Commerce Municipal Code Ch. 6.17 Stormwater and Runoff Pollution Control

Footnotes:

--- (3) ---

Editor's note— Ord. No. 676, § 1, adopted Feb. 2, 2016, amended Ch. 6.17 in its entirety to read as herein set out. Former Ch. 6.17, §§ 6.17.010—6.17.030, pertained to similar subject matter and derived from Ord. No. 536, § 1, 1999.

This chapter shall be known as "Stormwater and Runoff Pollution Control" and may be so cited.

(Ord. No. 676, § 1, 2-2-2016)

The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal National Pollutant Discharge Elimination System (NPDES) Permit by:

(1) Reducing pollutants in stormwater discharges to the maximum extent practicable;

(2) Regulating illicit connections and illicit discharges, thereby reducing the level of contamination of stormwater and dry weather runoff into the Municipal Separate Storm Sewer System (MS4) of the City of Commerce (city); and

(3) Regulating non-stormwater discharges to the MS4.

The intent of this chapter is to protect the health and safety of the residents of the city and enhance and protect the water quality of the receiving waters of the city and the United States, consistent with the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the municipal NPDES permit.

(Ord. No. 676, § 1, 2-2-2016)

As used in this chapter, the following definitions shall apply. The following definitions shall control in the application and enforcement of the provisions of this chapter if alternate definitions of the same terms in the code conflict therewith.

"Adverse impact" refers to a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant(s).

"Authorized enforcement officer" means the city administrator, director, or his or her designee.

"Automotive dealership" refers to a facility that is defined by any one of the following Standard Industrial Classifications (SIC): 5511, 5521 or 5551-5599.

"Automotive service facility" is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes: 5013, 5014, 5541, 5511, 7532-7534, or 7536-7539. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to stormwater.

"Basin plan" refers to the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments.

"Beneficial uses" refers to existing or potential uses of receiving waters in the permit area as defined by the regional water board in the basin plan.

"Best management practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water.

"California Environmental Quality Act (CEQA)" refers to the self-executing statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.

"City" refers to the City of Commerce.

"City council" refers to the City Council of the City of Commerce.

"Code of Federal Regulations (CFR)" refers to 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" refers to 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 non-professional services. Commercial activity does not mean a dwelling as defined in Title 19 of this code.

"Construction activity" includes any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that may result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage is required if more than one acre is disturbed or the activities are part of a larger plan.

"County" refers to Los Angeles County.

"Department" refers to the Department of Community Development of the City of Commerce.

"Director" refers to the Director of the Public Works and Development Services Department of the City of Commerce or his or her authorized designee.

"Discharge" refers to any release, spill, leak, pumping, flow, escape, dumping or disposal of any gas, liquid, semi-solid, or solid substance.

"Disturbed area" means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention.

"Gas station" refers to any facility engaged in selling gasoline or other lubricating oils, including any automotive service facility located on the same or contiguous property and under the same ownership and management.

"Good housekeeping practice" means common practices related to the storage, use, or cleanup of pollutionable materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, use of alternative and less environmentally harmful products, spill prevention, promptly cleaning up spills and leaks, and storing pollutionable materials in a manner that will contain any leaks or spills.

"Hazardous material" refers to any material defined as hazardous by Chapter 6.5 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 261.20, which is not excluded from regulation as a hazardous waste under 40 CFR 261.40(b) or is a hazardous substance under Section 101(14) of the Clean Water Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24.

"Hazardous waste" refers to a hazardous material which is to be discharged, discarded, recycled, and/or reprocessed.

"Hillside home developments" are properties located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes.

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

"Illicit discharge" means any discharge to the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. This includes all non-stormwater discharges except discharges pursuant to a separate NPDES permit; discharges that are exempted or conditionally exempted in accordance with the Municipal NPDES Permit; and non-stormwater discharges resulting from natural flows specifically identified in the municipal NPDES permit.

"Industrial activity" refers to any public or private activity listed in any of the eleven categories of activities defined in 40 CFR 122.26(b) (14) which require a NPDES permit.

"Industrial/commercial facility" refers to any public or private facility involved and/or used in either production, manufacturing, storage, transportation, distribution, exchange or the sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facility includes, but is not limited to, any facility defined by a Standard Industrial Classification (SIC).

"Inspection" means entry, access and the conduct of an on-site review of property and structures and devices on said property, at reasonable times as authorized by state law, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, may include, but are not limited to:

(1) Pre-inspection documentation research;

(2) Mailed notification explaining the purpose and legal regulations for the inspection;

(3) Request for entry;

(4) Interview of property owner (s), business owner(s), tenant(s), resident(s) and/or occupant(s);

(5) Property walk-through;

(6) Visual observation of the condition of property premises;

(7) Documenting or memorializing visual observations through the aid of a camera or visual recording devices, note-taking, and/or taking measurements;

(8) Examination and copying of records as required;

(9) Sample collection (if necessary or required);

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

(11) Preparation of an inspection report, notice of correction, and/or order to comply, and if appropriate, recommendations for coming into compliance including providing a copy of the inspection report, notice of correction and/or order to comply to the property owner(s), business owner(s), tenant(s), resident(s), occupant(s) and/or any responsible third party or person.

"Low impact development" or "LID" means building or landscape features designed to retain or filter stormwater runoff. Refer to City Ordinance Number 651 or Chapter 19.33 of Title 19 of the Commerce Municipal Code for Low Impact Development requirements.

"Municipal NPDES permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board—Los Angeles Region, and any successor permit or amendments to that permit.

"Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade 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, 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 Clean Water Act that discharges to waters of the United States;

(2) Designed or used for collecting or conveying stormwater;

(3) Which is not a combined sewer; and

(4) Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.

"National Pollutant Discharge Elimination System" or "NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Sections 307, 402, 318, and 405.

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

"Non-stormwater discharge" refers to any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater.

"Person" means an individual, association, firm, partnership, public or private corporation, business entity, trust, organization, or public agency, whether principal, agent, representative, employee, or otherwise thereof.

"Pollutant" means those pollutants defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include but are not limited to the following:

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

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

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

(4) 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;

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

(6) Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

"Receiving waters" refers to all surface water bodies the city discharges to that are identified by a regional water board in a basin plan.

"Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of ten thousand square feet or more of impervious surface on existing single family dwelling and accessory structures or the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site for non-single family projects. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

"Regional board" refers to the Los Angeles Regional Water Quality Control Board.

"Restaurant" refers to a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812).

"Routine maintenance" includes, but is not limited to, projects conducted to:

(1) Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

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

(3) Perform road shoulder work, regrading dirt or gravel roadways and shoulders, and performing ditch cleanouts.

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

(5) Repair leaks.

"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" refers to any stormwater or non-stormwater discharge from any surface and/or drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.

"Sidewalk washing" means pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and properly disposing of all debris collected, as authorized under Regional Water Board Resolution No. 98-08.

"Significant ecological areas (SEAs)" are areas that are determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria:

(1) The habitat of rare, endangered, and threatened plant and animal species.

(2) Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.

(3) Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.

(4) Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

(5) Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.

(6) Areas important as game species habitat or as fisheries.

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

(8) Special areas.

"Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include but are not limited to vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. Refer to City Ordinance Number 651, as enacted in Chapter 19.33 of Title 19 of the Commerce Municipal Code for Low Impact Development requirements.

"Standard Industrial Classification (SIC)" refers to a classification pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Officer of the President of the United States, Office of Management and Budget.

"State water board" refers to the State of California Water Resources Control Board.

"Storm drain system" refers to 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, the county, or Los Angeles County Flood Control District and used for the purpose of collecting, storing, transporting, and/or disposing of runoff.

"Stormwater" refers to stormwater runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b) (13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

"Stormwater pollution prevention plan (SWPPP)" is a plan, as required by a state general permit, identifying potential pollutant sources and describing the design, placement, and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges during activities covered by the general permit.

"Stormwater runoff" refers to stormwater which travels across any surface to the storm drain system and/or receiving waters.

"Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPs.

"Treatment control BMP" refers to an engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or any other physical, biological, or chemical process.

"Uncontrolled discharge" refers to 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.

"USEPA" refers to the United States Environmental Protection Agency.

(Ord. No. 676, § 1, 2-2-2016)

The provisions of this chapter shall apply to the discharge, deposit, or disposal of any stormwater and/or non-stormwater runoff to the MS4 and/or receiving waters from areas within the city covered by the municipal NPDES permit to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto.

(Ord. No. 676, § 1, 2-2-2016)

The director 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 from requiring a person or entity causing, allowing, permitting or suffering a discharge or permittee from taking additional measures to achieve the objectives of this chapter or any permit.

(Ord. No. 676, § 1, 2-2-2016)

(a) Illicit connections/illicit discharges.

(1) Illicit connections. It is a violation of this chapter to cause, allow, permit or suffer the commencement, establishment, use, maintenance, or continuation any connections to the MS4 or any discharges to the MS4 unless the connection has been permitted by the city, county and/or county flood control district. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was commenced or established prior to or after the effective date of this chapter.

If any person fails to remove an illicit connection upon notification by the city or county or upon revocation of a connection permit, the city or county may utilize enforcement mechanisms to require compliance with any and all applicable ordinances, permits, contracts, or orders pursuant to Section 6.17.110 of this chapter, or any other remedies available to the city or county to secure compliance.

(2) Illicit discharges. It is a violation of this chapter to cause, allow, permit or suffer the discharge of all non-stormwater discharges into the MS4. All non-stormwater discharges into the MS4 are prohibited unless those flows are: in compliance with a separate NPDES permit; pursuant to a discharge exemption by the regional board, the regional board's executive officer, or the state water board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES permit; conditionally exempt non-stormwater discharges as defined in accordance with the municipal NPDES permit; or authorized as a temporary non-stormwater discharge by the USEPA pursuant to Sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Illicit discharges include but are not limited to:

a. The discharge of wash waters to the MS4 from commercial auto washing or when gas stations, auto repair garages, or other type of automotive service facilities are cleaned;

b. Discharge of wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

c. Discharge to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is undertaken;

d. Discharge to the MS4 from storage areas for materials containing grease, oil or hazardous materials or uncovered receptacles containing hazardous materials, grease or oil;

e. Discharge of commercial/residential swimming pool filter backwash to the MS4;

f. Discharge from the washing of toxic materials from paved or unpaved areas to the MS4;

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

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

i. Discharges to the MS4 of any pesticide, fungicide, or herbicide banned by the USEPA or the California Department of Pesticide Regulation or 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.

j. The disposal of hazardous materials, wastes, or substances into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4.

k. Discharge from the washing or rinsing of restaurant mats, equipment or garbage bins or cans in such a manner that causes non-stormwater to enter the MS4.

l. Discharge to the MS4 of any human or animal waste, including urine or fecal matter.

(3) Notification of illicit discharges. Upon discovery of an illicit discharge to the MS4, the person causing, allowing, permitting or suffering the discharge or permittee shall:

a. 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 discharge location, type of materials discharged, estimated concentration and volume of the discharge, and corrective action taken to contain or minimize the effects of the discharge; and

b. Within ten calendar days after the first discovery of the illicit discharge, submit to the Director a detailed written report describing the cause of the discharge, corrective action(s) 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.

(b) Littering, polluting, discharging of damaging substances. No person shall cause:

(1) Any refuse, rubbish, garbage, food waste or any 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 stormwater or runoff. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the city.

(2) The disposal of hazardous materials or wastes into trash containers used for municipal trash disposal.

(3) A USEPA or California Department of Pesticide Regulation prohibited substance discharge to the MS4. Further, no person shall cause a discharge to the MS4 of any pesticide, fungicide or herbicide in concentrations that exceed a water quality objective established by the regional water board for that portion of the MS4 or for any downstream waters.

(4) 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) The disposal of sanitary or septic waste or sewage into the MS4 from any property or residence, any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source or any waste holding tank, container or device.

(6) Any discharge that would cause or contribute to a violation of the municipal NPDES permit, either separately or in combination with other discharges.

(c) Pet waste. No person shall walk, or otherwise have in his or her custody or control, any pet upon any public or private property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, a suitable wrapper, bag or container sufficient to remove and to lawfully dispose of any fecal waste matter that may be deposited on the ground by the pet. Any waste deposited by the pet must be immediately removed by the person in custody or control of the pet unless otherwise authorized by the property owner.

(d) 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, allowing, permitting, or suffering 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.

(e) Industrial activity. No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including a NPDES general industrial activity stormwater permit when required. Persons conducting industrial activities within the city shall refer to the most recent edition of the Industrial/Commercial Stormwater Best Management Practices Handbook, produced and published by the California Stormwater Quality Association, for specific guidance on selecting best management practices for reducing pollutants in stormwater discharges from industrial activities.

(f) Construction activity. No person shall commence any construction activity for which a permit is required pursuant to Los Angeles County Building Codes without implementing all stormwater and runoff pollution mitigation measures required by such a permit. All BMPs required as a condition of any permit for construction activity pursuant to this code shall be maintained in full force and effect during the term of the project, unless otherwise authorized by the director.

(Ord. No. 676, § 1, 2-2-2016)

(a) Industrial, commercial, and public facilities compliance with NPDES permit. Any industrial, commercial, or public facility required to have an NPDES permit shall retain their permit on-site and make the following documents available to the Director as evidence of compliance with the permit, upon request:

(1) A copy of the businesses' NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial activity as submitted to the State Water Board or Report of Waste Discharge (ROWD) as submitted to the regional water board;

(2) A waste discharge identification (WDID) number issued by the State Water Board;

(3) A SWPPP and a monitoring program plan or no exposure certification for facilities subject to this requirement;

(4) Stormwater quality data; and

(5) Evidence of facility self-inspection.

(b) Requirements for industrial/commercial and construction activities.

(1) Each industrial or commercial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Board, or the regional board, shall comply with all requirements of such permit. 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 permit may be required in a form acceptable to the authorized enforcement officer prior to the issuance of any grading, building, final approval, or any other type of permit or license issued by the city. Industrial and commercial discharges, and discharges associated with construction activity, which are not subject to either a general or individual NPDES permit, shall still be required to comply with the provisions of this chapter, as required by NPDES permit provision VI.A.2.a.i.

(2) Non-stormwater discharges to the MS4 from industrial, commercial, or construction activities are prohibited except as indicated in Section 6.17.060(A)(2) of this chapter.

(3) Industrial and commercial dischargers and dischargers associated with construction activities must implement effective BMPs, including source control BMPs, in accordance with the municipal NPDES permit to reduce pollutants in stormwater from such sites to the maximum extent practicable.

(4) Stormwater runoff containing sediment, construction materials, or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable.

(c) 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 non-stormwater discharge to the MS4 that is not specifically authorized by a NPDES permit;

(2) Removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality in areas exposed to stormwater;

(3) Exercising general good housekeeping practices;

(4) Incorporating regularly scheduled preventive maintenance into operations;

(5) Maintaining spill prevention and control procedures;

(6) Immediate clean-up of spills and leaks of pollutionable materials;

(7) Implementing soil erosion control;

(8) Implementing sediment controls;

(9) Implementing waste management practices;

(10) Signage on private on-site storm drains to indicate that they are not to receive liquid or solid wastes;

(11) Regular cleaning of the private on-site storm drain system; and

(12) Insuring that stormwater runoff is directed away from operating, processing, fueling, cleaning and storage areas.

(Ord. No. 676, § 1, 2-2-2016)

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 city streets or the MS4 may occur. Any spills, discharge or residues shall be removed as soon as possible and disposed of properly.

(2) Runoff from landscape irrigation, air conditioning condensate, water line flushing, foundation/footing drains, individual residential car washing, dechlorinated swimming pool discharges, and sidewalk washing shall be conducted in a manner not in violation of other provisions of this code.

(3) Runoff from washing paved areas on industrial or commercial property, including but not limited to parking lots, is prohibited unless specifically required by federal, state, or local health or safety codes and not in violation of any other provision of this code. Conditionally exempt non-stormwater discharges of roadway/driveway wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents. Sweeping and collection of debris for trash disposal instead of or prior to use of water should be utilized whenever possible.

(4) Objects, such as motor vehicle parts, containing grease, oil, chemicals, refuse, or other pollutionable materials, and unsealed receptacles containing hazardous materials, shall not be stored or deposited in areas exposed to stormwater or otherwise susceptible to runoff discharging to the MS4 or receiving waters. Any such spill or exposure of materials shall be contained and removed immediately.

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

(6) All city-owned motor vehicle parking lots with more than twenty-five parking spaces and located in areas exposed to stormwater or otherwise susceptible to runoff shall have debris, oil, chemicals, and other pollutionable materials removed by regular sweeping or other equally effective measures, no less than two times per month and/or inspected no less than two times per month to determine if sweeping is necessary. Such debris shall be collected and properly disposed of to prevent or minimize pollutants or debris from running off the parking lot into the MS4.

(7) Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4. For example, restaurant kitchen mats may not be washed or rinsed into the street or alley.

(8) 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 which have potential adverse impacts on water quality.

(Ord. No. 676, § 1, 2-2-2016)

(a) No person shall install or implement a BMP that transfers pollutants to air, groundwater, surface soils, and/or other media in a manner inconsistent with applicable environmental laws and regulations; 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 this code.

(b) BMP implementation. Operators of construction sites, new or redeveloped land, and industrial and commercial facilities are required to minimize the discharge of pollutants to the MS4 through the installation, implementation, or maintenance of BMPs consistent with the city LID guidelines and the city green streets policy guidelines. Structural control practices must be properly operated and maintained, with documentation of their effectiveness.

(Ord. No. 676, § 1, 2-2-2016)

(a) Identification for inspectors. The director shall provide means of identification for inspectors, code enforcement officers, or any authorized enforcement officer, which shall identify them as such.

(b) Facility access. 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 stormwater or runoff as described in this chapter unless the Director grants authority to do so. 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.

(c) Stormwater inspections. The municipal NPDES permit requires that all industrial and commercial facilities considered critical sources of stormwater pollution must be inspected for compliance to confirm that stormwater and non-stormwater BMPs are effectively implemented in compliance with this chapter and the municipal NPDES permit.

The director or his/her designee, or any authorized enforcement officer, may inspect in a manner authorized by state law, as often and deemed necessary, any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES permit, SWPPP, stormwater 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 chapter.

In the course of such inspection, the director or his/her designee, or any authorized enforcement officer, may:

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

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

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

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

These inspections shall be at a frequency sufficient to be in compliance with the municipal NPDES permit. Inspections shall be conducted no less than twice during the term of the municipal NPDES permit and as often as the director deems appropriate to verify compliance with this chapter. The director will maintain an inventory and inspection record of all applicable industrial and commercial facilities.

(d) Inspector authority. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may enter such building or premises at all reasonable times as authorized by state law to inspect the same or perform any duty imposed upon the officer by this chapter; provided, that: (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant. In the event the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(e) Requirement to sample or monitor.

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

(2) The owner of the property may request a hearing within ten days after the authorized enforcement officer mails the invoice for the cost of monitoring and/or analyses. Such request shall be directed to the city administrator, who shall preside over the hearing. Notice of the hearing shall be mailed to the property owner, by registered mail, at least ten days before the date of the hearing. The city administrator shall provide notice of his or her decision within five business days after the hearing is conducted.

(f) Stormwater inspections fee. An inspection fee will be established pursuant to resolution by the city council.

(Ord. No. 676, § 1, 2-2-2016)

(a) Enforcement procedure.

(1) For the first failure to comply with any provision contained in this chapter, the director or any authorized enforcement officer shall issue to the violator a written notice which includes the following information: (i) a description of the violation being committed; (ii) a specified time within which the violation must be corrected or within which the violator may file a written response to the Director disputing the existence of a violation; and (iii) a description of the potential penalties which may be imposed for continued noncompliance.

(2) If the violator demonstrates that the violation does not exist, or has been corrected, no further action need be taken. If, however, the violation exists and is not corrected within the prescribed time, the Director may thereafter pursue any of the enforcement remedies described below in this section.

(b) Director's powers and duties.

(1) The director shall have primary responsibility for the enforcement of the regulations in this chapter. The director may enter into agreements with other departments and/or agencies/contractors/consultants for the purpose of implementing this chapter.

(2) This chapter authorizes the director to define and adopt applicable BMPs and other stormwater pollution control measures, to cite infractions, to impose fines pursuant to this chapter, and to grant emergency self-waivers from municipal NPDES permit requirements in order to conduct repairs of essential public service systems and infrastructure in emergency situations. Except as otherwise provided herein, the director shall administer, implement, and enforce the provisions of this chapter.

(3) This chapter authorizes the Director to carry out inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the provisions of this chapter and the municipal NPDES permit, including the prohibition of non-stormwater discharges into the MS4. This includes the authority to enter, monitor, inspect, take measurements, review and copy records, and require regular reports from entities discharging into the city's MS4.

(Ord. No. 676, § 1, 2-2-2016)

Any violation of the provisions of this chapter, including, but not limited to, causing, allowing, permitting or suffering a discharge in violation of this chapter, any illicit connection, and/or any violation of runoff management requirements shall constitute a threat to public health and safety and declared a public nuisance.

(a) Notice to correct violations. The director, or his or her designee, or an authorized enforcement officer, may issue a notice of violation and order to comply with the provisions of this chapter. Failure to comply with the terms and conditions of a notice of violation and order to comply shall constitute a violation of this chapter.

The director, or his or her designee, or an authorized enforcement officer, may also abate a nuisance on any premises should it constitute an immediate threat to public health or safety or may notify, in writing, the person(s) having control of or acting as agent for such premises to abate or remove such nuisance within the time stated on the notice.

If a person fails to comply with an order issued under this section to remove an illicit connection, obstruction, or other encroachment to the MS4, the director, or his or her designee, or an authorized enforcement officer, may order performance of the work necessary for compliance with this chapter. The person responsible for installing or operating or having control of such a facility shall be liable to the city for the cost of such abatement, including reasonable attorneys' fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction.

(b) Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor. Such violation shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the county 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, caused, allowed, permitted or suffered shall constitute a separate offense and shall be punishable as such. Penalties under this chapter are in addition to and do not supersede or limit any and all other penalties or remedies provided by law.

(c) Violations deemed a public nuisance.

(1) Any condition caused, allowed, permitted or suffered to exist in violation of any of the provisions of this chapter or the municipal NPDES permit is hereby determined to be a threat to the public health, safety, and welfare; is declared and deemed a public nuisance and may be abated or restored by any authorized enforcement officer; and an administrative, civil and/or criminal action to abate, enjoin, or otherwise compel the cessation of such nuisance may be brought by the city attorney or city prosecutor.

(2) 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.

(3) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city administrator 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 paragraph shall constitute a public nuisance and a violation of this chapter.

(d) Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a separate violation of such provision.

(e) Civil actions. In addition to any other remedies provided in this section, any violation of this chapter 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 and/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;

(3) Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation;

(4) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life; and

(5) Attorney fees.

(f) Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, the director, or his or her designee, or the authorized enforcement officer has the authority to utilize the following administrative remedies:

(1) Cease and desist orders. When it has been determined that a discharge has taken place or is likely to take place in violation of this chapter, the director, or his or her designee, or the authorized enforcement 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: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. Failure to comply with such an order shall constitute a separate violation of this chapter.

(2) Notice to clean. Whenever the director, or his or her designee, or the authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste, or any other pollutionable material of any kind, in or upon the sidewalk, alley, or other public right-of-way, 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 pollutionable 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. Failure to comply with such a notice shall constitute a separate violation of this chapter.

(g) Permit revocation. To the extent the city makes a provision of this chapter or any identified BMPs 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 Section 19.39.250 of this code.

(h) Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal, including remedies under the Federal Clean Water Act and/or Porter-Cologne Act. The remedies provided for in this section shall be cumulative and not exclusive.

(i) Citizen reporting. Members of the public are encouraged to report possible violations of this chapter to the city's public works department.

(Ord. No. 676, § 1, 2-2-2016)

The provisions of this chapter shall control over any inconsistent or conflicting provisions of this code.

(Ord. No. 676, § 1, 2-2-2016)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.

(Ord. No. 676, § 1, 2-2-2016)