El Monte Municipal Code Art. I Title, Purpose and General Provisions

This chapter shall be known as the "City of El Monte Stormwater Management and Discharge Control Ordinance" and may be so cited.

(Prior code § 7800)

A. The purpose of this chapter is to ensure the future health, safety, and general welfare of city of El Monte citizens by:

1. Eliminating nonstormwater discharges to the municipal separate storm drain;

2. Controlling the discharge to municipal separate storm drains from spills, dumping or disposal of materials other than stormwater;

3. Reducing pollutants in stormwater discharges to the maximum extent practicable.

B. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

(Prior code § 7801)

A. Any terms defined in the federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and stormwater. These terms presently are defined as follows:

"Discharge" means (1) any addition of any pollutant to navigable waters from any point source, or (2) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

"Illicit discharge" means any discharge to the city storm drain system that is not composed entirely of stormwater except discharges pursuant to an NPDES permit, discharges resulting from fire fighting activities, and discharges further exempted at Section 13.16.020.

"Municipal NPDES permit" or "NPDES permit" means the California Regional Water Quality Control Board, Los Angeles Region, Order No. 01-182, NPDES Permit No. CAS004001 Waste Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges within the County of Los Angeles, and the incorporated cities therein, except the City of Long Beach and any amendments or revisions thereof.

"Pollutant" means those "pollutants" defined in CWA Section 502 (6) (33 U.S.C. Section 1362 (6)), and incorporated by reference into California Water Code Section 13373.

"Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage.

B. When used in this chapter, the following words shall have the meanings ascribed to them in this section:

"Authorized enforcement officer" means the Community Development Director and those individuals designated by the Community Development Director as authorized enforcement officers.

"Best management practices" (BMPs) means methods, measures, or practices designed and selected to reduce or eliminate the discharge of pollutants to surface waters from point and nonpoint source discharges including stormwater. BMPs include structural and nonstructural controls, and operation and maintenance procedures, which can be applied before, during, and/or after pollution producing activities.

"City" means the City of El Monte.

"City storm drain system" means and includes but is not limited to those facilities within the city by which stormwater may be conveyed to the waters of the United States, including flood control channels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at CFR Section 122.2.

"County" means the county of Los Angeles.

"County storm drain system" means and includes but is not limited to those facilities within the county by which stormwater may be conveyed to the waters of the United States, including flood control channels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters ditches, man-made channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.

"Director" means the Community Development of the City of El Monte.

"Facility" means any nonresidential premises.

"Nonstormwater discharge" means any discharge that is not entirely composed of stormwater.

"Premises" means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(Ord. 2572 § 1, 2002: Prior code § 7802)

This chapter shall be administered for the City by the Community Development Director or his/her designee.

(Ord. 2572 § 2, 2002: prior code § 7803)

This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the municipal NPDES Permit No. CAS004001 (Order No. 01-182) and any amendment, revision or reissuance thereof.

(Ord. 2572 § 3, 2002: prior code § 7804)

The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking then pursuant to the chapter the City Council may allow additional land uses, but only to the extent necessary to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter as stated in Section 13.16.020.

(Prior code § 7806)