Chapter 8.70
STORMWATER AND RUNOFF POLLUTION CONTROL
Sections:
8.70.010 Definitions.
8.70.020 Purpose and intent.
8.70.030 Responsibility for administration.
8.70.040 Fees.
8.70.050 Illicit connections prohibited.
8.70.060 Illicit discharges.
8.70.070 Notification.
8.70.080 Littering.
8.70.090 Use of discontinued or banned chemicals.
8.70.100 Compliance with state and federal discharge requirements.
8.70.110 Pollutant source reduction.
8.70.120 Inspection and enforcement.
8.70.010 Definitions.
For the purpose of this chapter the following definitions shall apply:
A. “40CFR” means Title 40 of the Code of Federal Regulations.
B. “Automotive service facility” means a facility that is categorized in any one of the following Standard Industrial Classification Codes: 5013, 5014, 5541, 7532 7534 or 7536 7539.
C. “Best management practices” (BMPs) means methods, measures, or practices designed and selected to reduce or eliminate the discharge of pollutants to surface waters from point and nonpoint source discharges including storm water. BMPs include structural and nonstructural controls, and operation and maintenance procedures, which can be applied before, during, and/or after pollution producing activities.
D. “CEQA” means the California Environmental Quality Act, California Public Resource Code Sections 21000 et seq., and the regulations thereunder.
E. “City” means the city of Gardena.
F. “Clean Water Act” means the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act (Title 33 USC Sections 1251 et seq.), and amended in 1987 to establish new controls on industrial and municipal stormwater discharges, and any and all subsequent amendments thereto.
G. “Dechlorinate/debrominated swimming pool discharges” means swimming pool discharges which have no measurable chlorine or bromine and do not contain any detergents, wastes, or additional chemicals not typically found in swimming pool water. The term does not include swimming pool filter backwash.
H. “Director” shall refer to the city of Gardena’s director of public works or his or her designee.
I. “Discharge” means when used without qualification the “discharge of a pollutant,” which shall mean any addition of any pollutant or combination of pollutants to waters of the United States from any point source or, any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.
J. “Hazardous substance” means any “hazardous substance” as that term is defined under California Health and Safety Code Sections 2581(g), 25501(o) and 25501.1, and pursuant to Title 42, Section 9601(14)) of the United States Code; any “hazardous waste” as that term is defined under Title 42 Section 6903(5) of the United States Code and under California Health and Safety Code Section 25501(n); any chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California Health and Safety Code Section 25249.8; and any crude oil or refined or unrefined petroleum produce, or any fraction or derivative thereof, and any asbestos or asbestos containing material. The term “hazardous substance” includes any amendments to the above-referenced statutes and regulations.
K. “Hillside property” means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater.
L. “Illicit Connection” means any man made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.
M. “Illicit Discharge” means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all non storm water discharges except discharges pursuant to an NPDES permit, discharges that are identified in Part 1, “Discharge Prohibitions” of the municipal NPDES Permit, and discharges authorized by the Regional Board Executive Officer.
N. “Impervious surface” means any surface that prevents or significantly reduces the entry of water into the underlying soil resulting in runoff from the surface in greater quantities and/or at an increased rate when compared to natural conditions prior to development including, but not limited to, parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from the use of paving or compacted gravel.
O. “Maximum extent practicable” means a standard for implementation of stormwater management programs to reduce pollutants in stormwater. Deciding factors shall include, but are not limited to, the gravity of the problem, public health risk, societal concerns, environmental benefits, pollutant removal effectiveness, regulatory compliance, public acceptance, change or successful implementation, costs and technical feasibility.
P. “Municipal NPDES permit” means an area-wide NPDES permit issued to a governmental agency or agencies permitting the discharge of stormwater from an MS4.
Q. “Municipal Separate Storm Sewer System (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, alleys, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned by a State, city, county, town or other public body, that is designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not part of a publicly owned treatment works, and which discharges to Waters of the United States.
R. “National Pollutant Discharge Elimination System (‘NPDES’) permit” means a stormwater discharge permit issued by the Los Angeles Regional Water Quality Control Board or the State Water Resources Control Board, that authorizes discharges to water of the United States and requires the reduction of pollutants in such discharges.
S. “New development project” means a discretionary development project involving land disturbing activities, structural development (including the construction or installation of a new building or structure) and the creation of impervious surfaces resulting in one or more of the following new developments:
1. An industrial/commercial development that disturbs one (1) or more acres of surface area;
2. An automotive service facility;
3. A retail gasoline outlet;
4. A restaurant, as defined in this chapter;
5. A residential subdivision with ten or more housing units;
6. Parking lots with five thousand square feet or more of surface area or with 25 or more parking spaces;
7. Any development where an urban runoff mitigation plan as described in this chapter, is otherwise required by the director of public works or the community development director, as needed to comply with any applicable municipal NPDES permit or to otherwise comply with the Clean Water Act, or state or local law.
T. “Non-stormwater discharge” means any discharge to the municipal storm drain system that is not composed entirely of stormwater.
U. “Person” means any natural person, firm, association, club, organization, corporation, partnership, sole proprietorship, business trust, company, or other entity which is recognized by law as the subject of rights or duties.
V. “Pollutant” means those pollutants defined in Section 502(c) of the Federal Clean Water Act, 33 USC, Section 1362(c) or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to, the following:
1. Artificial materials, chips or pieces of man-made materials (such as floatable plastics, paper, cartons, or pieces of metal);
2. Commercial or industrial water (such as fuels, solutions, detergents, plastic pellets, hazardous substances, fertilizer, pesticides, slag, ash and sludge);
3. Household waste (such as trash, paper, plastics, lawn clippings and yard wastes, animal fecal materials, excessive pesticides, herbicides and fertilizers, and used oil and fluids from vehicles, lawn mowers and other common household equipment);
4. Metals, including but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals, such as phosphorus and arsenic;
5. Petroleum hydrocarbons (such as crude oil, fuels, lubricants, surfactants, waste oils, solvents, coolants, condensate and grease);
6. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving water or flora or fauna of the state of California;
7. Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields);
8. Substances having characteristics with a pH of less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus;
9. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants, glues, limes, excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents; and super chlorinated water generated by potable water line flushing;
10. The term “pollutant” shall not include uncontaminated stormwater runoff potable water or reclaimed water generated by a lawfully permitted water treatment facility.
W. “Potable Water Distribution Systems Releases” means sources of flows from drinking water storage, supply and distribution systems including flows from system failures, pressure releases, system maintenance, distribution line testing, fire hydrant flow testing; and flushing and dewatering of pipes, reservoirs, vaults, and minor non invasive well maintenance activities not involving chemical addition(s). It does not include wastewater discharges from activities that occur at wellheads, such as well construction, well development (i.e., aquifer pumping tests, well purging, etc.), or major well maintenance.
X. “Premises” means any building, structure, fixture, or improvement on land, and any lot, parcel of land, land or portion of land whether improved or unimproved.
Y. “Proper disposal” means the act of disposing of material(s) in a lawful manner which ensures protection of water quality and beneficial uses of receiving water.
Z. “Receiving waters” means all surface water bodies in the Los Angeles region that are identified in the Basin Plan adopted by the Regional Board.
AA. “Redevelopment” means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance 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.
BB. “Regional board” means the California Regional Water Quality Control Board, Los Angeles Region.
CC. “Restaurant” means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812).
DD. “Retail gasoline outlet” means any retail facility engaged in selling gasoline and lubricating oils.
EE. “Runoff” means any runoff, including stormwater and dry weather flows, that reaches a receiving water body or subsurface. During dry weather, it is typically comprised of many base flow components that are either contaminated with pollutants, or that are uncontaminated.
FF. “Sidewalk Rinsing” means pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and properly disposing of all debris collected, as authorized under Regional Board Resolution No. 98-08.
GG. “State board” means the State Water Resources Control Board.
HH. “Stormwater runoff” means surface runoff and drainage associated with rain or other precipitation events.
II. “USEPA” means the United States Environmental Protection Agency.
JJ. “Watershed management area plan” means a plan for implementation of permit requirements based on the countywide stormwater management plan (“SWMMP”), but further addressing specific issues involving pollutants of concern and best management practices unique to the specific watershed management area. (Ord. 1627 §§ 1 – 10, 2002; Ord. 1622 §§ 1 – 5, 2002; Ord. 1605 § 1 (part), 2001)
8.70.020 Purpose and intent.
The purpose of this chapter is to protect the public health, welfare and safety and to reduce the quantity of pollutants being discharged to the waters of the United States through:
A. The elimination of nonstormwater discharges to the municipal stormwater system;
B. The elimination of the discharge of pollutants into the municipal storm drain system;
C. The reduction of pollutants in stormwater discharges to the maximum extent practicable;
D. The protection and enhancement of the quality of the waters of the United States in a manner consistent with the provisions of the Clean Water Act. (Ord. 1605 § 1 (part), 2001)
8.70.030 Responsibility for administration.
The responsibility for the administration, oversight and implementation of this chapter is delegated to the public works director and his or her authorized agent, deputy or representative. (Ord. 1605 § 1 (part), 2001)
8.70.040 Fees.
Fees to be charged for plan checking, inspection, enforcement, and any other activities carried out by the city under this chapter, shall be specified by resolution of the city council. (Ord. 1605 § 1 (part), 2001)
8.70.050 Illicit connections prohibited.
A. No person shall construct, utilize, maintain, operate or permit the existence of any illicit connection on any premises owned or operated by such person.
B. Any illicit connection constructed, utilized, maintained, operated or permitted to be operated on any premises owned or operated by any person, from and after the date of the adoption of this chapter, shall be terminated and removed and/or otherwise sealed in a manner approved by the public works director. (Ord. 1605 § 1 (part), 2001)
8.70.060 Illicit discharges.
A. No person shall cause any illicit discharge to enter the municipal storm water system unless such discharge: (1) consists of non storm water that is authorized by an NPDES point source permit obtained from the Regional Board, provided that the discharger is in full compliance with all requirements of the permit or waiver and other applicable laws or regulation; (2) is exempted by the Regional Board; or (3) is deemed by the director to be necessary to public health, safety or welfare. Prohibited discharges include, but are not limited to:
1. The discharge of wash waters to the MS4 from the cleaning of gas stations, auto repair garages, or other types of automotive service facilities;
2. The discharge of runoff to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;
3. The discharge of runoff to the MS4 from areas where repair of machinery and equipment which are visibly leaking oil, fluid or antifreeze, is undertaken;
4. The discharge of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials;
5. The discharge of chlorinated/brominated swimming pool water and filter backwash to the MS4;
6. The discharge of runoff from the washing of toxic materials from paved or unpaved areas to the MS4;
7. Washing impervious surfaces in industrial/commercial areas that results in a discharge of runoff to the MS4;
8. The discharge of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment to the MS4; and
9. Dumping or disposal of materials into the MS4 other than storm water, such as: (i) litter, landscape debris and construction debris; (ii) any state or federally banned or unregistered pesticides; (iii) food and food processing wastes; and (iv) fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality.
B. All persons shall use best management practices to avoid, to the maximum extent practicable, any discharge to the municipal storm drain system from property owned or operated by such person, where there has been an unmitigated release or a threat of release of leaking oils or other petroleum fluids, including but not limited to used oils, transmission oils, waste oils, cutting oils, kerosene, diesel, gasoline or antifreeze, from any machinery and/or equipment, including motor vehicles located in or on industrial sites or facilities within the city.
C. All owners and operators of industrial and/or commercial motor vehicle parking lots containing more than twenty five parking spaces shall conduct regular sweeping and other similar measures to minimize the discharge of pollutants and other debris in the municipal storm drain system.
D. Exempted Discharges. The following nonstormwater discharges are not considered illicit discharges, and are not prohibited by this chapter, provided they meet all conditions when specified by the Regional Board Executive Officer:
1. Flows from riparian habitats or wetlands;
2. Diverted stream flows permitted by the State Board;
3. Springs;
4. Rising ground waters;
5. Uncontaminated groundwater infiltration;
6. Discharges or flows from emergency fire fighting activities;
7. Reclaimed and potable landscape irrigation runoff;
8. Potable water supply and distribution system releases, provided the discharges are managed in accordance with an approved industry wide standard pollution prevention practices developed by the American Water Works Association, California Nevada Section, or equivalent document and in accordance with any other requirements that may be established by the city;
9. Foundation drains;
10. Footing drains;
11. Air conditioning condensate;
12. Water from crawl space pumps;
13. Dechlorinated/debrominated swimming pool discharges;
14. Non-commercial car washing by residents or by non-profit organizations; and
15. Sidewalk Rinsing; and
16. Any other discharge authorized by the Executive Officer of the Regional Board or specified as exempt from discharge prohibitions in any NPDES permit.
E. Any person who violates the terms of this section shall immediately commence all appropriate response actions to investigate, assess, remove and/or remediate any pollutants discharged as a result of such violation, and shall reimburse the city or other appropriate governmental agency for all costs incurred in investigating, assessing, monitoring and/or removing, cleaning up, treating or remediating any pollutants resulting from such violation, including all reasonable attorneys’ fees and environmental and related consulting fees incurred in connection therewith. (Ord. 1627 § 11, 2002; Ord. 1622 § 6, 2002; Ord. 1605 § 1 (part), 2001)
8.70.070 Notification.
A. Immediate Notification. Any person who intentionally, negligently or otherwise violates any provision of this chapter resulting in a discharge of a pollutant or pollutants to the municipal storm drain system shall immediately notify the public works director or his or her designee by telephone or in person, and shall identify at that time the location of the discharge, the date and time of the discharge, the type and concentration of the volume of pollutant discharged, as well as any corrective action taken as a result of the illicit discharge. Written notification of such discharge information shall thereafter be provided to the public works director or his or her designee within forty-eight hours of the discharge.
B. Written Report. All persons violating this chapter shall within ten calendar days after any such discharge of a pollutant or pollutants, file with the public works director a detailed written report describing the cause of the discharge, the date and time of the discharge, the type, concentration and volume of material discharged, the location of the discharge, any specific information necessary in connection with the location to fully explain the potential impacts from the discharge, and any corrective action or other measures taken in connection with the discharge, including any measures taken to prevent similar discharges in the future. Submission of this written report shall not be deemed to be a waiver or release of any person for liability, fines, or other obligations imposed under this chapter, or otherwise in the city’s code or under state or federal law. (Ord. 1605 § 1 (part), 2001)
8.70.080 Littering.
A. No person shall discharge, or cause or permit to be discharged, any refuse, hazardous waste, or infectious waste (as such terms are defined in this chapter) into the municipal storm drain system, including into any street, alley, alleyway, sidewalk, inlet, catch basin, storm basin, or drainage structure or facility which is a part thereof, or onto any public or private property, except through the discarding, depositing, disposal, or placement in containers, barrels and/or bins to be used for the proper containment and transportation of such waste material, and except for the disposal of such waste at properly licensed and permitted solid and or hazardous waste facilities.
B. Any person violating subsection A of this section shall immediately cause the proper collection and abatement of such waste material and shall remedy and clean up any premises and/or any portion of the municipal storm drain system directly or indirectly affected by such discharge.
C. Any and all costs and expenses incurred by the city in assessing and abating a violation of this section may be assessed against all violating persons, including all administrative expenses and legal fees and costs incurred by the city in assessing and abating the discharge and in enforcing the terms of this section, including litigation fees and costs. (Ord. 1605 § 1 (part), 2001)
8.70.090 Use of discontinued or banned chemicals.
No person shall use or apply any pesticide, herbicide or fungicide on any public or private property within the city, the manufacture of which has been prohibited by the United States Environmental Protection Agency and/or the California Department of Pesticide Regulation. (Ord. 1605 § 1 (part), 2001)
8.70.100 Compliance with state and federal discharge requirements.
All persons engaged in commercial or industrial activity, or in construction activity, shall comply with all stormwater discharge requirements of the United States Environmental Protection Agency and/or the State Board or Regional Board. Proof of compliance with such discharge requirements may be required by the city in a form acceptable to the director, prior to the issuance of any grading, building or occupancy permit, or any other type of permit or license issued or to be issued by the city. (Ord. 1605 § 1 (part), 2001)
8.70.110 Pollutant source reduction.
A. Treatment Systems. All persons who own, operate or maintain stormwater clarifiers, separators, sediment ponds, and other stormwater treatment systems shall at all times maintain such systems in good working order and repair. Such systems shall be constructed and installed in a manner so as to at all times permit easy and safe access for proper maintenance, repair and inspection. Treatment control BMPs shall be maintained to prevent the breeding of vectors.
B. New Development, Redevelopment and Construction.
1. Copies of Documents. All persons engaged in construction activity within the city requiring a State Construction Activity Stormwater Permit shall have at the construction site available for review: (a) a copy of the Notice of Intent for the State Construction Activities Stormwater Permit; (b) the Waste Discharge Identification Number issued by the State Water Resources Control Board; and (c) copies of the Stormwater Pollution Prevention Plan and Stormwater Monitoring Plan as required by the permit.
2. All persons engaged in construction activity within the city shall implement best management practices to avoid, to the maximum extent practicable, the discharge of pollutants to the MS4, in accordance with the city’s grading permit requirements.
3. Urban Runoff Mitigation Plan.
a. All applicants for new development, redevelopment projects in subject categories that meet redevelopment thresholds, or any new development or redevelopment project located in or directly adjacent to or discharging directly into an environmentally sensitive area where the development will (1) discharge stormwater and urban runoff that is likely to impact a sensitive biological species or habitat and (2) create 2,500 square feet or more of impervious surface area, shall submit a urban runoff mitigation plan with their project applications to the city. The urban runoff mitigation plan shall be submitted to the director for review and approval and shall comply with all requirements of the city’s municipal NPDES permit, including any applicable standard urban stormwater mitigation plan (SUSMP) developed as a part of or pursuant to the city’s municipal NPDES permit. Copies of the city’s municipal NPDES permit and any applicable SUSMP are on file with the city clerk and director for review.
b. The urban runoff mitigation plan shall be designed to reduce projected runoff for the project through incorporation of design elements or principles, in accordance with the goals set forth in the city’s municipal NPDES permit and any applicable SUSMP. Applicants shall refer to the most recent edition of the Construction Best Management Practices Handbook produced and published by the Stormwater Quality Task Force and the city’s municipal NPDES permit and any applicable SUSMP, for specific guidance on selecting structural and/or treatment control BMPs (including applicable post-construction treatment control BMPs) for reducing pollutants in stormwater runoff from urbanized areas.
c. For new development or redevelopment projects not requiring a SUSMP, but which may potentially have adverse impacts on post-development stormwater quality, a site-specific plan including post-construction treatment controls to mitigate stormwater pollution shall be required where one or more of the following project characteristics exist:
1) Vehicle or equipment fueling areas;
2) Vehicle or equipment maintenance areas, including washing and repair;
3) Commercial or industrial waste handling or storage;
4) Outdoor handling or storage of hazardous materials;
5) Outdoor manufacturing areas;
6) Outdoor food handling or processing;
7) Outdoor animal care, confinement, or slaughter; or
8) Outdoor horticulture activities.
d. Applicants shall design and provide for implementation of post-construction treatment controls to mitigate stormwater pollution for the following categories of projects:
1) Housing developments (includes single family homes, multifamily homes, condominiums, and apartments) of ten units or more;
2) Industrial/commercial development projects that disturb one (1) acre or more of surface area;
3) Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534 and 7536-7539) [5,000 square feet or more of surface area];
4) Retail gasoline outlets [5,000 square feet or more of impervious surface area and with projected Average Daily Traffic (ADT) of 100 or more vehicles]. Subsurface Treatment Control BMPs which may endanger public safety (i.e., create an explosive environment) are considered not appropriate;
5) Restaurants (SIC 5812) [5,000 square feet or more of surface area];
6) Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces;
7) Projects located in, adjacent to or discharging directly to an environmentally sensitive area that meet threshold conditions identified above in paragraph 3.a; and
8) Redevelopment projects in subject categories that meet Redevelopment thresholds.
e. Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post development storm water quality control requirements, the entire project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single family structures are exempt from the Redevelopment requirements.
f. If an applicant has included or is required to submit to the city structural and/or treatment control BMPs pursuant to this chapter, the applicant shall include in its application verification of maintenance provisions regarding such BMPs. The verification shall include the applicant’s signed statement accepting responsibility for all structural and treatment control BMP maintenance until such responsibility is legally transferred. Applicant shall also provide, as requested by the director, any other legally enforceable agreement that assigns responsibility for the maintenance of post construction structural or treatment control BMPs.
4. City Review and Plan Approval.
a. Prior to the issuance of a building permit for a new development or redevelopment project, the city shall evaluate the proposed project using the applicable SUSMP and the guidelines and BMP list approved by the Regional Board, and erosion and grading requirements of the city building official or director to determine: (i) its potential to generate the flow of pollutants into the municipal storm drain system both during and after construction; and (ii) how well the urban runoff 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 Activities Stormwater Permit for the project, in order to minimize the flow of pollutants into the municipal storm drain system.
b. No grading permit for developments with a disturbed area of five acres or greater shall be issued unless the applicant can show that a Notice of Intent to comply with the State Construction Activities Storm Waste Permit has been filed and that a stormwater pollution prevention plan has been prepared for the project.
c. The director shall approve or disapprove of the urban runoff mitigation plan within thirty calendar days of submittal or within thirty days of approval of the development project by the planning commission, where planning commission approval is required.
d. If no building permit has been issued or no construction has begun on a project within a period of one hundred eighty days of approval of an urban runoff mitigation plan, the urban runoff mitigation plan for that project shall expire. The director may extend the time by written extension for action by the applicant for a period not to exceed one hundred eighty days upon written request by the applicant showing that circumstances beyond the control of the applicant prevented the construction from commencing. In order to renew the urban runoff mitigation plan, the applicant shall resubmit all necessary forms and other data and pay a new plan review fee.
e. Stormwater runoff containing sediment, construction waste or other pollutants from the construction site and parking areas shall be reduced to the maximum extent practicable. The following best management practices shall apply to all construction projects within the city and shall be required from the time of demolition of existing structures or commencement of construction until receipt of a certificate of occupancy:
i. Sediment, construction waste, and other pollutants from construction activities shall be retained on the construction site to the maximum extent practicable.
ii. Structural controls such as sediment barriers, plastic sheeting, detention ponds, dikes, filter beams and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site.
iii. All excavated soil shall be located on the site in a manner that minimizes the amount of sediments running onto the street, drainage facilities or adjacent properties. Soil piles shall be covered with plastic or similar material until the soil is either used or removed from the site.
iv. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction or other vehicles is permitted to run off the construction site, or to otherwise enter the municipal storm drain system.
f. As a condition to granting a construction permit, the city may set reasonable limits on the clearing of natural vegetation from construction sites, in order to reduce the potential for soil erosion. These limits may include, but are not limited to, regulating the length of time soil is allowed to remain bare or prohibiting bare soil.
g. The director may require, prior to the issuance of any building or grading permit, preparation of appropriate wet weather erosion control, stormwater pollution prevention, or other plans consistent with countywide development construction guidance provisions and the goals of this chapter.
h. The director may waive the treatment requirements of the SUSMP for a specific property if the project applicant establishes the impracticability of the requirements for that property. No waiver may be granted unless all other structural or treatment control BMPs have been considered and rejected as infeasible. Recognized situations of impracticability include: (i) extreme limitations of space for treatment on a redevelopment project, (ii) unfavorable or unstable soil conditions at a site to attempt infiltration, and (iii) risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of is less than 10 feet from the soil surface. Any other justification for impracticability shall be separately petitioned by the director and submitted to the Regional Board for consideration and a waiver shall not be granted for such justification unless the justification is approved by the Regional Board Executive Officer.
5. Transfer of Properties Subject to Structural and Treatment Control BMP Maintenance.
a. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either (1) assume responsibility for maintenance of any existing structural or treatment control BMP; or (2) to replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then current standards of the city and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of such inspection.
b. Conditions, covenants and restrictions for residential properties where structural or treatment control BMPs are located that are to be maintained by a homeowner’s association shall provide for maintenance of the structural or treatment control BMPs by the homeowner’s association; if such BMPs are to be maintained by individual property owners, a written explanation of the maintenance responsibility shall be included with any deed transferring title to said individual property as well as being attached to the conditions, covenants and restrictions for the property.
c. If property on which structural or treatment control BMPs are located that is to be dedicated to a public agency, the public agency shall provide a signed statement that the agency assumes responsibility for such BMPs and that the BMPs meet all local agency design standards. (Ord. 1627 §§ 12, 13, 14, 2002; Ord. 1622 §§ 7, 8, 2002; Ord. 1605 § 1 (part), 2001)
8.70.120 Inspection and enforcement.
A. Inspections. The city manager or the director, or any designee thereof, may, on twenty-four hour oral or written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter. Such inspection may include, but is not limited to:
1. Identifying products produced, processes conducted, chemicals and materials used, stored, or maintained on the subject premises;
2. Identifying points of discharge of all waste water, nonstormwater, processed water systems and pollutants;
3. Investigating the natural slope of the premises including drainage patterns and man-made conveyance systems;
4. Establishing location of all points of discharge from the premises, whether by surface runoff or through a storm drain system;
5. Locating any illicit connection or illicit discharge;
6. A vehicle, truck, trailer, tank or other mobile equipment;
7. All records of the owner or occupant of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, 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 and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the municipal storm drain system;
8. Inspecting, sampling and testing any area runoff, soils area (including groundwater testing), process discharge, materials with any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contribution of pollutants to the municipal storm drain system;
9. Inspecting the integrity of all storm drain and sanitary sewer systems, any connection to other pipelines on the property, including the use of dye and smoke tests, video surveys, photographs or videotapes and the taking of measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;
10. The institution and maintenance of monitoring devices for the purpose of measuring any discharge or potential source of discharge to the municipal storm drain system;
11. Evaluating compliance with this chapter or the Clean Water Act.
B. Enforcement.
1. Any violation of this chapter is a misdemeanor and shall be punishable by a fine of up to one thousand dollars or six months in the county jail or both.
2. Any person who may otherwise be charged with a misdemeanor or as a result of a violation of this chapter may be charged, at the discretion of the prosecuting attorney, an administrative fine, pursuant to Chapter 1.20, Administrative Citations. The amount of the fine shall be established by resolution of the city council.
3. As a part of any sentence or other penalty imposed or the award of any damage, the court may also order that restitution be paid to the city or any injured person, or, in the case of a violator who is a minor, by the minor’s parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward.
4. Any person violating the provisions of this chapter shall reimburse the city for any and all costs incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any illicit discharge or pollutant from the municipal storm drain system; rectifying any illicit connection; or remediating any violation of this chapter. Such costs to be paid to the city include all administrative expenses and all legal expenses, including costs and attorneys’ fees, in obtaining compliance and in litigation including all costs and attorneys’ fees on any appeal. The costs to be recovered in this Section 8.70.120 shall be recoverable from any and all persons violating this chapter.
5. In the event any violation of this chapter constitutes an imminent danger to public health, safety, or the environment, the city manager or director of public works or any authorized agent thereof, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from the owner or occupant of the premises. An imminent danger shall include but is not limited to exigent circumstances created by the discharge of pollutants where such discharge presents a significant and immediate threat to the public health or safety, or the environment.
6. Violations of this chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this code and state law.
7. All costs and fees incurred by the city as a result of any violation of this chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Section 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The city attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code Section 38773.5.
8. Any person acting in violation of this chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Section 13000 et seq.) and the regulations thereunder, and other laws and regulations and may be subject to damages, fines and penalties, including civil liability under such other laws. The city attorney is authorized to file a citizen’s suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief.
9. The city attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city for all costs incurred in enforcing this chapter, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the city, and may include all legal expenses and fees and any and all costs incurred relating to the restoration or remediation of the environment.
10. Each separate discharge in violation of this chapter and each day a violation of this chapter exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation.
11. The city may utilize any and all other remedies as otherwise provided by law. (Ord. 1627 § 15, 2002; Ord. 1605 § 1 (part), 2001)