Arcadia Municipal Code Part 2 General Prohibitions

A. Except as otherwise conditionally authorized by the Permit, and subject to any requirements specified by the Director, no person shall:

(1) discharge nonstormwater to the City's storm drain system or to receiving waters except in compliance with the requirements of this Chapter;

(2) cause, allow or facilitate any prohibited discharge;

(3) discharge, cause, allow or facilitate any discharge that may cause or threaten to cause a condition of pollution or nuisance as defined in Water Code section 13050, that may cause, threaten to cause or contribute to an exceedance of any water quality standard in any Statewide Water Quality Control Plan, California Toxics Rule, or Basin Plan, or that may cause or contribute to the violation of any receiving water limitation.

B. The Director may limit or prohibit any discharge which is conditionally authorized by the Permit if the discharge is a source of pollutants or causes or contributes to an exceedance of applicable receiving water limitations or water quality based effluent limitations, including but not limited to imposing conditions on such discharge, requiring control measures and other actions to reduce pollutants, requiring diversion of the discharge to the sanitary sewer, or requiring pretreatment.

C. The Director may require any person to obtain a permit from the City before discharging, or causing, allowing, or facilitating any discharge to the storm drain system. It is unlawful to discharge, cause, allow, or facilitate any discharge to the storm drain system in violation of any permit so required.

D. Prohibited discharges or deposits include, but are not limited to, the following:

(1) Wash waters when gas stations, auto repair garages or other types of automotive related service facilities are cleaned;

(2) Untreated wastewater from mobile auto washing, steam cleaning, mobile steam cleaning and other such mobile commercial and industrial operations;

(3) Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze is undertaken, to the maximum extent practicable;

(4) Discharges of untreated runoff from storage areas of materials containing grease, oil or other hazardous substances, and uncovered receptacles containing hazardous materials;

(5) Discharge of filter backwash or chlorinated/brominated water from swimming pools;

(6) Discharge of untreated runoff from the washing of toxic materials from paved or unpaved areas;

(7) Discharge of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment;

(8) Any pesticide, fungicide or herbicide banned by the United States Environmental Protection Agency of the California Department of Pesticide Regulation;

(9) Discharge or disposal of food and food processing wastes;

(10) Discharge or disposal of litter, landscape debris, and construction debris. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except containers or in lawfully established waste disposal facilities;

(11) Animal waste. Each person responsible for any animal shall promptly pick up waste from the animal which is deposited in a public area and properly dispose of it in a trash receptacle.

E. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in Section 7820, unless the Director determines such discharge is a source of pollutants, causes or contributes to a condition of nuisance, or to a violation of an NPDES permit:

(1) any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California under the authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations;

(2) authorized non-stormwater discharges from emergency firefighting activities (i.e., flows necessary for the protection of life or property)

(3) flows from riparian habitats or wetlands;

(4) natural springs;

(5) diverted stream flows authorized by the State or Regional Water Board;

(6) uncontaminated ground water infiltration;

(7) rising ground waters, where ground water seepage is not otherwise covered by an NPDES permit;

(8) Non-stormwater discharges conditionally exempted by the Permit, provided all conditions are satisfied, as determined by the Director.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0061654 (CI6948) or the Permit, available for viewing at the Arcadia City Hall, Development Services Department, 240 W. Huntington Drive Arcadia, California and any amendment, revision or reissuance thereof, either separately considered or when combined 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 persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

A. No person is permitted to:

(1) establish, use, maintain, or continue any illicit drainage connection to the City storm drain system, or

(2) act, cause, permit, or suffer any agent, employee, or independent contractor to construct, maintain, operate, or utilize any illicit connection.

B. No person is permitted to commence or continue any illicit discharges to the City storm drain system.

C. The prohibitions in this section are expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

A. Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all control measures and BMPs as the Director may require to reduce such pollutants. Premises with a high potential threat of discharge may be required to implement a monitoring program meeting standards established by the City. Where best management practices guidelines or requirements have been adopted by any Federal, State, regional, and/or City Agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharges of nonstormwater to the storm drain system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the Director.

B. The Director may require any person responsible for any industrial or commercial facility or new or redevelopment project to submit documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, stormwater pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this Chapter or any NPDES permit. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

C. The Director may require any person responsible for any industrial or commercial facility or new or redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the County Recorder's office.

D. The following BMPs are required:

(1) The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on the real property as required for the disposal of garbage.

(2) Standard for Parking Lots and Similar Structures. Persons owning or operating a paved parking lot or similar structure with twenty-five (25) or more parking spaces shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system.

(3) Each person who owns, manages, or operates any machinery or equipment which is to be repaired or maintained shall use Best Management Practices or shall place the machinery or equipment that is to be repaired or maintained in such a place that leaks, spills, and other maintenance-related pollutants are not discharged to the storm drain system.

(4) All hazardous substances and hazardous materials shall be stored in such a manner as to prevent such substances or materials from coming into contact with stormwater or other runoff which discharges into the storm drain system. It is unlawful for any person to dispose of any hazardous waste in any trash container used for municipal trash disposal.

(5) No person shall wash any impervious surface in any industrial or commercial area so as to result in a discharge of untreated runoff to the storm drain system unless such washing is specifically required by state or local health and safety codes.

(6) Standards for Private Drains and Catch Basins. Persons owning or operating drainage facilities that are directly connected to the public storm drain system shall clean those facilities between May 1st and September 30th of each year, and reclean those facilities, as needed, before their sumps are forty percent (40%) full of material. This requirement includes, but is not limited to, catch basins, culverts and parkway drains.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

A. The Director may require any person discharging or causing, allowing, or facilitating a discharge to the storm drain system or receiving waters to take any or all of the following actions:

(1) to submit information necessary to comply with the Permit or to confirm that person's compliance with this Chapter;

(2) to monitor discharges and submit reports of discharge activities;

(3) to maintain records of monitoring and discharging; and

(4) to take any other action necessary to comply with the Permit or this Chapter.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

A. Notwithstanding any other requirement of law, any known or suspected release of materials, pollutants or waste, which may result in pollutants or nonstormwater discharges entering stormwater, the storm drain system or waters of the state or United States, shall be reported immediately in the following manner by any person in charge of a premises or responsible for the premises' emergency response:

(1) The release of a hazardous material shall be immediately reported to emergency services by emergency dispatch services (911).

(2) The release of a nonhazardous material shall be reported as follows:

(a) to the Director and to the 24-hour stormwater hotline by telephone no later than 5:00 P.M. on the same business day;

(b) if the release occurs after 5:00 P.M. on a weekday, on a weekend or holiday, to the 24-hour stormwater hotline on the same day and to the Director by telephone on the next business day;

(c) a written notification of the release shall also be made to the Director within five business days of the release. A copy of the written notice shall be retained at the premises for at least three (3) years.

B. In addition to the above requirements, the release of any hazardous materials or substances, sewage, oil, or petroleum to any waters of the state, or discharged or deposited where it is or probably will be discharged in or on any waters of the state, shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of California Water Code.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

In addition to any other requirement imposed by this Chapter, each person responsible for industrial and commercial facilities or operations, or owning commercial or industrial facilities or property which will, or may, result in pollutants entering stormwater, the storm drain system, or receiving waters, shall obtain any required NPDES stormwater permit, including but not limited to the General Industrial Permit, shall provide evidence of such permit to the City upon notice, and shall install and maintain BMPs consistent with the CASQA Industrial/Commercial BMP Handbook or equivalent. BMPs must be designed to implement the requirements of this Chapter and any applicable permit.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

A. Generally. In addition to any other requirements set forth in this Chapter, prior to obtaining a grading or building permit, each operator of any construction activity shall submit evidence to the Director that all applicable permits have been obtained, including but not limited to the State Water Board's Construction Permit, State Water Board 401 Water Quality Certification. Each operator of any construction activity shall implement such an erosion and sediment control plan and BMPs required by the Director to ensure that discharges of pollutants are effectively prohibited and will not cause or contribute to an exceedance of water quality standards. A SWPPP prepared in accordance with the General Construction Permit may be substituted for an erosion and sediment control plan. All construction and grading activities shall comply with applicable laws and regulatory documents, including all applicable City ordinances and the City's Permit regulating discharges into and from the storm drain system.

B. Best Management Practices for New Developments and Redevelopments. No grading permit shall be issued for any development with a disturbed area of one (1) acre or greater unless the applicant can show that (i) a Notice of Intent to comply with the State Construction Activity Stormwater Permit has been filed and (ii) a Stormwater Pollution Prevention Plan has been prepared. The City may adopt regulations establishing controls on the volume and rate of stormwater runoff from new developments and redevelopments of less than one (1) acre as may be appropriate to minimize the discharge and transport of pollutants. The Public Works Director may require of any developer or construction contractor performing work in the City provide a local stormwater pollution prevention plan prior to the beginning of such work. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, the original purpose of the facility or emergency construction activities required to protect the public health and safety.

C. Erosion and Sediment Control Plan Required. In addition to any other requirements set forth in this Chapter, prior to obtaining a grading or building permit, each operator of any construction site of less than one (1) acre shall cause to be prepared and submitted to the City an erosion and sediment control plan. No operator of any construction activity shall commence any construction activity prior to receiving written approval of the erosion and sediment control plan from the Director.

D. Erosion and Sediment Control Plan Contents. An erosion and sediment control plan must address the following elements, at a minimum:

(1) For construction sites of less than one acre:

(a) Best management practices designed to control erosion and sediment, and manage waste and non-stormwater in accordance with the Permit; and

(2) For construction sites of one acre or more:

(a) All elements of a Stormwater Pollution Prevention Plan, but only if a construction site is one acre or greater;

(b) Methods to minimize the footprint of the disturbed area and to prevent soil compaction outside of the disturbed area;

(c) Methods to protect native vegetation and trees;

(d) Sediment and erosion control;

(e) Controls to prevent tracking on and off the site;

(f) Nonstormwater control (e.g., vehicle washing, dewatering, etc.);

(g) Material management (delivery and storage);

(h) Spill prevention and control;

(i) Waste management (e.g., concrete washout, waste management, sanitary waste management);

(j) Identification of site Risk Level as identified in the General Construction Permit;

(k) Rationale for the selection and design of the proposed BMPs, including quantifying the expected soil loss from different BMPs; and

(3) For all construction sites: Any other element required by the Director.

E. Erosion and Sediment Control Plan Development. Erosion and sediment control plans for construction sites of one acre or more must be developed and certified by a Qualified SWPPP Developer. Structural BMPs shall be designed by a licensed California Engineer.

F. Erosion and Sediment Control Plan Certification. Erosion and sediment control plans for construction sites of one acre or more shall be signed by the landowner or landowner's agent, certifying as follows:

"I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that submitting false or inaccurate information, failing to update the erosion and sediment control plan to reflect current conditions, or failing to properly or adequately implement the erosion and sediment control plant may result in revocation of grading and other permits and other sanctions provided by law."

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

• LOW IMPACT DEVELOPMENT - CONTROL OF RUNOFF REQUIRED FOR PLANNING PRIORITY PROJECTS.

The Site for every Planning Priority Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

A. A new single-family hillside home development shall include mitigation measures to:

(1) Conserve natural areas;

(2) Protect slopes and channels;

(3) Provide storm drain system stenciling and signage;

(4) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

(5) Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.

B. Street and road construction of 10,000 square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable.

C. The remainder of Planning Priority Projects shall prepare a LID Plan to comply with the following:

(1) Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from:

(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.

(2) Minimize hydromodification impacts to natural drainage systems as defined in the Permit.

(3) When, as determined by the City, 100 percent onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:

(a) The infiltration rate of saturated in-situ soils is less than 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.

(b) Locations where seasonal high groundwater is within five to ten feet of surface grade;

(c) Locations within 100 feet of a groundwater well used for drinking water;

(d) Brownfield development sites or other locations where pollutant mobilization is a documented concern;

(e) Locations with potential geotechnical hazards;

(f) Smart growth and infill or redevelopment locations where the density and/ or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement.

(4) If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate 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 Permit. Additional alternative compliance options such as offsite infiltration may be available to the project Site. Alternative compliance options are further specified in the County of Los Angeles Department of Public Works Stormwater Best Management Practices Design and Maintenance Manual. The project Site should contact the Director to determine eligibility and obtain approval. In all cases, the project Site must comply with all relevant provisions of the Permit.

(5) 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 per the Permit. Flow through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

(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.

(6) A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by:

(a) designing a system acceptable to the City to satisfy these standards and requirements for the entire Site during the first phase, and

(b) implementing these standards and requirements for each phase of Development or Redevelopment of the Site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this section, "Multi-Phased Project" shall mean any Planning Priority Project implemented over more than one phase and the Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the Development or Redevelopment, including any tracts, lots, or parcels of real property, whether Developed or not, associated with, functionally connected to, or under common ownership or control with such Development or Redevelopment.

D. By resolution, the City Council may adopt a schedule of fees and charges related to the implementation of this Section.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)