Article I — Definitions

The following words, phrases and terms as used in this chapter shall have the meanings ascribed to them in this article.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"One-hundred-thousand-square-foot commercial or industrial development"

means any commercial or industrial development that creates at least 100,000 square feet of impervious area, including parking areas.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Act"

means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Adverse impact"

means a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant or pollutants.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Area susceptible to runoff"

means any surface exposed to precipitation or in the path of runoff caused by precipitation that leads directly to the street or storm drain.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"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, 5511, 5541, 7532 through 7534, and 7536 through 7539; provided, that these facilities have no outside activities or materials that may be exposed to stormwater.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"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.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Beneficial uses"

means existing or potential uses of receiving waters as defined in a basin plan. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Best management practice (BMP)"

means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or nonstormwater discharges to receiving waters, or designed to reduce the volume of stormwater or nonstormwater discharged to the receiving water.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"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 chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales. (Ord. 853 § 2, 2013)

"Bioretention"

means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this chapter, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain, it is regulated by Order No. R4-2012-0175 as biofiltration.

(Ord. 853 § 2, 2013)

"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.

(Ord. 853 § 2, 2013)

"Board"

means the city council of the city of Bell Gardens. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"City"

means the city of Bell Gardens. (Ord. 853 § 2, 2013)

"Clean Water Act (CWA)"

means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit.

(Ord. 853 § 2, 2013)

"Code of Federal Regulations (CFR)"

means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government of the United States.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Commercial activity"

means any public or private activity not defined as an industrial activity in 40 CFR 122.26(b) (14) , involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services. Commercial activity does not mean a dwelling as defined in BGMC Title 6.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Commercial development"

means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"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.

(Ord. 853 § 2, 2013)

"Construction activity"

means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results 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 stormwater 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.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Control"

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

(Ord. 853 § 2, 2013)

"County"

means the county of Los Angeles. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Department"

means the department of public works of the city of Bell Gardens. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"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 nonresidential 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. (Ord. 853 § 2, 2013)

"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.

(Ord. 853 § 2, 2013)

"Directly connected impervious areas"

means the area covered by a structure, impervious pavement, and other impervious surfaces, which drains directly into the storm drain without first flowing across pervious land area (i.e., lawns).

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Director"

means the director of public works of the city of Bell Gardens, or his/her authorized deputy, agent, representative or inspector.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Discharge"

means any release, spill, leak, pumping, flow, escape, dumping, or disposal of any liquid, semisolid, or solid substance.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Discretionary project"

means a project that requires the exercise of judgment or deliberation when the public agency or public body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Disturbed area"

means an area that is altered as a result of clearing, grading, and/or excavation. (Ord. 853 § 2, 2013)

"Flow-through treatment BMPs"

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

(Ord. 853 § 2, 2013)

"Full capture system"

means any single device or series of devices, certified by the executive officer, that traps all particles retained by a five-millimeter mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area.

(Ord. 853 § 2, 2013)

"General construction activities stormwater permit (GCASP)"

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

(Ord. 853 § 2, 2013)

"General industrial activities stormwater permit (GIASP)"

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

(Ord. 853 § 2, 2013)

"Good housekeeping practice"

means a best management practice related to the transfer, storage, use, or cleanup of materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and/or receiving waters.

(Formerly 11.12.150; Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Green roof"

means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.

(Ord. 853 § 2, 2013)

"Hazardous material"

means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substance designated pursuant to 40 CFR 302 . This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 CFR 261.4(b) , or is a hazardous substance under Section 101(14) of the Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24 .

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Hazardous waste"

means a hazardous material, which is to be discharged, discarded, recycled, and/or reprocessed.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"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 percent or greater and where grading contemplates cut or fill slopes.

(Ord. 853 § 2, 2013)

"Illicit connection"

means any human-made conveyance that is connected to the storm drain system without a permit, excluding roof drains, which convey only stormwater.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Illicit discharge"

means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. Illicit discharge includes all nonstormwater discharges except discharges pursuant to an NPDES permit or discharges that are exempted or conditionally exempted by such permit.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Industrial activity"

means any public or private activity which is in any of the 11 categories of activities defined in 40 CFR 122.26(b)(14) and which is required to obtain an NPDES.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Industrial/commercial facility"

means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and nonprofessional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"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 modality coincides: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.

(Ord. 853 § 2, 2013)

"Infiltration"

means the downward entry of water into the surface of the soil. (Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Infiltration BMP"

means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into insitu soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.

(Ord. 853 § 2, 2013)

"Low impact development (LID)"

consists of building and landscape features designed to retain or filter stormwater runoff. (Ord. 853 § 2, 2013)

"Municipal separate storm sewer system (MS4)"

means 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 Section 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 Section 122.2 . (40 CFR Section 122.26(b)(8) ).

(Formerly 11.12.217; Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"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 Sections 307, 402, 318, and 405. The term includes an "approved program." (Ord. 853 § 2, 2013)

"National Pollutant Discharge Elimination System (NPDES) permit"

means 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 Act, that authorizes discharges to waters of the United States.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"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.

(Ord. 853 § 2, 2013)

"New development"

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

(Ord. 853 § 2, 2013)

"Nonstormwater discharge"

means a municipal storm drain system that is not composed entirely of stormwater. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Outfall"

means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which

connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. (40 CFR Section 122.26(b)(9) ). (Ord. 853 § 2, 2013)

"Parking lot"

means land area or facility for 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.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Pollutant"

means any "pollutant" defined in Section 502(6) of the federal Clean Water Act or incorporated into the California Water Code Section 13373 .

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Post-construction BMP"

means a structural or nonstructural BMP incorporated into the design of a project to control or reduce the discharge of pollutants from the site after construction is complete for the life of the project.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Project"

means all development, redevelopment, and land disturbing activities. The term is not limited to "project" as defined under CEQA (Pub. Resources Code Section 21065). (Ord. 853 § 2, 2013)

"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 nonpotable 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.

(Ord. 853 § 2, 2013)

"Receiving water"

means water of the United States into which waste and/or pollutants are or may be discharged. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"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 surfacing 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.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Regional board"

means the California Regional Water Quality Control Board, Los Angeles region. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Restaurant"

means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Retail gasoline outlet"

means any facility engaged in selling gasoline and lubricating oils. (Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Routine maintenance"

includes, but is 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, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

• D. Update existing lines (includes replacing existing lines with new pipes) and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

• E. Repair leaks.

Routine maintenance does not include construction of new lines (those that are not associated with existing facilities and are not part of a project to update or replace existing lines) or facilities resulting from compliance with applicable codes, standards and regulations.

(Ord. 853 § 2, 2013)

"Runoff"

means any stormwater or nonstormwater discharge from any surface and/or drainage area that reaches the storm drain system and/or receiving waters.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"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:

• 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.

H. Special areas. (Ord. 853 § 2, 2013)

"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. (Ord. 853 § 2, 2013)

"Standard Industrial Classification (SIC)"

means a numbering system developed by the United States Government, Office of Budget, for the classification of businesses by the type of activity in which they are engaged.

(Ord. 709 § 1, 1998; Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"State Board"

means the State Water Resources Control Board.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Storm drain system"

means any facility or any parts of the facility, 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.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Storm event"

means a rainfall event that produces more than 0.10 inches of precipitation and that is separated from the previous rainfall event by at least 72 hours.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Storm water" or "stormwater"

means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13) , 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Stormwater pollution prevention plan (SWPPP)"

means a plan required by and for which the contents are specified in an NPDES permit. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Stormwater runoff"

means stormwater which travels across any surface to the storm drain system and/or receiving waters.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Structural BMP"

means any permanent facility constructed to control, treat, store, divert, neutralize, dispose of, and/or monitor runoff in order to reduce or measure pollutants.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Treatment"

means the application of engineering systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, medial absorption, biodegradation, biological uptake, chemical oxidation, and UV radiation.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Treatment control BMP"

means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or any physical, biological, or chemical process.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"Uncontrolled discharge"

means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge.

(Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)

"Urban runoff"

means surface water flow produced by storm and nonstorm events. Nonstorm events include flow from residential, commercial or industrial activities involving the use of potable and nonpotable water.

(Ord. 853 § 2, 2013)

"Urban stormwater mitigation plan"

means a plan that evaluates the issue of site development including runoff, run-on, vehicle maintenance, land disturbances, erosion, sediment control, and revegetation and establishes BMPs to control or reduce the discharge of pollutants from the site, both during and after construction.

(Ord. 732 § 1, 2001; Ord. 853 § 2, 2013)

"U.S. EPA"

means the United States Environmental Protection Agency. (Ord. 709 § 1, 1998; Ord. 853 § 2, 2013)