Huntington Park Municipal Code Ch. 9 Stormwater Management and Discharge

When used in this chapter the following words and phrases shall have the following meaning. If the definition of any term contained in this chapter conflicts with the definition of the same term in Order No. R4-2012-0175, then the definition contained in Order No. R4-2012-0175 shall govern:

"Act"

means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251.

"Automotive service facility"

means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) Codes. For inspection purposes, permittees need not inspect facilities with SIC Codes 5013, 5014, 5511, 5541, 7532—7534, and 7536—7539; provided that these facilities have no outside activities or materials that may be exposed to stormwater (Order No. R4-2012-0175).

"Basin Plan"

means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments (Order No. R4-2012-0175).

"Best management practice (BMP)"

means 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 (Order No. R4-2012-0175).

"Biofiltration"

means a 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 (Order No. R4-2012-0175).

"Bioswale"

means 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 (Order No. R4-2012-0175).

"City"

means the City of Huntington Park.

"Clean Water Act (CWA)"

means 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.

"Code of Federal Regulations (CFR)"

means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.

"Commercial development"

means 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 (Order No. R4-2012-0175).

"Commercial malls"

means any development on private land comprised of one 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 (Order No. R4-2012-0175).

"Construction activity"

means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity 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 for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for stormwater discharges associated with industrial activities or for stormwater discharges associated with construction activities is required if more than one acre is disturbed or the activities are part of a larger plan (Order No. R4-2012-0175).

"Control"

means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity of activities (Order No. R4-2012-0175).

"County"

means the Los Angeles County Department of Public Works.

"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 (Order No. R4-2012-0175).

"Directly adjacent"

means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area (Order No. R4-2012-0175).

"Discharge"

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

"Disturbed area"

means an area that is altered as a result of clearing, grading, and/or excavation (Order No. R4-2012-0175).

"Flow-through treatment BMPs"

means a modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (Order No. R4-2012-0175).

"Full capture system"

means any single device or series of devise, certified by the Executive Officer, that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (Order No. R4-2012-0175).

"General construction activities stormwater permit (GCASP)"

means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions (Order No. R4-2012-0175).

"Green roof"

means 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 (Order No. R4-2012-0175).

"Hazardous material"

means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substantial designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance that is a solid waste, as defined in 40 CFR 261.4(b), or is a hazardous substance under Section 101(14) of the Act, it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24.

"Hazardous waste"

means a hazardous material that is to be discharged, discarded, recycled and/or processed.

"Hillside"

means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25% or greater and where grading contemplates cut or fill slopes (Order No. R4-2012-0175).

"Illicit connection"

means any device through or by which illicit discharges are made into the City's storm drain system, including, but not limited to, floor drains, pipes or any fabricated or natural conduits.

"Illicit discharge"

means any discharge of any substance or material to the City's storm drain system that is not composed entirely of stormwater runoff, except for the following:

(1)

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

(2)

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

(3)

Other discharges specifically permitted by law.

"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 either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (Federal, State, municipal, private) and profit motive of the facility are not factors in this definition (Order No. R4-2012-0175).

"Industrial park"

means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have officers and light industry (Order No. R4-2012-0175).

"Infiltration BMP"

means a LIP BMP that reduces stormwater runoff by capturing and infiltrating the runoff into insitu soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (Order No. R4-2012-0175).

"Low impact development (LID)"

consists of building and landscape features designed to retain or filter stormwater runoff (Order No. R4-2012-0175).

"Municipal separate storm sewer system (MS4)"

means 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 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 at 40 CFR Section 122.2 (40 CFR Section 122.26(b)(8) (Order No. R4-2012-0175).

"National Pollutant Discharge Elimination System (NPDES)"

means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 403, 318, and 405. The term includes an "approved program" (Order No. R4-2012-0175).

"Natural drainage system"

means 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 (Order No. R4-2012-0175).

"New development"

means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Order No. R4-2012-0175).

"Non-stormwater discharge"

means any discharge to a municipal storm drain system that is not composed entirely of stormwater (Order No. R4-2012-0175).

"Outfall"

means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United States and are used to convey waters of the United States (40 CFR Section 122.26(b)(9)) (Order No. R4-2012-0175).

"Parking lot"

means 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 5,000 square feet or more of surface area, or with 25 or more parking spaces (Order No. R4-2012-0175).

"Pollutant"

means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 13373 (Order No. R4-2012-0175).

"Project"

means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Public Resources Code Section 21065) (Order No. R4-2012-0175).

"Rainfall harvest and use"

means 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 (Order No. R4-2012-0175).

"Receiving water"

means "water of the United States" into which waste and/or pollutants are or may be discharged (Order No. R4-2012-0175).

"Redevelopment"

means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of 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 (Order No. R4-2012-0175).

"Regional Board"

means the California Regional Water Quality Control Board Los Angeles Basin.

"Restaurant"

means 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) (Order No. R4-2012-0175).

"Retail gasoline outlet"

means any facility engaged in selling gasoline and lubricating oils (Order No. R4-2012-0175).

"Routine maintenance"

includes, but is 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, regarding dirt or gravel roadways and shoulders and performing ditch cleanouts.

(4)

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

(5)

Repair leaks.

"Runoff"

shall mean the same as "Urban runoff."

"Significant ecological areas (SEAs)"

means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one 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 (Order No. R4-2012-0175).

"Site"

means land or water where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (Order No. R4-2012-0175).

"Standard Industrial Code (SIC)"

means a numbering system developed by the United States Government, Office of Management and Budget, for the classification of establishments by the type of activity in which they are engaged.

"Storm drain system"

means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial rains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City.

"Storm water or stormwater"

means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 Federal Regulations Code Sections 47990, 47995 (Nov. 16, 1990)).

"Urban runoff"

means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial or industrial activities involving the use of potable and nonpotable water.

"U.S. EPA"

means United States Environmental Protection Agency.

(§ 3, Ord. 580-NS, eff. November 20, 1996, as amended by § 3, Ord. 656-NS, eff. June 20, 2001, and § 2, Ord. 912-NS, eff. August 1, 2013)

This chapter shall be administered by the Chief Administrative Officer.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

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 existing or future NPDES permits and any amendment, revision or re-issuance thereof.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

(a) Objective. The provisions of this section establish requirements for construction activities and facility operations of development and redevelopment projects to comply with Order No. R4-2012-0175, lessen the water quality impacts of development by using smart growth practices, and integrate low impact development (LID) practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID practices shall be inclusive of all new development and/or redevelopment requirements as further defined in subsection (c).

(b) Scope. This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the City to further define and adopt stormwater pollution control measures, and to develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, grant waivers from the LID requirements, and collect funds for projects that are granted waivers. Except as otherwise provided herein, the City shall administer, implement and enforce the provisions of this section.

(c) Applicability. Development projects subject to City conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s) are:

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

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

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

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

(5) Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.

(6) Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.

(7) Streets and roads construction of 10,000 square feet or more of impervious surface area. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.

(8) Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532—7534, and 7536—7539) 5,000 square feet or more of surface area.

(9) Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will:

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

(ii) Create 2,500 square feet or more of impervious surface area.

(10) Single-family homes.

(11) Redevelopment Projects.

(i) Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site on planning priority project categories.

(ii) Where redevelopment results in an alteration to more than 50% of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.

(iii) Where redevelopment results in an alteration of less than 50% of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

(iv) Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

(v) Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area.

(d) Specific Requirements. The site for every project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest.

(1) A new single-family home development shall include mitigation measures to:

(i) Conserve natural areas;

(ii) Protect slopes and channels;

(iii) Provide storm drain system stenciling and signage;

(iv) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

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

(2) Street and road construction of 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 projects not covered above shall prepare a LID implementation plan to comply with the following:

(i) Retain stormwater runoff on-site for the stormwater quality design volume (SWQDv) defined as the runoff from:

(aa) The 85th percentile 24 hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or

(bb) The volume of runoff produced from a 0.75 inch, 24 hour rain event, whichever is greater.

(ii) Minimize hydromodification impacts to natural drainage systems as defined in Order No. R4-2012-0175.

(iii) To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain 100 percent of the SWQDv on-site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:

(aa) The infiltration rate of saturated in-situ soils is less than 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 biorention BMPs in retaining the SWQDv on-site;

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

(cc) Locations within 100 feet of a groundwater well used for drinking water;

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

(ee) Locations with potential geotechnical hazards;

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

(iv) If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half (1.5) times the portion of the remaining SWQDv that is not reliably retained on-site. Biofiltration BMPs must adhere to the design specifications provided in Order No. R4-2012-0175.

(v) The remaining SWQDv that cannot be retained or biofiltered on-site must be treated on-site to reduce pollutant loading BMPs must be selected and designed to meet pollutant-specific benchmarks as required per Order No. R4-2012-0175. Flow-through BMPs may be used to treat the remaining SWQDvs and must be sized based on a rainfall intensity of:

(aa) 0.2 inches per hour; or

(bb) The one-year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

(§ 3, Ord. 580-NS, eff. November 20, 1996, as amended by § 1, Ord. 684-NS, eff. August 15, 2002, and § 3, Ord. 912-NS, eff. August 1, 2013)

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

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

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

(d) Disposal of Landscape Debris. No person shall intentionally dispose of leaves, dirt or other landscape debris into any storm drain system.

(e) Industrial Activities. 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 Storm Water Permit, when required. Each industrial discharger associated with construction activity, or other discharger, described in any general storm water permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, Los Angeles Region, shall provide notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such discharges. Persons conducting industrial activities within the City should refer to the most recent edition of the Industrial/Commercial Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing pollutants in storm water discharges from industrial activities. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(f) Discharge in Violation of Permit. Any discharge that would result in, or contribute to, a violation of NPDES Permit No. CAS614001, available for viewing at the City of Huntington Park City Hall, City Clerk's office, and any amendment, revision or re-issuance thereof, either separately considered or when combined with other discharges, is prohibited. 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 in any administrative or judicial enforcement action relating to such discharge.

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

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

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

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

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

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

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

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

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

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

(q) Illicit discharges and illicit connections to the MS4 is prohibited. Illicit connections shall be removed.

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

(1) Littering;

(2) The disposal of leaves, dirt, or other landscape debris into a storm drain;

(3) The discharge to the MS4 of any pesticide, fungicide, or herbicide banned by the USEPA or the California Department of Pesticide Regulation;

(4) Improper disposal of food wastes;

(5) The disposal of hazardous wastes into trash containers used for municipal trash disposal so as not to cause a discharge to the MS4;

(6) In areas exposed to stormwater, the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, and other materials which have potential adverse impacts on water quality is required.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

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

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

(b) Storage of Materials, Machinery and Equipment.

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

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

(c) Gray Water. The discharge of gray water to street or storm drain is prohibited. Gray water is water that is discharged from sinks, showers, tubs, washing machines, dishwashers, and garbage disposal.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.

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

(c) For the first failure to comply with any provision of this chapter, the Director of Community Development, or designee, shall issue to the affected person a written notice which includes the following information:

(1) A statement specifying the violation committed;

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

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

(d) Each subsequent failure to comply with any provision of this chapter following written notice issued pursuant to subsection (c), shall constitute an infraction punishable as provided in Section 1-2.01 of the Huntington Park Municipal Code. Each day during which a person fails to comply with the provisions of this chapter following written notice shall constitute a separate offense.

(e) A violation of any provision of this chapter is declared to be a public nuisance, and the City Attorney is authorized to abate such violation by means of a civil action.

(f) The penalties and remedies established by this section shall be cumulative.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

(a) Prior to the submittal of an application for approval of new construction or redevelopment by the Planning Department and/or the Building and Safety Department the applicant shall submit an LID plan to the City Engineer and/or Building Official.

(b) The City Engineer and/or Building Official shall approve or disapprove the plan within 14 business days of submittal, or within 14 business days of approval of the development project by the Planning Commission, where such approval is required. If the plan is disapproved, the reasons for disapproval shall be given in writing to the developer. Any plan disapproved by the City Engineer and/or Building Official or designee may be revised by the developer and resubmitted for approval. A resubmitted plan will be approved or disapproved within 14 business days of submission No building permit shall be issued until an LID implementation plan has been approved by the City Engineer and/or Building Official.

(§ 3, Ord. 580-NS, eff. November 20, 1996, as amended by § 4, Ord. 912-NS, eff. August 1, 2013)

(§ 3, Ord. 656-NS, eff. June 20, 2001, repealed by § 5, Ord. 912-NS, eff. August 1, 2013)

The low impact development implementation plan shall be prepared by a California registered civil engineer, architect, landscape architect knowledgeable about stormwater management issues and shall evaluate and propose the proper BMPs to address each source of pollutants identified by the project evaluation. As a minimum the designer shall provide BMPs meeting the requirements of Section 7-9.04.

(§ 3, Ord. 656-NS, eff. June 20, 2001, as amended by § 6, Ord. 912-NS, eff. August 1, 2013)

The LID implementation plan shall address issues unique to the following occupancies:

(a) Automotive Repair Shops.

(1) Properly Designed Fueling Areas. Fueling facilities for a new automotive repair project shall be constructed in compliance with the Service Station Managers Association guidelines.

(2) Property Design of Outside Material Storage Areas. Areas used for storage of vehicles under repair or for storage of spare parts shall be designed to minimize, to the greatest extent practicable, the exposure of stored parts or vehicles to rainfall.

(3) Property Design of Repair/Maintenance Bays. Repair/maintenance bays shall be designed to allow for the collection of all fluid spills and floor washdown runoff and provide for the proper discharge of these fluids to the sanitary sewer system. Automotive fluids and greases shall not be discharged to areas exposed to rainfall.

(4) Properly Designed Loading and Unloading Areas. Loading and unloading of materials and vehicles shall be handled to limit the discharge of pollutants to the public streets or storm drain system. Spill prevention and cleanup materials shall be maintained on the site at all times and the staff at the site shall be trained in the proper use of such materials and their use.

(b) Commercial Developments.

(1) Proper Design for Outside Material Storage Areas. Areas used for storage of raw materials or for storage of finished products or merchandise shall be designed to minimize, to the greatest extent practicable, the exposure of stored materials to rainfall.

(2) Proper Design for Repair/Maintenance Bays. Repair/maintenance bays shall be designed for the proper discharge of fluids to the sanitary sewer system. Automotive fluids and greases shall not be discharged to areas exposed to rainfall.

(3) Proper Design for Loading and Unloading Areas. Loading and unloading of materials and equipment shall be handled to limit the discharge of pollutants to the storm drain system. Spill prevention and cleanup materials shall be maintained on site and at all times and staff shall be trained in its proper use of such materials.

(c) Restaurants (SIC 5812).

(1) Properly Designed Equipment/Accessory Wash Areas. Projects in this SIC shall be designed with an area for the washing of floor mats and other large equipment that is connected to the sanitary sewer system. The area shall be roofed to prevent the entrance of rainwater or shall be designed to activate a valve to transfer the discharge from the storm drain to the sanitary sewer when mats or equipment are being washed. The operator may, upon submission of substantial proof, eliminate the wash area if no floor mats or equipment will be washed outside.

(2) Proper Design for Outside Storage Areas. Projects shall be designed to limit, to the greatest extent practicable, the exposure to rainfall or rainwater runoff for materials stored outside of the building. This provision shall apply to, but is not limited to, the storage of fryer fat stored for recycling, cardboard or paper storage intended for recycling, and waste food products stored for recycling.

(d) Retail Gasoline Outlets.

(1) Proper Design for Fueling Areas. Fueling facilities for a new retail gasoline outlet project shall be constructed in compliance with the Service Station Managers Association Guidelines.

(2) Proper Design for Outside Materials Storage Areas. Areas used for storage of products or merchandise shall be designed to minimize, to the greatest extent practicable, the exposure of stored materials to rainfall.

(3) Proper Design for Repair/Maintenance Bays. Repair/maintenance bays shall be designed to allow for the collection of all fluid spills and floor washdown runoff and provide for the proper discharge of these fluids to the sanitary sewer system. Automotive fluids and greases shall not be discharged to areas exposed to rainfall.

(§ 3, Ord. 656-NS, eff. June 20, 2001, as amended by § 7, Ord. 912-NS, eff. August 1, 2013)

The City shall review the LID implementation plan to assure that is complies with all elements of Order No. R4-2012-0175 and that the applicant has identified the BMPs necessary to protect the City's MS4 system. The City Engineer or designee shall identify any deficiencies in the plan and return it to the applicant for modification. When the plan is found to comply with the provisions of this section, the grading and/or building permits may be issued for the project. If, during construction, the plan is found to be deficient by the City, the applicant shall amend the plan to address the deficiency.

(§ 3, Ord. 656-NS, eff. June 20, 2001, as amended by § 8, Ord. 912-NS, eff. August 1, 2013)

Upon approval and acceptance of the LID implementation plan by the City, the applicant shall file a signed original of the plan with the County Recorder. The document shall contain sufficient legal description to identify the property covered and shall be binding upon the applicant and all successors in interest to the property. The format shall be provided by the County and shall only be amended or removed from title with the consent of the City.

(§ 3, Ord. 656-NS, eff. June 20, 2001, as amended by § 9, Ord. 912-NS, eff. August 1, 2013)

If after evaluating the issues related to a project, the applicant determines that an LID implementation plan is infeasible for their project, a waiver may be applied for. The waiver for infeasibility shall only be granted when all structural or treatment BMPs have been considered and rejected as infeasible. All of the following situations shall apply to justify an impracticability waiver:

(a) Extreme limitations of space for treatment on a redevelopment project;

(b) Unfavorable or unstable soils conditions at a site to attempt infiltration;

(c) Risk of groundwater contamination because a known unconfined aquifer lies beneath the site or an existing or potential underground source of drinking water is less than 10 feet from the soil surface.

(§ 3, Ord. 656-NS, eff. June 20, 2001, as amended by § 10, Ord. 912-NS, eff. August 1, 2013)

(a) No grading permit shall be issued for developments with disturbed areas of five acres or greater unless the applicant can show that: (1) a notice of intent (NOI) to comply with the State Construction Activity Storm Water Permit has been filed; and (2) a Storm Water Pollution Prevention Plan (SWPPP) has been prepared.

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

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

(2) Any sediments or other materials which are not retained on the site shall be removed the same day as they leave the site. Where determined necessary by the City Engineer and/or Building Official or designated representative, a temporary sediment barrier shall be installed.

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

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

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

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

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

(ii) Dikes, filter berms or ditches;

(iii) Down drains, chutes or flumes.

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

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

(e) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists on any construction site any condition which constitutes a violation of the provisions of this chapter, the officer may, upon consent or upon obtaining an inspection warrant, enter such construction site at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.

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

(g) The violation of this section shall constitute an infraction punishable as provided in Section 1-2.01 of this Code. Each day that a violation occurs shall constitute a separate offense.

(h) A violation of any provision of this section is declared to be a public nuisance, and the City Attorney is authorized to abate such violation(s) by means of a civil action.

(i) The penalties and remedies established by this section shall be cumulative.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

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.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

The Public Works Department shall conduct an informational program to educate the public about the dangers of stormwater and urban runoff pollution and the means of controlling such pollution. The program shall educate residents and business persons who operate within the City about the contents of this chapter.

(§ 3, Ord. 580-NS, eff. November 20, 1996, as amended by § 11, Ord. 912-NS, eff. August 1, 2013)

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever any officer authorized by the Chief Administrative Officer to enforce this chapter has reasonable cause to believe that there exists in any building or upon any premises a condition which constitutes a violation of the provisions of this chapter, the officer may, in a manner authorized by law, enter such building or premises at all reasonable times to inspect the same or perform any duty necessary to enforce this chapter.

(§ 3, Ord. 580-NS, eff. November 20, 1996)

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

(§ 3, Ord. 580-NS, eff. November 20, 1996)

The provisions of this chapter shall not operate to deprive any property owner of any constitutionally protected right. If a property owner claims that application of this chapter to a specific project would deprive the property owner of a constitutionally protected right, then such property owner shall make application to the City and the City may allow additional land uses, but only to the extent necessary to avoid depriving the property owner of a proven constitutionally protected right. In any such application the burden shall be on the property owner to demonstrate that strict application of this chapter would cause the deprivation of a constitutionally protected right. Such additional land uses shall be consistent with and carry out the purposes of this chapter as set forth herein, and shall not be inconsistent with any other Federal, State, or local laws, including, but not limited to, the City's General Plan.

(§ 3, Ord. 580-NS, eff. November 20, 1996)