Chapter 52 — STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION

For the purpose of the provisions of this chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings set forth, unless it is apparent from the context that a different meaning is intended.

BEST MANAGEMENT PRACTICE or BMP . Any program, technology, process, citing criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollutants in storm water and non-storm water runoff.

CLEAN WATER ACT . The Federal Water Pollution Control Act as amended, 33 U.S.C. §§ 1251 et seq. COMMERCIAL FACILITY . Restaurants; automotive service facilities; automotive dealerships, and retail gasoline station outlets or any other definition provided in the municipal NPDES permit or Storm Water Quality Management Plan.

EXECUTIVE OFFICER . Executive Officer of the California Regional Water Quality Control Board, Los Angeles. ILLICIT CONNECTION . Any device through or by which an illicit discharge is conveyed into the municipal storm water system without a permit, including but not limited to floor drains, pipes or any fabricated or natural conduits, excluding roof drains which convey only storm water.

ILLICIT DISCHARGE . The entry of any material other than storm water unless such discharge is exempted under the municipal NPDES permit, is allowed under a separate NPDES permit, including but not limited to a point source permit, a General Industrial Activity Storm Water permit, or a General Construction Activity Storm Water permit, or is allowed by the Executive Officer.

INDUSTRIAL ACTIVITY . Any of the ten classifications of industrial facilities specified in 40 CFR § 122.26 (b) (14), defined by Standard Industrial Classification (SIC) and which is required to obtain a NPDES permit, not including construction activities.

MAXIMUM EXTENT PRACTICABLE . Within the context of BMP selection, choosing effective BMPs, and rejecting applicable BMPs only (i) where effective BMPs will serve the same purpose, (ii) the BMPs would not be technically feasible, or (iii) the cost would be prohibitive.

MUNICIPAL NPDES PERMIT . California Regional Water Quality Control Board, Los Angeles Region, Order No. 01-182, NPDES Permit No. CAS004001, Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach, and any amendment thereto or re-issuance thereof.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (referred to herein as MS4). Those facilities within the city by which storm water discharge is conveyed to waters of the United States, including but not limited to flood control channels, roads with drainage systems, alleys, streets, catch basins, grates, inlets, curbs, gutters, ditches, storm drains, canals, pipes, and fabricated and natural channels.

NON-STORM WATER DISCHARGE . Any fluid discharge to the storm drain system and/or receiving waters that is not composed entirely of storm water but may not necessarily be an illicit discharge.

NPDES PERMIT or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT . A permit

issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq., that authorizes discharges to waters of the United States.

OWNER . Any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or real property.

PERSON . Any natural person, firm, association, organization, partnership, business trust, corporation, or company. POLLUTANT . The same as it is defined in Cal. Water Code § 13373 and includes but is not limited to garbage, debris, lawn clippings, leaves, fecal waste, biological waste, sediment, sludge, manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid or solid containing toxic or non-toxic chemicals, metals, including batteries.

RECEIVING WATERS . Rivers, lakes, oceans, or other bodies of water that receive runoff.

REDEVELOPMENT . 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. 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.

REGIONAL BOARD . The appointed members of the California Regional Water Quality Control Board, Los Angeles Region.

RUNOFF . The portion of rainfall or irrigation water or other water activities also known as dry-weather flows that flow across the ground surface and eventually to receiving waters. Runoff can pick up pollutants from the air or the land and carry them to receiving waters.

STATE BOARD . The State Water Resources Control Board of the California Environmental Protection Agency (hereinafter "SWRCB").

STORM WATER QUALITY MANAGEMENT PROGRAM . The Los Angeles Countywide Storm Water Quality Management Program, which includes descriptions of programs, collectively developed by the Permittees in accordance with provisions of the NPDES Permit, to comply with applicable federal and state law, as the same is amended from time to time.

STORM WATER RUNOFF . Any surface water flow produced by rain or snow melt.

(Ord. 1193, passed 8-21-02)

The purpose of this chapter is to protect and improve water quality of receiving waters by:

• (A) Reducing illicit discharges to the municipal storm water system to the maximum extent practicable;

• (B) Eliminating illicit connections to the municipal storm water system;

• (C) Eliminating spillage, dumping, and disposal of pollutant materials into the municipal storm water system;

• (D) Reducing pollutant loads in storm water and urban runoff, from land uses and activities identified in the municipal NPDES permit.

(E) The intent of this chapter is to enhance and protect the water quality of the receiving waters of the United States in a manner that is consistent with the Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing regulations; the municipal NPDES permit and any amendment, revision, or re-issuance thereof.

(Ord. 1193, passed 8-21-02)

The provisions of this chapter are adopted pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.

(Ord. 1193, passed 8-21-02)

The responsibility for the Administration, oversight and implementation of this chapter is delegated to the Director of Public Works ("Director") for the City of Baldwin Park, and his or her authorized agent, deputy or representative. (Ord. 1193, passed 8-21-02)

(A) No person shall cause or allow an illicit discharge to enter the municipal storm water system.

(B) No person shall place, dump, dispose, litter, accumulate, maintain, discharge, or cause to enter into the MS4 any pollutant or any foreign object such as batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals, animal waste or oil cans, which are also considered illicit discharges.

(C) Any person causing an illicit discharge to the MS4 may be required to pay for the cost of clean-up and remediation.

(D) Any owner of any private property from which a non-storm water discharge is observed may be required to pay for the cost of collecting and analyzing the discharge to determine if it is an illicit discharge.

(E) The following non-storm water discharges are not considered illicit discharges:

(1) Discharges determined by the Executive Officer not to be significant sources of pollution, including but are not limited to: natural springs and rising ground water; flows from riparian habitats or wetlands; stream diversions, permitted by the State Board; and uncontaminated ground water infiltration [as defined by 40 CFR § 35.2005(20)]; reclaimed and potable landscape irrigation runoff; potable drinking water supply and distribution system releases (consistent with American Water Works Association guidelines for dechlorination and suspended solids reduction practices); drains for foundations, footings, and crawl spaces; air conditioning condensate;

dechlorinated/debrominated swimming pool discharges; dewatering of lakes and decorative fountains; noncommercial car washing by residents or by non-profit organizations; and sidewalk rinsing.

(2) Discharges specifically allowed under a separate NPDES permit, including but not limited to, a General Industrial Storm Water Activity Permit or General Construction Storm Water Activity Permit. (Ord. 1193, passed 8-21-02)

(A) No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the municipal storm water system.

(B) Upon discovery of an illicit connection, the person owning or operating such connection shall either remove it or render it incapable of conveying an illicit discharge.

(C) If any person fails to eliminate an illicit connection after being called upon by the city to do so, the Chief Executive Officer or his or her designee shall impose appropriate measures to remove or disable the illicit connection and may recover such costs from the owner of the illicit connection.

(Ord. 1193, passed 8-21-02)

No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to storm water runoff.

(Ord. 1193, passed 8-21-02)

Subject commercial facilities shall implement BMPs prescribed by the regional board or its Executive Officer, through programs or actions made pursuant to the municipal NPDES permit, as more particularly described in the city's Storm Water Quality Management, or any revisions made thereto.

(Ord. 1193, passed 8-21-02)

(A) It shall be a violation of this chapter for any industry in the city which engages in industrial activity within the meaning of this chapter that is subject to waste discharge requirements specified in the SWRCB Water Quality Order No. 97-03-DWQ, Permit No. CAS00001, any revision or a re-issuance thereof, to operate without a General Industrial Activities Storm Water NPDES Permit.

(B) Industries that engage in industrial activity within the meaning of this chapter and therefore require a General Industrial Activities Storm Water NPDES permit shall retain on-site the following documents: (i) a copy of the Notice of Intent for General Permit to Discharge Storm Water Associated with Industrial Activity; (ii) a waste discharge identification number issued by the SWRCB; and/or (iii) a Storm Water Pollution Prevention Plan and Monitoring Program plan.

(C) Any industry in the city requiring a General Industrial Activities Storm Water NPDES Permit shall, upon reasonable request from a duly authorized officer of the city, provide any of the documents described in division (B) above.

(Ord. 1193, passed 8-21-02)

Industrial facilities not subject to the General Industrial Activities Storm Water NPDES Permit but are subject to pollution control requirements under the municipal NPDES permit, shall implement BMPs prescribed by the regional board or its Executive Officer, through programs or actions made pursuant to the municipal NPDES permit. (Ord. 1193, passed 8-21-02)

(A) No person shall be granted a grading permit by the city or shall commence or continue any construction activity within the city that is subject to an General Construction Activity Storm Water NPDES Permit without showing proof of having applied for such permit.

(B) Any person engaged in a construction activity requiring an NPDES General Construction Activity Storm Water NPDES Permit construction permit shall retain at the construction site the following documents: (i) a copy of the Notice of Intent to Comply with Terms of the General Permit to Discharge Water Associated with Construction Activity; (ii) a waste discharge identification number issued by the SWRCB; (iii) a Storm Water Pollution Prevention Plan and Monitoring Program Plan for the construction activity requiring the construction permit; and (iv) records of all inspections, compliance and non-compliance reports, evidence of self-inspection and good housekeeping practices.

(C) Any person engaged in a construction activity in the city requiring an NPDES General Construction Storm Water Activity permit shall, upon reasonable request from a duly authorized officer of the city, provide any of the documents specified in division (B) and shall retain said documents for at least three years after completion of construction.

(Ord. 1193, passed 8-21-02)

Any person engaged in a construction activity that is not subject to the General Construction Storm Water Activity NPDES Permit but is subject to the municipal NPDES Permit, shall be required to comply with requirements contained therein as specified in the city's Storm Water Quality Management Program, including any revisions made thereto.

(Ord. 1193, passed 8-21-02)

(A) Definitions. Except as specifically provided herein, any term used in this section shall be defined as that term in the current Municipal NPDES permit, or if it is not specifically defined in either the Municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current Municipal NPDES permit, 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:

AUTOMOTIVE SERVICE FACILITY. 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 (Source: Order No. R4-2012-0175). BASIN PLAN. 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 (Source: Order No. R4-2012-0175).

BEST MANAGEMENT PRACTICE (BMP). Practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water (Source: Order No. R4-2012-0175). BIOFILTRATION. 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 section 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. (Modified from: Order No. R4-2012-0175).

BIORETENTION. 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 the Municipal NPDES 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 Municipal NPDES permit as biofiltration (Modified from: Order No. R4-2012-0175).

ost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the Municipal NPDES 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 Municipal NPDES permit as biofiltration (Modified from: Order No. R4-2012-0175).

BIOSWALE. 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 (Source: Order No. R4-2012-0175).

CITY. The City of Baldwin Park.

CLEAN WATER ACT (CWA). 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 an NPDES permit.

COMMERCIAL MALLS. 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 (Source: Order No. R4-20120175).

CONSTRUCTION ACTIVITY. 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, 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 (Source: Order No. R4-2012-0175).

CONTROL. To minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (Source: Order No. R4-20l20175).

DEVELOPMENT. 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 (Source: Order No. R4-2012-0175).

DIRECTLY ADJACENT. Situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area (Source: Order No. R4-2012-0175). DISCHARGE. Any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.

DISTURBED AREA. An area that is altered as a result of clearing, grading, and/or excavation (Source: Order No. R4-2012-0175).

FLOW-THROUGH BMPs. Modular, vault type “high flow biotreatment” devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (Modified from: Order No. R4-20120175).

GENERAL CONSTRUCTION ACTIVITIES STORM WATER PERMIT (GCASP). 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 (GIASP). The general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

GREEN ROOF. 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 volume to contain the design storm depth and may not be designed or constructed with an underdrain (Source: Order No. R4-2012-0175).

HAZARDOUS MATERIAL(S). Any material(s) defined as hazardous by Cal. Health & Safety Code Division 20, Chapter 6.95.

HILLSIDE. 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 (Source: Order No. R4-2012-0175).

IMPERVIOUS SURFACE. 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.

INDUSTRIAL PARK. 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 (Source: Order No. R4-2012-0175).

INFILTRATION BMP. 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 (Source: Order No. R4-2012-0175).

LID. Low impact development. LID consists of building and landscape features designed to retain or filter stormwater runoff (Source: Order No. R4-2012-0175).

MS4. Municipal separate storm sewer system (MS4) . The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

(a) 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 § 208 of the CWA that discharges to waters of the United States;

• (b) Designed or used for collecting or conveying stormwater;

• (c) Which is not a combined sewer; and

• (d) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.2. (40 CFR § 122.26(b)(8)) (Source: Order No. R4-2012-0175)

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 § 307, 402, 318, and 405. The term includes an “approved program” (Source: Order No. R4-2012-0175).

NATURAL DRAINAGE SYSTEM. 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 (Source: Order No. R4-2012-0175).

NEW DEVELOPMENT. Land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Source: Order No. R4-2012-0175). NON-STORMWATER DISCHARGE. Any discharge to a municipal storm drain system that is not composed entirely of stormwater (Source: Order No. R4-2012-0175).

PARKING LOT. 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 (Source: Order No. R4-2012-0175).

PERSON. 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.

PLANNING PRIORITY PROJECTS. Development projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s) (Modified from: Order No. R4-2012-0175).

POLLUTANT. Any “pollutant” defined in § 502(6) of the Federal Clean Water Act or incorporated into the Cal. Water Code § 13373. POLLUTANTS may include, but are not limited to the following:

(a) Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge).

(b) Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non- metals such as phosphorus and arsenic).

(c) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease). (d) Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state.

(e) Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities).

(f) 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.

PROJECT. All development, redevelopment, and land disturbing activities. The term is not limited to “Project” as defined under CEQA (Pub. Resources Code § 21065) (Source: Order No. R4-2012-0175).

RAINFALL HARVEST AND USE. 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 (Source: Order No. R4-2012-0175).

ically 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 (Source: Order No. R4-2012-0175).

RECEIVING WATER. Water of the United States into which waste and/or pollutants are or may be discharged (Source: Order No. R4-2012-0175).

REDEVELOPMENT. 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 (Source: Order No. R4-2012-0175).

REGIONAL BOARD. The California Regional Water Quality Control Board, Los Angeles Region.

RESTAURANT. 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) (Source: Order No. R4-2012-0175).

RETAIL GASOLINE OUTLET. Any facility engaged in selling gasoline and lubricating oils (Source: Order No. R4-2012-0175).

ROUTINE MAINTENANCE. Routine maintenance projects include, but are not limited to projects conducted to:

(a) Maintain the original line and grade, hydraulic capacity, or original purpose of the facility;

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

(c) Includes road shoulder work, re-grading dirt or gravel roadways and shoulders and performing ditch cleanouts;

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

• (e) 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 (Source: Order No. R4-2012-0175).

SIGNIFICANT ECOLOGICAL AREAS (SEAs). 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:

(a) The habitat of rare, endangered, and threatened plant and animal species;

(b) 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;

(c) 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;

(d) 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;

(e) 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;

• (f) Areas important as game species habitat or as fisheries.

(g) Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County; or

(h) Special areas (Source: Order No. R4-2012-0175).

SITE. 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: Order No. R42012-0175).

STORM DRAIN SYSTEM. Any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Baldwin Park.

STORM WATER or STORMWATER. Water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one

word or two separate words.

STORMWATER RUNOFF. That part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.

SUSMP. The Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects. URBAN RUNOFF. 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.

(B) Stormwater pollution control measures for development planning and construction activities .

(1) Objective. The provisions of this section contain requirements for construction activities and facility operations of development and redevelopment projects to comply with the current “Municipal NPDES permit,” lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use. LID shall be inclusive of SUSMP requirements.

(2) Scope. This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the City of Baldwin Park to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, grant waivers from the requirements of the Standard Urban Stormwater Mitigation Plan, and collect funds for projects that are granted waivers. Except as otherwise provided herein, the City of Baldwin Park shall administer, implement and enforce the provisions of this section.

(3) Applicability. The following development and redevelopment projects, termed “planning priority projects,” shall comply with the requirements of this chapter:

(a) All development projects equal to 1 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.

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

• (h) Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 551 1, 5541, 75327534 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 environmentally sensitive area (ESA), where the development will:

1. Discharge stormwater 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.

• (j) Single-family hillside homes.

• (k) Redevelopment projects.

1. 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.

2. Where redevelopment results in an alteration to more than 50% 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.

3. Where redevelopment results in an alteration of less than 50% 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.

4. 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.

5. 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.

(4) Effective date. The Planning and Land Development requirements contained in § 7 of Order No. R4-20120175 shall become effective March 1, 2014. This includes planning priority projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals within 90 days of March 1, 2014. Projects that have been deemed complete within 90 days of March 1, 2014 are not subject to the requirements of § 7.

(5) Stormwater pollution control requirements. 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-08009) 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. When, as determined by the City Engineer, 100% 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.

3. 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.

• a. Biofiltration BMPs must adhere to the design specifications provided in the Municipal NPDES permit.

b. Additional alternative compliance options such as offsite infiltration may be available to the project site. The project site should contact the Department of Public Works to determine eligibility. Alternative compliance options are further specified in city’s Living Street Manual.

4. 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 Municipal NPDES 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.

5. 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 Department of Public Works 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, MULTIPHASED 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.

(6) Other agencies of the City of Baldwin Park. All City of Baldwin Park Departments, offices, entities and agencies, shall establish administrative procedures necessary to implement the provisions of this article on their development and redevelopment projects and report their activities annually to the Department of Public Works.

(7) Validity. If any provision of this code is found to be unconstitutional or otherwise invalid by any cdurt of competent jurisdiction, such invalidity shall not affect remaining provisions of this code are declared to be severable.

(8) Certification. The City Clerk shall certify to the passage of this code and have it published inaccordance with Council policy.

(Ord. 1193, passed 8-21-02; Am. Ord. 1363, passed 2-19-14)

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. 1193, passed 8-21-02)

(A) Inspections . The Chief Executive Officer or the Director, or any designee thereof, may, on 24 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, non-storm water, 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) Inspecting a vehicle, truck, trailer, tank or other mobile equipment;

(7) Inspecting 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, pollution prevention plans, state general permits, storm water pollution prevention plans, state general permits, storm water 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 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) Installing and maintaining 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 either a fine of up to $1,000 or six months in the County Jail, or both.

(2) Any person who may otherwise be charged with a misdemeanor as a result of a violation of this chapter may be charged, at the discretion of the Prosecuting Attorney, with an infraction punishable by a fine of not more than $100 for the first violation, $200 for the second violation, and $250 for each additional violation thereafter.

(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 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 Chief Executive Officer or Director, 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) 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 (Cal. Water Code §§ 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.

fornia Porter-Cologne Act (Cal. Water Code §§ 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.

(7) 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 of all costs incurred relating to the restoration or remediation of the environment.

(8) 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.

(Ord. 1193, passed 8-21-02)

(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 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 collective action taken as a result of the illicit discharge. Written notification of such discharge information shall thereafter be provided to the Director or his or her designee within 48 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 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. 1193, passed 8-21-02)

(A) Notwithstanding any other provisions herein, violations of this chapter may further be deemed to be a public nuisance, which may be abated by administrative, civil, or criminal action in accordance with the terms and provisions of this code and state law.

(B) 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 Cal. Gov't Code §§ 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 Cal. Gov't Code § 38773.1. The City Attorney is authorized to collect nuisance abatement costs and 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 Cal. Gov't Code § 38773.5.

(Ord. 1193, passed 8-21-02)

Any remedies provided to the city in this chapter are not exclusive, and the city may utilize any and all other remedies as otherwise provided by law.

(Ord. 1193, passed 8-21-02)

Compliance by any person or entity with the provisions of this chapter shall not relieve any such person or entity from complying with other applicable local, state or federal statutory or regulatory requirements. (Ord. 1193, passed 8-21-02)