Bell Municipal Code Ch. 13.08 Stormwater and Urban Runoff Control

It is the purpose of this chapter to protect the health, safety and general welfare of the citizens of the city by:

A. Regulating nonstormwater discharge to the municipal stormwater system;

B. Providing for the control of spillage, dumping or disposal of materials into the municipal stormwater system;

C. Reducing pollutants in stormwater and urban runoff to the maximum extent practical.

(Ord. 1111 § 1, 1996)

Except as specifically provided in this chapter, any term used in this chapter shall be defined as provided in the current municipal NPDES permit or in the current version of the Standard Urban Stormwater Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board, Los Angeles Region, on file with the city clerk, or if not defined in either the current municipal NPDES permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If any definition contained in this chapter conflicts with the definition of the same term in the current municipal NPDES permit or the SUSMP, then the definition contained in the municipal NPDES permit shall govern and, if not set forth in such permit, the definition set forth in the SUSMP shall govern.

"Best management practices" or "BMPs"

means schedules of activities, prohibitions of practices, general good housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. "BMPs" includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage. The California Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs.

"City"

means the City of Bell.

"Director"

means the director of development services and/or designee.

"Illicit connection"

means any device which is connected to the storm drain system which conveys an illicit discharge.

"Illicit discharge"

means any discharge into the storm drain system that does not meet the requirements of this chapter.

"Municipal storm drain system"

means those facilities within the city by which stormwater discharge is conveyed to the waters of the United States, including streets, alleys, roads, ditches, channels, curbs, gutters, catch basins, pipes, streams, creeks and rivers.

"New development project"

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

"Nonstormwater runoff"

means the flow of any fluid that is not entirely composed of stormwater.

"NPDES"

means the National Pollutant Discharge Elimination System.

"Person"

means any person, firm, partnership or corporation.

"Redevelopment"

means land-disturbing activity that results in the creation, addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

"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).

"Significant material"

means any substance including but not limited to: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; mortar; sediment and sludge; manure and other fertilizers, pesticides, oil, grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing toxic or nontoxic chemicals, or heavy metals; used batteries; or anything that contains such significant materials or to which such significant materials may attach.

"Stormwater runoff"

means the flow of rainwater or melted snow.

"Urban runoff"

means surface water flow produced by nonstormwater resulting from residential, commercial and industrial activities involving the use of potable and nonpotable water.

(Ord. 1111 § 2, 1996; Ord. 1149 §§ 1, 2, 2002)

Legal authority and administration of this chapter shall rest with the director of development services and/or his or her designee.

(Ord. 1111 § 3, 1996)

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 any existing or future municipal NPDES permits to which the city is a party and any amendments, revisions or reissuance thereof.

(Ord. 1111 § 4, 1996)

A. No person shall cause or permit, or allow to be caused or permitted, any discharge, from such person's property, of nonstormwater runoff to enter the storm drain system, unless such discharge is authorized by an NPDES permit or fully complies with a city-approved stormwater pollution prevention plan; is associated with firefighting activities; or is deemed by the director of development services or designee to be necessary to the public health, safety or welfare.

B. No person shall use, maintain or continue illicit drainage connections to the county storm drain system, or to commence or continue any illicit discharges to the city and county drain system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past, regardless of whether permissible under the law or practices applicable or prevailing at the time of the connection.

(Ord. 1111 § 6, 1996)

No person shall place any significant material into any component of the municipal storm water system or into any street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, pipe, or any fabricated or natural conveyance that may transport the significant material into the municipal storm drain system and the ocean.

(Ord. 1111 § 7, 1996)

A. No vehicle, machinery or device shall be allowed to leak, spill or discharge in any manner oil, grease, coolant, or other significant material onto any street, alley, road, parking lot, or surface in the city whereon pollutants contained in or on significant materials can or may be conveyed into the municipal stormwater or ocean by stormwater or nonstormwater runoff.

B. Objects such as vehicle motor parts containing grease, oil or other hazardous substances, and unsealed receptacles containing significant materials, shall not be stored in areas susceptible to stormwater runoff.

C. Any machine which is to be repaired or maintained in an uncovered outdoor area shall be placed on a pad of absorbent material to contain leaks, spills or small discharges.

D. Machinery and equipment, including motor vehicles, which are leaking oil or fluid must be repaired.

E. The uncovered outdoor storage of unsealed containers containing significant materials is prohibited in areas susceptible to runoff.

(Ord. 1111 § 8, 1996)

A. Prior to the issuance of any building permit for construction for new development or for remodeling or rehabilitation of existing structures, the director of development services or his or her designee shall evaluate the proposed project to determine its potential to generate the flow of significant materials into the municipal stormwater system both during and after construction. Based upon this evaluation, the city may require conditions placed upon the issuance of the building permit to minimize the risk of significant materials flowing into the municipal stormwater system. The implementation of conditions under this section shall be based on the standards set forth in the most recent addition of the California Storm Water Best Management Practice Handbooks (Municipal and Construction Handbooks, specifically the appropriate sections of each handbook for Best Management Practice selection, source controls, and treatment controls), the city's municipal stormwater program and such additional standards as determined by the city.

B. The following requirements shall apply to all projects undergoing construction in the city. The requirements set forth below shall apply at the time of demolition of an existing structure or commencement of construction and until receipt of a certificate of occupancy:

1. Runoff containing sediment, construction waste and other pollutants from construction sites and parking areas shall be reduced to the maximum extent practicable.

2. Where determined necessary by the director of development services or his or her designated representative, a temporary sediment barrier shall be installed.

3. When necessary, surface covering shall be utilized to prevent erosion of an otherwise unprotected area, along with additional runoff control devices if necessary to intercept and safely convey the runoff.

4. Excavated soil shall be located on the site in a manner that minimizes the amount of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed.

5. No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site. No water from washing vehicles on a construction site is allowed to run off into the municipal storm drain system.

6. Drainage controls shall be utilized as needed as determined by the director of development services or designee, depending on the extent of proposed grading and topography of the site, including, but not limited to, the following:

a. Detention ponds, sediment ponds or infiltration pits;

b. Dikes, filter berms or ditches;

c. Downdrains, chutes or flumes.

7. Prior to issuance of a grading permit for construction sites one acre and greater, the developer shall submit a local stormwater pollution prevention plan/wet weather erosion control plan ("SWPPP/WWECP'') setting forth appropriate construction site BMPs and maintenance schedules, setting forth the rationale used for selecting or rejecting BMPs. The SWPPP/WWECP shall be certified in accordance with the requirements set forth in the current municipal NPDES permit.

C. The city may, as a condition of granting a construction permit, set forth reasonable limits on the clearing of vegetation from construction sites, including, but not limited to, regulating the length of time during which soil may be bare, and, in certain sensitive cases, prohibiting bare soil.

(Ord. 1111 § 9, 1996; Ord. 1151 § 1, 2003)

Definitions:

"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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"Best management practices (BMPs)"

means 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 (Order No. R4-2012-0175).

"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 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 (Order No. R4-2012-0175).

"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 section, 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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"City"

means the City of Bell.

"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.

"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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"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, 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 (Order No. R4-2012-0175).

"Control"

means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"Discharge"

means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.

"Disturbed area"

means an area that is altered as a result of clearing, grading, and/or excavation (Order No. R4-2012-0175).

"Flow-through treatment 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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"General Construction Activities Storm Water Permit (GCASP)"

means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions (Order No. R4-2012-0175).

"General Industrial Activities Storm Water 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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"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 non-professional 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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"Infiltration BMP"

means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (Order No. R4-2012-0175).

"Low impact development (LID)"

consists of building and landscape features designed to retain or filter stormwater runoff (Order No. R4-2012-0175).

"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.

"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" (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"New development"

means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Order No. R4-2012-0175).

"Non-stormwater discharge"

means any discharge to a municipal storm drain system that is not composed entirely of stormwater (Order No. R4-2012-0175).

"Outfall"

means a point source as defined by 40 CFR Section 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 with 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)) (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"Planning priority projects"

means 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"

means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 13373 (Order No. R4-2012-0175).

"Project"

means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Public Resources Code Section 21065) (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"Receiving water"

means "water of the United States" into which waste and/or pollutants are or may be discharged (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"Regional Board"

means the California Regional Water Quality Control Board, Los Angeles Region.

"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) (Order No. R4-2012-0175).

"Retail gasoline outlet"

means any facility engaged in selling gasoline and lubricating oils (Order No. R4-2012-0175).

"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* 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 or facilities resulting from compliance with applicable codes, standards and regulations.

"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 (Order No. R4-2012-0175).

"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 (Order No. R4-2012-0175).

"Storm drain system"

means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the city.

"Storm water or stormwater"

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

"Urban runoff"

means 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 nonpotable water.

A.

Objective. The provisions of this section establish requirements for construction activities and facility operations of development and redevelopment projects to comply with the current "Order No. R4-2012-0175," to lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements.

B.

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

C.

Applicability. Development projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate storm water pollution, prior to completion of the project(s), are:

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

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

Commercial malls with 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. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.

Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532 through 7534 and 7536 through 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 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.

c.

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.

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.

D.

Effective Date. The planning and land development requirements contained in Section 7 of Order No. R4-2012-0175 shall become effective 90 days from the adoption of the Order (February 6, 2013). 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 adoption of the Order. Projects that have been deemed complete within 90 days of adoption of the Order are not subject to the requirements of Section 7.

E.

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

a.

Conserve natural areas;

b.

Protect slopes and channels;

c.

Provide storm drain system stenciling and signage;

d.

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

e.

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

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

The remainder of planning priority projects shall prepare a LID plan to comply with the following:

a.

Retain stormwater runoff on-site for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from:

i.

The 85th percentile 24 hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or

ii.

The volume of runoff produced from a three-fourths-inch, 24 hour rain event, whichever is greater.

b.

Minimize hydromodification impacts to natural drainage systems as defined in Order No. R4-2012-0175.

c.

To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain 100% of the SWQDv on-site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:

i.

The infiltration rate of saturated in-situ soils is less than three-tenths-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 on-site;

ii.

Locations where seasonal high groundwater is within five to 10 feet of surface grade;

iii.

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

iv.

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

v.

Locations with potential geotechnical hazards;

vi.

Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.

d.

If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in Order No. R4-2012-0175.

i.

Additional alternative compliance options such as off-site infiltration and groundwater replenishment projects may be available to the project site. The project site should contact the city to determine eligibility.

e.

The remaining SWQDv that cannot be retained or biofiltered on-site must be treated on-site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per Order No. R4-2012-0175. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

i.

Two-tenths inch per hour, or

ii.

The one-year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

F.

Permits. No permit may be issued for any new development or redevelopment project until the director finds that the project plans comply with the applicable LID requirements. As a condition for issuing a certificate of occupancy for a new development or redevelopment project, the director shall require the applicant, facility operators and/or owners, as appropriate, to construct all stormwater pollution control BMPs and structural or treatment control BMPs shown on the approved project plans and submit a signed certification stating that the project site and all structural or treatment control BMPs will be maintained in compliance with the LID and other applicable regulatory requirements until responsibility for such maintenance is legally transferred. Applicant, facility operators and/or owners shall also provide, as requested by the director, any other legally enforceable agreement that assigns responsibility for the maintenance of post-construction structural or treatment control BMPs.

G.

Transfer of Properties Subject to Structural and Treatment Control BMP Maintenance.

The transfer or lease of a property subject to a requirement for maintenance of structural or treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing structural or treatment control BMP; or (b) to replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then current standards of the city and the LID guidelines. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of such inspection.

Conditions, covenants and restrictions for residential properties where structural or treatment control BMPs are located that are to be maintained by a homeowner's association shall provide for maintenance of the structural or treatment control BMPs by the homeowner's association. If such BMPs are to be maintained by individual property owners, a written explanation of the maintenance responsibility shall be included with any deed transferring title to said individual property as well as being attached to the conditions, covenants and restrictions for the property.

H.

Other Agencies of the City. All city departments, offices, entities and agencies, shall establish administrative procedures necessary to implement the provisions of this section on their development and redevelopment projects and report their activities annually to the community development department.

(Ord. 1197 § 1, 2013)

No grading permit for developments requiring coverage under the state general permit shall be issued unless the applicant submits proof of a waste discharger identification (WDID) number for filing a notice of intent (NOI) for coverage under the state general construction permit and a certification that a SWPPP has been prepared by the project developer. Proof of the NOI and a copy of the SWPPP shall be provided to the director at any time a transfer of ownership takes place for the entire development or portions of the common plan of development where construction activities are still ongoing.

(Ord. 1111 § 10, 1996; Ord. 1151 § 5, 2003)

A. All persons engaged in industrial activity requiring an NPDES permit in the city shall acquire an NPDES industrial permit prior to discharging any substance other than stormwater runoff into the storm drain system. The NPDES permit shall be retained on site and shall be available for review by city officers or inspectors or those persons authorized to inspect on behalf of the city, at the request of any such person.

B. The city may require conditions placed upon the issuance of any permit to any commercial or industrial facility to minimize the risk of significant materials flowing into the municipal stormwater system and the ocean. The imposition of conditions under this section shall be based upon the standards set forth in the most recent addition of the California Storm Water Best Management Practice Handbooks (Municipal and Industrial/Commercial Handbooks, specifically appropriate sections of each handbook for Best Management Practice selection, source controls and treatment controls), the city's municipal stormwater program and such additional standards as determined by the city.

(Ord. 1111 § 11, 1996)

A. Specifically Prohibited Discharges. Discharges prohibited by this chapter include, but are not limited to:

1. The discharge of wash waters to the municipal storm drain system from the cleaning of gas stations, auto repair garages, or other types of automotive service facilities;

2. The discharge of runoff to the municipal storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

3. The discharge of runoff to the municipal storm drain system from areas where repair of machinery and equipment which are visibly leaking oil, fluid or antifreeze, is undertaken;

4. The discharge of runoff to the municipal storm drain system from storage areas of materials containing grease, oil or other hazardous substances, and uncovered receptacles containing hazardous materials;

5. The discharge of chlorinated/brominated swimming pool water and filter backwash to the municipal storm drain system;

6. The discharge of runoff from the washing of toxic materials from paved or unpaved areas to the municipal storm drain system;

7. Washing impervious surfaces in industrial/commercial areas that results in a discharge of runoff to the municipal storm drain system;

8. The discharge of concrete or cement laden washwater from concrete trucks, pumps, tools and equipment to the municipal storm drain system; and

9. Dumping or disposal of materials into the municipal storm drain system other than stormwater, such as: (a) litter, landscape debris and construction debris; (b) any state or federally banned or unregistered pesticides; (c) food and food processing wastes; and (d) fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality.

B. Blowing Debris. No person shall use or operate any mechanical device to blow leaves, dirt or other debris in or upon any street alley, sidewalk parkway or other public right-of-way.

C. Illicit Connections. All illicit connections to the municipal storm drain system are prohibited.

(Ord. 1111 §§ 12—15, 1996; Ord. 1151 § 6, 2003)

A. Authority to Inspect. The director, and representatives thereof, are authorized and directed to enforce all provisions of this chapter. The city's inspection authority pursuant to this section shall include the authority to enter, sample, inspect, review and copy records, and require regular reports from industrial facilities (including construction sites) discharging, or with the potential to discharge, polluted stormwater runoff into the municipal storm drain system.

B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of any provision of this chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter; provided that prior to entry: (1) if such building or premises be occupied, he or she shall first present proper credentials; and (2) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises.

C. Authority to Conduct Samplings and Establishing Sampling Devices. Any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or nonstormwater runoff. During all inspections as provided in this chapter, the authorized enforcement officer may take any samples deemed necessary.

D. Requirement to Sample or Monitor. Any authorized enforcement officer may order that any person Engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution of contamination, illicit discharges and/or discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. All costs incurred for such activity shall be borne by the party ordered to do the sampling. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analyses and the cost therefor, including the reasonable additional administrative costs incurred by the city, shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within 60 days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by an authorized enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

(Ord. 1111 § 16, 1996; Ord. 1151 § 7, 2003)

A. The director of development services or his or her designee, is authorized to enforce this chapter as follows:

1. For the first failure to comply with any provision contained in this chapter, the department of development services shall issue to the affected person a written notice which includes the following information: (i) a statement specifying the violation committed; (ii) a specified time period within which the affected person must correct the failure or file a written notice disputing the notice of failure to comply; (iii) a statement of the penalty for continued noncompliance.

2. Each subsequent failure to comply with any provision of this chapter following written notice pursuant to subsection (A)(1) of this section, shall constitute an infraction and shall be punishable by a penalty of up to $100 per day of violation for the first cited violation and $500 per day for subsequent violations.

3. It shall not be a defense to the assessment of any penalty or to any other civil enforcement action, provided for under this section for a person to assert that any violation of this chapter was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person.

4. Any penalty collected hereunder shall be used as reimbursement for the city, costs and expenses of administration, inspection and enforcement of this chapter.

5. A violation of any provision of this chapter is declared to be a public nuisance. The city may abate such violation(s) by means of a civil action with all costs for such abatement to be borne by the party responsible for the nuisance.

6. The penalties and remedies established by this chapter shall be cumulative.

B. Other Penalties. Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalties.

C. Citizen Reporting. Members of the public shall be encouraged to report possible violations of this chapter to the department of development services.

(Ord. 1111 § 17, 1996)