Beverly Hills Municipal Code Art. 5 Stormwater and Urban Runoff Pollution Control

The City Council finds and declares that:

A. Congress has determined that pollutants contained in stormwater and urban runoff are responsible for environmental degradation of oceans, lakes, rivers, and other waters of the United States.

B. The amended federal Clean Water Act (33 U.S.C. § 1251 et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System ("NPDES") requirements to stormwater and urban runoff discharged into municipal storm drain systems.

C. Stormwater and urban runoff flow from individual properties onto streets, then through storm drains passing through the City.

D. The City is a co-permittee under the California Regional Water Quality Control Board, Los Angeles Region ("LARWQCB") Order No. R4-2021-0105, effective September 11, 2021, which establishes 2021 MS4 NPDES Permit No. CAS004004, the "Waste Discharge Requirements and National Pollutant Discharge Elimination System ("NPDES") Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties," and any successor permit (the "Municipal NPDES Permit"). As a co-permittee, the City is required to implement and enforce the permit requirements against dischargers to the MS4 for their contributions of pollutants and flows.

E. The Municipal NPDES Permit requires the City to prohibit non-stormwater discharges into the portion of the MS4 for which it is an owner or operator, except where such discharges are identified and in compliance with Part III, Section A of the Municipal NPDES Permit.

F. It is important for the City to adopt reasonable regulations in order to control the quantity and quality of stormwater and urban runoff in a cost-effective manner and to the maximum extent practicable. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

A. This Article is intended to promote the future health, safety and general welfare of the residents of the City and the water quality of the receiving waters of the County and surrounding coastal areas pursuant to federal requirements by:

• 1. Reducing the discharge of pollutants in stormwater to the maximum extent practicable;
• 2. Effectively prohibiting non-stormwater discharges to the MS4; and
• 3. Controlling such pollutants through other provisions deemed appropriate by the LARWQC.

B. The intent of this Article is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal NPDES Permit.

C. This Article is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction as required by the Municipal NPDES Permit, and thereby fully comply with the terms of the Municipal NPDES Permit in a timely manner.

D. This Article also sets forth requirements for the construction and operation of certain "commercial development," "new development" and "redevelopment" and other Projects (as further defined herein), which are intended to ensure compliance with the stormwater mitigation measures prescribed in the current version of the Municipal NPDES Permit, a copy of which is on file in the office of the City Clerk.

E. This Article allows an Authorized Enforcement Officer to define and adopt applicable best management practices ("BMPs") and other stormwater pollution control measures; grant emergency self-waivers from Municipal NPDES Permit requirements, as provided herein in order to conduct repairs of essential public service systems and infrastructure in emergency situations; cite violations; and impose fines. This Article also allows the Authorized Enforcement Officer to inspect, surveil, and monitor procedures necessary to determine compliance and noncompliance with the provisions of this Article and the Municipal NPDES Permit. The Authorized Enforcement Officer shall administer, implement, and enforce the provisions of this Article except as provided herein. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

To the extent that any definition of a term contained in this Article conflicts with the corresponding definition contained in the current Municipal NPDES Permit, the definition contained in the Municipal NPDES Permit shall control. The following words and phrases shall have the following meanings for purposes of this Article:

AREA SUSCEPTIBLE TO RUNOFF: Any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.

AUTHORIZED ENFORCEMENT OFFICER: The Director of Public Works.

AUTOMOTIVE SERVICE FACILITY: A facility that is categorized in any one of the following Standard Industrial Classification ("SIC") codes: 5013, 5014, 5511, 5541, 7532-7534, or 7536-7539, as well as the corresponding NAICS codes.

BASIN PLAN: The LARWQCB Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties.

BENEFICIAL USE: The existing or potential uses of receiving waters as designated by the LARWQCB in the Basin Plan.

BEST MANAGEMENT PRACTICES ("BMPs"): 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. Examples of BMPs may include, but are not limited to, public education and outreach, proper planning of development Projects, proper cleaning of catch basin inlets, construction of a stormwater treatment system, and proper sludge- or waste-handling and disposal.

BIOFILTRATION: A LID BMP that through incidental infiltration or evapotranspiration, and filtration, reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy. The term "biofiltration" as used in this Article is defined to include only systems with an underdrain designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs (subject to approval 9-4-503 by the LARWQCB's Executive Officer). Biofiltration BMPs, unlike bioretention BMPs, include bioretention systems with an underdrain and bioswales.

BIORETENTION: A LID BMP that, through evapotranspiration and infiltration, reduces stormwater runoff by intercepting rainfall on vegetative canopy or groundcover. The bioretention system typically includes a minimum two foot (2') 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 Article, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. A BMP designed or constructed with an underdrain is regulated by the Municipal NPDES Permit as a biofiltration BMP.

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.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION ("LARWQCB"): The regional water board for the region including Los Angeles and Ventura counties, as well as small portions of Kern and Santa Barbara counties.

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD ("STATE WATER BOARD"): A branch of the California Environmental Protection Agency that coordinates with Regional Water Quality Control Boards such as the LARWQCB to establish water quality standards.

CLEAN WATER ACT ("CWA"): The Federal Water Pollution Control Act, which requires municipalities to obtain storm water permits for discharges from an MS4 serving a population of over 100,000 people.

COMMERCIAL DEVELOPMENT: 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, to public warehouses and other light industrial complexes.

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.

CONSTRUCTION: Any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance, including structure tear-down and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair or restoration work, maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); interior remodeling with no outside exposure of construction material or construction waste to stormwater; mechanical or sign permit work; or clearing or grubbing of vegetation for landscape maintenance which is not associated with a larger construction Project. See the definition of "Routine Maintenance" for further explanation.

CONSTRUCTION GENERAL PERMIT: The NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.

CONTROL: The minimization, reduction, elimination, or prohibition of discharge of a pollutant from an activity by technological, legal, contractual or other means.

DEVELOPMENT: Any 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 the original line and grade, hydraulic capacity, or original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and safety.

DIRECTOR: The Director of Public Works.

DISCHARGE: When used without qualification, the term refers to the discharge of a pollutant.

DISCHARGE OF A POLLUTANT: Any addition of any pollutant or combination of pollutants to waters of the United States from any point source or, any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term "discharge of a pollutant" includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately-owned treatment works.

DISCHARGING DIRECTLY: Outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands.

DISTURBED AREA: An area that is altered as a result of clearing, grading, or excavation, unless altered solely for the purposes of landscape maintenance or fire prevention.

FLOW-THROUGH TREATMENT BMPs: Flow-through treatment BMPs include modular, vault type "high flow biorentention" devices contained within impervious vault with an underdrain or designed with an impervious liner and an underdrain.

HILLSIDE: Property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25%) or greater and where grading contemplates cut or fill slopes.

ILLICIT CONNECTION: Any man-made conveyance that is connected to the MS4 without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4.

ILLICIT DISCHARGE: Any discharge to the MS4 that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This term includes all non-stormwater discharges, except authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in the Municipal NPDES Permit.

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 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, and compacted earth.

INDUSTRIAL ACTIVITY: Any public or private activity associated with any of the 11 categories of activities defined in title 40, section 122.26(b)(14) of the Code of Federal Regulations.

INDUSTRIAL PARK: A 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.

INFILTRATION: The downward entry of water into the surface of the soil.

INSPECTION: The entry and the conducting of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to:

A. Pre-inspection documentation research;

B. Request for entry;

C. Interview of property owner, resident or occupant(s);

D. Property walk-through;

E. Visual observation of the condition of property;

F. Examination and copying of records as required;

G. Sample collection (if necessary or required);

H. Exit discussion (to discuss preliminary evaluation) as appropriate; and

I. Report preparation, and if appropriate, recommendations for coming into compliance.

LOW IMPACT DEVELOPMENT ("LID"): The implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, or 3) harvest and use precipitation near to where it falls to earth.

LOW IMPACT DEVELOPMENT STANDARDS MANUAL ("LID Standards Manual"): A manual that provides guidance for the implementation of specific stormwater quality control measures to comply with the Municipal NPDES Permit.

MATERIAL: Any substance including, but not limited to garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.

MUNICIPAL NPDES PERMIT: The current MS4 NPDES Permit No. CAS004004, Order No. R4-2021-0105 ("Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties") and waste discharge requirements, issued by the LARWQCB, and effective September 11, 2021.

MUNICIPAL SEPARATE STORM SEWER SYSTEM ("MS4"): A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains that are:

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").

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("NPDES") PERMIT: A permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to California Water Code section 13370 as part of 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.

NEW DEVELOPMENT: Land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

NON-STORMWATER DISCHARGE: Any discharge to the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater, including, but not limited to, wash water.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM ("NAIC") CODE: A unique numerical code assigned to categorize businesses in different industries, and the current standard used by federal statistical agencies. The Municipal NPDES Permit regulates establishments assigned specific SIC or NAICS codes.

PARKING LOT: Land area or a facility for the parking or storage of motor vehicles used for businesses, commerce, industry or personal use.

POLLUTANT: Those "pollutants" defined in section 502(6) of the federal Clean Water Act (33 U.S.C. § 1362(6)), and incorporated into California Water Code section 13373. Examples of "pollutants" 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 soils, sediment and particulate materials in amounts which 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); or

F. Substances having characteristics such as a pH of less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

The term "pollutant" shall not include uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the BMPs available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the BMPs available.

PROJECT: All development, redevelopment, and land disturbing activities.

PUBLICLY OWNED TREATMENT WORKS ("POTW"): A treatment works, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes, which is owned by a state or municipality, as defined by section 212 of the CWA (33 U.S.C.A. § 1292), and referenced in title 40, section 122.2 and section 404.3 of the Code of Federal Regulations.

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.

REDEVELOPMENT: A land-disturbing activity that results in the creation, addition or replacement of impervious surface area on an already developed site. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint; (2) addition or replacement of a structure; (3) replacement of impervious surface that is not part of a routine maintenance activity; and (4) 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: 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. Restaurants that are subject to this Article are assigned SIC code 5812.

RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils. Retail Gasoline Outlets subject to this Article are assigned SIC code 5541 and NAICS 447110 and 447190.

ROUTINE MAINTENANCE: This term includes, but is not limited to, projects conducted to:

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

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

C. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts;

D. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards and regulations regardless of such projects result in increased capacity;

E. Repair leaks;

F. Conduct landscaping activities without changing existing or natural grades; and

G. Conduct brush cleaning and grubbing for fire prevention.

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

RUNOFF: Water from rain and outdoor water use, including stormwater or non-stormwater, that drains from any impervious surface to the storm drain system rather than soaking into the ground.

SIMPLE LID BMP: A BMP constructed above ground on a property that can be readily inspected by a property owner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit, as opposed to Structural BMPs required to meet the specific performance criteria for retention or biofiltration. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.

SITE: The 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.

SMART GROWTH: The U.S. Environmental Protection Agency's ("EPA's") overall approach of development and conservation strategies to benefit the economy, environment, and public health of local communities.

STANDARD INDUSTRIAL CLASSIFICATION ("SIC") CODE: The statistical classification standard that delineates a company's industry group with a unique numerical code. While NAICS was developed to replace SIC codes, the Municipal NPDES Permit refers to both numerical codes to classify business establishments.

SOURCE CONTROL BMP: Any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

STORMWATER: Stormwater runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 Code of Federal Regulations § 122.26(b)(13); 55 Code of Federal Regulations 47990, 47995 (Nov. 16, 1990)).

STRUCTURAL BMP: Any structural facility designed and constructed to mitigate the adverse impacts of stormwater and non-stormwater. "Structural BMPs" may include both Treatment Control BMPs and source control BMPs.

STORMWATER POLLUTION PREVENTION PLAN ("SWPPP"): A plan required for projects subject to requirements under the State Water Board general permits for stormwater discharges, including the Construction General Permit or Industrial General Permit. The plan identifies potential pollutant sources and describes the design, placement, and implementation of BMPs in order to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from subject activities.

STORMWATER QUALITY DESIGN VOLUME ("SWQDv"): The permit-specified volume of stormwater runoff that must be mitigated by the regulated development project.

STANDARD URBAN STORMWATER MITIGATION PLAN ("SUSMP"): The Los Angeles Countywide Standard Urban Stormwater Mitigation Plan.

TREATMENT: The application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

TREATMENT CONTROL BMP: Any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

This section outlines examples of prohibited activities and should not be construed as an exhaustive list of all prohibited activities.

A. Illicit Discharges and Connections. No person shall commence, establish, use, maintain, or continue any illicit connection to the MS4 or any illicit discharge to the MS4. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was established prior to or after the effective date of this Article.

B. Littering. No person shall throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or drainage structure, business place, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal.

C. Blowing Debris. No person shall intentionally use or operate any mechanical device to blow leaves, dirt, or other debris into the MS4 through any street, alley, sidewalk, parkway, or other public right of way. This section does not restrict the use of non-gasoline leaf blowers to dispose of leaves, dirt, or other debris through other permissible means.

D. Disposal of Landscape Debris. No person shall intentionally dispose of leaves, dirt or other landscape debris into a storm drain.

E. Industrial Activities. No person shall conduct any industrial activity in the City without obtaining all permits required by State or federal law, including an NPDES General Permit for Stormwater Discharges Associated with Industrial Activities ("Industrial General Permit") when required. Persons conducting industrial activities within the City should refer to the most recent edition of the "Industrial/Commercial Best Management Practices Handbook," produced and published by the California Stormwater Quality Association ("CASQA"), for specific guidance on selecting BMPs for reducing pollutants in stormwater discharges from industrial activities.

F. Non-Stormwater Discharges. All non-stormwater discharges into the MS4 are prohibited unless those discharges are:

1. In compliance with a separate NPDES Permit;

2. Pursuant to a discharge exemption by the LARWQCB, the entity's executive officer, or the State Water Resources Control Board;

3. Associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property);

4. Natural flows as defined in the Municipal NPDES Permit;

5. Conditionally exempt non-stormwater discharges as defined in accordance with the Municipal NPDES Permit; or

6. Authorized as a temporary non-stormwater discharge by the EPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act.

G. Prohibited Discharges. Specific examples of prohibited discharges include, but are not limited to the following types of discharges:

1. Discharges of wash waters to the MS4 from commercial vehicle washing or from gas stations, automotive repair garages, or other types of automotive service facilities when those facilities are cleaned;

2. Discharges of water to the MS4 from mobile vehicle washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

3. Discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid, or antifreeze, is undertaken;

4. Discharges of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and from uncovered receptacles containing hazardous materials;

5. Discharges to the MS4 of commercial or residential swimming pool or spa filter backwash, filter waste material, or pool or spa water if not dechlorinated or debrominated as verified and approved by the City prior to discharge. Notwithstanding this prohibition, liquid waste from pool or spa filter backwash can be disposed in the wastewater system, and solid waste from pool or spa filter backwash can be disposed in the solid waste bins as verified and approved by the City prior to discharge;

6. Discharges to the MS4 of runoff from the washing of toxic materials from paved or unpaved areas;

7. Discharges to the MS4 from washing impervious surfaces in industrial or commercial areas, unless specifically required by the state, city, or county health and safety codes, or permitted under a separate NPDES permit;

8. Discharges to the MS4 from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment;

9. Discharges to the MS4 of any pesticide, fungicide, or herbicide banned by the EPA or the California Department of Pesticide Regulation or discharges of a product registered under the Federal Insecticide, Fungicide and Rodenticide Act to any waste stream that may ultimately be released to waters of the United States unless specifically authorized under an NPDES permit. This requirement is not applicable to products used for lawn and agricultural purposes;

10. Disposals of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4;

11. Discharges from commercial window and building wash waters into the MS4, however, liquid and solid waste from wash waters can be collected and discharged into the wastewater system or in solid waste bins respectively as verified and approved by the City prior to discharge;

12. Discharges from sidewalk or street wash waters. However, the City may permit such wash waters if washing is specifically required by state or County health and safety codes or a separate NPDES permit and complies with the following conditions:

a. The sidewalk or street washing discharges only come from the use of high pressure, low volume spray washing using only potable water on an average of 0.006 gallons per square feet of sidewalk.

b. Sidewalk or street washing must involve high pressure and low volume spray washing.

c. Sidewalk or street washing must not involve the use of cleaning agents unless specified for use by state or County health and safety codes.

H. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

Discharges from those activities specifically identified as conditionally exempted in the Municipal NPDES Permit shall not be considered a violation of this Article, provided that any such conditionally exempt discharges are also consistent with other provisions of the Municipal NPDES Permit and:

A. Applicable conditions and BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified discharges;

B. The discharger meets all notification, reporting, and recordkeeping requirements; and

C. The discharger has conducted all applicable monitoring requirements. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

Owners and occupants of property or businesses within the City shall comply with the following requirements:

A. Storage of Materials, Machinery, and Equipment.

1. Machinery or equipment intended for repair or maintenance in areas susceptible to runoff or exposure to stormwater shall be placed on a pad of absorbent material to contain leaks, spills or small discharges, and shall be placed in a manner to ensure that leaks, spills, and other maintenance-related pollutants are not discharged to the MS4.

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

3. Any materials, equipment, and waste that will produce polluted runoff must be placed in enclosures or areas that are protected from the rain or runoff, including commercial trash bin storage areas.

B. Removal of Debris and Residue.

1. All motor vehicle parking lots located in areas susceptible to runoff shall be swept, at minimum, on a monthly basis to remove debris. Such debris shall be collected and properly disposed. Parking lots with more than ten (10) parking spaces and all public parking facilities shall also be vacuum swept, at minimum, on a quarterly basis, to remove chemical residue.

2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which is located in an area susceptible to runoff, shall be removed immediately and disposed of properly. Household hazardous waste may be disposed of through the Los Angeles County Household Hazardous Waste Program or at any other appropriate disposal site, and shall not be placed in a trash container.

C. Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to City streets or the MS4 is likely or has occurred.

D. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved impervious areas shall be minimized to the maximum extent practicable, and diverted to direct the flow to landscaped areas for infiltration where possible.

E. Food and Liquid Wastes. Food, food packaging and containers, and liquid wastes generated by restaurants, nonresidential food services, and food distribution sources shall be properly disposed and in a manner that prevents such wastes from being discharged to the MS4.

F. Best Management Practices. BMPs shall be used in areas exposed to stormwater for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials that have potential adverse impacts on water quality.

G. Maintenance of Structural BMPs. Structural BMPs required by the City, County, or any state or federal agency shall be properly operated and maintained by property occupants and owners, as specified by an approved SUSMP or LID Plan, or as otherwise determined by the Authorized Enforcement Officer. Records and documentation of such maintenance shall be provided to the Director upon request. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1- 2025)

A. Each industrial and commercial discharger, discharger associated with construction activity, or other discharger described in any general NPDES permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the LARWQCB, shall comply with all requirements of such permit and the provisions of this Article. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such NPDES permit may be required in a form acceptable to the Authorized Enforcement Officer, or designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City.

B. Non-stormwater discharges to the MS4 from industrial, commercial, or construction activities in violation of any applicable NPDES permit or the provisions of this Article are prohibited.

C. Statewide Construction General Permit coverage is required where clearing, grading or excavating that disturbs one (1) or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres.

D. Industrial and commercial dischargers and dischargers associated with construction activities shall implement effective BMPs, including source control BMPs, in accordance with Table 6 of Part VIII.E. of the Municipal NPDES Permit unless a particular pollutant generating activity does not occur on a facility's site. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

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 Municipal NPDES Permit, to lessen the water quality impacts of development by using the U.S. EPA's "Smart Growth" practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use.

B. Scope. This section contains requirements for stormwater pollutant control measures in New Development and Redevelopment Projects and authorizes the City to further define and adopt stormwater pollutant control measures, and to develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, alternative compliance measures from the LID requirements for projects that demonstrate technical infeasibility to comply onsite, and collect funds for projects that are granted alternative compliance measures.

C. Applicability. This section applies to the following New Development and Redevelopment Projects listed in Part VIII.F.1 of the Municipal NPDES Permit that are subject to City conditioning and approval:

1. Development Projects subject to LID Standards.

a. New development projects that are in any of the following categories:

(1) Projects equal to one (1) acre or greater of disturbed area and adding more than ten thousand (10,000) square feet or more of impervious surface area (collectively over the entire project site);

(2) Industrial parks of ten thousand (10,000) square feet or more of surface area; or

(3) Commercial malls of ten thousand (10,000) square feet or more of surface area.

2. Redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) on any of the following:

a. Existing sites of ten thousand (10,000) square feet or more of impervious surface area;

b. Industrial parks with ten thousand (10,000) square feet or more of surface area; or

c. Commercial malls ten thousand (10,000) square feet or more of surface area.

3. New development and redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) and support one or more of the following uses:

a. Restaurants as defined in SIC 5812;

b. Parking Lots;

c. Automotive service facilities as defined in SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539; or

d. Retail gasoline outlets as defined in SIC code 5541 and NAICS 447110 and 447190.

4. Redevelopment Projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire Project site) on sites with existing impervious surface area of less than ten thousand (10,000) square feet shall implement at least two (2) Simple LID BMPs onsite. Simple LID BMPs eligible to meet this requirement are provided in the Low Impact Development Standards Manual. Examples of Simple BMPs include, but are not limited to, rain barrels, planter boxes, rerouting downspout to landscape areas, and green roofs.

5. Street and road construction of ten thousand (10,000) square feet or more of impervious surface area shall follow U.S. EPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways, and freeway Projects.

D. Considerations for Redevelopment Projects. The structural BMP performance requirements apply as follows:

1. Where redevelopment results in an alteration to more than fifty percent (50%) of the impervious surface of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, the entire Project must be mitigated and LID standards must be applied.

2. Where redevelopment results in an alteration to less than fifty percent (50%) of the impervious surface of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, only the alteration must be mitigated, and not the entire development. LID standards must be applied to the portion of such Projects being altered.

E. LID Standards Manual. The Director shall prepare, maintain, and update, as deemed necessary and appropriate by the Director, a Low Impact Development Standards Manual ("LID Standards Manual"), which shall include urban and stormwater runoff quantity and quality control development principles and technologies to achieve compliance with this section. The LID Standards Manual shall include technical infeasibility and implementation parameters, as well as other rules, requirements, and procedures in order to implement the provisions of this Article.

F. Specific Requirements. Unless otherwise exempted herein or in the Municipal NPDES Permit, all New Development and Redevelopment Projects must satisfy the following performance criteria:

1. New Development and Redevelopment Projects are required to control pollutants and runoff volume from the Project site by minimizing the impervious surface area and controlling runoff through on-site infiltration, bioretention, or rainfall harvest and use in that preferred order, in accordance with the standards set forth in the Municipal NPDES Permit and the LID Standards Manual. High removal efficiency BMPs shall comply with the standards and requirements of the LID Standards Manual.

2. An applicant for a New Development or a Redevelopment Project identified in this Article shall incorporate into the applicant's Project plans a Low Impact Development Plan ("LID Plan"), which includes those BMPs necessary to control stormwater pollutants from the completed Project. Structural BMPs set forth in the applicant's Project plans, including the LID Plan, shall meet the design standards set forth in the Municipal NPDES Permit and the LID Standards Manual.

3. All New Development and Redevelopment Projects, unless otherwise exempted herein or in the Municipal NPDES Permit, shall comply with the following Municipal NPDES Permit provisions:

a. BMPs are required for all New Development and Redevelopment Projects identified in this Article to mitigate stormwater pollution, unless alternative measures are allowed as provided in the Municipal NPDES Permit.

b. BMPs must be implemented to retain on-site the Stormwater Quality Design Volume ("SWQDv"), defined as runoff from either: (a) the 0.75 inch, twenty-four (24)-hour rain event; or (b) the eighty-fifth (85th) percentile, twenty-four (24)-hour rain event, as determined from the county eighty-fifth (85th) percentile precipitation isohyetal map, whichever is greater.

c. BMPs shall meet the design specifications and on-site retention volume outlined in the Municipal NPDES Permit and the LID Standards Manual.

d. All New Development and Redevelopment Projects identified in this Article that are either partially or fully unable to retain one hundred percent (100%) of the SWQDv on-site, as determined by the City, due to technical infeasibility as defined in the Municipal NPDES Permit, must implement alternative compliance measures in accordance with the Municipal NPDES Permit. 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:

(1) The infiltration rate of saturated in-situ soils is less than 0.3 inches 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 SWQDv onsite;

(2) Locations where seasonal high groundwater is within five (5') to ten feet (10') of surface grade;

(3) Locations within one hundred feet (100') of a groundwater well used for drinking water;

(4) Brownfield development sites where infiltration poses a risk of causing pollutant mobilization;

(5) Locations where pollutant mobilization is a documented concern;

(6) Locations with potential geotechnical hazards;

(7) Smart Growth and infill or redevelopment locations where the density or nature of the Project would create significant difficulty for compliance with the onsite volume retention requirement.

e. If partial or complete retention is technically infeasible, the Project site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the LID Standards Manual.

f. Additional alternative compliance options such as offsite infiltration may be available to the Project site. The Project site should contact the City to determine eligibility.

g. The remaining SWQDv that cannot be retained or biofiltered onsite (and offsite alternative compliance measures are technically infeasible) 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 treatment control BMPs may be used to treat the remaining SWQDv and must be sized and designed to:

(1) Filter or treat either:

(A) The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour, for each hour of a storm event: or

(B) The maximum flow rate of runoff produced by the eighty-fifth (85th) percentile hourly rainfall intensity (for each hour of a storm event), as determined from the local historical rainfall record, multiplied by a factor of two (2).

(2) Qualify for "Enhanced Treatment" certification under the Washington State Department of Ecology's TAPE Program; or an appropriate future BMP certification developed by the State of California.

G. Issuance of Building Permits. No building permit may be issued for any New Development or Redevelopment Project identified in this section until the Authorized Enforcement Officer confirms the Project plans comply with the applicable requirements of this section.

H. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of occupancy for New Development or Redevelopment Projects identified in this Article, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the Structural BMPs that are shown on the approved project plans and consistent with the LID Plan and to submit a signed certification statement stating that the site and all Structural BMPs will be maintained in compliance with the Municipal NPDES Permit, the LID Plan, and other applicable regulatory requirements.

I. With the exception of Simple LID BMPs implemented on single-family residences, consistent with the Municipal NPDES Permit requirements, Project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices and Structural BMPs. This plan and verification may be included in, but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, or other legally binding maintenance agreements. These maintenance records must be kept on site for Treatment Control BMPs implemented on single-family residences.

J. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMPs.

1. The transfer or lease of a property subject to a requirement for maintenance of Structural and 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 current standards of the City and the Municipal NPDES Permit. 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 Pollutant Control or Treatment Control BMPs at least once a year and retain proof of inspection.

2. For residential properties where the Structural Pollutant Control or Treatment Control BMPs are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance.

3. If Structural or Treatment Control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

Fees for plan reviews, inspections, violations, corrections, and tasks associated with this Article may be established by resolution of the City Council. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

The Department of Public Works, along with other City departments, shall conduct an informational program to educate the public about the dangers of stormwater and urban runoff pollution and the means of controlling such pollution. The program shall educate residents and business persons who operate within the City about the contents of this Article. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)

A. Violations Deemed a Public Nuisance. A violation of any provision of this Article is declared to be a public nuisance, and the City Attorney is authorized to abate such violation by means of a civil action in addition to whatever other remedies are available to the City under this Code and other applicable laws, rules or regulations. Additionally, the following conditions shall be considered a public nuisance:

1. Any failure to comply with any applicable requirement set forth in Section 9-4-508 or the Municipal NPDES Permit; or

2. Any false certification or verification, or any failure to comply with a certification or verification provided by a Project applicant or the applicant's successor in interest; or

3. Any failure to properly operate and maintain any Structural or Treatment Control BMP on a property in accordance with an approved LID Plan, SWPPP, SUSMP, or similar approved water quality improvement plan, this Article, or the Municipal NPDES Permit.

B. The above listed conditions are hereby determined to be a threat to the public health, safety and welfare, are declared and deemed a public nuisance, and may be abated or restored by any Authorized Enforcement Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. If any violation of this Article constitutes a seasonal or recurrent nuisance, the Authorized Enforcement Officer shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this section shall constitute a public nuisance and a violation of this Article.

C. Inspections.

1. Inspections By Authorized Enforcement Officer. Whenever necessary to make an inspection to enforce any of the provisions of this section, or whenever an Authorized Enforcement Officer has reasonable cause to believe that there exists on any construction site any condition which constitutes a violation of the provisions of this section, the Authorized Enforcement Officer may, upon consent or upon obtaining an inspection warrant, enter such construction site at all reasonable times to inspect the same or perform any duty imposed upon the officer by this section.

2. Basis. Routine or area inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this Article, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, discharges of non-stormwater to the MS4, discharges which are not pursuant to an NPDES permit, or similar factors.

3. Right to Inspect. Prior to commencing any inspection as herein below authorized, an Authorized Enforcement Officer shall obtain either the consent of the owner, the owner's authorized representative or the occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.

4. Entry to Inspect. An Authorized Enforcement Officer may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or any other part of the MS4 located within the jurisdiction of the City.

5. Compliance Assessments. An Authorized Enforcement Officer may inspect property for the purpose of verifying compliance with this Article, by means including, but not limited to (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (b) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (c) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (e) locating any illicit connection or the source of prohibited discharge; and (f) evaluating compliance with any permit issued relating to a discharge to the stormwater drainage system.

6. Portable Equipment. For purposes of verifying compliance with this Article, an Authorized Enforcement Officer may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

7. Records Review. An Authorized Enforcement Officer may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

8. Sample and Test. An Authorized Enforcement Officer may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. An Authorized Enforcement Officer may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. An Authorized Enforcement Officer may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

9. Monitoring. An Authorized Enforcement Officer may erect and maintain monitoring devices for the purpose of measuring or sampling any discharge or potential source of discharge to the stormwater drainage system.

10. Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by an Authorized Enforcement Officer.

D. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall constitute a violation of such provision.

E. Civil Actions. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies:

1. A temporary or permanent injunction.

2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection E.

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.

4. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life.

F. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this Article, any Authorized Enforcement Officer has the authority to utilize the following administrative remedies:

1. Cease and Desist Orders. When an Authorized Enforcement Officer finds that a discharge has taken place or is likely to take place in violation of this Article, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall:

a. Comply with the requirement;

b. Comply with a time schedule for compliance; and

c. Take appropriate remedial or preventive action to prevent the violation from recurring.

2. Notice To Clean. Whenever an Authorized Enforcement Officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-stormwater discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

G. Penalties. Except as otherwise specifically provided, any violation of this Article may be prosecuted as a misdemeanor, infraction, or pursuant to the administrative citation procedures set forth in Title 1 of this Code. Each day that a violation continues shall constitute a separate offense.

H. Permit Revocation. To the extent the City makes a provision of this Article or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code.

I. Burden of Proof. In an enforcement action, the burden of proof shall be on the person who is the subject of such action to establish that the reduction or elimination of the discharge to the maximum extent practicable has been accomplished through compliance with the best management practices available, including applicable monitoring, notifications and reporting requirements.

J. Remedies. Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 15-O-2678, eff. 6-18-2015; amd. Ord. 25-O-2916, eff. 8-1-2025)