La Habra Heights Municipal Code Ch. 4.16 Surface Water, Ground Water, Water Quality and Sanitation and

The purpose of this Chapter is to establish regulations governing surface water, ground water and water quality in the City. It is unlawful and a nuisance for any landowner or person leasing, occupying, or having charge or possession of any real property in the City to undertake the activities prohibited by this Chapter.

It is unlawful for any person or entity to deposit any refuse, rubbish, stones, or any other materials that may impede, retard or change the normal direction or velocity of the flow of, or deteriorate the quality of the surface water and ground water in the channel or bed or bank of any river, stream, wash, natural drainage course or arroyo in the City of La Habra Heights.

It is unlawful for any person or entity to deposit any material other than storm water runoff, including but not limited to mud, rotary mud, sand, water, oil or other hazardous materials, onto or upon any public or private street, highway, drainage ditch, storm drain or flood control channel.

It is unlawful and a nuisance for any person or entity to maintain or operate, or cause to be maintained or operated, a pool or other water feature in such a manner which allows it to become a breeding place for mosquitoes or other insects. For purposes of this Section, the term pool means any public or private above-grade, at-grade or below-grade basin, chamber, tank or structure used or intended to be used for wading, swimming, diving, bathing or any form of water recreation, therapy or sport or for water gardens or fish ponds.

The following Divisions of Title 20 of the Los Angeles County Code have been adopted by reference:

A. Except as hereinafter provided, Title 20, Utilities, Division 2, Sanitary Sewers and
Industrial Waste, of the Los Angeles County Code, as amended and in effect on June 29,
2006, is adopted by reference as the Sanitary Sewer and Industrial Waste Ordinance of the
City of La Habra Heights.

B. Except as hereinafter provided, Title 20, Utilities, Division 5, Flood Control District
Property and Facilities, of the Los Angeles County Code, as amended and in effect on June
29, 2006, is adopted by reference as the Flood Control Channel Ordinance of the City of
La Habra Heights.

The Sanitary Sewer and Industrial Waste Ordinance (Title 20, Division 2) is amended as follows:

A. Section 20.28.050 is amended to provide that the City Engineer may recommend that the
City Council approve an agreement to reimburse a subdivider, school district, an
improvement district formed under special assessment procedures, or person for the cost of
constructing sanitary sewers for public use where such sewers can or will be used by areas
outside of the proposed development; and to establish a reimbursement district and
collection rates as described in the agreement under the provisions of this Chapter.

B. Section 20.32.130 is amended by adding the following: "The City Council may waive said
fee, except in reimbursement projects, for any existing residential property when said
connection is made within six (6) months of the construction by the City of the line to
which the residences will be connected if the City Council finds that said waiver will
encourage connection to the City project and if the City project is being constructed in the
vicinity of a Federal project for which no connection charges were required."

C. Section 20.32.150 is amended to specify that in the event the City Engineer determines that
the property described in the application for a permit is included within a sewer
reimbursement district that has been formed by the City Council in accordance with Section
20.28.050, the charge for connecting to the public sewers shall be as set forth in the
agreement.

D. Section 20.32.280 is amended by adding the following: "All monies collected under this
Section for sewer maintenance are to be submitted directly to the County Sewer
Maintenance District for inclusion in the Maintenance District’s Funds."

E. Section 20.32.290 is hereby deleted.

F. Section 20.32.300 is amended to state that all money received under Section 20.32.200
shall be deposited with the County Treasurer and credited to the Special Sewer
Maintenance Fund.

G. Section 20.32.690 is amended by adding the following: "In the event the damaged public
sewer is not in a Sewer Maintenance District, the violator shall reimburse the City within
thirty (30) days after the City shall render an invoice for the same. The amount when paid
shall be deposited in the City Treasury."

H. Section 20.32.325 is amended to read as follows: The City Council shall, by resolution, establish a sewer connection fee to be charged and collected by the City for each connection to any public sewer or trunk sewer in the City, whenever all or any portion of such public sewer or trunk sewer, including man-holes, wyes, laterals or other related facilities and appurtenances, is, was, or is to be paid for by the City, and reimbursement of which expenditure is not or has not been otherwise provided for by bond issue, private contract, special assessment district or otherwise. Such resolution shall authorize and direct the City Engineer to charge and collect such sewer connection fee at the time a Sewer Connection Permit is issued, and such sewer connection fee shall be in addition to all permit, connection inspection, and other fees and charges which are otherwise required to be paid.

Pursuant to Division 5, Part 3, Chapter 6, Article 4 of the Health and Safety Code of the State of California and further pursuant to Section 11 of Article XI of the State Constitution, sewer service fees can be established in connection with water, sanitation, storm drainage or sewerage system.

A. Sewer User Fees. Any person who discharges wastewater into the wastewater collection
system serving seventeen (17) homes in the subdivision within the Reserve Specific Plan
area of the City shall pay a user fee in accordance with the schedule of charges as may be
set from time to time by resolution of the City Council. The charges provided therein shall
remain in effect until amended by ordinance or resolution of this City Council.

Unless and until this section is amended to remove this restriction, this section is applicable
only to the sewer line which serves seventeen (17) parcels in the subdivision within the
Reserve Specific Plan area.

B. Sewer User Fees As a Debt. The sewer user fee shall be a civil debt owing the City from
the person subject to the fee.

1. If an invoice for the sewer user fee established by this Chapter is unpaid sixty (60)
days after mailing to the property owner, a penalty of ten (10) percent shall be
charged, and an additional one and one-half (1.5) percent per month shall be charged
until the charges and penalties are paid in full; further, the user is responsible for all
amounts incurred by the City to disconnect and to restore sewer service. If the City
Council authorizes collection of sewer fees on the property tax roll as authorized by
Health and Safety Code Section 5473 or other authority, this subsection B shall be
inapplicable to fees so collected.

2. If court action is taken to enforce nonpayment of charges, the user shall pay all
reasonable attorneys’ fees incurred by the City.

C. Collection Procedure for Delinquent Accounts—Creation of Lien. Any sewer service
fees that remain unpaid after the delinquent dates as set forth in subsection B of this section
may be collected thereafter by the City as provided in this section or in any other manner
authorized by law.

1. The City Council shall cause a report of delinquent utility fees to be prepared
periodically. The City Council shall fix a time, date and place for hearing the report
and any objections or protests thereto.

2. The City Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than fifteen (15) days prior to the date of the hearing. 3. At the hearing, the City Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees. The City Council may make such revisions or corrections to the report as it deems just, after which the report shall be confirmed by resolution. 4. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the City Clerk, or auditor appointed by the City Council. The lien created attaches upon recordation of a certified copy of the resolution of confirmation in the office of the County Recorder. The assessment may be collected at the same time and in the same manner as other property taxes and penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment.

   D. Collection Via Property Tax Roll. The City Council hereby elects to have delinquent sewer user fees confirmed pursuant to the collection procedure of subsection C of this section collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the City’s general taxes pursuant to Health and Safety Code Section 5471 et seq. The election made by the adoption of this section shall remain in effect until repealed by further ordinance of this City Council.

   E. Sewerage Revenue Control. All moneys received from the collection of the sewer user fees established in this Chapter shall be controlled, and used only as permitted, by Section 5471 of the Health and Safety Code of the State of California.

F. Connection Fees. Any person connecting premises to the wastewater collection system of the City shall first pay a connection fee in accordance with the schedule of charges as may be set from time to time by resolution of the City Council. No person who has previously paid for construction of a portion of the City’s wastewater collection system with respect to premises located within a special sewer assessment district or reimbursement district shall pay the fee required by this section. (Ord. 2016-03 § 2)

The following local regulations govern illicit discharges that could affect the quality of surface waters and storm water runoff.

A. Discharges and Connections. No person shall cause or permit or allow to be caused or
permitted, any discharge, from such person’s property, of non-storm water runoff to enter
the storm drain system, unless such discharge is authorized by an NPDES Permit or fully
complies with a City approved Storm Water Pollution Prevention Plan. No person shall
construct or use an illicit connection that operates intentionally or unintentionally.

B. Illicit Disposal. No person shall spill, dump, dispose place or otherwise allow any material,
other than storm water runoff into any storm drain system. Disposal in the City shall
comply with Best Management Practices (BMPs) adopted by the City that apply to such
activities.

C. Construction Projects. All residential and nonresidential construction activities shall be
in conformance with the BMPs procedures adopted by the City that apply to such
construction activities. A Building or Grading Permit for residential or nonresidential
construction activity will not be issued prior to issuance of a required NPDES Permit. If an
NPDES Permit is required for such construction activity, the NPDES Permit shall be
maintained at the site of said activity and shall be shown upon request to the City’s
employees or agents.

D. Resource Production Sites. All persons engaged in resource production activity in the
City, if any, shall acquire an NPDES Permit prior to discharging any non-storm water
runoff into the storm drain system. The NPDES Permit shall be retained on site and shall
be available for review by City officers or inspectors or those persons authorized to inspect
on behalf of the City, at the request of any such person. All resource production activities
shall comply with Best Management Practices (BMPs).

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

F. Illicit Discharges and Connections. No person shall establish, use, maintain, or continue
any illicit connection or any illicit discharge to the municipal separate storm water system.
This prohibition applies to the use, maintenance, or continuation of any illicit connection,
whether that connection was established prior to, or after, the effective date of the
ordinance that adopted this Chapter.

G. 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. No person shall throw or deposit litter in any fountain, pond, lake, stream, or
other body of water within the City. This paragraph shall not apply to refuse, rubbish or
garbage deposited in containers, bags or other appropriate receptacles which are placed in
designated locations for regular solid waste pick up and disposal.

H. Disposal of Landscape Debris. No person shall intentionally dispose of leaves, dirt, or
other landscape debris into the municipal separate storm water system.

I. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the
maximum extent practicable. Runoff of water from the washing down of paved areas shall
be minimized to the maximum extent practicable.

J. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be
repaired or maintained in areas susceptible to or exposed to storm water shall be placed in
a manner so that leaks, spills and other maintenance-related pollutants are contained and
not discharged to the municipal separate storm water system.

K. Removal and Disposal of Debris from Parking Lots. Non-residential vehicle parking lots
with more than twenty-five (25) parking spaces that are located in areas potentially exposed
to storm water shall be swept to prevent accumulation of debris or other equally effective
measures shall be utilized to remove accumulation of debris.

L. Food Wastes. Food wastes generated by nonresidential food service and food distribution
sources shall be properly disposed of in a manner so such wastes are not discharged to the
municipal separate storm water system.

M. Animal Wastes. Animal waste, including but not limited to, waste accumulation in stables, dressage rings, other equestrian facilities, poultry pens, private kennels, and other facilities must be regularly impounded and cleaned and the waste disposed of in a manner that does not lead to contamination of the soil and/or surface or groundwater. Such wastes may not be discharged into any municipal waste system where such systems are provided. The storage and removal of animal waste must adhere to the requirements of a Large Animal Keeping Permit.

N. Septic Tank Permits. All uses requiring septic tanks for the disposal and treatment of
effluent must maintain a Septic Permit pursuant to Title 20 of the Los Angeles County
Code.

O. Septic Tank Inspections. No future residential development shall be approved until soil
and drainage conditions have been analyzed to assure that septic tank and cesspool liquid
waste disposal systems can function adequately to protect the water table unless the
development covers the cost of connection to a sewer system. If there are areas of the City
in which organic waste disposal systems are failing, special assessment districts shall be
formed to finance small area sewage treatment facilities or connections to regional sewer
systems.

P. Maintenance of Water Courses. Property owners are required to keep the courses of blue
line streams, or other surface water bodies including intermittent streams, running clear and
unimpeded through their properties.

The following requirements apply to the installation and maintenance of septic systems.

A. Soils Testing Required. Soils will be tested following Los Angeles County procedures to
assure their receptivity and appropriateness for leaching liquid waste prior to installation of
any new system.

B. Approval Required. A private sewage disposal system may be installed provided that
prior to the issuance of a Building Permit for any new structure, or prior to a change in use
of an existing structure, where the sewage disposal system is to be utilized, written approval
must be obtained from the City as provided in this Chapter.

C. Permit Required. It is unlawful for any person to alter, expand, or otherwise modify an
existing sewage disposal system without first submitting plans of the proposed work and
obtaining a permit.

D. Maintenance and Repair. In case of failure, malfunction or breakdown of a private
sewage disposal system, if not corrected within the time designated by the City, the City
may order or cause the necessary corrections to be made. The property owner will be
responsible for the costs of correction. The City may also order vacation of the premises
pursuant to applicable provisions of this Chapter.

E. Abandoned Septic Systems. Every private sewage disposal system that has been
abandoned or has been discontinued from further use or to which no waste discharge pipe
from a plumbing fixture is connected shall be treated in accordance with the applicable
standards.

F. Septic Systems Verification. When homes and other properties equipped with septic
systems are offered for sale, verification as to the functionality of the septic systems must
be provided following procedures maintained by the Community Development
Department.

G. Onsite Wastewater Treatment System. Except as herein provided, County of Los
Angeles Ordinance No. 2018-0037, knows as the Local Agency Management Program
(LAMP), as contained in Title 8 (Consumers Protection, Business and Wage regulations)
and Title 11 (Health and Safety) of the Los Angeles County Code is here by incorporated
by reference and shall regulate conventional and non-conventional onsite wastewater
treatment systems (OWTS) within the City of La Habra Heights, including review, siting,
design, permitting, operation and maintenance requirements for OWTS, and providing for collections of fees associated with the monitoring and enforcement of OWTS.
(Ord. 2019-01 § 2)

Best Management Practices (BMP) for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials that have potential adverse impacts on water quality shall be used in areas exposed to storm water.

A. Requirements for Industrial or Commercial and Construction Activities. Each
industrial discharger, discharger associated with construction activity, or other discharger
described in any general storm water permit addressing such discharges, granted by the
United States Environmental Protection Agency, the State Water Resources Control Board,
or the Regional Board shall comply with all requirements of such permit. Each discharger
identified in a NPDES Permit shall 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 City Manager prior to the issuance of any grading, building or occupancy
permits, or any other type of permit or license issued by the City.

B. Standard Urban Storm Water Mitigation Plan ("SUSMP") Requirements for New
Development and Redevelopment Projects. New development and redevelopment
specified in this Chapter shall require a storm water mitigation plan that complies with the
most recent SUSMP and any local storm water mitigation requirements.

C. Incorporation of SUSMP into Project Plans. An applicant for a new development or a
redevelopment project subject to the requirements of this Chapter shall incorporate a storm
water mitigation plan into the development plan that includes those Best Management
Practices (BMPs) necessary to control storm water pollution from construction activities
and facility operations. Structural or treatment control BMPs set forth in project plans shall
meet the design standards set forth in the SUSMP. If a project applicant has included or is
required to include structural or treatment control BMPs in project plans, the applicant shall
provide verification of maintenance provisions. The verification shall include the
applicant’s signed statement, as part of the project application, accepting responsibility for
all structural and treatment control BMP maintenance until such time, if any, that the
property is transferred.

D. Issuance of Discretionary Permits. No discretionary permit may be issued for any new
development or redevelopment project identified in Subsection B. of this Section until the
Community Development Director confirms that either (i) the project plans comply with
the applicable SUSMP requirements, or (ii) compliance with the applicable SUSMP
requirements is impracticable for one (1) or more of the reasons set forth in Subsection F
of this Section regarding issuance of waivers. Where a project results in an increase of less
than fifty (50) percent of the impervious surfaces of a previously existing development, and
the existing development did not require a SUSMP at the time the last discretionary
approval was granted by the City, the design standards set forth in the SUSMP will apply
only to the addition, and not to the entire development.

E. Issuance of Certificates of Occupancy. As a condition of issuing a certificate of
occupancy for a new development or redevelopment project identified in Subsection B. of
this Section, the Community Development Director shall require facility operators and/or
owners to implement all BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control
BMPs will be maintained in compliance with the SUSMP and other applicable regulatory
requirements.

F. Granting of Waiver. The Community Development Director shall have the authority to
grant a waiver from the requirements of the SUSMP for a development or redevelopment
project if it can be shown to be impractical. An impracticability waiver may be granted
only when all structural or treatment control BMPs have been considered and rejected as
unfeasible. Recognized situations of impracticability are limited to the following, unless
approved by the Regional Board:

1. Extreme limitations of space for treatment on a redevelopment project;

2. Unfavorable or unstable soil conditions at a site to attempt infiltration; or

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

G. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMPs. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (i) assume responsibility for maintenance of any existing structural or treatment control BMP or, (ii) to replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then current standards of the City and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conducts maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection. Residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowner’s association, language regarding the responsibility for maintenance shall be included in the project’s Conditions, Covenants and Restrictions (CC&R’s). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property. If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.

H. Application of CEQA. Provisions of this Section shall be complimentary to, and shall not
replace, any applicable requirements for storm water mitigation required under the
California Environmental Quality Act.

I. Non-Storm Water Discharges. The following non-storm water discharges into the
municipal separate storm water system (MS4) are prohibited unless in compliance with a
NPDES Permit or pursuant to a discharge exemption by the Regional Board, the Regional
Board’s Executive Officer, or the State Water Resources Control Board:

1. Wastewater discharge from mobile auto washing, steam cleaning, mobile carpet
cleaning, and other such mobile commercial and industrial operations;

2. To the maximum extent practicable, discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of untreated runoff from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; 4. Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas provided, however, that non-industrial and noncommercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the noncommercial hand-washing of cars, shall be excluded from the prohibitions of this Chapter; 5. To the maximum extent practicable, discharges from washing impervious surfaces which result in discharge of untreated runoff, unless specifically required by the State’s, the City’s, or Los Angeles County’s health and safety codes, or permitted under a NPDES Permit; 6. Discharges of animal waste from corrals, pens, stables, or other animal keeping areas; 7. Discharges of any pesticide, fungicide, or herbicide that has been or is hereafter banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation; and 8. The disposal of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge. J. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge. K. Designated Discharges, Conditionally Exempted Discharges, or Designated Discharges. Discharges from those activities specifically identified in, or pursuant to the City’s NPDES Permit as Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges shall not violate this Chapter, provided that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources. L. Planning and Land Development Program Requirements for New Development and Redevelopment Projects. 1. Solely for purposes of this subsection (L), the terms set forth below shall have the following meanings:

"Area susceptible to runoff" means any surface directly exposed to precipitation or in the path of runoff caused by precipitation.

"Authorized Enforcement Officer" means the City Manager or his or her designee.

"Best management practices (BMPs)" means practices or physical devices or systems
designed to prevent or reduce pollutant loading from storm water or non-storm water discharges to receiving waters, or designed to reduce the volume of storm water or
non-storm water discharges to receiving waters.

"Construction" means any construction or demolition activity, clearing, grading,
grubbing, excavation, or any other activities that result in soil disturbance.
Construction includes structure teardown and demolition. It does not include routine
maintenance activities required to maintain the integrity of structures by performing
minor repair and restoration work, original line and grade, hydraulic capacity, or
original purpose of a facility; emergency construction activities required to
immediately protect public health and safety (including fire prevention); clearing and
grubbing of vegetation for landscape maintenance and fire prevention which is not
associated with a larger construction project; interior remodeling with no outside
exposure of construction material or construction debris to storm water; mechanical
permit work; or sign permit work.

"Construction General Permit" means the NPDES General Permit for Storm Water
Discharges Associated with Construction and Land Disturbance Activities, Order No.
2009-0009-DWQ (NPDES Permit No. CAS000002), adopted September 2, 2009, and
any successor permit to that permit.

"Development" means any construction, rehabilitation, redevelopment, or
reconstruction of any public or private residential project or mass grading for future
construction. It does not include routine maintenance activities required to maintain
the integrity of structures by performing minor repair and restoration work, original
line and grade, hydraulic capacity, or original purpose of a facility; or emergency
construction activities required to immediately protect public health and safety
(including fire prevention).

"Directly adjacent" means situated within two hundred (200) feet of the contiguous
zone required for the continued maintenance, function, and structural stability of the
environmentally sensitive area.

"Director" means the City Manager or his or her designee.

"Discharge" means when used without qualification the "discharge of a pollutant."

"Discharge of a pollutant" means any addition of any pollutant or combination of
pollutants to waters of the United States from any point source or any addition or
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 which is being
used as a means of transportation. The term discharge includes additions of pollutants
into waters of the United States from: surface runoff which is collected or channeled
by human activity; 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.

"Discharging directly" means outflow from a drainage conveyance system that is
composed entirely or predominantly of flows from the subject project, development,
subdivision, or facility and not commingled with the flows from adjacent lands.

"Discretionary project" is defined in the same manner as CEQA Guidelines Section
15357 (Cal. Code Regs., Title 14, Section 15357) as amended, and means a project
which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where
the City merely has to determine whether a project conforms with applicable statutes,
regulations, or ordinances.

"Disturbed area" means an area that is altered as a result of clearing, grading, and/or
excavation unless solely for the purpose of landscape maintenance or fire prevention.

"Environmentally sensitive area" means an area in which plant or animal life or their
habitats are either rare or especially valuable because of their special nature or role in
an ecosystem and which would be easily disturbed or degraded by human activities
and developments (Pub. Resources Code Section 30107.5). Areas subject to storm
water mitigation requirements are areas designated as significant ecological areas by
Los Angeles County; an area designated as a significant natural area by the California
Department of Fish and Game; provided, that the area has been field verified by that
department; and an area identified by the City as environmentally sensitive.

"Hillside" means property located in an area with known erosive soil conditions,
where the development contemplates grading on any natural slope with a grade of
twenty-five (25) percent or greater and where grading contemplates cut or fill slopes.

"Infiltration" means the downward entry of water into the surface of the soil.

"Inspection" means entry and the conduct of an on-site review of structure and
devices on a property, at reasonable times, to determine compliance with applicable
legal requirements. The steps involved in performing an inspection include, but are
not limited to:

a. Pre-inspection documentation research;

b. Request for entry;

c. Interview of property owner, resident, and/or occupant(s);

d. Property walk-through;

e. Visual observation of the condition of property;

f. Examination and copying of records as required;

g. Sample collection as required;

h. Exit discussion (to discuss preliminary evaluation) as appropriate; and

i. Report preparation, and if appropriate, recommendations for coming into
compliance.

"Low impact development (LID)" means building or landscaping features designed to
retain or filter storm water runoff.

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

"Municipal NPDES Permit" or "MS4 NPDES Permit" both mean the Los Angeles
Regional Water Quality Control Board adopted the Waste Discharge Requirements for Municipal Separate Storm Sewer System 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.

"Municipal separate storm sewer system" or "MS4" both mean a conveyance system (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, channels, or storm drains):

a. Owned or operated by a state, city, or other municipality having jurisdiction
over disposal of sewage, storm water, or other wastes, including special districts
organized under state law such as flood control districts, sewer districts,
drainage districts, and similar entities that discharge to waters of the United
States;

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

c. Which is not a combined sewer; and

d. Which is not part of a publicly owned treatment works ("POTW") as defined by
40 C.F.R. Section 122.2, as amended.

"Natural drainage systems" means all drainages that have not been improved (e.g.,
channelized or armored with shotcrete, concrete, or rip-rap) or drainage systems that
are tributary to a natural drainage system.

"New development" means land disturbing activities; structural development,
including construction or installation of a building or structure; creation of impervious
surfaces; and land subdivision. New development does not include land disturbing
activities solely involving landscaping or fuel modification.

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

"NPDES" or "National Pollutant Discharge Elimination System" means the national
program for issuing, modifying, reissuing, revoking, terminating, monitoring, and
enforcing permits and imposing and enforcing pre-treatment requirements under the
Clean Water Act, Sections 307, 402, 318, and 405.

"Pollutant" means those "pollutants" defined in Section 502(6) of the 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:

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

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

c. Hydrocarbons such as fuels, lubricants, surfactants, waste oils, solvents,
coolants, and grease;

d. 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;

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

f. Substances that have characteristics such as pH less than six (6) or greater than
nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform,
or fecal streptococcus, or enterococcus.

"Project" means all development, redevelopment, and land disturbing activities
excluding landscaping projects.

"Rain event" means a rainfall event that produces more than 0.1 inch of precipitation
in twenty-four (24) hours unless specifically stated otherwise.

"Redevelopment" means land disturbing activities that result in the creation, addition,
or replacement of ten thousand (10,000) square feet or more of impervious surface for
existing single-family residential structures and accessory structures or the creation,
addition, or replacement of five thousand (5,000) square feet or more of impervious
surface area on a parcel containing an existing nonresidential structure.
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 within the regular course of routine maintenance, and land disturbing activities
related to structural or impervious surfaces which meet the area standards above.
Redevelopment does not include routine maintenance to maintain original line and
grade, hydraulic capacity, or the original purpose of a structure; land disturbing
activities solely involving landscaping or fuel modification; or emergency
construction activities required for the immediate protection of public health and
safety.

"Regional Board" means the Los Angeles Regional Water Quality Control Board.

"Routine maintenance" includes, but is not limited to, projects conducted to:

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

b. Perform necessary restoration work to preserve the original design grade, integrity, and hydraulic capacity of flood control facilities;

c. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders,
and performing ditch cleanouts;

d. Update existing lines and facilities, including the replacement of existing lines
with new materials or pipes, to comply with applicable codes, standards, and
regulations regardless if such projects result in increased capacity;

e. Repair leaks;

f. Conduct landscaping activities without changing existing or natural grades; and

g. Conduct discing, grubbing, and other weed abatement activities for fire
prevention.

Routine maintenance does not include construction of new lines or facilities resulting
from compliance with applicable code, 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.

"Runoff" means any runoff including storm water and dry weather flow from a
drainage area that reaches a receiving water body or subsurface. During dry weather
it is typically comprised of base flow either contaminated with pollutants or
uncontaminated, and nuisance flows.

"Simple LID BMP" means a BMP constructed above ground on a single-family
residential home that can be readily inspected by a homeowner or inspector. Simple
LID BMPS do not require an operation and maintenance plan under the MS4 NPDES
Permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain
barrels and above ground cisterns, rain gardens, and pervious pavement.

"Site" means the land or water area where any structure or activity is physically
located or conducted, including adjacent land used in connection with the structure or
activity.

"Source control BMP" means any schedule of activities, prohibition of practices,
maintenance procedures, managerial practices or operational practices that aim to
prevent storm water pollution by reducing the potential for contamination at the
source of pollution.

"Storm water" means storm water runoff and surface runoff and drainage related to
precipitation events (pursuant to 40 C.F.R. Section 122.26(b)(13)).

"Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and dry weather runoff pollution. Structural BMPs may include both treatment control BMPs and source control BMPs.

"Treatment" means the application of engineered systems that use physical, chemical,
or biological processes to remove pollutants. Such processes include, but are not
limited to, filtration, gravity settling, media adsorption, biodegradation, biological
uptake, chemical oxidation, and UV radiation.

"Treatment control BMP" means any engineered system designed to remove
pollutants by simple gravity settling of particulate pollutants, filtration, biological
uptake, media adsorption, or any other physical, biological, or chemical process.

2. The following new development and redevelopment projects are required to comply
with the planning and land development program requirements of the Municipal
NPDES Permit:

a. Development projects, including the construction of new single-family
residential homes, equal to one (1) acre or greater of disturbed area and adding
more than ten thousand (10,000) square feet of impervious area;

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

c. Single-family residential hillside residential development projects or
redevelopment projects;

d. Redevelopment projects in subject categories that meet applicable
redevelopment thresholds (pursuant to the Municipal NPDES Permit), which
include:

i. Land-disturbing activities which create, add, or replace ten thousand
(10,000) square feet or more of impervious surface area on lots developed
with single-family dwellings and/or necessary structures; and

ii. Land-disturbing activities which create, add, or replace five thousand
(5,000) square feet or more of impervious surface area on an already
developed site excluding lots developed with single-family dwellings and
accessory structures.

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

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

e. Roadway construction with ten thousand (10,000) square feet or more of
impervious surface area shall follow either the USEPA guidance regarding
Managing Wet Weather with Green Infrastructure: Green Streets (December
2008 EPA-833-F-08-009) or the City of Los Angeles Green Streets and Green
Alleys Design Guidelines Standards to the maximum extent practicable.

f. Any new development or redevelopment project located in or directly adjacent
to or discharging directly into an environmentally sensitive area, where the
development will:

i. Discharge storm water that is likely to impact a sensitive biological species
or habitat; and

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

3. Incorporation of Planning and Land Development Program Requirements into Project
Plans.

a. New development and redevelopment projects are required to control pollutants
and runoff volume from the project site by minimizing the impervious surface
area and controlling runoff through infiltration, bioretention, and/or rainfall
harvest and use, in accordance with the standards set forth in the Municipal
NPDES Permit.

b. An applicant for a new development or redevelopment project as defined by
subsection (L)(1) of this section shall incorporate into the applicant’s project
plans a post-construction storm water mitigation plan which includes those best
management practices necessary to control storm water pollution from the completed project. Structural or treatment control BMPs (including, as
applicable, post-construction treatment control BMPs) set forth in project plans
shall meet the design standards set forth in the current Municipal NPDES
Permit.

c. To the extent that the City may lawfully impose conditions, mitigation
measures, or other requirements on the development or construction of a single-
family home in a hillside area, a single-family hillside home new development
or redevelopment project shall implement 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;

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

d. New Development/Redevelopment Project Performance Criteria. Post-
construction control BMPs to mitigate storm water pollution are required for all
new development and redevelopment projects as defined by subsection (L)(1)
of this section unless alternative measures are allowed as provided in the
Municipal NPDES Permit. BMPs must be implemented to retain onsite the
storm water quality design volume (SWQDv), defined as runoff from either:

i. 0.75 inch, twenty-four (24) hour rain event; or

ii. The eighty-fifth percentile, twenty-four (24) hour event, as determined
from the Los Angeles County eighty-fifth percentile precipitation isohyetal
map, whichever is greater.

BMPs shall meet the design specifications and on-site retention potential
outlined in the Municipal NPDES Permit.

For projects unable to retain one hundred (100) percent of the SWQDv
onsite due to technical infeasibility as defined in the Municipal NPDES
Permit, projects must implement alternative compliance measures in
accordance with the Municipal NPDES Permit.

Single-family hillside home development projects are exempt from the
new development/redevelopment project performance criteria of the
Municipal NPDES Permit unless they create, add, or replace ten thousand
(10,000) square feet of impervious surface.

e. Hydromodification Control Criteria.

i. All non-exempt new development and redevelopment projects located within natural drainage systems as defined in subsection (L)(1) of this section must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. Project exempt from hydromodification controls are listed in the Municipal NPDES Permit.

ii. The following new development and redevelopment projects must include
one (1), or a combination of, hydromodification control BMPs, low impact
development (LID) strategies, or stream and riparian buffer restoration
measures:

1. Projects on single-family lots that create, add, or replace ten thousand
(10,000) square feet or more of impervious surface area are required
to implement LID BMPs. Single-family homes implementing such
BMPs will satisfy the hydromodification control requirements of the
Municipal NPDES Permit.

2. Projects on non-single-family lots disturbing an area greater than one
(1) acre but less than fifty (50) acres within natural drainage systems
must demonstrate one (1) of the following:

A. The project has been designed to retain onsite, through
infiltration, evapotranspiration, and/or harvest and use, the
storm water volume from the runoff of the ninety-fifth
percentile, twenty-four (24) hour storm, or

B. The runoff flow rate, volume, velocity, and duration for the
post-development condition do not exceed the pre-development
condition for the two (2) year, twenty-four (24) hour rainfall
event, or

C. The erosion potential (Ep) in the receiving water channel will
approximate one (1), as determined by a hydromodification
analysis study and the equation presented in Attachment J of the
Municipal NPDES Permit, or other approved equations.

4. Issuance of Final Approval. As a condition for issuing final approval for new
development or redevelopment projects identified in subsection (L)(1) of this section,
the authorized enforcement officer shall require property owners or their
representative(s) to build all the storm water pollution control best management
practices and structural or treatment control BMPs that are shown on the approved
project plans and to submit a signed certification statement stating that the site and all
structural or treatment control BMPs will be maintained in compliance with the
Municipal NPDES Permit other applicable regulatory requirements including the
following words:

SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE
UNDERSTAND AND ACKNOWLEDGE THAT WE ARE RESPONSIBLE FOR
THE COST OF CORRECTING ANY DEFICIENCY IN THE PERFORMANCE
OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE
ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT
THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS
STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR
COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS
CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OR EVASION AND

OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS
SIGNIFICANCE.

With the exception of simple LID BMPs (as defined in subsection (L)(1) of this
section) on lots developed with single-family residences, project owners shall provide
an operation and maintenance plan, monitoring plan where required, and verification
of ongoing maintenance provisions for LID practices, treatment control BMPs, and
hydromodification control BMPs including but not limited to: final map conditions,
legal agreements, covenants, conditions or restrictions, CEQA mitigation
requirements, conditional use permits, and/or other legally binding maintenance
agreements. These maintenance records must be kept on site for treatment BMPs
implemented on single-family residences.

5. Transfer of Properties Subject to Requirement for Maintenance of Structural and
Treatment Control BMPs.

a. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP; or (b) replace an existing structural or treatment control BMP with new control measures or BMPs meeting the then-current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection.

b. If structural or treatment control BMPs are located within an area proposed for
dedication to a public agency, they will be the responsibility of the developer
until the dedication is accepted.
(Ord. 2014-01 § 2)

Any person or entity that violates any provision of this Chapter of the City of La Habra Heights Municipal Code is guilty of a misdemeanor punishable pursuant to the procedures set forth in Article 8.