El Segundo Municipal Code Ch. 4 Stormwater and Urban Runoff Pollution Control

A. This chapter is adopted pursuant to the City's police powers for the purpose of complying with the Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal National Pollutant Discharge Elimination System (NPDES) permit, including, without limitation, any amendments or modifications, by:

1. Controlling non-stormwater discharges to the Municipal separate storm sewer system (MS4);

2. Regulating illicit connections and illicit discharges, thereby reducing the level of contamination of stormwater and urban runoff into the MS4 of the City; and

3. Controlling the discharge of pollutants, including those pollutants taken up by stormwater as it flows over urban areas, to the maximum extent practicable.

B. This chapter is intended to provide the City with the legal authority necessary to implement and enforce the requirements contained in 40 CFR section 122.26(d)(2)(i)(A - F) and in the Municipal NPDES permit to the extent that they are applicable in the City, to control discharges to and from those portions of the MS4 over which the City has jurisdiction as required by the Municipal NPDES permit, and to hold dischargers to the MS4 accountable for their contributions of pollutants and flows.

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

D. This chapter authorizes the authorized enforcement officer to carry out inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the provisions of this chapter and the Municipal NPDES permit, including the prohibition of non-stormwater discharges into the MS4. This includes the authority to enter, monitor, inspect, take measurements, review and copy records, and require regular reports from entities discharging into the City's MS4. (Ord. 1560, 10-3-2017)

Nothing in this chapter should be interpreted to:

A. Infringe any right or power guaranteed by the United States or California Constitution, including any vested property right;

B. Require any action inconsistent with the General Plan, any applicable specific plan, vesting tentative map, or other provision of this Code;

C. Restrict otherwise lawful land use except as authorized by the laws of California, subject to the limitations of this chapter. (Ord. 1560, 10-3-2017)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Municipal NPDES permit and if not described therein, the Federal Water Pollution Control Act (33 USC section 1251 et seq.); regulations implementing NPDES; California Water Code section 13050; and any successor statutes or regulations.

AUTHORIZED ENFORCEMENT OFFICER: The City Manager or his or her designee and any City official authorized to issue citations under this Code.

AUTOMOTIVE SERVICE FACILITY: A facility that is categorized in any one of the following Standard Industrial Classification (SIC) Codes: 5013, 5014, 5511, 5541, 7532 - 7534 and 7536 - 7539.

BEST MANAGEMENT PRACTICE (BMP): Practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

CONSTRUCTION: Constructing, clearing, grading, grubbing, demolishing, or excavating that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety; routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work; or routine maintenance required to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. Construction does not include interior remodeling with no outside exposure of construction material or construction waste to stormwater; mechanical permit work; or sign permit work.

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 nonresidential 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 a facility, nor does it include emergency construction activities required to protect public health and safety immediately.

DISCHARGE: Any release, spill, leak, pump, flow, escape, dumping or disposal, of any pollutant, from any point source, into the waters of the United States or any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft used for transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

HAZARDOUS MATERIALS: Any materials, wastes or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act (RCRA), 42 USC section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account Act, (HSAA), California Health and Safety Code section 25300 et seq., and all future amendments to any of them, or as defined by the California Integrated Waste Management Board. Where there is a conflict in the definitions employed by two (2) or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" will be construed to have the broader, more encompassing definition.

ILLICIT CONNECTION: Any human-made device or artifice, excluding roof drains and other similar connections, connected to the MS4, without a permit, through or by which an illicit discharge may be discharged. Examples include channels, pipelines, pipes, conduits, inlets and outlets connected directly to the MS4.

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 any non-stormwater discharge, except authorized non-stormwater discharges; conditionally exempt non- stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in part III.A.1.d of the MS4 permit.

INDUSTRIAL/COMMERCIAL FACILITY: Any facility which is the site of the production, manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, and any facility involved or used in providing professional and nonprofessional services. This category of facilities includes, without limitation, any facility defined by the SIC or the North American Industry Classification System (NAICS). Facility ownership (Federal, State, Municipal, private) and profit motive of the owner or operator of the facility are not factors in this definition.

INSPECTION:

A. The entry and conducting of an on-site review of structures and devices on a property, 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 property owner, resident and/or occupant(s);
• 4. Property walk-through;
• 5. Visual observation of the condition of property;
• 6. Examination and copying of records as required;
• 7. Sample collection (if necessary or required);
• 8. Exit discussion (to discuss preliminary evaluation) as appropriate; and
• 9. Report preparation, and if appropriate, recommendations for coming into compliance.

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

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4):

A. A conveyance or system of conveyances (consisting of roads with drainage systems, Municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

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

2. Designed or used for collecting or conveying stormwater;

3. Which is not a combined sewer; and

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

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

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 to the MS4 not composed entirely of stormwater.

PARKING LOT: Land area or facility for the parking or storage of motor vehicles used for business, 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.

POLLUTANT: Those "pollutants" defined in CWA section 502(6) (33 USC section 1362(6)), and incorporated by reference into California Water Code section 13373.

REDEVELOPMENT: Land-disturbing activity that results in the creation, addition, or replacement of five thousand (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. 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.

RESPONSIBLE PERSON: The owner, occupant, or other person in charge of day to day operations of premises located within the City.

RESTAURANT: A facility where prepared food and beverages are sold for consumption, including stationary lunch counters and refreshment stands selling prepared food and beverages for immediate consumption (see SIC Code 5812).

ROUTINE MAINTENANCE:

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

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

4. Update existing lines and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. This includes replacing existing lines with new materials or pipes.

5. Repair leaks.

6. Conduct landscaping activities without changing existing or natural grades.

B. Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

SIC: Standard Industrial Classification.

SOLID WASTE: Has the same meaning as in Public Resources Code section 40191 and any successor statute or regulation.

STORMWATER: Stormwater runoff, snowmelt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR section 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

STORMWATER POLLUTION PREVENTION PLAN OR SWPPP: A plan, as required by a State general permit issued by the State Water Resources Control Board (SWRCB), identifying potential pollutant sources and describing the design, placement and implementation of BMPs, to effectively prevent non-stormwater discharges and to reduce pollutants in stormwater discharges during activities covered by the general permit.

STORMWATER RUNOFF: That part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi-pervious, or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases.

STRUCTURAL BEST MANAGEMENT PRACTICE (STRUCTURAL BMP): Any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g., a canopy, structural enclosure). This category may include both treatment control BMPs and source control BMPs.

TREATMENT CONTROL BEST MANAGEMENT PRACTICE (TREATMENT CONTROL BMP): Any engineered system designed to remove pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 1560, 10-3-2017)

All non-stormwater discharges into the MS4 are prohibited unless those flows are: in compliance with a separate NPDES permit; pursuant to a discharge exemption by the Regional Board, the Regional Board's executive officer, or the State Water Resources Control Board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES permit; conditionally exempt non-stormwater discharges as defined in accordance with the Municipal NPDES permit; or authorized as a temporary non-stormwater discharge by the USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). (Ord. 1560, 10-3-2017)

It is unlawful for any person to use or allow the use of any illicit connection to convey an illicit discharge or any pollutant to the MS4 from premises of which that person is an owner or is the person in charge of day to day activities. Illicit connections are prohibited by the Clean Water Act, Municipal NPDES permit, and this chapter. The responsible person for premises at which an illicit connection is located must obtain a permit for, or remove, the illicit connection within one hundred eighty (180) days of confirmation of discovery of the illicit connection. (Ord. 1560, 10-3-2017)

A. All dischargers operating under any general stormwater permit as may be issued by the USEPA, the State Water Resources Control Board, or the Regional Board, must comply with all requirements of such permit. Each discharger identified in an individual NPDES permit must comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the authorized enforcement officer prior to the issuance of any grading, building, or occupancy permits, or any other type of permit or license issued by the City.

B. Non-stormwater discharges to the MS4 from industrial or commercial activities are prohibited, unless approved by a separate permit.

C. Any person or entity required to have a general industrial activities stormwater permit (GIASP) for a facility or activity in the City which discharges to the City's MS4 must retain at such facility or activity the following documents which evidence compliance with GIASP requirements:

1. A copy of the notice of intent to comply with the general industrial activities stormwater permit;

2. A waste discharge identification number (WDID) issued by the California Water Resources Control Board;

3. A stormwater pollution prevention plan (SWPPP), which includes all necessary BMPs from the Municipal NPDES permit; and

4. Any required stormwater quality data.

Alternatively, if a facility has been granted a no-exposure certification, proof of this certification must be retained on site.

D. Any person or entity in the City required to have a GIASP for a facility or activity in the City which discharges to the City's MS4, upon request from a duly authorized officer of the City, must make available to the City for review, copying, and inspection all of the documents described in this section during any City stormwater related educational program or inspection and demonstrate compliance with the GIASP, including, without limitation, demonstration of the adequacy of, and compliance with, any required SWPPP and all applicable BMPs. (Ord. 1560, 10-3-2017)

A. It is unlawful for any person to dump, deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, bury or dispose into the environment any solid waste or liquid waste, including any pollutant, in or upon any part of the MS4, or upon any public or private premises in the City, or to cause, suffer, or permit any solid waste or liquid waste or other pollutant to come to be located upon, in, on or under any premises in the City, except in an authorized or permitted solid waste container or at an authorized or permitted solid waste facility or publicly owned or privately owned treatment works.

B. It is unlawful for any person to dispose of leaves, grass or other clippings, dirt or any other landscape debris into any part of the MS4.

C. It is unlawful for any person to dispose of any pesticide, fungicide, or herbicide banned by, or not registered with, the United States Environmental Protection Agency or the California Department of Pesticide Regulation, or its successor, into any part of the MS4.

D. It is unlawful for any person to dispose any hazardous materials into any trash receptacle accessible to the public.

E. It is unlawful for any person to pour oil or grease, or the residue of oil or grease onto any parking lot, or any part of the MS4.

F. It is unlawful for any person to place any washout water or other liquid in any container for the disposal of solid waste.

G. It is unlawful for any person to wash restaurant or automotive service facility floor mats in any place where the wash or rinse water may flow into any part of the MS4. (Ord. 1560, 10-3-2017)

The responsible person must implement Best Management Practices as follows:

A. New development and redevelopment projects identified in part VI.D.7.b of the MS4 permit and chapter 7 of this title must control pollutants, pollutant loads, and runoff volume by: 1) minimizing the impervious surface area and 2) controlling runoff through infiltration, bioretention, and/or rainfall harvest and use.

B. Responsible persons for parking lots with more than twenty five (25) parking spaces exposed to stormwater which parking lots are associated with industrial or commercial activities, according to the United States Office of Management and SIC must use BMPs to reduce the discharge of pollutants to the maximum extent practicable. Such measures may include regular sweeping or other measures, if effective.

C. Responsible persons of premises where machinery or other equipment is repaired or maintained, at facilities or activities associated with industrial or commercial activities, according to the United States Office of Management and SIC must use BMPs or other steps to prevent discharge of maintenance related or repair related pollutants to the MS4.

D. For other premises exposed to stormwater, the responsible person must use BMPs or other steps to reduce the discharge of pollutants to the maximum extent practicable, including the removal and lawful disposal of any solid waste or any other substance which, if it were to be discharged to the MS4, would be a pollutant, including fuels, waste fuels, chemicals, chemical wastes and animal wastes, from all parts of the premises exposed to stormwater. (Ord. 1560, 10-3-2017)

A. Each discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be issued by the USEPA, the State Water Resources Control Board, or the Regional Board, must comply with all requirements of such permit. Each discharger identified in an individual NPDES permit must comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the authorized enforcement officer prior to the issuance of any grading, building, or occupancy permits, or any other type of permit or license issued by the City.

B. Non-stormwater discharges to the MS4 from construction activities are prohibited.

C. Dischargers associated with construction activities must implement effective BMPs, including source control BMPs, in accordance with the Municipal NPDES permit and construction general permit, to reduce pollutants in stormwater from such sites to the maximum extent practicable.

D. Each person applying to the City for a grading or building permit for projects disturbing one acre or more of soil for which compliance with the construction general permit is required, must submit satisfactory proof to City: 1) that a notice of intent (NOI) to comply with the construction general permit was filed, and 2) that a stormwater pollution prevention plan has been prepared, before the City can issue any grading or building permit on the construction project. A copy of the NOI and the SWPPP must be maintained on site during grading and construction and be made available for inspection, review and copying upon the request of any City inspector.

E. It is unlawful for any person or entity required under Federal or State law to comply with the construction general permit in the City to conduct, authorize, or permit construction activities in the City at any facility which discharges to the City's MS4 without complying with all applicable requirements of the construction general permit.

F. Each person applying for a grading or building permit for any project for which compliance with the construction general permit is not required, must submit to the City for information and implement a grading and construction activity runoff control program adequate to comply with the Municipal NPDES permit and accomplish all of the following:

1. Retain on site the sediments generated on or brought to the project site, using treatment control or structural BMPs in accordance with the minimum BMPs required by the Municipal NPDES permit;

2. Retain construction related materials and wastes, spills and residues at the project site and prevent discharges to streets, drainage facilities, the MS4, receiving waters or adjacent properties;

3. Contain non-stormwater runoff from equipment and vehicle washing at the project site; and

4. Control erosion from slopes and channels through use of effective BMPs, such as limitation of grading during the wet season, inspection of graded areas during rain events; planting and maintenance of vegetation on slopes, if any, and covering any slopes susceptible to erosion.

G. Persons generating or producing pavement saw cutting wastes in any street, curb or sidewalk in the City must recover and properly dispose of such saw cutting wastes, and in no case may such wastes be permitted or suffered to enter any part of the MS4, including, without limitation, any storm drain.

H. Persons performing street and road maintenance in any street in the City must manage street and road maintenance materials in a manner that prevents such materials from being discharged to the MS4.

I. It is unlawful for any person to wash any concrete truck or any part of any concrete truck, including, without limitation, any chute, pump or tools, in any place in the City except an area designated for that purpose by the City, if the City has designated such a place. It is unlawful for any person to permit or allow any concrete rinseate or wash water from any truck, pump, tool or equipment to enter any drain, open ditch, street or road or any catch basin or any other part of the MS4. (Ord. 1560, 10-3-2017)

Each violation of any provision of this chapter, any stormwater pollution prevention plan, any provision of any permit issued pursuant to this chapter, or any administrative compliance order issued pursuant to this chapter is a misdemeanor. (Ord. 1560, 10-3-2017)

A. The authorized enforcement officer, or designee, is authorized to enforce this chapter through any lawful means including, without limitation, conducting routine or complaint-driven inspections, and issuing notices of violation and administrative compliance orders. Such actions may be used to achieve compliance with the provisions of this chapter, any approved stormwater pollution prevention plan or any permit issued pursuant to this chapter. Failure to comply with the terms and conditions of such a notice of violation or an administrative order is a violation of this chapter.

B. The City Attorney is authorized to enforce this chapter through all administrative, civil, and criminal means available. (Ord. 1560, 10-3-2017)

Each violation of any provision of this chapter is a public nuisance and may be abated by the City in accordance with this Code. (Ord. 1560, 10-3-2017)

The remedies listed in this chapter are in addition to any other remedies available to the City under any applicable Federal, State or local law and it is within the discretion of the City to seek cumulative remedies. (Ord. 1560, 10-3-2017)

Whenever necessary to make an inspection to enforce any provisions of this chapter, the enforcement officer for the City may enter any property in the City regulated by this chapter in a manner authorized by State law and take samples; inspect, review, and copy records relevant to any illicit connection, illegal discharge, or the discharge of any pollutant. The owner or other person in charge of day to day activities at the premises, upon request of any City inspector, must make available for inspection, review, and copying any required permit, NOI, BMPs, SWPPP, and any permit relevant to the reduction of the discharge of any pollutant to the maximum extent practicable. (Ord. 1560, 10-3-2017)

The City Council may establish fees for the services provided under this chapter by resolution. (Ord. 1560, 10-3-2017)