, fungicide, or herbicide banned by
the USEPA or the California Department of Pesticide Regulation or a
product registered under the Federal Insecticide, Fungicide and
Rodenticide Act to any waste stream that may ultimately be released to
waters of the United States unless specifically authorized under an NPDES
permit. This requirement is not applicable to product s used for lawn and
agricultural purposes.
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.
G. Discharges in Violation of the Municipal 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.
13.10.045 Exempted discharges, conditionally exempted discharges or designated
discharges.
Discharges from those activities specifically identified in, or pursuant to, Part III.A.1 -3 4
of the municipal NPDES permit as being exempted discharges, conditionally exempte d
discharges, or designated discharges shall not be considered a violation of this chapter,
provided that any such discharges are consistent with Part III.A of the municipal NPDES
permit and:
A. Applicable BMPs developed pursuant to the municipal NPDES pe rmit are
implemented to minimize any adverse impacts from such identified sources;
B. The discharger meets all notification, reporting and recordkeeping requirements;
and
C. The discharger has conducted all applicable monitoring requirements.
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13.10.050 Requirements for existing properties.
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 and diverted
so that flow is directed to landscaped areas for infiltration where possible.
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 25 parking spaces
that generate runoff shall be swept regularly or other equally effective
measures will be utilized to remove oil, chemicals, debris or other polluting
materials from such parking lots. Sweeping and collection of debris is
encouraged for trash disposal.
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, fu el and chemical
wastes, animal wastes, garbage, batteries, or other materials which have
potential adverse impacts on water quality.
E. Maintenance of Structural BMPs. Structural BMPs required by the city, County of
Los Angeles, or any state or federal agency shall be properly operated and
maintained, as specified by an approved storm water mitigation plan (SWMP), or
otherwise determined by the authorized enforcement officer. Records and
documentation of such maintenance shall be provided to the director upon request.
13.10.060 Requirements for industrial/commercial and construction activities.
A. Each industrial discharger, discharger associated with construction activity, or
other discharger described in any general NPDES 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 and the provisions of this chapter. 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 NPDES
permit may be required in a form acceptable to the authorized enforcement officer,
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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.
B. Non-storm water discharges to the MS4 from industrial, commercial, or
construction activities in violation of any applicable NPDES permit o r the provisions
of this chapter are prohibited.
C. Industrial and commercial dischargers shall implement effective BMPs listed in
Table 6 of the municipal NPDES permit, unless a particular pollutant
generating activity does not occur on a facility’s site. and Ddischargers
associated with construction activities shall implement an effective combination
of the erosion and sediment control BMPs, including source control BMPs, in
accordance with Table 10 7 and/or Table 8 of the municipal NPDES permit
(where applicable)of Part VI.D.6.f of the municipal NPDES permit unless a
particular pollutant generating activity does not occur on a facility's site.
13.10.065 Low impact development requirements for new development and
redevelopment.
A. Objective. The provisions of this section establish requirements for construction
activities and facility operations of development and redevelopment projects to
comply with the current MS4 permitmunicipal NPDES Permit (Order No. R4-
2012-0175), to lessen the water quality impacts of development by using smart
growth practices, and integrate LID practices and standards for stormwater
pollution mitigation through means of infiltration, evapotranspiration, biofiltration,
and rainfall harvest and use. LID shall be inclusive of new development and/or
redevelopment requirements.
B. Scope. This section contains requirements for stormwater pollution control
measures in development and redevelopment projects and authorizes the city to
further define and adopt stormwater pollution control measures, and to develop
LID principles and requirements, including but not limited to the objectives and
specifications for integration of LID strategies. Except as otherwise provided
herein, the city shall administer, implement and enforce the provisions of this
section.
C. Applicability. This section applies to the following new development and
redevelopment projects which are subject to city conditioning and approval for the
design and implementation of post-construction controls and other BMPs to
mitigate stormwater pollution, prior to completion of the project(s), listed in Part
VIII.F.1.a-b of the municipal NPDES permit. as follows:
1. New Development Projects.
a. All development projects, including all single family homes,
equal to one acre or greater of disturbed area that adds more
than 10,000 square feet of impervious surface area.
b. Industrial parks 10,000 square feet or more of surface area.
c. Commercial malls 10,000 square feet or more of surface area.
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d. Retail gasoline outlets with 5,000 square feet or more of surface
area.
e. Restaurants (Standard Industrial Classification (SIC) of 5812)
with 5,000 square feet or more of surface area.
f. Parking lots with 5,000 square feet or more of impervious
surface area, or with 25 or more parking spaces.
g. Street and road construction of 10,000 square feet or more of
impervious surface area (see subsection (D)(2)). Street and road
construction applies to standalone streets, roads, highways,
and freeway projects, and also applies to streets within larger
projects.
h. Automotive service facilities (Standard Industrial Classification
(SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000
square feet or more of surface area.
i. Projects located in or directly adjacent to, or discharging
directly to an significant ecological area (SEA), where the
development will:
i. Discharge stormwater runoff that is likely to impact a sensitive
biological species or habitat; and
ii. Create 2,500 square feet or more of impervious surface area.
j. New single-family hillside homes that do not meet the criteria
subsection (C)(1)(a) in this section shall implement the
measures of subsection (D)(1).
12. Redevelopment Projects.
a. 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 for categories identified in subsection
(C)(1).
ab. Where redevelopment results in an alteration to more than 50 percent of
impervious surfaces of a previously existing development, and the existing
development was not subject to post-construction stormwater quality
control requirements, the entire project must be mitigated.
bc. Where redevelopment results in an alteration of less than 50 percent of
impervious surfaces of a previously existing development, and the existing
development was not subject to post-construction stormwater quality
control requirements, only the alteration must be mitigated, and not the
entire development.
cd. 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
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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.
e. Existing single-family dwelling and accessory structures are exempt from
the redevelopment requirements unless such projects create, add, or replace
10,000 square feet of impervious surface area.
D. Specific Requirements.
1. New Single-Family Hillside Homes. The construction of new single-
family hillside homes that do not meet the criteria of subsection
(C)(1)(a) are exempt from the requirements of subsection (D)(3) but
shall include mitigation measures to:
a. Conserve natural areas;
b. Protect slopes and channels;
c. Provide storm drain system stenciling and signage;
d. Divert roof runoff to vegetated areas before discharge unless the
diversion would result in slope instability; and
e. Direct surface flow to vegetated areas before discharge, unless the
diversion would result in slope instability.
12. Street and road construction of 10,000 square feet or more of impervious
surface are exempt from the new development /redevelopment project
performance criteria of Part VI.D.7.c of the MS4 permitmunicipal NPDES
Permit but shall follow the city's green streets manual to the maximum
extent practicable, consistent with the city's green streets policy.
23. New Development and Redevelopment Projects. Unless otherwise
exempted in this chapter or in the MS4 permitmunicipal NPDES Permit,
the site for every new development and redevelopment project shall comply
with Part VI.D.7.c of the MS4 permitmunicipal NPDES Permit and 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 non-potable rainfall harvest and use
in accordance with the requirements set forth in the MS4 permitmunicipal
NPDES Permit. The project applicant shall prepare a storm water mitigation
plan which implements set LID standards and practices for stormwater
pollution mitigation, provides documentation to demonstrate compliance
with the MS4 permitmunicipal NPDES Permit on the plans and permit
application submitted to the city, and complies with the following:
4. Retain stormwater runoff onsite for the Stormwater Quality Design Volume
(SWQDv) defined as the runoff from:
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a. The 85th percentile 24-hour runoff event as determined from the Los
Angeles County 85th percentile precipitation isohyetal map; or
b. The volume of runoff produced from a 0.75 inch, 24-hour rain event,
whichever is greater.
5. Minimize hydromodification impacts to natural drainage systems as defined
in the municipal NPDES permit.
E. Technical Infeasibility.
1. Some relief, as outlined later in this section, from the MS4 permitmunicipal
NPDES Permit (Part VI.D.7.c) requirements may be granted for technical
infeasibility. To demonstrate technical infeasibility, the project applicant
must demonstrate that the project cannot reliably retain 100 percent of the
SWQDv on-site, even with the maximum application of green roofs and
rainwater harvest and use, and that compliance with the applicable post -
construction requirements would be technically infeasible by submitting a
site-specific hydrologic and/or design analysis conducted and endorsed by
a registered professional engineer, geologist, architect, and/or landscape
architect. Technical infeasibility may result from conditions including the
following:
2. The infiltration rate of saturated in-situ soils is less than 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 onsite;
3. Locations where seasonal high groundwater is within five to ten feet of
surface grade;
4. Locations within 100 feet of a groundwater well used for drinking water;
5. Brownfield development sites or other locations where pollutant
mobilization is a documented concern;
6. Locations with potential geotechnical hazards;
7. Smart growth and infill or redevelopment locations where the density and/or
nature of the project would create significant difficulty for compliance with
the onsite volume retention requirement.
8. If partial or complete onsite retention is technically infeasible, the project
site may biofilter 1.5 times the portion of the remaining SWQDv that is not
reliably retained onsite. Biofiltration BMPs must adhere to the design
specifications provided in the MS4 permitmunicipal NPDES Permit
(Order No. R4-2012-0175).
9. The remaining SWQDv that cannot be retained or biofiltered onsite must be
treated onsite to reduce pollutant loading. BMPs must be selected and
designed to meet pollutant-specific benchmarks as required by the MS4
permitmunicipal NPDES Permit. Flow-through BMPs may be used to treat
the remaining SWQDv and must be sized based on a rainfall intensity of:
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a. 0.2 inches per hour, or
b. The one year, one-hour rainfall intensity as determined from the most
recent Los Angeles County isohyetal map, whichever is greater.
F. Exemptions from LID Requirements. The provisions of this chapter do not apply to
any of the following:
1. A development involving only emergency construction activity required to
immediately protect public health and safety;
2. Infrastructure projects within the public right-of-way, excluding street and
road construction of 10,000 square feet or more of impervious surface;
3. A new development or redevelopment involving only activity related to utility
services (storm drain, sewer, gas, water, cable, or electricity services) on
private property;
4. A new development or redevelopment involving only resurfacing and/or re-
striping of permitted parking lots, where the original line and grade,
hydraulic capacity, and original purpose of the facility is maintained;
5. A project not requiring a city building, grading, demolition or other permit for
construction activity.
G. City Review and Approval. Prior to the issuance of a building permit for a new
development or redevelopment project, the city shall evaluate the proposed project
using the MS4 permitmunicipal NPDES Permit, and erosion and grading
requirements of the city building official or authorized enforcement officer to
determine (i) its potential to generate the flow of pollutants into the MS4 after
construction; and (ii) how well the storm water mitigation plan for the proposed
project meets the goals of this chapter. Each plan will be evaluated on its own
merits according to the particular characteristics of the project and the site to be
developed. Based upon the review, the city may impose conditions upon the
issuance of the building permit, in addition to any required by the state construction
general permit for the project, in order to minimize the flow of pollutants into the
MS4.
H. Issuance of Discretionary Permits. No discretionary permit may be issued for any
new development or redevelopment project identified in this section until the
authorized enforcement officer confirms that the project plans comply with the
applicable LID requirements. Where redevelopment results in an alteration to more
than 50 percent of impervious surfaces of a previously existing deve lopment, 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 50 percent 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.
I. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of
occupancy for a project subject to this chapter, the director shall require facility
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operators or owners to build all BMPs that are shown on the approved project plans
and to submit an owner signed certification stateme nt stating that the site and all
LID BMPs will be maintained in compliance with the storm water mitigation plan
and other applicable regulatory requirements.
J. Transfer of Properties Subject to Requirement for Maintenance of BMPs.
1. The transfer or lease of a property subject to a requirement for maintenance
of BMPs shall include conditions requiring the transferee and its successors
and assigns to either: (a) assume responsibility for maintenance of any
existing BMP, or (b) to replace an existing BMP with new control measures
or BMPs meeting the then current standards of the city and the municipal
NPDES permit. 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 BMPs at least once a year and retain proof
of inspection.
2. For residential properties where the LID 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 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 requi red with any
subsequent sale of the property.
3. If LID 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.
13.10.070 Enforcement.
A. Violations Deemed a Public Nuisance.
1. A violation of any provision of this chapter is declared to be a public
nuisance, and the city attorney is authorized to abate such violation by
means of a civil action in addition to whatever other remedies are available
to the city under this code and other applicable laws, rules or regulations.
Additionally, the following conditions shall be considered a public nuisance:
a. Any failure to comply with any applicable requirement of this chapter
or the municipal NPDES permit; or
b. 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
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c. 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, this chapter, or the municipal NPDES permit.
2. The above listed conditions are hereby determined to be a threat to the
public health, safety and welfare, are 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.
3. 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. If any violation of this chapter constitutes a seasonal and
recurrent nuisance, the authorized enforcement officer 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
section shall constitute a public nuisance and a violation of this chapter.
B. Inspections.
1. Whenever necessary to make an inspection to enforce any of the provisions
of this section, or whenever an authorized enforcement officer has
reasonable cause to believe that there exists on any construction site any
condition which constitutes a violation of the provisions of this section, the
authorized enforcement officer may, upon consent or upon obtaining an
inspection warrant, enter such construction site at all reasonable times to
inspect the same or perform any duty imposed upon the officer by this
section.
2. Routine or area inspections shall be based upon such reasonable selection
process as may be deemed necessary to carry out the objectives of th is
chapter, including, but not limited to, random sampling and/or sampling in
areas with evidence of storm water contamination, discharges of non -
stormwater to the MS4, discharges which are not pursuant to an NPDES
permit, or similar factors.
3. Right to Inspect. Prior to commencing any inspection as herein below
authorized, the authorized enforcement officer shall obtain either the
consent of the owner, his/her authorized representative or the occupant of
the property or shall obtain an administrative inspection warrant or criminal
search warrant.
4. Entry to Inspect. The authorized enforcement officer may enter property to
investigate the source of any discharge to any public street, inlet, gutter,
storm drain or any other part of the MS4 located within the jurisdiction of the
city.
5. Compliance Assessments. The authorized enforcement officer may inspect
property for the purpose of verifying compliance with this chapter, including
but not limited to (a) identifying products produced, processes conducted ,
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chemicals used and materials stored on or contained within the property;
(b) identifying point(s) of discharge of all wastewater, process water
systems and pollutants; (c) investigating the natural slope at the location,
including drainage patterns and man-made conveyance systems; (d)
establishing the location of all points of discharge from the property, whether
by surface runoff or through a storm drain system; (e) locating any illicit
connection or the source of prohibited discharge; (f) evaluating compliance
with any permit issued relating to a discharge to the stormwater drainage
system.
6. Portable Equipment. For purposes of verifying compliance with this chapter,
the authorized enforcement officer may inspect any vehicle, truck, trailer,
tank truck or other mobile equipment.
7. Records Review. The authorized enforcement officer may inspect all
records of the owner or occupant of property relating to chemicals or
processes presently or previously occurring on-site, including material
and/or chemical inventories, facilities maps or schematics and diagrams,
material safety data sheets, hazardous waste manifests, business plans,
pollution prevention plans, state general permits, stormwater pollution
prevention plans, monitoring program plans and any other record(s) relating
to illicit connections, prohibited discharges, or any other source of
contribution or potential contribution of pollutants to the stormwater
drainage system.
8. Sample and Test. The authorized enforcement officer may inspect, sample
and test any area runoff, soils area (including groundwater testing), process
discharge, materials within any waste storage area (including any container
contents), and/or treatment system discharge for the purpose of
determining the potential for contribu tion of pollutants to the stormwater
drainage system. The authorized enforcement officer may investigate the
integrity of all storm drain and sanitary sewer systems, any legal
nonconforming connection or other pipelines on the property using
appropriate tests, including but not limited to smoke and dye tests or video
surveys. The authorized enforcement officer may take photographs or video
tape, make measurements or drawings, and create any other record
reasonably necessary to document conditions on the property.
9. Monitoring. The authorized enforcement officer may erect and maintain
monitoring devices for the purpose of measuring or sampling any discharge
or potential source of discharge to the stormwater drainage system.
10. Test Results. The owner or occupant of property subject to inspection shall,
on submission of a written request, receive copies of all monitoring and test
results conducted by the authorized enforcement officer.
C. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of
any provision of this chapter shall constitute a violation of such provision.
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D. 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:
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.
E. 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 mate rial, in any
manner that he or she may reasonably provide. The recipient of such notice
shall undertake the activities as described in the notice.
F. Penalties. Violation of this section shall be punishable as provided in Section
1.08.010 (Misdemeanors—Infractions—Nuisances) of this code. Each day that a
violation continues shall constitute a separate offense.
G. 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 p ermit or license, any
person in violation of such condition is subject to the permit revocation procedures
set forth in this code.
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H. 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.
13.10.080 Fees.
Fees for plan reviews, inspections, violations, corrections, and tasks associated with this
chapter may be established by resolution of the city council.
Section 3. The City Council hereby finds, in the exercise of its independent
judgment and analysis, that this Ordinance is exempt from the California Environmental
Quality Act (“CEQA”) because this Ordinance will not have a significant effect on the
environment, and the adoption of this Ordinance and the timing thereof is mandated by
the action of the Los Angeles Regional Water Quality Control Board (“LARWQCB”). In
this case, the City is acting at the direction of the LARWQCB and federal law to protec t,
maintain, restore and enhance natural resources and the environment. To comply with
the requirements of the LARWQCB, the City Council finds that the adoption of this
Ordinance is categorically exempt from the requirements of the California Environmental
Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15307 and 15308.
Furthermore, this Ordinance will have no possible significant effect on the environment,
given that the provisions of this Ordinance provides similar regulations as currently exist
and will not in and of themselves cause any change in the environment. Staff is hereby
directed to prepare and post a notice of exemption pursuant to Guidelines Section 15062.
Section 4. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason 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
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code Section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code Section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
Section 6. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this 20th day of September 2022.
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David L. Bradley, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Ordinance No. 2022-__, was introduced by the City Council of said City at a
regular meeting thereof held on September 6, 2022, and that the same was passed and
adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Teresa Takaoka, City Clerk
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