Burbank Municipal Code Art. 10 Storm Water and Runoff

8-1-1001: DEFINITIONS:

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

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

ADVERSE IMPACT: Means a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant or pollutants.

BASIN PLAN: Means a water quality control plan for a specific watershed area or areas adopted by a California Regional Water Quality Control Board.

BENEFICIAL USES: Means existing or potential uses of receiving waters as defined in a basin plan.

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

CITY: Means the City of Burbank.

CITY COUNCIL: Means the Burbank City Council.

CODE OF FEDERAL REGULATIONS (CFR): Means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government of the United States.

COMMERCIAL ACTIVITY: Means any public or private activity not defined as an industrial activity in 40 CFR 122.26(b)(14), involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services.

CONSTRUCTION ACTIVITY: Means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “Routine Maintenance” definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Storm Water Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan (Source: Order No. R4-2012- 0175).

DEPARTMENT: Means the Public Works Department of the City of Burbank, the Community Development Department of the City of Burbank, or the Burbank Water and Power Department.

DIRECTOR: Means the Public Works Director or the Community Development Director of the City of Burbank, or their authorized deputy, agent, representative or inspector.

DISCHARGE: Means any release, spill, leak, pumping, flow, escape, dumping, or disposal of any gas, liquid, semi-solid, or solid substance.

ENFORCEMENT ACTION: Means an action taken by an Enforcement Official to remedy a violation or threatened violation of this Article.

ENFORCEMENT OFFICIAL: Means Public Officers Authorized to Issue Citations as defined in BMC 1-1-105.C.

GENERAL MANAGER: Means the General Manager for Burbank Water and Power.

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

HAZARDOUS MATERIAL: Means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substance designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 CFR 261.2, which is not excluded from regulation as a hazardous waste under 40 CFR 261.4(b), or is a hazardous substance under Section 1321 of the Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24.

HAZARDOUS WASTE: Means a hazardous material which is to be discharged, discarded, recycled, and/or reprocessed.

ILLICIT CONNECTION: Means any human-made conveyance that is connected to the storm drain system without a permit, excluding roof drains which convey only storm water.

ILLICIT DISCHARGE: Means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. Illicit discharge includes all non-storm water discharges except discharges pursuant to an NPDES permit or discharges that are exempted or conditionally exempted from prohibition by such permit.

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

INDUSTRIAL/COMMERCIAL FACILITY: Means any public or private facility involved and/or used in either the production, manufacture, storage, transportation, distribution, exchange, or sale of goods and/or commodities, and any facility involved and/or used in providing professional and nonprofessional services. This category of facility includes, but is not limited to, any facility defined by the North American Industry Classification System (NAICS).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): Means the conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human-made channels, or storm drains):

(1) 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, storm water, 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;

(2) Designed or used for collecting or conveying storm water;

(3) Which is not a combined sewer; and

(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2.

(40 CFR § 122.26(b)(8)) (Source: Order No. R4-2012-0175)

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: Means a permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Act that authorizes discharges to waters of the United States.

NON-STORM WATER DISCHARGE: Means any discharge to the storm drain system and/or receiving waters that is not composed entirely of storm water.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): Means a classification pursuant to the current edition of the North American Industry Classification System Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, and as the same may be periodically revised.

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

POLLUTANT: Shall have the same meaning as set forth in Section 502(6) of the Act or as incorporated into the California Water Code Section 13373. Pollutants include, but are not limited to the following:

(1) Commercial and industrial waste (such as fuels, solvents, chemicals, detergents, plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers, pesticides, soot, slag, ash, and sludge);

(2) Metals (such as cadmium, lead, zinc, copper, silver, nickel, and chromium) and nonmetals (such as arsenic, carbon, chlorine, fluorine, phosphorous and sulfur);

(3) Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);

(4) 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;

(5) Animal wastes (such as discharges from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

(6) Substances having acidic or corrosive characteristics such as a pH of less than six or greater than nine; and

(7) Substances having unusual coloration or turbidity, levels of fecal coliform, fecal streptococcus, or enterococcus, which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state.

RECEIVING WATERS: Means all surface water bodies within the City that are identified by a regional board in a basin plan.

REGIONAL BOARD: Means a California Regional Water Quality Control Board.

RUNOFF: Means any storm water or non-storm water discharge from any surface and/or drainage area that reaches the storm drain system and/or receiving waters.

STATE BOARD: Means the State Water Resources Control Board.

STORM DRAIN SYSTEM: Means any street, gutter, conduit, natural or artificial drain, channel and watercourse, and/or other facility or any combination thereof, that is owned and/or operated by the City or by Los Angeles County and used for the purpose of collecting, storing, transporting, and/or disposing of runoff.

STORM WATER: Means any water which originates from atmospheric moisture (rainfall or snowmelt) and falls onto land, water, and/or other surfaces.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP): Means a plan required by and for which the contents are specified in an NPDES permit.

STORM WATER RUNOFF: Means that part of precipitation which travels across any surface to the storm drain system and/or receiving waters.

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

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

U.S. EPA: Means the United States Environmental Protection Agency.

WET WEATHER EROSION CONTROL PLAN: Means a plan required by the City when construction is to commence not later than 30 days prior to and/or will continue into the rainy season (November 1 through April 15). This plan supplements a construction SWPPP. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1002: GENERAL PROVISIONS:

A. SHORT TITLE: The ordinance codified in this article shall be known as the “storm water and runoff pollution control ordinance of the City of Burbank” and may be referred to as such.

B. PURPOSE AND INTENT: The purpose of this article is to protect the health and safety of the residents of the City by protecting the beneficial uses, marine habitats, and ecosystems of receiving waters within the City from pollutants carried by storm water and non-storm water discharges. The intent of this article is to enhance and protect the water quality of the receiving waters of the City and the United States, consistent with the Act.

C. APPLICABILITY OF THIS ARTICLE: The provisions of this article shall apply to the discharge, deposit or disposal of any storm water and/or runoff or other materials to the storm drain system and/or receiving waters within the City of Burbank.

D. STANDARDS, GUIDELINES AND CRITERIA: The Director or General Manager may establish uniform minimum standards, guidelines, and/or criteria for specific discharges, connections, and/or BMPs. The provisions of this section shall not prohibit the Director or General Manager from requiring a discharger or permittee from taking additional measures to achieve the objectives of this article or any permit.

E. EMPLOYER RESPONSIBILITY: Any person or entity (i.e., an employer) employing another person (i.e., an employee) to perform work shall have a duty to train such employee and supervise such work to ensure compliance with the Article. It shall be unlawful for any such employer to direct, supervise, permit or allow any other person to violate the provisions of this Article. [Added by Ord. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1003: DISCHARGE TO THE STORM DRAIN SYSTEM:

A. ILLICIT DISCHARGES PROHIBITED: No person shall direct, supervise or otherwise cause any discharge to enter the storm drain system unless such discharge:

(1) Consists entirely of storm water;

(2) Consists of non-storm water that is authorized by an NPDES permit issued by the U.S. EPA, the State Board, or the Los Angeles Regional Board or authorized by U.S. EPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);

(3) Is associated with emergency fire fighting activities;

(4) Consists of natural flows including springs, flows from riparian habitats or wetlands, diverted streams authorized by the State Board or a Regional Board, uncontaminated ground water infiltration, and rising groundwater or seepage;

(5) Consists of a conditionally exempt non-storm water discharge in compliance with the conditions identified in Section 8-1-1004, or

(6) Is otherwise in compliance with the requirements of this article.

B. INSTALLATION OR USE OF ILLICIT CONNECTIONS PROHIBITED: No person shall permit, allow, install, maintain or use any connection to the storm drain system or shall cause non-storm water to be discharged or conveyed through a connection to the storm drain system unless the connection has been permitted by the Director or General Manager.

C. REMOVAL OF ILLICIT CONNECTION: If any person fails to remove an illicit connection upon notification by an Enforcement Official, or upon revocation of a connection permit, the Director or General Manager may remove such connection from the storm drain system pursuant to Section 8-1-1002 of this article. The Director or General Manager may pursue the recovery of costs for such removal pursuant to Section 8-1-1002 of this article.

It is unlawful for any person, firm, corporation, municipality or district to interfere with, cause damage to, destroy or use in any manner whatsoever any flood control, storm drain or water conservation structure, facility, appurtenance, or any other property owned, constructed, maintained or controlled by or on behalf of the City of Burbank, without having received a written permit, which shall be revocable whenever, in the opinion of the Director or General Manager, the public interest and welfare require the revocation thereof. Application for the use of any property of the City shall be made to the Director or General Manager, setting forth the particular use desired and the purpose and duration thereof, and the Director or General Manager shall investigate such application and may impose such terms and conditions as may be necessary to insure the proper maintenance of the property for the purpose for which it was constructed, acquired or maintained. This section does not apply to any entry or use in the course of duty by any peace or police officer, or by a duly authorized employee of the City of Burbank.

D. POLLUTING OR DAMAGING SUBSTANCES PROHIBITED:

(1) No person shall direct, supervise or otherwise cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, placed, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private property except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from storm water or runoff.

(2) No person shall direct, supervise or otherwise cause the disposal of hazardous materials or wastes into trash containers used for municipal trash disposal.

(3) No person shall direct, supervise or otherwise cause to be discharged to the storm drain system any pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation.

(4) No person shall direct, supervise or otherwise cause the accumulation of pollutants, leaves, dirt, or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or any fabricated or natural conveyance.

(5) No person shall direct, supervise or otherwise cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source of waste holding tank, container or device.

(6) No person shall direct, supervise or otherwise discharge, cause, permit, or contribute to the discharge to the storm drain system or receiving waters any pollutant that injures or constitutes a hazard to human, animal, plant or aquatic life, or creates a public nuisance.

(7) No person shall direct, supervise or otherwise discharge, cause, permit, or contribute to the discharge to the storm drain system or receiving waters any noxious or malodorous liquid, gas, or solid in sufficient quantity, either singly or by interaction with other materials, which creates a public nuisance, hazard to life, or inhibits authorized entry of any person into the storm drain system.

E. STORM WATER AND RUNOFF POLLUTION MITIGATION FOR CONSTRUCTION ACTIVITY: No person shall commence any construction activity for which a permit is required by Title 9 Chapter 3 of this code without implementing all storm water and runoff pollution mitigation measures required by such permit.

F. PROHIBITED DISCHARGES FROM INDUSTRIAL OR COMMERCIAL ACTIVITY: The following discharges from industrial or commercial activities are prohibited unless the discharge is in compliance with an NPDES permit:

(1) Discharge of wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities;

(2) Discharge of wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

(3) Discharge to the storm drain system from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is undertaken;

(4) Discharge to the storm drain system from storage areas for materials containing grease, oil, or hazardous materials, or uncovered receptacles containing hazardous materials, grease, or oil;

(5) Discharge of swimming pool filter backwash to the storm drain system;

(6) Discharge from the washing of toxic materials from paved or unpaved areas to the storm drain system;

(7) Discharge from the washing out of concrete trucks, concrete mixers or other construction equipment to the storm drain system; or

(8) Discharge from the washing or rinsing of mats, grates, floor coverings, equipment or garbage bins or cans from any commercial kitchen, or from any other commercial food preparation or processing activity into the storm drain system.

(9) Discharge of untreated runoff from the washing of impervious surfaces into the storm drain system. This provision shall apply unless the washing is specifically required by State codes and is conducted in accordance with Section 8-1-1004.

G. INDUSTRIAL/COMMERCIAL FACILITY SOURCES REQUIRED TO OBTAIN AN NPDES PERMIT: Any industrial or commercial facility required to have an NPDES permit shall retain on-site and, upon request, make immediately available to the Director the following documents as evidence of compliance with permit requirements, as applicable:

(1) A copy of the NPDES permit issued for the activity or the notice of intent to comply with a general permit to discharge storm water associated with industrial activity as submitted to the State Board or report of waste discharge as submitted to a Regional Board of jurisdiction;

(2) A waste discharge identification number issued by the State Board or copy of the NPDES permit issued by a Regional Board;

(3) A SWPPP and a monitoring program plan or group monitoring plan;

(4) Storm water quality data; and

(5) Evidence of facility self-inspection.

H. PUBLIC FACILITY SOURCES REQUIRED TO OBTAIN AN NPDES PERMIT: Any public facility required to have an NPDES permit shall retain on-site and, upon request, make immediately available to the Director the following documents as evidence of compliance with permit requirements, as applicable:

(2) A waste discharge identification number issued by the State Board or copy of the NPDES permit issued by a Regional Board;

(3) A SWPPP and a monitoring program plan or group monitoring plan;

(4) Storm water quality data; and

(5) Evidence of facility self-inspection.

I. NOTIFICATION OF UNCONTROLLED DISCHARGES REQUIRED:

(1) Upon the discovery of an uncontrolled discharge to the storm drain system, the discharger or permittee shall immediately notify the Director of the incident by telephone in addition to any other notifications to public agencies as may be required by law. The notification shall include location of the discharge, type of materials discharged, estimated concentration and volume of the discharge, and corrective actions taken to contain or minimize the effects of the discharge.

(2) Within 10 calendar days after the first discovery of the uncontrolled discharge, the discharger or permittee shall submit to the Director a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge. Such notification shall not relieve the discharger or permittee from liability or fines incurred as a result of the uncontrolled discharge. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1004: RUNOFF MANAGEMENT REQUIREMENTS:

A. Good Housekeeping Provisions: An owner or occupant of any property shall comply with the following good housekeeping requirements:

(1) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, fuel, animal waste, garbage, batteries, and/or septic waste in an area where actual or potential discharge to the City streets or the storm drain system may occur. Any spills, discharge, or residues shall be removed as soon as possible and disposed of properly.

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

(3) Any machinery or equipment which is to be repaired or maintained in areas exposed to storm water or otherwise susceptible to runoff shall be provided with containment areas to control leaks, spills, or discharges.

(4) All motor vehicle parking lots with more than twenty five (25) parking spaces and located in areas exposed to storm water or otherwise susceptible to runoff shall have all debris removed by regular sweeping or other equally effective measures. Such debris shall be collected and properly disposed of.

B. Conditionally Exempt Non-Storm water BMPs: No person shall direct, supervise or otherwise cause any of the following discharges to enter the storm drain system unless such discharge meets all specified conditions or as otherwise approved by the Director or General Manager.

(1) Discharges from essential non-emergency fire fighting activities must implement appropriate BMPs based on CAL FIRE, Office of the State Fire Marshal’s Water-Based Fire Protection Systems Discharge Best Management Practices Manual (September 2011) for water-based fire protection system discharges, and based on Riverside County’s Best Management Practices Plan for Urban Runoff Management (May 1, 2004) or equivalent BMP manual for fire training activities and post-emergency fire fighting activities.

(2) Discharges from drinking water supplier distribution systems, where not otherwise regulated by an NPDES permit must implement appropriate BMPs based on the American Water Works Association (California-Nevada Section) Guidelines for the Development of Your Best Management Practices (BMP) Manual for Drinking Water System Releases (2005) or equivalent industry standard BMP manual.

(a) Discharges from drinking water supplier distribution systems greater than 100,000 gallons must obtain a permit from the Director or General Manager.

(3) Discharges from swimming pools or spas must obtain a permit from the Director and demonstrate the following;

(a) The discharge must be neutralized, dechlorinated, and debrominated.

(b) The discharge must not contain other chemicals, including salts from salt water pools, that would have detrimental effect on the storm drain system or the receiving waters.

(4) Discharges from the following sources must comply with guidance and conditions established by the Director or General Manager including if directed to obtain a permit.

(a) Dewatering of lakes

(b) Landscape irrigation

(d) Non-commercial car washing by residents or by non-profit organizations;

(e) Street/sidewalk wash water

(5) Permits:

(a) Each application for a permit shall be accompanied by a permit fee in an amount designated in the Burbank Fee Resolution to cover the cost of investigation, inspection, and processing the permit together with a cash deposit in an amount deemed sufficient by the Director or General Manager to reimburse the City for any expense it may incur as a result of such use of the street.

(b) Pursuant to Section 8-1-1002, the Director or General Manager may establish standards and conditions in the permit for such discharges, including but not limited to the monitoring, record keeping, and reporting requirements.

C. Best Management Practices for Construction Activity: All BMPs required as a condition of any permit for construction activity granted pursuant to Title 9, Chapter 3 of this code shall be maintained in full force and effect during the term of the project, unless otherwise authorized by the Director.

D. Best Management Practices For Industrial And Commercial Facilities: All industrial and commercial facilities shall implement BMPs to the maximum extent practicable. Minimum BMPs applicable to all industrial and commercial facilities include, but are not limited to:

(1) Termination of all nonstorm water discharge to the storm drain system that is not specifically authorized by an NPDES permit;

(2) Exercising general good housekeeping practices;

(3) Incorporating regular scheduled preventive maintenance into operations;

(4) Maintaining spill prevention and control procedures;

(5) Implementing soil erosion control;

(6) Posting on site private storm drains to indicate that they are not to receive liquid or solid wastes;

(7) Implementing regular cleaning of the on site private storm drain system; and

(8) Ensuring that storm water runoff is directed away from operating, processing, fueling, cleaning and storage areas.

E. Installation of Structural BMPs: No person shall install a structural BMP for the purpose of treating, neutralizing, disposing of, monitoring or diverting to the sanitary sewer system any runoff without the approval of the Director. Such facilities may be subject to plan review, application and issuance of operating permits pursuant to Article 5 of this chapter.

F. BMPs to Be Consistent with Environmental Goals: No person shall install or implement a BMP that transfers pollutants to air, ground water, surface soils and/or other media in a manner inconsistent with applicable environmental laws and regulations. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14.]

8-1-1005: VIOLATIONS AND ENFORCEMENT:

A. ENFORCEMENT -- DIRECTOR’S POWERS AND DUTIES: The Director shall have primary responsibility for the enforcement of the regulations in this article and shall have the power to render interpretations of this article and to adopt and enforce rules and regulations supplemental to this article as may be deemed necessary to clarify the application of the provisions of this ordinance. The Director may enter into agreements with other departments for the purpose of implementing this article.

B. IDENTIFICATION FOR INSPECTORS AND MAINTENANCE PERSONNEL: The Director shall provide means of identification to inspectors and storm drain system maintenance personnel which shall identify them as such. Inspectors and storm drain system maintenance personnel shall identify themselves upon request in the performance of their duties under this article.

C. OBSTRUCTING ACCESS TO FACILITIES PROHIBITED: No object, whether a permanent structure, a temporary structure, or any object which is difficult to remove, shall be located on any storm drain easement or placed in such a position as to interfere with the ready and easy access to any facility conveying storm water or runoff as described in this article unless authority is granted by the Director. Upon notification by the Director, any such obstruction shall be immediately removed by the responsible party at no expense to the City, and shall not be replaced.

D. INSPECTION TO ASCERTAIN COMPLIANCE - ACCESS REQUIRED:

(1) Industrial or Commercial facilities shall be subject to inspection by the Director to assess whether applicable BMPs are being implemented.

Approval as a result of an inspection shall not be construed to be an approval of a violation of this ordinance or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this ordinance or of other ordinances of the jurisdiction shall not be valid.

When timely compliance with this Title and minimum standards, guidelines, and/or criteria for specific discharges, connections, and/or BMPs specified by the Director is not achieved by the facility, the inspector shall document observations of potential violations or violation and provide notification to the Regional Water Quality Control Board of the possible violations and the location of the facility.

(2) The Director may at any reasonable hour enter upon any premises, subject to approval of the occupant, or if refused, after obtaining an appropriate warrant to inspect any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES permit, SWPPP, storm water management plan, construction activity or other facility to ascertain whether such facilities, plans, or protective measures are in place, maintained and operated in accordance with the provisions of this article.

(3) In the course of such inspection, the Director may:

(a) Inspect, sample, make flow measurements of any runoff, discharge or threatened discharge;

(b) Place on the premises devices for runoff or discharge sampling, monitoring, flow measuring or metering;

(c) Inspect, copy, or examine any records, reports, plans, test results or other information required to carry out the provisions of this article, to the extent allowed by law; and

(d) Photograph any materials, storage areas, waste, waste containers, BMP, vehicle, connection, discharge, runoff and/or violation discovered during an inspection.

E. INTERFERENCE WITH INSPECTOR PROHIBITED: No person shall, during reasonable hours, refuse, restrict, resist or attempt to resist the entrance of the Director into any building, factory, plant, yard, construction project or other place or portions thereof in the performance of their duty within the powers conferred upon them by law.

F. ENFORCEMENT REMEDIES: When work is being done contrary to this article, the Director may order the work be corrected to achieve compliance with the provisions of this article. Failure to comply with the terms and conditions of an enforcement action shall constitute a violation of this article, and may result in escalation of the enforcement action. Remedies include those identified in this article and administrative enforcement provided by BMC 8-1-509.2-509.5, BMC 1-1-108.1, as well as judicial remedies provided by BMC 8-1-510.1, BMC 8-1-510.2, and BMC 1-1-105.

If a person fails to comply with an enforcement action issued under this section to remove an illicit connection, source or pollution, illegal discharge, obstruction, or other encroachment to the storm drain system, the Director may perform the work as provided in Section 8-1-1005.H. of this article. The person(s) responsible for directing, supervising, installing and/or operating such a facility shall be liable to the City for the cost of such work, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

A Verbal Warning, in response to threatened violations. Verbal warnings are documented and attached to the inspection file. Verbal warnings must include:

a. A description of the threatened violation.

b. A specific time frame for correcting the problem.

c. A follow-up inspection date.

A Written Warning in response to threatened violations or a minor violation. Written warnings are documented and attached to the inspection file. The Written Warning shall include:

a. The name and location of the project.

b. The name and address of the owner and contractor

c. A description of the violation.

d. A specific time frame for correcting the problem.

e. A follow-up inspection date.

A Compliance Meeting may be arranged to discuss the nature of a violation with the responsible party prior to initiation of a more formal enforcement action.
A Notice of Violation (NOV) in response to a significant violation, multiple minor violations or repeat violations. The NOV shall include:

a. The name and location of the project.

b. The name and address of the owner and contractor

c. A description of the violation, including the code section violated.

d. A specific time frame for correcting the problem.

e. A follow-up inspection date.

G. VIOLATION A PUBLIC NUISANCE: Any discharge in violation of this article, any illicit connection, and/or any violation of runoff management requirements shall constitute a threat to public health and safety and is declared and deemed a public nuisance.

H. NUISANCE ABATEMENT -- DIRECTOR TO PERFORM WORK WHEN - COSTS: Whenever a nuisance shall be found to exist on any premises, the Director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety, or the Director may notify in writing the person(s) having control of or acting as agent for such premises to abate or remove such nuisance within such time as is stated on the notice. Upon the failure or refusal of such person(s) to comply with the notice, the Director may abate such nuisance in the manner provided by law. The person(s) having control of such premises, in addition to the penalties provided by this article, shall be liable to the City for any costs incurred by the City for such abatement, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

I. VIOLATION - PENALTY: In addition to any other remedy set forth in this Article, any person, firm, corporation, municipality or district or any officer or agent of any firm, corporation, municipality or district violating any provision of this article shall be guilty of a misdemeanor. Such violation shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the City jail for a period not to exceed six months, or by both such fine and imprisonment. Each day during any portion of which such violation is committed, continued or permitted shall constitute a separate offense and shall be punishable as such.

J. PENALTIES NOT EXCLUSIVE: Penalties under this article are in addition to, and do not supersede or limit, any and all other penalties or remedies provided by law.

K. CONFLICTS WITH OTHER CODE SECTIONS: The provisions of this article shall control over any inconsistent or conflicting provisions of this code.

L. SEVERABILITY: If any portion of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article, and the application of such provisions to other persons or circumstances, shall not be affected thereby. [Added by Ord. No. 3677, eff. 8/20/05; Amended by Ord. No. 13-3,848, eff. 1/17/14; 3721.]

8-1-1006: RESERVED:

[Deleted by Ord. 13-3,848, eff. 1/17/14.]

8-1-1007: AUTHORITY OF DIRECTORS OF PUBLIC WORKS AND COMMUNITY DEVELOPMENT TO IMPLEMENT STANDARD URBAN STORM WATER MITIGATION PLAN AND STORM WATER POLLUTION CONTROL MEASURES FOR DEVELOPMENT PLANNING:

The Directors of Public Works and Community Development shall make rules and regulations when necessary to interpret the Standard Urban Storm Water Mitigation Plan (SUSMP) and development planning standards fairly. Such rules shall be published and maintained at the Office of the City Clerk. Such rules may include the adoption of a fee to pay for the City’s expenses related to the implementation of the SUSMP and development planning standards. If so, such fee shall not be effective until it is set forth in the City’s Fee Resolution.

The Community Development Director has the authority to enter into covenants, on behalf of the City, to assure that proper maintenance of the BMPs which shall be recorded with the Los Angeles County Recorder’s Office, and run with the land. Such covenant may require annual self-certification by the developer, landowner, or other responsible party of compliance with the ongoing maintenance obligations. Such covenant may be released if alternative BMPs have been substituted into the project, or are otherwise no longer necessary. [Added by Ord. 3552. Amended by Ord. No. 13-3,848, eff. 1/17/14; 3677.]

1 State law reference: As to sewer maintenance districts, see Health & S.C. §§ 4860-4927. As to sewer revenue bonds, see Health & S.C. §§ 4950-5072. As to Municipal Sewer and Water Facilities Law of 1911, see Health & S.C. §§ 4600-4650.

2 State law reference: As to definitions, see Health & S.C. § 5410.

3 State law reference: As to construction of sewers, see Gov.C. § 38900.

4 State law reference: As to provisions relating to compulsory connection with sewage system, see Gov.C. § 54352; Health & S.C. §§ 4762, 5463.

5 State law reference: As to lien for work done in making connection to sewer, see Health & S.C. § 5463.