Hawaiian Gardens Municipal Code Ch. 6.47 Urban Storm Runoff Control

The City finds and declares that:

A. The City is committed to improving the public health, safety, and welfare, including water quality; and

B. Water runoff is a major contributor to water pollution in Los Angeles County and its environs; and

C. The 1972 amendments to the Federal Water Pollution Control Act (commonly known as and referred to as the Clean Water Act or "CWA"), 33 U.S.C. Sections 1251 through 1387, prohibit the discharge of any pollutant to waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ("NPDES") required by CWA Section 402, 33 U.S.C. Section 1342; and

D. Municipal separate storm sewer systems ("MS4s") that convey urban runoff, including, but not limited to, storm water runoff, are within the definition of point sources under the CWA; and

E. Pursuant to the CWA, the United States Environmental Protection Agency ("U.S. EPA") has defined the term "municipal separate storm sewer system" to mean a conveyance, or system of conveyances, including roads with drainage systems, municipal streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for collecting storm water; and

F. CWA Section 402(p) requires that the City obtain a permit for storm water and urban discharges through the City's MS4; and

G. CWA Section 402(p) further provides that NPDES permits shall require controls to reduce the discharge of pollutants to the maximum extent practicable in order to achieve water quality standards/receiving water limitations, including management practices and such other provisions as may be appropriate for the control of pollutants; and

H. The U.S. EPA, in partial implementation of CWA Section 402(p) has adopted final rules, known as the "Phase I and Phase II Storm Water Regulations" at several places in Parts 9, 122, 123, and 124 of Title 40 of the Code of Federal Regulations ("CFR"); and

I. In partial implementation of CWA Section 402(p) the Phase I and Phase II Storm Water Regulations and the California Water Code, the Regional Water Quality Control Board—Los Angeles Region issued Order No. R4-2021-0105, NPDES Permit No. CAS004004, Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties effective September 11, 2021, to cities in Los Angeles County, including the City; and

J. The City is a permittee under the NPDES MS4 permit and therefore is required by Federal and State law to implement all requirements of the NPDES MS4 permit; and

K. The goal of the NPDES MS4 permit is to have discharges from land uses in the City and other Los Angeles County drainage basins meet water quality standards suitable for the protection of the beneficial uses of the receiving waters (lakes, rivers, ground water and the ocean); and

L. The NPDES MS4 permit requires the City to avail itself of all requisite legal authority to regulate illegal discharges and illicit disposal practices to drainage facilities, and to prosecute persons who illegally discharge or illicitly dispose of polluting materials into the storm drain system. The City may also cooperate with the Regional Water Quality Control Board by referring violators for enforcement of State and Federal laws.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

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

A. Regulating non-storm water discharges to the municipal separate storm sewer system; and

B. Eliminating illicit connections to the municipal separate storm sewer system; and

C. Providing for the control of spillage, dumping, or disposal of harmful materials into the municipal separate storm sewer system; and

D. Reducing pollutants in storm water and urban runoff to the maximum extent practicable in order to achieve water quality standards/receiving water limitations.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them herein, unless clearly inapplicable. Words and phrases not ascribed a meaning by this chapter shall have the meanings ascribed by the NPDES MS4 permit, if defined therein, and if not, by the regulations implementing the National Pollutant Discharge Elimination System, Clean Water Act Section 402, and Division 7 of the California Water Code, as they may be amended from time to time, if defined therein.

Best management practice (BMP) means any schedule of activities, prohibition of practices, maintenance procedure, program, technology, process, siting criteria, operational methods of measures, or other management practices or engineered systems, which when implemented prevent, control, remove, or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters. BMPs include structural and nonstructural controls and operation and maintenance procedures which can be applied before, during and after pollution-producing activities.

City means the City of Hawaiian Gardens.

Construction activity means any construction or demolition activity, clearing, grading, excavation, scrubbing, or any other activities that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "routine maintenance" definition in Section 13.20.020 for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, the Statewide General Construction Permit coverage is required if more than one acre is disturbed or the activities are part of a larger plan.

Development means 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.

Enforcement officer means the officials described in Chapter 1.12 of this Code.

Hazardous materials means 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 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 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 or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition.

Hazardous substance means a "hazardous material."

Illicit connection means 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 means any discharge into the MS4 or from the MS4 into receiving water that is prohibited under local, State, or Federal statutes, ordinances, codes, or regulations. The term illicit discharge includes any non-storm water discharge, except authorized non-storm water discharges; conditionally exempt non-storm water discharges; and non-storm water discharges resulting from natural flows specifically identified in the NPDES MS4 permit.

Industrial/commercial facility means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by the Standard Industrial Classifications (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.

Municipal separate storm sewer system or MS4 means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made 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, 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 Section 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 part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2 (40 CFR Section 122.26(b)(8)).

Non-storm water or non-storm water discharge means any discharge into the MS4 or from the MS4 into receiving water that is not entirely composed of storm water.

NPDES means the National Pollutant Discharge Elimination System, the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405. The term includes an "approved program."

NPDES MS4 permit means Regional Water Quality Control Board—Los Angeles Region issued Order No. R4-2021-0105, NPDES Permit No. CAS004004, Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties, as it may be amended or reissued.

Parking lot means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use.

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

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

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

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

4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State;

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

6. Substances having a pH level less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus;

7. Dredged soil;

8. Solid waste;

9. Incinerator residue;

10. Sewage; garbage and sewage sludge;

11. Chemical wastes; biological materials; radioactive materials;

12. Wrecked or discarded equipment;

13. Rock, sand, cellar dirt;

14. Industrial, municipal and agricultural waste discharge; and

15. Pesticides, herbicides and fungicides.

The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the best management practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the best management practices available.

Redevelopment means land-disturbing activity that 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 routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

Regional Board means the Regional Water Quality Control Board—Los Angeles Region.

Runoff means any runoff including storm water and non-stormwater 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.

Storm drain system means the MS4.

Storm water means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

Structural BMP means any structural facility designed and constructed to mitigate the adverse impacts of storm water and non-storm water pollution (e.g., canopy, structural enclosure). The category may include both treatment control BMPs and source control BMPs.

U.S. EPA means United States Environmental Protection Agency.

Watershed management program means a voluntary, alternative compliance pathway where a permittee or group of permittees develops a comprehensive program on a watershed or subwatershed scale to achieve compliance with the requirements of the order, including complying with receiving water limitations, total maximum daily load provisions, discharge prohibitions, and minimum control measures in a collaborative and holistic manner. Through a WMP, permittees can identify and implement customized, cost effective strategies and BMPs based on the unique characteristics and water quality priorities of the watershed.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

A. Unless such discharges or deposits are authorized by the NPDES MS4 permit or fully complies with a City-approved storm water pollution plan, no person shall cause or allow any discharge or deposit or cause or suffer to be discharged or deposited from any source any pollutant in a manner which will or may cause or result in the pollution of any underground or surface waters by discharging in streets, open channels, gutters, inlets, storm drains, swales or flow across public property.

B. No person shall discharge or cause to be discharged any sewage, waters or vapors into streets, open channels, gutters, inlets, storm drains, swales or flow across public property that have any one of the following characteristics:

1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid solid or gas; any hazardous waste liquid, solids or gas; any leaves, grass clippings, other landscape debris; any ashes, cinders, sand, mud, food, litter, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, manure, or other solid, fluid or viscous substance capable of causing obstruction to the flow in storm drains or other interference with the proper operation of the street/storm drain system (MS4); and

2. Any wash waters from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities; and

3. Any wastewater from mobile auto washing, steam cleaning, mobile carpet cleaning, car washes held on industrial or commercial property to raise funds for persons or organizations not owning the property and other such mobile commercial and industrial operations; and

4. Any discharge from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids, antifreeze or coolants is undertaken; and

5. Any discharge from storage areas for materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; and

6. Any discharge of commercial/public swimming pool chlorinated or brominated water and filter backwash; and

7. Any discharge from the washing of toxic materials from paved or unpaved areas; and

8. Any discharge from the washing out of concrete or cement trucks, pumps, tools, and equipment; and

9. Any discharge from the washing or rinsing of restaurant mats, equipment or garbage bins or cans; and

10. Any washing of impervious surfaces in industrial/commercial areas.

C. Discharges identified in Part III.A of the NPDES MS4 permit are considered exempt or conditionally exempt illicit discharges, and are not prohibited by this chapter, provided that they meet all required conditions specified in the NPDES MS4 permit or as otherwise approved by the Regional Water Board Executive Officer.

D. No person shall construct or use an illicit connection that operates intentionally or unintentionally. If any person fails to remove an illicit connection upon notification by the City, or upon revocation of a connection permit, the City may remove such connection from the storm drain system pursuant to Section 6.47.110 of this chapter.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

No person shall allow any of the following to be handled in such a manner that they are conveyed by any method or means, into any street/storm drain system (MS4):

A. Refuse, rubbish, food waste, food processing waste, garbage, animal waste or any other discarded or abandoned objects except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from storm water or runoff, provided that nothing herein shall permit the deposit of hazardous materials or wastes into trash containers used for municipal trash disposal; and

B. Pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation; and

C. Construction debris, dirt, leaves, or other landscape debris; and

D. Sanitary or septic waste or sewage from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source of waste holding tank, container or device; and

E. Fuel and chemical wastes, batteries, and other materials that have potential adverse impacts on water quality.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

A. Owners and occupants of property within the City shall implement best management practices to prevent or reduce the discharge of pollutants to the MS4 to the maximum extent practicable. The applicable minimum best management practices established in the low impact development regulations in Chapter 13.20 of this Code shall be required of all development and redevelopment within the City. All best management practices shall be kept and maintained in accordance with their initial design and/or the "BMP Guide " prepared by the Community Development Director and adopted by resolution of the City Council, categorizing property management, development, redevelopment, and best management practices for each category of land use, development or redevelopment.

B. The Community Development Director may from time to time propose revisions to the "BMP Guide" and the City Council may adopt these revisions by resolution.

C. No best management practice shall be used in property maintenance, development or redevelopment, unless approved pursuant to this chapter or under Chapter 13.20 of this Code.

D. All structural BMPs must be properly operated and maintained according to product specifications and site characteristics to maintain effectiveness in reducing the discharge of pollutants. Best management practices should also be operated and maintained to prevent the breeding of vectors. Documentation on operation and maintenance activities shall be retained on-site at all times, and made available upon request by an enforcement officer.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

Residential and commercial irrigation systems are to be designed, scheduled and maintained in such a manner that any runoff into the street/storm drain system is minimized.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

All parking lots 5,000 square feet or more, or of more than 25 parking spaces, are to be swept or cleaned by an equally effective method that removes debris no less than every 30 days.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

A. Any person engaging in construction activity that requires an NPDES construction general permit (CGP) must demonstrate possession of such permit before grading and/or building permits can be issued. The CGP permit shall be retained on-site and shall be shown to City officers and inspectors at their request.

B. Any person engaged in a construction activity that is not subject to the NPDES construction general permit (CGP) but is subject to the NPDES MS4 permit, shall be required to comply with requirements contained therein as specified in the City's watershed management program, as it may be amended from time to time.

C. The following best management practices shall apply to all construction sites in addition to the requirements of Section 6.47.060:

1. An effective combination of erosion and sediment control BMPs from Table 7 and/or Table 8 of the NPDES MS4 permit shall be implemented (where applicable).

2. Runoff sediment and construction waste from construction sites and parking areas shall not leave the site.

3. Any sediments or other materials which are tracked off the site shall be removed the same day as they are tracked off the site. Where determined necessary by the Community Development Director or designated representative, a sediment barrier shall be installed.

4. Excavated soil shall be located on the site in a manner that eliminates the possibility of sediments running in the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed.

5. No washing of construction or other industrial vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site is allowed to leave the site.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

A. All persons or businesses engaged in industrial activity in the City shall acquire an NPDES industrial general permit (IGP) from the Regional Water Quality Control Board, before discharging any non-storm water runoff into the storm drain system. The IGP shall be retained on-site and shall be shown to the authorized enforcement officer upon request.

B. Industrial/commercial facility operation/owner shall prepare and submit to the Regional Water Quality Control Board a storm water pollution prevention plan (SWPPP) that incorporates BMPs. To prepare the SWPPP, persons or businesses conducting industrial activities within the City should refer to the latest edition of the California Storm Water Best Management Practices Handbook for industrial/commercial facilities, produced and published by the Storm Water Quality Task Force of the American Public Works Association.

C. Industrial/commercial facilities not subject to the NPDES industrial general permit (IGP) but are subject to pollution control requirements under the NPDES MS4 permit, shall implement BMPs prescribed by the Regional Board or its executive officer, through programs or actions made pursuant to the NPDES MS4 permit. This includes implementing effective BMPs listed in Table 6 of the NPDES MS4 permit, unless a particular pollutant generating activity does not occur on a facility's site.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

A. Penalties. The violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall constitute a misdemeanor, provided that any such violation constituting a misdemeanor under this chapter may, at the discretion of the enforcement officer, be charged and prosecuted as an infraction.

B. Inspections. The City may, when granted permission by the property owner or authorized agent to access private property or when in possession of an administrative inspection warrant issued by a court of competent jurisdiction, inspect in a manner authorized by State law, as often as he or she deems necessary, any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES MS4 permit, storm water management plan, construction activity or other facility to ascertain whether such facilities, plans, or protective measures are in place, maintained and operated in accordance with the provisions of this chapter. In the course of such inspection, the Director may: (1) inspect, sample, make flow measurements of any runoff, discharge or threatened discharge; (2) inspect copy, or examine any records, reports, plans, test results or other information required to carry out the provisions of this chapter, to the extent allowed by law; and (3) photograph any materials, storage areas, waste, waste containers, BMP, vehicle, connection, discharge, runoff and/or violation discovered during an inspection.

C. Nuisance abatement. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a threat to the public health, safety and welfare and are hereby declared a public nuisance. As such, the City may summarily abate and restore, to the fullest extent authorized by law, by action of any authorized enforcement officer, or civil action to abate, to enjoin or otherwise compel the cessation of such public nuisance.

D. Cost recovery. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within 60 days, a lien shall be placed upon and against the property pursuant to applicable law. If the lien is not satisfied within three months, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

E. Recurring nuisances. If any violation of this chapter constitutes a seasonal recurrent nuisance, the Community Development Director shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearings.

F. Award of litigation costs. In any administrative or civil proceeding under this chapter in which the City prevails, the City shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, cost of suit and reasonable attorney fees.

G. Whenever necessary, interagency coordination will be employed to enforce the provisions of this chapter.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)

Fees to be charged for plan checking, monitoring and any other activities carried out by the City under this chapter shall be set by the City Council by resolution pursuant to applicable law.

(Ord. 549 § 1, 2013; Ord. 476 § 1, 2002; Ord. No. 2024-617, § 3(Att. A), 6-12-2024)