Culver City Municipal Code Ch. 5.05 Stormwater and Urban Runoff Pollution Control

This Chapter shall be known as the "City of Culver City Stormwater Management and Discharge Control Program.”

(Ord. 2014-008 § 1 (part))

A. The Federal Clean Water Act (33 U.S.C. 1251 et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (NPDES) requirements to stormwater and urban runoff discharge into municipal storm drain systems. The City of Culver City is authorized by Article XI, § 5 and § 7 of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety and general prosperity. The City of Culver City has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions and limitations with respect to any activity which might degrade the quality of waters of the State.

B. Stormwater and urban runoff flow from individual properties onto streets, then through storm drains passing through the City into Ballona Creek and Marina del Rey Harbor. Urbanization has led to increased impervious surface areas resulting in increased water runoff causing the transport of pollutants to downstream receiving waters. The City of Culver City is committed to a stormwater management program that protects water quality and water supply by employing watershed-based approaches that balance environmental, social, and economic considerations.

C. The City of Culver City is a permittee under the "Waste Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges within the County of Los Angeles," issued by the California Regional Water Quality Control Board, Los Angeles Region (Order No. R4-2012-0175), dated December 28, 2012, which also serves as a NPDES permit under the Federal Clean Water Act (NPDES Permit No. CAS004001), as well as Waste Discharge Requirements under California law (the Municipal NPDES Permit), and, as a permittee under the Municipal NPDES Permit, the City is required to adopt ordinances and implement procedures with respect to the entry of non-stormwater discharges into the Municipal Separate Storm Sewer System (MS4).

D. Part III, "Discharge Prohibitions," of the Municipal NPDES Permit requires the City to prohibit non-stormwater discharges through the MS4 (which it owns or operates) and to receiving waters, except where such discharges are:

1. Authorized non-storm water discharges separately regulated by an individual or general NPDES permit; or

2. Temporary non-storm water discharges authorized by United States Environmental Protection Agency (USEPA) pursuant to §§ 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements ("ARARs") § Section 121(d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs by USEPA pursuant to § 121(d)(4) of CERCLA or (b) a written determination by USEPA that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR § 300.415(i); or

3. Authorized non-storm water discharges from emergency firefighting activities (i.e., flows necessary for the protection of life or property); discharges from vehicle washing, building fire suppression system maintenance and testing (e.g., sprinkler line flushing), fire hydrant maintenance and testing, and other routine maintenance activities are not considered emergency firefighting activities; or

4. Natural flows, including:

a. Natural springs;

b. Flows from riparian habitats or wetlands;

c. Diverted stream flows, authorized by the State or Regional Water Board;

d. Uncontaminated ground water infiltration (as defined by 40 CFR 35.2005(20));

e. Rising ground waters, where ground water seepage is not otherwise covered by a NPDES permit; or

5. Either of the following three types of conditionally exempt non-storm water discharges, provided they meet all required conditions specified below, or as otherwise approved by the Regional Water Board Executive Officer.

a. Discharges from essential non-emergency firefighting activities provided appropriate BMPs are implemented based on the CAL FIRE, Office of the State Fire Marshal's Fire Protection Systems Discharge Best Management Practices Manual (September 2011) for water-based fire protection system discharges or equivalent Best Management Practice (BMP) manual for fire training activities and post-emergency firefighting activities;

b. (1) Discharges from drinking water supplier distribution systems, where not otherwise regulated by an individual or general NPDES permit, provided appropriate BMPs are implemented based on the American Water Works Association (California-Nevada Section) Guidelines for the Development of Your Best Management Practices (BMP) Manual for Drinking Water System Releases (2005) or equivalent industry standard BMP manual.

(2) For all discharges greater than one hundred thousand (100,000) gallons:

(i) Notification at least seventy-two (72) hours prior to a planned discharge and ASAP after an unplanned discharge;

(ii) Monitoring of any pollutants of concern in the drinking water supplier distribution system release; and

(iii) Record keeping by the drinking water supplier.

(a) Name of discharger, date and time of notification (for planned discharges), method of notification, location of discharge, discharge pathway, receiving water, date of discharge, time of the beginning and end of the discharge, duration of the discharge, flow rate or velocity, total number of gallons discharged, type of dechlorination equipment used, type of dechlorination chemicals used, concentration of residual chlorine, type(s) of sediment controls used, pH of discharge, type(s) of volumetric and velocity controls used, and field and laboratory monitoring data.

(b) Records shall be retained for five (5) years and made available upon request by the City or Regional Water Board.

c. Discharges that fall within one (1) of the categories below, provided that the discharge itself is not a source of pollutants and meets all required conditions:

(1) Dewatering of lakes;

(2) Landscape irrigation;

(3) Dechlorinated/debrominated swimming pool/spa discharges, where not otherwise regulated by a separate NPDES permit;

(4) Dewatering of decorative fountains;

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

(6) Street/sidewalk wash water.

(i) Conditionally exempt non-storm water discharges of street/sidewalk wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallons per square feet of sidewalk area in accordance with Regional Water Board Resolution No. 98-08.

(ii) Conditionally exempt non-storm water discharges of street/sidewalk wash water do not include hosing of any sidewalk or street with a garden hose with a pressure nozzle.

E. The Municipal NPDES Permit requires the City to develop and implement procedures to ensure proper discharges of stormwater and non-stormwater. Dischargers must comply with Part III.A.4. of the Municipal NPDES Permit.

(Ord. 2014-008 § 1 (part))

A. The purpose of this Chapter is to ensure the future health, safety and general welfare of the citizens of the City, and the water quality of Ballona Creek, Marina del Rey Harbor, Santa Monica Bay and surrounding coastal areas by:

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

2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of stormwater and urban runoff into the municipal stormwater system; and

3. Regulating non-stormwater discharges to the municipal stormwater system.

B. This Chapter also sets forth requirements for the construction and operation of certain commercial development, new development and redevelopment and other projects (as further defined herein) which are intended to ensure compliance with the Planning and Land Development Program, also known as Standard Urban Stormwater Mitigation Plan (SUSMP), measures prescribed in the current version of the Municipal NPDES Permit.

1. This Chapter authorizes the authorized enforcement officer to define and adopt applicable best management practices and other stormwater pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to cite infractions and to impose fines pursuant to this Chapter.

2. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement and enforce the provisions of this Section.

C. The intent of this Chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act and the NPDES Permit.

D. This Chapter also is intended to provide the City with the legal authority necessary to control discharges to and from those portions of the municipal stormwater system over which it has jurisdiction, as required by the Municipal NPDES Permit, and to hold dischargers to the municipal stormwater system accountable for their contributions of pollutants and flows.

(Ord. 2014-008 § 1 (part))

Except as specifically provided herein, any term used in this Chapter shall be defined as that term is defined in the current Municipal NPDES Permit (Attachment A of Order No. R4-2012-0175), or, if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder.

AUTHORIZED ENFORCEMENT OFFICER. Any person designated by the City to conduct inspections and follow investigations.

AUTOMOTIVE SERVICE FACILITIES. A facility that is categorized in any one (1) of the following Standard Industrial Classifications (SIC): 5013, 5014, 5511, 5541, 7532-7534, or 7536-7539.

BASIN PLAN. The Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watershed of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments.

BEST MANAGEMENT PRACTICES (BMPs). BMPs are practices or physical devices designed to prevent or reduce pollutant loading from storm water or non-storm water discharged to the receiving waters.

BIOFILTRATION. A Low Impact Development (LID) BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term BIOFILTRATION as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.

BIORETENTION. A LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two (2)-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the Municipal NPDES Permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the Municipal NPDES Permit as biofiltration.

BIOSWALE. A LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.

CITY. The City of Culver City.

CLEAN WATER ACT (CWA). The Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.

COMMERCIAL DEVELOPMENT. Any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

COMMERCIAL MALLS. Any development on private land comprised of one (1) or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

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

DEVELOPMENT. Any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects, or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

DIRECTLY ADJACENT. Situated within two hundred (200) feet of the contiguous zone required for the continued maintenance, function, and structural stability of the significant ecological areas.

DIRECTOR. The City's Director of Public Works/City Engineer or the Director's representative.

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

FLOW-THROUGH BMPS. Modular, vault type "high flow biofiltration" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.

GOOD HOUSEKEEPING PROVISIONS. Common practices related to the storage, use, or clean-up of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to: purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills.

GREEN ROOF. A LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.

HAZARDOUS MATERIALS. Any material(s) defined as hazardous by Division 20, Chapter 6.95 of the Cal. Health & Safety Code.

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

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

ILLICIT DISCHARGE. Any discharge into the MS4 or from the MS4 into a receiving water that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term ILLICIT DISCHARGE includes all non-stormwater discharges, except authorized non-storm water discharges; conditionally exempt non-storm water discharges; and non-storm water discharges resulting from natural flows specifically identified in Part III.A.1.d of the Municipal NPDES Permit.

IMPERVIOUS SURFACE. Any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

INDUSTRIAL PARK. Land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one (1) transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.

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

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

• 1. Pre-inspection documentation research;
• 2. Request for entry;
• 3. Interview of facility personnel;
• 4. Facility walk-through;
• 5. Visual observation of the condition of facility premises;
• 6. Examination and copying of records as required;
• 7. Sample collection (if necessary or required);
• 8. Exit conference (to discuss preliminary evaluation); and
• 9. Report preparation and, if appropriate, recommendations for coming into compliance.

In the case of restaurants, the City may conduct an inspection from the curbside, provided that such "curbside" inspection provides the City with adequate information to determine an operator's compliance with BMPs that must be implemented per requirements of the Municipal NPDES Permit, Regional Water Board Resolution No. 98-08, County and municipal ordinances, and the Stormwater Quality Management Plan.

LID. Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.

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

MAXIMUM EXTENT PRACTICABLE (MEP). This means choosing effective BMPs, and rejecting applicable BMPs only where other effective BMPs will serve the same purpose, the BMPs would not be technically feasible, or the cost would be prohibitive. The following factors may be useful to consider:

1. Effectiveness: Will the BMP address a pollutant of concern?

2. Regulatory compliance: Is the BMP in compliance with storm water regulations as well as other environmental regulations?

3. Public acceptance: Does the BMP have public support?

4. Cost: Will the cost of implementing the BMP have a reasonable relationship to the pollution control benefits to be achieved?

5. Technical feasibility: Is the BMP technically feasible considering soils, geography, water resources, etc.?

After selecting a menu of BMPs, it is of course the responsibility of the discharger to insure that all BMPs are implemented.

MUNICIPAL NPDES PERMIT. The Waste Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges within the County of Los Angeles, issued by the Regional Board, and any successor permit to that permit.

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

1. Owned or operated by a State, city, town, borough, county, parish, district, association or other public body (created pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under § 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying storm water;

3. Which is not a combined sewer; and

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

(40 CFR § 122.26(b)(8))

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §§ 307, 402, 318, and 405. The term includes an "approved program".

NATURAL DRAINAGE SYSTEM. A drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system.

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

NON-STORMWATER DISCHARGE. Any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater.

PARKING LOT. Land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty-five (25) or more parking spaces.

PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

PLANNING PRIORITY PROJECTS. Development projects subject to the City's conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).

POLLUTANT. Those "pollutants" defined in CWA § 502(6) (33 U.S.C. § 1362(6)), and incorporated by reference into Cal. Water Code § 13373. Pollutants may 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 soil, sediment, and particulate materials in amounts that 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 a pH less than six (6) or greater than nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

PROJECT. All development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code § 21065).

RAINFALL HARVEST AND USE. A LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department.

RECEIVING WATER. "Water of the United States" into which waste and/or pollutants are or may be discharged.

REDEVELOPMENT. Land-disturbing activity that results in the creation, addition, or replacement of ten thousand (10,000) square feet or more of impervious surface area on a site previously developed as a single family home or the creation, addition or replacement of five thousand (5,000) square feet or more of impervious surface area on any other previously developed sites. REDEVELOPMENT includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity (as that term is defined in this Chapter), and land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance as that term is defined in this Chapter.

REGIONAL BOARD. The California Regional Water Quality Control Board, Los Angeles Region.

RESTAURANT. A facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812).

RETAIL GASOLINE OUTLET. Any facility engaged in selling gasoline and lubricating oils.

ROUTINE MAINTENANCE. Routine maintenance projects include, but are not limited to projects conducted to:

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

2. Replace impervious surfaces, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment.

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

4. Perform road shoulder work, regrade dirt or gravel roadways and shoulders and perform ditch cleanouts.

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

6. Repair leaks.

ROUTINE MAINTENANCE does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards and regulations.

* Update existing lines includes replacing existing lines with new materials or pipes.

** 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. Any runoff including stormwater and dry weather flow from a 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.

SIGNIFICANT ECOLOGICAL AREAS (SEAs). An area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity. Areas are designated as SEAs, if they possess one (1) 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 (Source: Order No. R4-2012-0175).

SITE. Land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.

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

STORM DRAIN SYSTEM. Any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Culver City.

STORM EVENT. A rainfall event that produces more than one-tenth (0.1) inch of precipitation in twenty-four (24) hours unless specifically stated otherwise.

STORM WATER OR STORMWATER. Water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.

STORMWATER RUNOFF. Storm water 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)).

STRUCTURAL BMP. Any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g. canopy, structural enclosure). The category may include both Treatment Control BMPs and Source Control BMPs.

SUSMP. The Los Angeles Countywide Standard Urban Stormwater Mitigation Plan was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate BMPs that must be used in specified categories of development projects.

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

TREATMENT CONTROL BMP. Any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological or chemical process.

URBAN RUNOFF. Non-stormwater surface flow produced by residential, commercial and industrial activities involving the use of potable and non-potable water.

(Ord. 2014-008 § 1 (part))

A. Illicit discharges and connections.

1. It is prohibited to establish, use, maintain, or continue illicit connections to the municipal stormwater system, or to commence or continue any illicit discharges to the municipal stormwater system.

2. This prohibition against illicit connections is expressly retroactive: it applies to connections made in the past, but excludes permitted improvements to real property over which uncontaminated stormwater runoff flows.

B. Littering.

1. No person shall throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, maintained or kept, any refuse, rubbish, garbage or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any or private plot of land in the City, so that the same might be or become a pollutant.

2. This Subsection shall not apply to refuse, rubbish or garbage deposited in containers bags or other appropriate receptacles that are placed in designated locations for regular solid waste pick up and disposal.

C. Disposal of landscape debris. No person shall intentionally dispose of leaves, dirt, or other landscape debris into the City's storm drain system.

D. Industrial activities.

1. 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.

2. 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 Stormwater Quality Task Force, for specific guidance on selecting BMPs for reducing pollutants in stormwater discharges from industrial activities.

E. 1. Non-stormwater discharges.

2. The following non-stormwater discharges into the municipal stormwater system are prohibited, unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the Regional Board's executive officer, or the State Water Resources Control Board:

a. The discharge of wash waters when gas stations, auto repair garages, or similar facilities are cleaned;

b. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

c. Discharges from areas where repair of machinery and equipment, including motor vehicles visibly leaking oil, fluid or antifreeze, is undertaken;

d. Discharges of runoff from areas where materials containing grease, oil or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials;

e. The discharge of chlorinated/ brominated swimming pool water and filter backwash;

f. Discharges of runoff from the washing of toxic materials from paved or unpaved areas;

g. Discharges to the municipal stormwater system from washing impervious surfaces in industrial/commercial areas that results in a discharge of untreated runoff to the municipal stormwater system;

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

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

j. Discharge of any food or food processing wastes;

k. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and

l. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal stormwater system.

F. Discharges in violation of the Municipal NPDES Permit.

1. 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.

2. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge.

(Ord. 2014-008 § 1 (part))

Owners and occupants of property within the City shall implement BMPs to prevent or reduce the discharge of pollutants to the municipal stormwater system to the maximum extent practicable. Treatment and structural BMPs shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to the following:

A. Septic waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste to precipitation in an area where discharge to City streets or storm drains system may or does occur.

B. Use of water.

1. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable.

2. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable.

3. Sweeping and collection of debris is encouraged for trash disposal.

C. Storage of materials, machinery, and equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to stormwater, shall be placed in a manner so that pollutants are not discharged to the municipal stormwater system.

D. Removal and disposal of debris and residue and other materials.

1. Non-residential motor vehicle parking lots with more than twenty-five (25) parking spaces that generate runoff shall be swept regularly or other equally effective measures will be utilized to remove debris from such parking lots.

2. Food wastes generated by non-residential food service and food distribution sources shall be disposed of in a manner so such wastes are not discharged to the municipal stormwater system.

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

(Ord. 2014-008 § 1 (part))

A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be granted by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board shall comply with all requirements of such permit.

1. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit.

2. Proof of compliance with any such permit may be required in a form acceptable to the Director, prior to the issuance of any grading or building permit, or any other type of permit or license issued by the City.

B. 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 MEP. The following requirements shall apply to all construction projects within the City and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a Final Inspection or Certificate of Occupancy, whichever is the last required City approval:

1. Sediment, construction waste, trash and other pollutants from construction activities shall be reduced to the MEP.

2. Structural controls, such as sediment barriers, plastic sheeting, detention ponds, filters, berms and similar controls, shall be utilized to the MEP in order to minimize the escape of sediment and other pollutants from the site.

3. Between October 1st and April 15th of each year, all excavated soil shall be located on-site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site.

4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicles or equipment on the construction site is permitted to run off the construction site and enter the municipal storm drain system.

5. Trash receptacles must be situated at convenient locations on construction sites, and must be maintained in such a manner that trash and litter does not accumulate on-site nor migrate off site.

6. Erosion from slopes and channels must be controlled through an effective use of BMPs.

C. The property owner or his or her authorized representative must certify, in a form acceptable to the Director, that BMPs to control runoff from construction activities will be implemented to the MEP prior to the issuance of any building or grading permit.

D. A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction activities shall be submitted to the Director consistent with the Municipal NPDES Permit. Such plans must be reviewed and approved by the Director prior to the issuance of any building or grading permit.

(Ord. 2014-008 § 1 (part))

A. The provisions of this Section contain requirements for construction activities and facility operations of development and redevelopment projects to comply with the current Municipal NPDES Permit, lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use.

B. This Section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the City of Culver City to further define and adopt stormwater pollution control measures, to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, and to grant alternative compliance as allowed by the Municipal NPDES Permit.

C. The following development and redevelopment projects, termed "Planning Priority Projects," shall comply with the requirements of the most recent Municipal NPDES Permit:

1. All development projects equal to one (1) acre or greater of disturbed area that add more than ten thousand (10,000) square feet of impervious surface area.

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

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

4. Retail gasoline outlets with five thousand (5,000) square feet or more of surface area.

5. Commercial car washes with five thousand (5,000) square feet or more of surface area.

6. Restaurants (SIC of 5812) with five thousand (5,000) square feet or more of surface area.

7. Parking lots with five thousand (5,000) square feet or more of impervious surface area, or with twenty-five (25) or more parking spaces.

8. Street and road construction of ten thousand (10,000) square feet or more of impervious surface area.

9. Automotive service facilities (SIC of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) with five thousand (5,000) square feet or more of surface area.

10. Projects located in or directly adjacent to, or discharging directly to an Significant Ecological Area, where the development will:

a. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and

b. Create two thousand five hundred (2,500) square feet or more of impervious surface area.

11. Single-family hillside homes.

12. Redevelopment of any Planning Priority Project. Provided, further, that:

a. Where redevelopment results in alteration to more than fifty percent (50%) of the impervious surface of a previously existing Planning Priority Project and the existing Planning Priority Project was not subject to post-construction stormwater quality control requirements, the entire project must be brought into compliance with the most recent Municipal NPDES Permit.

b. Where redevelopment results in alteration of less than fifty percent (50%) of the impervious surface of a previously existing Planning Priority Project and the existing Planning Priority Project was not subject to post-construction stormwater quality control requirements, only the alteration must be brought into compliance with the most recent Municipal NPDES Permit.

13. Any other project as deemed appropriate by the Director of Public Works/City Engineer.

D. Stormwater Pollution Control Requirements. The site for every Planning Priority Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent practicable by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use. More specifically:

1. A single-family hillside home development shall include mitigation measures to:

a. Conserve natural areas;

b. Protect slopes and channels;

c. Provide storm drain system stenciling and signage;

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

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

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

3. The remainder of Planning Priority Projects shall prepare a LID Plan to comply with the following requirements of the most recent Municipal NPDES Permit:

a. (1) Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv), defined as the runoff from:

(2) The eighty-fifth (85th) percentile twenty- four (24)-hour runoff event as determined from the Los Angeles County eighty-fifth (85th) percentile precipitation isohyetal map.

b. Minimize hydromodification impacts to natural drainage systems as defined in the Municipal NPDES Permit. Hydromodification requirements are further specified in Southern California Coastal Water Research Project's Hydromodification Assessment and Management in California and California Stormwater Quality Association's Municipal BMP Handbook.

c. When, as determined by the City of Culver City and/or the Los Angeles Regional Water Quality Control Board, one hundred percent (100%) onsite retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:

(1) The infiltration rate of saturated in-situ soils is less than three-tenths (0.3) inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite.

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

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

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

(5) Locations with potential geotechnical hazards;

(6) Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement.

d. If partial or complete onsite retention is technically infeasible, the project site may biofiltrate one and a half (1.5) times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the Municipal NPDES Permit and/or the LID Manual.

(1) The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of two-tenths (0.2) inches per hour or the one (1)-year, one (1)-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

(2) BMPs must be maintained according to their submitted Maintenance Covenant and Agreement.

e. A Multi-Phased Project may comply with the standards and requirements of this Section for all of its phases by: (a) designing a system acceptable to the City of Culver City to satisfy these standards and requirements for the entire site during the first phase, and (b) implementing these standards and requirements for each phase of development or redevelopment of the site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this Section, MULTI-PHASED PROJECT shall mean any Planning Priority Project implemented over more than one phase and the site of a Multi-Phased Project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the development or redevelopment, including any tracts, lots, or parcels of real property, whether Developed or not, associated with, functionally connected to, or under common ownership or control with such development or redevelopment.

E. Post-development stormwater mitigation. A site-specific plan to mitigate post-development stormwater pollution for new development and redevelopment projects not requiring a SUSMP, but which may potentially have adverse impacts on post-development stormwater quality shall be required where one (1) or more of the following project characteristics exist:

• 1. Vehicle or equipment fueling areas;
• 2. Vehicle or equipment maintenance areas, including washing and repair;
• 3. Commercial or industrial waste handling or storage;
• 4. Outdoor handling or storage of hazardous materials;
• 5. Outdoor manufacturing areas;
• 6. Outdoor food handling or processing;
• 7. Outdoor animal care, confinement, or slaughter; or
• 8. Outdoor horticulture activities.

F. Issuance of permits. No permit may be issued for any new development or redevelopment project until the Director confirms that the project plans comply with the applicable stormwater mitigation and numerical design criteria requirements.

G. Final Inspection or Occupancy Permit. As a condition for conducting a Final Inspection or issuing any Occupancy Permit, whichever is applicable, for a project subject to this Section, the Director shall require facility operators and/or owners to construct all the stormwater pollution control BMPs and structural and/or treatment control BMPs that are shown on the approved project plans, and to submit a signed certification statement stating that the site and all structural and/or treatment control BMPs shall be maintained in compliance with the SUSMP and other applicable regulatory requirements.

H. Transfer of properties subject to requirements for maintenance of structural and treatment control BMPs.

1. The transfer of ownership, sale or lease of a property subject to requirements for maintenance of structural and/or treatment control BMPs shall include provisions requiring the new owner and his or her successors to:

a. Assume responsibility for maintenance of any existing structural or treatment control BMP; or

b. Replace any existing structural or treatment control BMP with new control measures or BMPs meeting the most current standards of the City and the SUSMP.

2. Such requirements shall be included in any sale, lease agreement or deed for the property. The condition of transfer shall include a provision that the new owner and his or her successors conduct routine maintenance inspections of all structural and/or treatment control BMPs to ensure they are in good working order at all times, and retain proof of inspection.

3. For residential properties where the structural and/or treatment control BMPs are located within a common area that will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs).

a. Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on: what stormwater management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed.

b. The transfer of this information shall also be required with any subsequent sale of the property.

4. If structural and/or treatment control BMPs are located within an area proposed for dedication as an easement or fee title to the City or Redevelopment Agency, the BMPs shall remain the property and responsibility of the developer/owner until the dedication is accepted by the City Council and recorded with the Los Angeles County Recorder's Office.

I. California Environmental Quality Act (CEQA). Provisions of this Section shall be complimentary to, and shall not replace, any applicable requirements for stormwater mitigation required under CEQA.

(Ord. 2014-008 § 1 (part))

A. Basis for initiation of enforcement activities. Any condition caused or permitted by a permittee that is in violation of the following requirements may serve as the basis for enforcement actions by the City or other regulatory agency.

1. Any of the provisions of this Chapter;

2. Any failure to comply with any applicable requirement of either the SUSMP or an approved stormwater mitigation plan with respect to a property;

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

4. Any failure to properly operate and maintain any structural and/or treatment control BMP on a property in accordance with an approved stormwater mitigation plan or the SUSMP, may be a threat to the public health, safety and welfare, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of the violation of this Code or the terms of any related permit, by one (1) of any appropriate remedy available to the City.

a. The determination of whether the property owner or the permittee is the responsible party may be a matter between those parties.

b. For enforcement purposes, either party or both parties may be held liable.

5. The cost of such abatement and restoration shall be borne by the owner of the property or the permittee, or both, and the cost thereof shall be invoiced to the applicable-parties, as provided by law or ordinance for the recovery of abatement costs.

B. Declaration of seasonal and recurrent violations.

1. If any violation of this Chapter constitutes a seasonal and recurrent violation, the Director shall so declare.

2. 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.

C. Inspections. The Director may enter and inspect any private premises during any reasonable time for the purpose of verifying compliance with the terms and conditions of this Chapter. Such inspections may include, but are not limited to the following:

1. Inspecting efficiency or adequacy of construction or post-construction BMPs;

2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and/or treatment system discharges;

3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;

4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant, and obtaining copies of such records as necessary;

5. Identifying points of stormwater discharge from the premises, whether surface or subsurface, and locating any illicit connection or discharge.

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

E. Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this Chapter, any authorized enforcement officer has the authority to utilize the following administrative remedies:

1. Cease and desist orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this Chapter, the officer may issue an order to cease and desist such discharge, practice or operation likely to cause such discharge, and to direct those persons not complying to:

a. Comply with the requirement;

b. Comply with a time schedule for compliance; and

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

2. Notice to clean.

a. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the municipal storm drain system or a non-stormwater discharge to the storm drain system, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide.

b. The recipient of such notice shall undertake the activities as described in the notice.

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

4. Citation. When an authorized enforcement officer finds that a violation has not been corrected, the officer may issue a citation.

F. Remedies.

1. Remedies under this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

2. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 2014-008 § 1 (part))

Fees to recover plan checking, inspections and other costs of this program shall be established by resolution.

(Ord. 2014-008 § 1 (part))