Cudahy Municipal Code Ch. 13.08 Storm Water and Urban Runoff Pollution Control

This chapter shall be known as the storm water management and discharge control ordinance of the city. (Ord. 516 § 1. 2002 Code § 11-2.1).

(1) The city of Cudahy storm and surface water drainage system is planned, designed and operated to handle storm water and urban runoff flowing from public and private properties. In order to function effectively, this system requires that all private connections to it be properly constructed, maintained and operated.

(2) Storm water and urban runoff from individual properties flow onto streets, then through storm drains to the Los Angeles River, to Long Beach Harbor. It is therefore in the public interest to ensure that both public and private drainage systems are properly constructed, maintained, and operated in order to facilitate the proper functioning of the city’s storm and surface water drainage system and to prevent pollutants from entering the Los Angeles River and Long Beach Harbor.

(3) The city of Cudahy is a co-permittee under the Los Angeles County National Pollutant Discharge Elimination System (NPDES) municipal permit and, as such, is required by federal and state law to implement procedures to prevent and control the entry of pollutants of peak storm water discharge, and non-storm water discharges into the city’s storm drain system to the maximum extent practicable.

(4) The most significant pollutants in storm water and urban runoff come from dissolved solids, suspended solids, particulate matter, oil and grease.

(5) In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable guidelines regulating the use of water, grading operations, the storage of materials, machinery and equipment and the removal of debris and residue is essential.

(6) In order to reduce the quantity and maintain the quality of storm water and urban runoff volume from private and publicly owned properties which will be newly developed, substantially rehabilitated or redeveloped in the future, a program ensuring that the new developments shall incorporate design elements which facilitate control of such storm water and urban runoff is required.

(7) It is in the best interest of the city to establish guidelines and procedures for control of the quantity and quality of storm water and urban runoff from properties within the city including but not limited to single-family hillside residences, automotive repair shops, subdivision of a parcel or parcels into 10 lots or more, commercial developments of 100,000 square feet and greater, industrial, restaurants, and retail gasoline outlets. (Ord. 567 § 1. 2002 Code § 11-2.2).

* Editor’s Note: Former 2002 Code subsections 11-2.2 through 11-2.11, previously contained herein and containing portions of Ordinance 516, were amended in their entirety by Ordinance No. 567.

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

(1) Controlling the discharge of materials other than storm water to the municipal separate storm sewer system (MS4) and watercourses, except where such discharges are:

(a) In compliance with a separate or general NPDES permit; or

(b) Identified and excepted under the definition of “illicit discharge” herein.

(2) Reducing pollutants in storm water discharges to the maximum extent practicable.

The intent of this chapter is to protect and enhance the water quality of watercourses, water bodies, wetlands and receiving waters of the United States in a manner pursuant to and consistent with the Federal Clean Water Act. (Ord. 567 § 1. 2002 Code § 11-2.3).

When used in this chapter, the following words and phrases shall have the following meanings:

“Area susceptible to runoff” shall mean any surface exposed to precipitation or in the path of runoff caused by precipitation which leads directly to neighboring properties or to the street.

“Authorized enforcement officer” shall mean the city manager or appropriate designee.

“Automotive repair shops” shall mean and include the following retail businesses and which are identified with a Standard Industrial Code (SIC):

(1) Motor vehicle supplies and new parts as identified by SIC 5013 except if the business has no outside storage of any recycled oil or hazardous materials.

(2) Tires and tubes as identified by SIC 5014, except if the business does not engage in any outside repair.

(3) Gasoline service stations as identified by SIC 5541, except if the business does not engage in outside repair work.

(4) Top, body and upholstery repair shops and paint shops.

(5) Automotive exhaust repair shops.

(6) Tire retreading and repair shops.

(7) Automotive glass replacement shops.

(8) Automotive transmission shops.

(9) General automotive repair.

(10) Automotive repair shops, not elsewhere classified.

“Best management practices (BMPs)” shall mean the schedule of activities, prohibition of practices, general good housekeeping practices, pollution practices, maintenance procedures and other management practices which prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, design specifications and practices to control site runoff, spillage or leaks, sludge or waste disposal, or draining from raw material storage.

“Commercial developments” shall mean any development on private land that is not heavy industrial or residential. This category includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

“Illicit connection” shall mean any device through or by which illicit discharges are made into the city’s storm drain system, including, but not limited to, floor drains, pipes, or any fabricated or natural conduits.

“Illicit discharge” shall mean any discharge of any substance or material to the city’s storm drain system that is not composed entirely of storm water runoff, except for the following:

(1) Any discharge regulated under an NPDES permit issued to the discharger and administered by the state of California under the authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or requirements;

(2) Discharges from the following activities, when properly managed: water line flushing, and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation waters, diverted stream flows, rising ground water, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, residential air conditioning condensation, springs, dechlorinated swimming pool discharges, flows from riparian habitats and wetlands, and fire fighting activities.

(3) Other discharges permitted by law.

“MS4” shall mean municipal separate storm sewer system.

“New development,” for purposes of this chapter, shall mean and include all construction on unimproved properties as well as construction on improved properties which will result in: (1) an increase of 50 percent or greater in the size of a single-family home; (2) an addition of one or more dwelling units to a multifamily structure; (3) improvements valued at 50 percent or more of the value of existing improvements on nonresidential property.

“New development project” means land-disturbing activities; structural development, including construction or installation of a building or structure; creation of impervious surface; and land subdivision.

“NPDES” shall mean the National Pollutant Discharge Elimination System.

“One-hundred-thousand-square-foot commercial development” shall mean any commercial development that creates at least 100,000 square feet of impermeable area, including parking areas.

“Peak storm runoff rate” shall mean the storm water accumulated and discharged from a property during an average 10-minute period in a 25-year storm.

“Pollutant” shall mean and include, but is not limited to: dredged soil; solid waste; incinerator residue; animal wastes; sewage; gray water; garbage; sewage sludge; chemical wastes; biological materials; radioactive materials; wrecked or discarded equipment; rock; sand; cellar dirt; industrial, municipal and agricultural waste discharge; fertilizers; pesticides; herbicides and fungicides.

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

“Restaurant” shall mean a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods for immediate consumption.

“Single-family hillside residence” shall mean any lot or parcel of land, residential zoned and in residential use, which has an average slope of 15 percent or greater.

“Standard Industrial Code (SIC)” shall mean a numbering system developed by the U.S. Government, Office of Management and Budget, for the classification of establishments by the type of activity in which they are engaged.

“Standard Urban Storm Water Mitigation Plan (SUSMP)” shall mean a plan that evaluates the issues of a site development including run on, runoff, vehicle maintenance, land disturbances, erosion, sediment control, and revegetation and establishes BMPs to control or reduce the discharge of pollutants from the site, both during and after construction.

“Storm drain system” shall mean and include, but is not limited to: those facilities within the city by which storm water may be conveyed to the waters of the United States, including flood control channels, any roads with drainage systems, municipal streets, alleys, catch basins, curbs, gutters, ditches, manmade channels or storm drains which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations (CFR) Section 122.2.

“Storm water runoff” shall mean the flow of rainfall runoff or melted snow.

“Subdivision of 10 lots or more” shall mean a division of land occurring on one or more parcels which results in the creation of 10 or more contiguous parcels which could be developed into buildable pads. (Ord. U589 § 1, 2003; Ord. 567 § 1. 2002 Code § 11-2.4).

The office of the city manager shall administer this chapter. (Ord. 567 § 1. 2002 Code § 11-2.5).

Except as specifically provided in this chapter, any term used in this chapter shall be defined as provided in the current municipal NPDES permit or in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board, Los Angeles Region, on file with the city clerk, or if not defined in either the current municipal NPDES permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If any definition contained in this chapter conflicts with the definition of the same term in the current municipal NPDES permit or the SUSMP, then the definition contained in the municipal NPDES permit shall govern and, if not set forth in such permit, the definition set forth in the SUSMP shall govern. (Ord. U589 § 2, 2003; Ord. 567 § 1. 2002 Code § 11-2.6).

(1) Polluting Activities. Any person engaged in activities which will or may result in pollutants entering the city municipal separate storm sewer system (MS4) (e.g., ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, all automobile service related shops, restaurants, stores fronting streets, etc.) shall undertake all practicable measures to eliminate such pollutants.

(2) Sidewalk Maintenance. The occupant or tenant or, in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the city in front of which there is a paved sidewalk, shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for disposal of the refuse.

(3) Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement, private street or road or similar road structure shall clean these structures as frequently and thoroughly as practicable in a manner that eliminates the discharge of pollutants to the city storm drain system to the maximum extent practicable.

(4) Construction Activities – New Developments. The city may adopt regulations establishing controls on the volume and rate of storm water runoff from the construction activities and developments, as may be appropriate to minimize the discharge and transport of pollutants. The city manager or his/her designee may require any developer or construction contractor performing work in the city to provide a storm water pollution prevention plan prior to the beginning of such work. Construction activity does not include routine maintenance to maintain the original line and grade, hydraulic capacity or original purpose of a facility, or emergency construction activities required protecting the public health and safety.

(5) Compliance with Best Management Practices. Where best management practices, guidelines or requirements have been adopted by any federal, state of California, regional and/or local regulation for any activity, operation or facility which may cause or contribute to storm water pollution or illicit discharges to the storm water system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with the guidelines or requirements as may be identified by the director of public works. (Ord. 567 § 1. 2002 Code § 11-2.7).

(1) Illicit Discharges and Connections. No person shall cause or permit illicit discharges to be made into the city’s storm drain system, nor shall any person establish, use or maintain or continue to use an illicit connection to the city’s storm drain system.

(2) Littering. No person shall throw, deposit, place, leave, maintain or keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulation, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might become a pollutant, except in containers, recycling bags or other lawfully established waste disposal waste facilities. It shall be illegal to dump, discard, abandon or otherwise deposit any refuse where the natural flow of storm water might carry the same to any such flood water channel or structure, or in any fountain, pond, lake, stream or any other body of water in a park or elsewhere in the city.

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

(4) Disposal of Landscape Debris. No person shall intentionally dispose of leaves, dirt or other landscape debris into or upon any street, alley, sidewalk, parkway, storm drain, or other public right-of-way.

(5) Industrial Activities. No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including an NPDES general industrial activity storm water permit, when required. Each industrial discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Control Board, Los Angeles Region, shall provide notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such discharges. Persons conducting industrial activities within the city shall refer to the most recent edition of the Industrial/Commercial Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from industrial activities. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake activities required by such permit.

(6) Discharge in Violation of Permit. Any discharge that would result in or contribute to a violation of NPDES Permit No. CA5614001, available for viewing at the city of Cudahy, City Hall, city clerk’s office, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for such discharge shall be the responsibility of the person(s) causing or responsible for the discharge and such person(s) shall indemnify and hold harmless the city in any administrative or judgment, enforcement action relating to such discharge.

(7) The discharge of untreated wash waters to the MS4 when gas stations, auto repair garages, or other types of automotive service facilities are cleaned is prohibited.

(8) The discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, pet grooming and other such mobile commercial and industrial operation is prohibited.

(9) To the maximum extent practicable, discharge to the MS4 from areas where repair is taking place of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze is prohibited.

(10) The discharge of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials is prohibited.

(11) The discharge of commercial/municipal swimming pool filter backwash to the MS4 is prohibited.

(12) The discharge of untreated runoff from washing of toxic materials from paved or unpaved areas to the MS4 is prohibited.

(13) The washing of impervious surfaces in industrial or commercial areas which results in a discharge of untreated runoff to the MS4 is prohibited or shall be controlled to the maximum extent practicable, unless specifically required by state or local health and safety codes.

(14) The discharge from washing concrete trucks to the MS4 is prohibited.

(15) Industrial or commercial motor vehicle parking lots, with more than 25 parking spaces, that are located in areas potentially exposed to storm water shall be swept, or other equally effective measures taken, to remove debris on a regular basis.

(16) The placement of machinery/equipment that is to be repaired or maintained shall be such that leaks, spills and other maintenance-related pollutants are not discharged to the MS4.

(17) Illicit discharges and illicit connections to the MS4 are prohibited. Illicit connections shall be removed.

(18) In order to control spills, dumping or disposal of materials to the MS4, the following are prohibited:

(a) Littering.

(b) The disposal of leaves, dirt, and other landscape material into a storm drain.

(c) The discharge to the MS4 of any pesticide, fungicide, or herbicide.

(d) Improper disposal of food wastes.

(e) The disposal of hazardous wastes into trash containers used for municipal trash disposal so as to cause a discharge to the MS4.

(f) In areas exposed to storm water, the removal of and unlawful disposal of all fuels, chemicals, fuel and chemical wastes, garbage, batteries, and other materials which have potential adverse effects on water quality. (Ord. 567 § 1. 2002 Code § 11-2.8).

Any owner or occupant of property within the city shall comply with the following requirements:

(1) Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. In addition, washing down of paved surfaces is prohibited unless necessary for health or safety purposes as determined by the director of public works, and is not in violation of any other provision of this code. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable.

(2) Storage of Materials, Machinery and Equipment.

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

(b) Any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff shall be placed on a pad of absorbent material to contain leaks, spills or small discharges.

(3) Gray Water.

(a) The discharge of gray water to the street or storm drain is prohibited. (Ord. 567 § 1. 2002 Code § 11-2.9).

(1) 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, upon consent or upon obtaining an inspection warrant, enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.

(2) Routine or area inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, discharges of non-storm water into the city’s storm drain system, discharges which are not pursuant to an NPDES permit or similar factors.

(3) For the first failure to comply with any provisions of this chapter, the director of public works, or his or her designee, shall issue to the person believed to be the violator a written notice which includes the following:

(a) A statement specifying the violation committed.

(b) A specified time period within which the affected person shall correct the failure or file a written notice disputing the notice of violation.

(c) A statement of the penalty for continued noncompliance.

(4) Each subsequent failure to comply with any provision of this chapter following written notice issued pursuant to subsection (3) of this section shall constitute an infraction punishable as provided in Chapter 1.36 CMC. Each day during which a person fails to comply with the provisions of this chapter following written notice shall constitute a separate offense.

(5) A violation of any provision of this chapter is declared a public nuisance, and the city attorney is authorized to abate such violation by means of a civil action.

(6) The penalties and remedies established by this chapter shall become accumulative. (Ord. 567 § 1. 2002 Code § 11-2.10).

(1) An applicant for a new development plan shall submit a standard urban storm water mitigation plan to the director of public works concurrent with submitting an application to the planning department.

(2) The standard urban storm water mitigation plan shall be designed to reduce the projected runoff for a project through incorporation of design elements or principles which address each of the goals as set forth below in subsection (3) of this section. Developers should refer to the most recent edition of the Municipal Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from urbanized areas.

(3) The standard urban storm water mitigation plan shall address the following goals in connection with both construction and long-term operation of the site:

(a) Implement, to the maximum extent practicable, requirements established by the appropriate agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies.

(b) Maximize, to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground.

(c) Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas and to the separate storm sewer system (MS4).

(d) Minimize, to the maximum extent practicable, parking lot pollution through the use of appropriate BMPs such as infiltration and good housekeeping.

(e) Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil.

(f) Provide for the appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable.

(4) The city’s evaluation of each standard urban storm water mitigation plan will ascertain how well the proposed plan meets the combined objectives set forth in subsection (3) of this section. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed.

(5) The director of public works shall review the plan within 14 business days of submittal, or within 14 business days of approval of the development project by the planning commission, where such approval is required. If the plan is found deficient, the reasons for the deficiency shall be given in writing to the developer. Any plan found deficient by the director of public works, or his or her designee, shall be revised by the developer and resubmitted for review. A resubmitted plan will be reviewed within 14 business days of submission. No building permit shall be issued until the director of public works has found the standard urban storm water mitigation plan sufficient.

(6) Full or partial waivers of compliance with this section may be obtained by persons who apply on forms supplied by the city and show that incorporation of design elements that address the objectives set forth in subsection (2) of this section is an economic and physical impossibility due to the particular configuration of the site or due to irreconcilable conflicts with other city requirements. Requests for waivers must be approved in writing by the planning department, the public works department, and the building and safety department and approval of the State Water Resources Control Board.

(7) Compliance with an approved standard urban storm water mitigation plan shall be a condition of any required planning approval.

(8) Failure to comply with an approved standard urban storm water mitigation plan after receiving any required planning approval shall be a misdemeanor. (Ord. 567 § 1. 2002 Code § 11-2.11).

(1) No grading permit shall be issued for developments with disturbed areas of five acres or greater unless the applicant can show that (a) a notice of intent (NOI) to comply with the state construction activity storm water permit has been filed and (b) a storm water pollution prevention plan (SWPPP) has been prepared.

Prior to issuing a grading permit for all projects less than five acres requiring coverage under a statewide general construction storm water permit, proof of a waste discharger identification (WDID) number for filing a notice of intent (NOI) for permit coverage and a certification that a SWPPP has been prepared by the project developer shall be required. A local SWPPP may substitute for the state SWPPP if the local SWPPP is at least as inclusive in controls and BMPs as the state SWPPP.

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

(a) Sediment, construction waste and other pollutants from construction sites and parking areas, including runoff from equipment and vehicle washing at construction sites, shall be retained on the site to the maximum extent practicable.

(b) Any sediment or other materials that are not retained on the site shall be removed the same day as they leave the site. Where determined by the director of public works or his or her designated representative, a temporary sediment barrier shall be installed.

(c) On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.

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

(e) No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site. No water from washing of vehicles on a construction site is allowed to run off into the city’s storm drain system.

(f) Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the site, including but not limited to the following:

(i) Detention ponds, sediment ponds, or infiltration pits.

(ii) Dikes, filter berms or ditches.

(iii) Down drains, chutes or flumes.

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

(4) Owners and developers of construction sites should refer to the most recent edition of the Construction Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from construction activities.

(5) 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 on any construction site any condition which constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such construction site at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.

(6) The following projects for new development and redevelopment shall require a storm water mitigation plan (SWMP) that complies with the most recent SUSMP and the current NPDES permit:

(a) Ten or more unit homes (including single-family homes, multifamily homes, condominium, and apartments);

(b) Industrial/commercial projects that disturb one acre or more of surface area;

(c) Automotive service facilities (SIC 5013, 5014, 5541, 7532 through 7534, and 7536 through 7539);

(d) Retail gasoline outlets;

(e) Restaurants (SIC 5812);

(f) Parking lots (5,000 square feet or more of surface area or with 25 or more parking spaces);

(g) Redevelopment projects in subject categories that meet redevelopment thresholds; and discharging directly into an environmentally sensitive area where the development will (i) discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat and (ii) create 2,500 square feet or more of impervious surface area.

(7) Project Plans to Address SUSMP.

(a) An applicant for a new development or redevelopment project identified in subsection (1) of this section shall incorporate into the project plans a SWMP, which includes BMPs necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant’s project. Structural or treatment control BMPs (including, as applicable, post-construction treatment control BMPs) set forth in project plans shall meet design standards set forth in the SUSMP and the current municipal NPDES permit.

(b) Applicants shall design and provide for implementation of post-construction treatment controls to mitigate storm water pollution for the following categories of projects:

(i) Ten or more unit homes (including single-family homes, multifamily homes, condominium, and apartments);

(ii) Industrial/commercial projects that disturb one acre or more of surface area;

(iii) Automotive service facilities (SIC 5013, 5014, 5541, 7532 through 7534, and 7536 through 7539) [5,000 square feet or more of surface area];

(iv) Retail gasoline outlets [5,000 square feet or more of impervious surface area and with projected average daily traffic (ADT) of 100 or more vehicles]. Subsurface treatment control BMPs which may endanger public safety are considered not appropriate;

(v) Restaurants (SIC 5812) [5,000 square feet or more of surface area];

(vi) Parking lots (5,000 square feet or more of surface area or with 25 or more parking spaces);

(vii) Projects located in, adjacent to or discharging directly to an environmentally sensitive area that meet threshold conditions identified in paragraph (g)(7); and

(viii) Redevelopment projects in subject categories that meet redevelopment thresholds.

(c) For new developments or redevelopments projects not requiring SUSMPs, but which may potentially have adverse impacts on post-development storm water quality, a site-specific plan including post-construction treatment controls to mitigate storm water quality, a site-specific plan including post-construction treatment controls to mitigate storm water pollution shall be required where one or more of the following project characteristics exist:

(i) Vehicle or equipment fueling areas;

(ii) Vehicle or equipment maintenance areas, including washing and repair;

(iii) Commercial or industrial waste handling or storage;

(iv) Outdoor handling or storage of hazardous materials;

(v) Outdoor manufacturing areas;

(vi) Outdoor food handling or processing;

(vii) Outdoor animal care, confinement, or slaughter; or

(viii) Outdoor horticulture activities.

(d) A SWMP or site-specific plan, including post-construction storm water mitigation, shall be required for all projects that undergo significant redevelopment in their respective categories. Where redevelopment results in an alteration to more than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, the entire project must be mitigated. Where redevelopment results in an alteration to less than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single-family structures are exempt from the redevelopment requirements.

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

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

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

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

(iii) If property on which structural or treatment control BMPs are located is to be dedicated to a public agency, the public agency shall provide a signed statement that the agency assumes responsibility for such BMPs and that the BMPs meet all local agency design standards.

(8) Routine or area inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of storm water contamination, discharges of non-storm water to the city’s storm drain system, discharges which are not pursuant to an NPDES permit or similar factors.

(9) The violation of this section shall constitute an infraction punishable as provided in Chapter 1.36 CMC. Each day that a violation occurs shall constitute a separate offense.

(10) A violation of any provision of this section is declared a public nuisance, and the city attorney is authorized to abate such violation(s) by means of a civil action.

(11) The penalties and remedies established by this section shall be cumulative. (Ord. U589 §§ 3, 4, 2003; Ord. 567 § 1. 2002 Code § 11-2.12).

(1) Storm Water and Urban Runoff Pollution Educational Program. The department of public works, along with other city departments, shall conduct an informational program to educate the public about the dangers of storm water runoff pollution and the means of controlling such pollution. The program shall educate residents and businesspersons that operate within the city about the contents of this chapter. (Ord. 567 § 1. 2002 Code § 11-2.13).

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever any officer authorized by the city manager to enforce this chapter has reasonable cause to believe that there exists in any building or upon any premises a condition which constitutes a violation of the provisions of this chapter, the officer may, in a manner prescribed by law, enter such building or premises at all reasonable times to inspect the same or perform any duty necessary to enforce this chapter. (Ord. 567 § 1. 2002 Code § 11-2.14).

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof, and for damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 567 § 1. 2002 Code § 11-2.15).

The provisions of this chapter shall not operate to deprive any property owner of any constitutionally protected right. If a property owner claims that the application of this chapter to a specific project would deprive the property owner of a constitutionally protected right, then such property owner shall make application to the city and the city may allow additional land uses, but only to the extent necessary to avoid depriving the property owner of a proven constitutionally protected right. In any such application the burden shall be on the property owner to demonstrate that strict application of this chapter would cause the deprivation of a constitutionally protected right. Such additional land uses shall be consistent with and carry out the purposes of this chapter as set forth herein, and shall not be inconsistent with any other federal, state, or local laws, including, but not limited to, the city’s general plan. (Ord. 567 § 1. 2002 Code § 11-2.16).