Part 1 — TITLE, PURPOSE — Arcadia Municipal Code

- DEFINITIONS.

Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program as used in this Chapter shall have the same meaning as in that statute or regulation. The definition of the terms included in that statute or regulations are incorporated by reference, as now applicable or as may hereafter be amended.

When used in this Chapter, the following words shall have the meanings ascribed to them in this Section:

(1)

"Authorized Enforcement Officer" means the Public Works Services Director or those individuals designated by the Public Works Services Director as Authorized Enforcement Officers.

(2)

"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. 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.

(3)

"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.

(4)

"Best management practices (BMP's)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMP's also include treatment requirements, operating procedures, design specifications, and practices to control plan site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(5)

"Biofiltration" means a 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 Ordinance 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.

(6)

"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 2-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 the Permit, 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 Permit as biofiltration.

(7)

"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.

(8)

"City" means City of Arcadia.

(9)

"City Council" means City Council of the City of Arcadia.

(10)

"Commercial Malls" means any development on private land comprised of one or 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.

(11)

"Construction Activity" means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction 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, maintain 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, General Construction Permit coverage by the State of California General Permit for Stormwater Discharges Associated with Construction or Land Disturbance Activities is required if more than one acre is disturbed or the activities are part of a larger plan.

(12)

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

(13)

"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.

(14)

"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.

(15)

"Discharge" means the release or placement, either directly or indirectly, of any substance into or from the storm drain system, including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous material, raw materials, debris, litter or any other substance.

(16)

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

(17)

"Facility" means any nonresidential premises.

(18)

"Flow-through BMPs" means modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.

(19)

"General Construction Permit" means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions.

(20)

"General Industrial Permit" means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from industrial activities under certain conditions.

(21)

"Hillside" means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater and where grading contemplates cut or fill slopes.

(22)

"Illicit connection" means any manmade 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 and any connection that has not been permitted by the Director.

(23)

"Illicit Discharge" means any discharge to the storm drain system or from the storm drain system into a receiving water that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all nonstormwater discharges not composed entirely of stormwater and discharges that are identified under the Discharge Prohibitions section of the Permit.

(24)

"Impervious Surface" means any man-made or modified 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. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

(25)

"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.

(26)

"Infiltration BMP" means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.

(27)

"LID" means Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.

(28)

"Natural Drainage System" means a drainage system that has not been improved (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 system.

(29)

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

(30)

"Nonstormwater discharge" means any discharge that is not entirely composed of stormwater.

(31)

"NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA § 307, 402, 318, and 405. The term includes an "approved program."

(32)

"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.

(33)

"Permit" means the Waste Discharge Requirements for Municipal Separate Storm Sewer Systems within the Coastal Watersheds of Los Angeles County (Order No. R4-2012-0175) and the National Pollutant Discharge Elimination System Permit No. CAS004001, including any amendments thereto or successor permit, issued by the Regional Water Board.

(34)

"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

(35)

"Planning Priority Projects" means any of the following:

All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.

Industrial parks 10,000 square feet or more of surface area.

Commercial malls 10,000 square feet or more of surface area.

Retail gasoline outlets with 5,000 square feet or more of surface area.

Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.

Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.

Streets and roads construction of 10,000 square feet or more of impervious surface area.

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.

Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will:

(A)

Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and

(B)

Create 2,500 square feet or more of impervious surface area.

Single-family hillside homes.

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 on Planning Priority Project categories.

(B)

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-construction stormwater quality control requirements, the entire project must be mitigated.

(C)

Where Redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to postconstruction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

(D)

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 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.

(36)

"Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(37)

"Project" means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code §21065)

(38)

"Public Works Services Director" or "Director" means the Director of the Public Works Services Department, City of Arcadia.

(39)

"Qualified SWPPP Developer" means an individual meeting the registration or certification requirements set forth in the General Construction Permit.

(40)

"Qualified SWPPP Practitioner" means an individual meeting the requirements of a Qualified SWPPP Developer or otherwise meeting the qualifications set forth in the General Construction Permit.

(41)

"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

(42)

"Receiving Water" means "water of the United States" into which waste and/or pollutants are or may be discharged.

(43)

"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 routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. 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

(44)

"Regional Water Board" means the Los Angeles Regional Water Quality Control Board.

(45)

"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)

(46)

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

(47)

"Routine Maintenance" includes, but is not limited to projects conducted to:

Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

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

(48)

"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:

The habitat of rare, endangered, and threatened plant and animal species.

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.

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.

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.

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.

Areas important as game species habitat or as fisheries.

Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

Special areas.

(49)

"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.

(50)

"State Water Board" means the State Water Resources Control Board.

(51)

"Storm drain system" includes, but is not limited to, those facilities within the City by which stormwater may be conveyed to the waters of the United States, including flood control channels, any roads with

drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not a part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Register (CFR) Section 122.2.

(52)

"Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 C.F.R. § 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

(53)

"SWPPP" means Stormwater Pollution Prevention Plan.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

- PURPOSE AND INTENT.

The purpose of this Chapter is to ensure the future health, safety, and general welfare of citizens by:

(a)

Eliminating nonstormwater discharges to the municipal separate storm drain.

(b)

Controlling the discharge from spills, dumping or disposal of materials other than stormwater to municipal separate storm drains.

(c)

Reducing pollutants in stormwater discharges to the maximum extent practicable.

The intent of this Chapter is to protect and enhance the water quality of our watercourses, water bodies, wetlands and receiving waters of the United States in a manner pursuant to and consistent with the Clean Water Act.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

- RESPONSIBILITY FOR ADMINISTRATION.

This Chapter shall be administered for the City by the Public Works Services Director.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

- CONSTRUCTION AND APPLICATION.

This Chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and existing or future NPDES Permit and any amendment, revision or reissuance thereof.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

- SEVERABILITY AND APPLICATION.

If any portion of this Chapter is declared invalid, the remaining portions of this Chapter are to be considered valid.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)

- TAKING.

The provisions of this Chapter shall not operate to deprive any landowner of any constitutionally protected right. If a landowner claims that application of this Chapter to a specific project would deprive the landowner of a constitutionally protected right, then such landowner shall make application to the City and the City may allow additional land uses, but only to the extent necessary to avoid depriving the landowner of a proven constitutionally protected right. In any such application the burden shall be on the landowner to demonstrate that strict application of this Chapter would cause the deprivation of a constitutionally protected right. Such additional land uses shall be consistent with and carry out the purposes of this Chapter as set forth in Section 7811 of this Chapter.

(Ord. No. 2325, § 1(Exh. A), 4-7-15)