Los Angeles County Municipal Code Ch. 21 Stormwater and Runoff Pollution Control

The purpose and intent of this chapter is to regulate the stormwater and non-stormwater discharges to the facilities of the Los Angeles County Flood Control District for the protection of those facilities, the water quality of the waters in and downstream of those facilities, and the quality of the water that is being stored in water-bearing zones underground.

(Ord. 2013-0034 § 2, 2013.)

The following definitions shall apply to this Chapter 21:

A.

"Basin plan" means a water quality control plan for a specific watershed area or areas adopted by a regional board.

B.

"Best management practice ("BMP")" means stormwater and runoff pollution control practices designed to reduce the pollutants contained in discharges to a District storm drain and/or receiving waters.

C.

"Chief Engineer" shall mean the Chief Engineer of the Los Angeles County Flood Control District, or his/her authorized deputy, agent, or representative.

D.

"Clean Water Act" means the Federal Water Pollution Control Act, as amended (33 U.S.C. section 1251, et seq.).

E.

"Code of Federal Regulations" 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.

F.

"Commercial activity" means any public or private activity not defined as an industrial activity in 40 Code of Federal Regulations section 122.26(b)(14)) involving the storage, transportation, distribution, exchange or sale of goods and/or commodities or the provision of professional and/or nonprofessional services. Commercial activity does not mean a dwelling as defined in Title 26 of the Los Angeles County Code.

G.

"County" means the County of Los Angeles.

H.

"Discharge" means any release, spill, leak, pumping, flow, escape, dumping, or disposal of any gas, liquid, semi-solid, or solid substance.

I.

"Discharger" means any person who discharges, allows a discharge or causes a discharge.

J.

"District" means the Los Angeles County Flood Control District.

K.

"District storm drain" means any conduit, natural or artificial drain, channel or watercourse, and/or other facility or any combination thereof, that is owned and/or operated by the District and used for the purpose of collecting, storing, transporting, and/or disposing of runoff.

L.

"Hazardous material" means any material defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code or any substance designated pursuant to 40 Code of Federal Regulations section 302. This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 Code of Federal Regulations section 261.2, which is not excluded from regulation as a hazardous waste under 40 Code of Federal Regulations section 261.4(b), or is a hazardous substance under section 101(14) of the Clean Water Act, if it exhibits any of the characteristics identified in 40 Code of Federal Regulations sections 261.20 through 261.24.

M.

"Hazardous waste" means a hazardous material which is to be discharged, discarded, recycled, and/or reprocessed.

N.

"Illicit connection" means any human-made conveyance that is connected to any District storm drain without a permit issued by the Chief Engineer, excluding roof drains which convey only stormwater.

O.

"Illicit discharge" means any discharge to any District storm drain that is prohibited by this Code or by any other local, State, or federal statutes, ordinances, codes, or regulations.

P.

"Industrial activity" means any public or private activity which is in any of the eleven (11) categories of activities defined in 40 Code of Federal Regulations section 122.26(b)(14) and which requires a NPDES permit.

Q.

"Industrial/commercial facility" means any public or private facility involved and/or used in either 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 nonprofessional services. This category of facility includes, but is not limited to, any facility defined by either the Standard Industrial Classifications ("SIC") or the North American Industry Classification System ("NAICS").

R.

"National Pollutant Discharge Elimination System ("NPDES") permit" means a permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to waters of the United States.

S.

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

T.

"North American Industry Classification System ("NAICS")" means a classification pursuant to the current edition of the United States North American Industry Classification System Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, and as the same may be periodically revised.

U.

"Person" means an individual, or any legal entity including an unincorporated association, firm, partnership, public or private corporation, limited liability company, estate, trust, municipality, political subdivision, or government agency, and the heirs, successors, assigns, agents, officers, owners, majority stockholders, general partners, joint venturers, members, executors, administrators and trustees of any such person or entity.

V.

"Permittee" means a person to whom a permit is issued by the Chief Engineer.

W.

"Pollutant" shall have the same meaning as set forth in section 502(6) of the Clean Water Act and as incorporated into California Water Code section 13373. Pollutants include, but are not limited to, the following:

Commercial and industrial waste (such as fuels, solvents, chemicals, detergents, plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers, pesticides, soot, slag, ash, and sludge);

Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and arsenic) and nonmetals (such as carbon, chlorine, fluorine, phosphorous, and sulfur);

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

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;

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

Substances having acidic or corrosive characteristics such as a pH of less than six or greater than nine; and

Substances having unusual coloration or turbidity, levels of fecal coliform, fecal streptococcus, or enterococcus, which may adversely affect any existing or potential use of receiving waters as defined in a basin plan, or the flora or fauna of the State.

X.

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act, California Water Code section 13000, et seq.

Y.

"Receiving waters" means all surface water bodies within the County that are identified by a regional board in a basin plan.

Z.

"Regional board" means a California Regional Water Quality Control Board.

AA.

"Runoff" means any stormwater or non-stormwater discharge from any surface and/or drainage area that reaches any District storm drain.

BB.

"Standard Industrial Classification ("SIC")" means a classification pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, and as the same may be periodically revised.

CC.

"State board" means the State Water Resources Control Board.

DD.

"Stormwater" means any water which originates from atmospheric moisture (rainfall or snowmelt) and falls onto land, water, and/or other surfaces.

EE.

"Stormwater pollution prevention plan ("SWPPP")" means a plan required by and for which the contents are specified in a NPDES permit.

FF.

"Uncontrolled discharge" means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality, or effects of the discharge.

GG.

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

HH.

"Water quality standard" means an applicable water quality standard adopted pursuant to the Clean Water Act, as amended, or an applicable water quality objective adopted pursuant to the Porter-Cologne Act.

(Ord. 2013-0034 § 2, 2013.)

The Chief Engineer may establish uniform minimum standards, guidelines, and/or criteria for specific discharges, connections, and/or BMPs. The provisions of this section shall not prohibit the Chief Engineer from requiring a discharger or permittee from taking additional measures to achieve the objectives of this chapter or any permit.

(Ord. 2013-0034 § 2, 2013.)

A.

Except as expressly authorized by a written permit issued by the Chief Engineer or a written agreement with the District, no person shall place, discharge or cause to be placed or discharged any material, either solid, liquid, or gaseous, in any District storm drain, that will impair the quality of water flowing therein.

B.

No person shall cause any of the following discharges to enter any District storm drain:

Discharges of stormwater containing pollutant concentrations that exceed or contribute to the exceedance of a water quality standard;

Non-stormwater discharges unless authorized by an NPDES Permit and by a permit issued by the Chief Engineer; and

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

C.

Exception: Discharges associated with emergency fire fighting activities are not prohibited pursuant to this section.

(Ord. 2013-0034 § 2, 2013.)

No person shall install, maintain or use any illicit connection to any District storm drain.

(Ord. 2013-0034 § 2, 2013.)

No person shall discharge or cause to be discharged pollutants, leaves, dirt, or other landscape debris into any District storm drain.

(Ord. 2013-0034 § 2, 2013.)

Any industrial/commercial facility required to have a NPDES permit shall retain on-site and, upon request, make immediately available to the Chief Engineer the following documents as evidence of compliance with permit requirements, as applicable:

A.

A copy of a NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial activity as submitted to the state board or report of waste discharge as submitted to a regional board of jurisdiction;

B.

A waste discharge identification number issued by the state board or copy of the NPDES permit issued by a regional board;

C.

A SWPPP and a monitoring program plan or group monitoring plan;

D.

Stormwater quality data; and

E.

Evidence of facility self-inspection.

(Ord. 2013-0034 § 2, 2013.)

A.

Upon the discovery of an illicit or uncontrolled discharge to any District storm drain, the discharger or permittee shall immediately notify the Chief Engineer of the incident by telephone in addition to any other notifications to public agencies as may be required by law. The notification shall include the location of the discharge, type of materials discharged, estimated concentration and volume of the discharge, and corrective actions taken and/or to be taken to contain or minimize the effects of the discharge.

B.

Within ten (10) calendar days after the first discovery of the illicit or uncontrolled discharge, the discharger or permittee shall submit to the Chief Engineer a detailed written report describing the cause of the discharge, corrective action taken, measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge. Such notification shall not relieve the discharger or permittee from liability or fines incurred as a result of the illicit or uncontrolled discharge.

(Ord. 2013-0034 § 2, 2013.)

A.

When the Chief Engineer, in his or her reasonable discretion, suspects that any discharge into a District storm drain or other facility may be causing or contributing to an exceedance of a water quality standard, the Chief Engineer may require, by written notice to the person responsible for the discharge, that said person undertake at said person's expense, such monitoring and analysis, and furnish such reports to the District as the Chief Engineer deems necessary to determine compliance with this chapter.

B.

If said person fails to comply with such written notice, the Chief Engineer may perform said work. Said person shall be liable to the District for all costs (including labor, material and equipment costs) reasonably incurred by the District in performing such work. The Chief Engineer shall provide written notice of the costs incurred by the District and said person shall pay all such costs within thirty (30) days of the date of the written notice.

(Ord. 2013-0034 § 2, 2013.)

The provisions of this chapter shall control over any inconsistent or conflicting provisions of this code.

(Ord. 2013-0034 § 2, 2013.)

If any portion of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

(Ord. 2013-0034 § 2, 2013.)

The violation of any regulation or provision of this chapter shall constitute a threat to public health and safety and is hereby declared and shall be deemed a public nuisance.

(Ord. 2013-0034 § 2, 2013.)