Malibu Municipal Code Ch. 13.04 Storm Water Management and Discharge Control

This chapter shall be known as the "City of Malibu Storm Water Management and Discharge Control Ordinance."

(Prior code § 5400; Ord. 157 § 1, 1996; Ord. 391 § 1, 2015)

A. The Federal Clean Water Act (33 U.S.C. 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and urban runoff discharge into municipal storm drain systems.

B. The city of Malibu is authorized by Article XI, Sections 5 and 7 of the State Constitution to exercise the police power of the state by adopting regulations to promote public health, public safety and general prosperity.

C. The city of Malibu has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions and limitations with respect to any activity which might degrade the quality of waters of the state.

D. Storm water and urban runoff flows from individual properties into streets, storm drains, or natural watercourses, which then lead into the Santa Monica Bay.

E. The city of Malibu is a permittee under the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4," issued by the California Regional Water Quality Control Board—Los Angeles Region (Order No. R4-2012-0175), which also serves as a NPDES permit under the Federal Clean Water Act (NPDES No. CAS004001), as well as Waste Discharge Requirements under California law (the "municipal NPDES permit"). In order to participate in a Watershed Management Program and/or Enhanced Watershed Management Program, the municipal NPDES permit requires permittees to develop and implement a low impact development (LID) ordinance.

F. The city of Malibu is committed to a stormwater management program that protects water quality and water supply by employing watershed-based approaches that balance environmental, social, and economic considerations.

G. Urbanization has led to increased impervious surface areas resulting in increased water runoff and less percolation to groundwater aquifers causing the transport of pollutants to downstream receiving waters.

H. The city of Malibu needs to take a new approach to managing rainwater and urban runoff while mitigating the negative impacts of development and urbanization.

I. LID is widely recognized as a sensible approach to managing the quantity and quality of stormwater runoff by setting standards and practices to maintain or restore the natural hydrologic character of a development site, reduce off-site runoff, improve water quality, and provide groundwater recharge.

J. In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential.

K. This chapter also sets forth requirements for the construction and operation of certain commercial development, new development and redevelopment and other projects (as further defined herein). This chapter authorizes the authorized enforcement officer to define and adopt applicable best management practices and other storm water pollution control measures, to grant waivers from LID requirements, as provided herein, to enforce the provisions of this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement and enforce the provisions of this section.

(Prior code § 5401; Ord. 157 § 1, 1996; Ord. 219 § 1, 2001; Ord. 243 §§ 1, 2, 2003; Ord. 391 § 1, 2015)

A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the city and the water quality of the receiving waters of the Santa Monica Bay, including Area of Special Biological Significance No. 24, by:

1. Reducing pollutants in storm water discharges to the maximum extent practicable;

2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the MS4 and receiving waters; and

3. Regulating non-storm water discharges to the MS4, natural drainage courses, and receiving waters.

B. The intent of this chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the city in a manner consistent with the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act and the municipal NPDES permit.

C. This chapter is also intended to provide the city with the legal authority necessary to control discharges to and from those portions of the municipal storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows.

(Prior code § 5402; Ord. 157 § 1, 1996; Ord. 243 § 3, 2003; Ord. 391 § 1, 2015)

Except as specifically provided herein, any term used in this chapter shall be defined as that term is defined in the current municipal NPDES permit, or if it is not specifically defined in either the municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current municipal NPDES permit, then the definition contained in the municipal NPDES permit shall govern. The following words and phrases shall have the following meanings when used in this chapter.

"Area susceptible to runoff"

means any surface directly exposed to precipitation or in the path of storm water runoff or urban runoff which path leads off the parcel on which the surface is located.

"Area of special biological significance (ASBS)"

means areas designated by the State Water Board as ocean areas requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable. All areas of special biological significance are also classified as a subset of State Water Quality Protection Areas.

"Authorized enforcement officer"

means the city manager or designee.

"Automotive service facilities"

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

"Best management practices (BMPs)"

means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMPs may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludgeor waste-handling and disposal, as well as storm water treatment and detention facilities (see structural BMPs), among others.

"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 "bio-filtration" 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 (Modified from: Order No. R4-2012-0175).

"Bioretention"

means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the municipal NPDES permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the municipal NPDES permit as biofiltration (Modified from: 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 (Source: Order No. R4-2012-0175).

"City"

means the city of Malibu.

"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.

"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, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

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

"Construction activity"

means any construction, demolition activity, clearing, grading, or excavation that results in land disturbance. Construction includes structure teardown. Construction does not include emergency construction activities required to immediately protect public health and safety or routine activities required to maintain the integrity of structures by performing minor repair or restoration work, or to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. See "Routine Maintenance" definition for further explanation (Source: 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 or activities (Source: Order No. R4-2012-0175).

"Development"

means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development), industrial project, commercial project, retail project, and other nonresidential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (Source: 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 (Source: Order No. R4-2012-0175).

"Director"

means the director of public works of the city or the director's designee.

"Discharge"

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

"Discharging directly"

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

"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 of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft 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 man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

"Discretionary project"

is defined in the same manner as Section 15357 of the Guidelines for Implementation of the California Environmental Quality Act contained in Title 14 of the California Code of Regulations, 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 there has been conformity with applicable statutes, ordinances, or regulations.

"Disturbed area"

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

"Environmentally sensitive area (ESA)"

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 (California Public Resources Code Section 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the city as environmentally sensitive.

"Flow-through BMPs"

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

"General construction activities storm water permit (GCASP)"

means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions.

"General industrial activities storm water permit (GIASP)"

means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

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

"Good housekeeping practices"

means common practices related to the storage, use, or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills.

"Hazardous material(s)"

means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.

"Hillside"

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

"Illicit connection"

means any human-made conveyance that is connected to the storm drain system without a permit, excluding roof-drains and other connections intended to remove storm water from residential properties. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

"Illicit discharge"

means any discharge that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations and is:

Into the MS4;

From the MS4 into a receiving water;

Through a natural drainage channel into the MS4 or into a receiving water; or

Directly into a receiving water. The term illicit discharge includes any non-storm water discharge, except authorized non-storm water discharges; conditionally except non-storm water discharges; and nonstorm water discharges resulting from natural flows specifically identified in the NPDES permit (Source: Order No. R4-2012-0175).

"Impervious surface"

means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

"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 offices and light industry (Source: Order No. R4-2012-0175).

"Infiltration"

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

"Infiltration BMP"

means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (Source: Order No. R4-2012-0175).

"Inspection"

means entry and the conduct of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to:

Pre-inspection documentation research;

Request for entry;

Interview of facility personnel;

Facility walk-through;

Visual observation of the condition of facility premises;

Examination and copying of records as required;

Sample collection (if necessary or required);

Exit conference (to discuss preliminary evaluation); and

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

"LID"

means low impact development. LID consists of building and landscape features designed to retain or filter stormwater runoff (Source: Order No. R4-2012-0175).

"MS4"

means municipal separate storm sewer system (MS4). The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

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;

Designed or used for collecting or conveying stormwater;

Which is not a combined sewer; and

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)) (Source: Order No. R4-2012-0175).

"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 any fluid or solid containing chemicals.

"Maximum extent practicable (MEP)"

means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods. See also Municipal NPDES permit.

"Multi-phased project"

means any planning priority project implemented over more than one phase. The site of a multi-phased project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the development or redevelopment, including any tracts, lots, or parcels of real property, whether developed or not, associated with, functionally connected to, or under common ownership or control with such development or redevelopment.

"Municipal NPDES permit"

means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS00401, dated November 8, 2012, issued by the California Regional Water Quality Control Board—Los Angeles Region, and any successor permit to that permit.

"Natural drainage course"

means any creek, ravine, gully, channel, swale or depression or any unofficial ditch, or over which surface water periodically flows in its natural course.

"New development"

means land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

"Nonstorm water discharge"

means any discharge: (1) into the MS4; (2) into a natural drainage course; (3) directly to a receiving water; (4) from the MS4 into a receiving water; or (5) into the ASBS, that is not composed entirely of storm water or is authorized by a separate NPDES permit or exemptions (Source: Order No. R4-2012-0175).

"NPDES permit"

means any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES permit pursuant to Water Code Section 13370 (other than the municipal NPDES permit).

"Parking lot"

means land area or a facility for the temporary parking or storage of motor vehicles used personally, for business or for commerce with a lot size of 5,000 square feet or more, or with 25 or more parking spaces (Source: Order No. R4-2012-0175).

"Planning priority projects"

mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project.

"Pollutant"

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

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

Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and nonmetals such as phosphorus and arsenic;

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

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;

Human wastes such as septic effluent or gray water discharge;

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

Substances having characteristics such as pH less than 6 or greater than 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. The term is not limited to "project" as defined under CEQA (Public Resources Code Section 21065) (Source: 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 (Source: Order No. R4-2012-0175).

"Receiving water"

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

"Regional board"

means the California Regional Water Quality Control Board-Los Angeles Region.

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

"Retail gasoline outlet"

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

"Routine maintenance"

includes, but is not limited to, projects conducted to:

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

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

Work on road shoulders, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

Update existing pipelines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

Repair leaks.

"Runoff"

means any runoff including storm water and dry weather flows that leaves the property from which it originates. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.

"Site"

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

"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.

"Special protections"

means State Water Resources Control Board Resolution No. 2012-0012, as may be amended from time to time, also known as the Resolution 2012-0012 Approving Exceptions to the California Ocean Plan for Selected Discharges into Areas of Special Biological Significance, including Special Protections for Beneficial Uses, and Certifying a Program Environmental Impact Report.

"Standard urban storm water mitigation plan" or "SUSMP"

means the current version of the standard urban storm water mitigation plan approved by the regional board, and on file in the office of the city clerk of this city, and the NPDES permit models that have been approved by the executive officer of the regional board for implementation to control storm water pollution from new development and redevelopment or any project that were authorized under a prior version (pre-2012) of the municipal NPDES permit.

"Storm drain system"

means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the city.

"Storm event"

means a rainfall event that produces more than one-tenth inch of precipitation in 24 hours unless specifically stated otherwise.

"Storm water or stormwater"

means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.

"Storm water management plan"

means a plan which shall be required in connection with any new development or redevelopment for the purposes of construction erosion control, runoff detention to control run-off rate to predevelopment levels, and runoff retention or other treatment measures to prevent dry-weather pollution from entering the storm drain system.

"Storm water runoff"

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

"Structural BMP"

means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., canopy, structural enclosure). "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.

"Urban runoff"

means surface water flow produced by nonstorm water resulting from residential, commercial, and industrial activities involving the use of potable and nonpotable water.

(Prior code § 5403; Ord. 157 § 1, 1996; Ord. 219 §§ 2—4, 2001; Ord. 243 §§ 4—6, 2003; Ord. 264 § 1, 2004; Ord. 391 § 1, 2015)

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 the municipal NPDES permit, and any amendment, revision or reissuance thereof.

(Prior code § 5404; Ord. 157 § 1, 1996; Ord. 391 § 1, 2015)

A. Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the MS4, or to commence or continue any illicit discharges. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows.

B. Littering. It is prohibited to deposit any refuse, rubbish, garbage, or any other discarded or abandoned objects or material in or upon any public or private property so that the same might enter the MS4 or reach a receiving water. Refuse, rubbish or garbage intended for regular solid waste pick up and disposal shall be deposited in containers, bags or other appropriate receptacles and placed in designated locations in accordance with Chapter 8.32 of this code. No person shall throw or deposit litter in any body of water within the city that connects with the MS4, including fountains, ponds, lakes, or streams.

C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4, into a natural drainage course, or directly to a receiving water.

D. Non-Storm Water Discharges. Any non-stormwater discharge is prohibited unless in compliance with a separate NPDES permit or pursuant to a conditional discharge exemption by the regional board, the regional board's executive officer, or the State Water Resources Control Board, or Special Protections by the State Water Resources Control Board. Non-storm water discharges include, but are not limited to:

1. The non-stormwater discharge of wash waters when gas stations, auto repair garages, or other type of automotive service facilities are cleaned;

2. The non-stormwater discharge of wash water from mobile auto washing, professional cleaning services, steam cleaning, mobile carpet cleaning, mobile pet grooming, and other such mobile commercial and industrial operations;

3. Non-stormwater discharge from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken;

4. Non-stormwater discharge of runoff from storage areas of materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts), and uncovered receptacles containing hazardous materials;

5. The non-stormwater discharge of swimming pool, spa, decorative fountain, and decorative pond water and filter backwash, including water containing bacteria, detergents, wastes, algaecides or other chemicals. Swimming pool, spa, decorative fountain, and decorative pond water may be used as landscape irrigation only if the following items are met:

a. The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;

b. There are sufficient BMPs in place to prevent soil erosion; and

c. The discharge does not reach into the MS4, natural drainage courses, or a receiving water including the ASBS.

6. Non-stormwater discharge of runoff from irrigation activities, including runoff caused by over-watering, misdirected sprinklers, broken irrigation fixtures, and watering impervious surfaces;

7. Non-stormwater discharge from washing impervious surfaces in commercial and industrial areas, unless specifically required by state's, or the city's, or Los Angeles County's health and safety codes, or permitted under a separate NPDES permit;

8. Non-stormwater discharge from the washing out of concrete trucks or other construction equipment;

9. Non-stormwater discharge of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation;

10. The disposal of hazardous wastes where such disposal causes or threatens to cause a direct or indirect non-stormwater discharge;

11. Non-stormwater discharge of any food or food processing wastes;

12. Non-stormwater discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality;

13. Non-stormwater discharge of wash water from cleaning any paved or unpaved areas; and

14. Non-stormwater discharge of wash water from restaurants and other commercial facilities, including wash water from cleaning floor mats, filters, garbage cans, and outdoor areas.

E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the municipal NPDES permit or the special protections, 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, and such person(s) shall defend, indemnify and hold harmless the city from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge.

F. 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 activities storm water permit when required. Persons conducting industrial activities within the city shall 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.

(Prior code § 5405; Ord. 157 § 1, 1996; Ord. 243 §§ 7—11, 2003; Ord. 391 § 1, 2015)

Discharges from those activities specifically identified in, or authorized under, the municipal NPDES permit or the special protections as being exempted discharges shall not be considered a violation of this chapter.

(Prior code § 5406; Ord. 157 § 1, 1996; Ord. 391 § 1, 2015)

The following categories of non-storm water discharges are conditionally exempt from the non-storm water discharge prohibition in the municipal NPDES permit and shall not be considered a violation of this chapter; provided that they meet all required conditions and BMPs as specified, or as otherwise approved by the Regional Board.

A. Discharges from essential non-emergency fire fighting activities provided appropriate BMPs are implemented pursuant to the municipal NPDES permit;

B. Discharges from drinking water supplier distribution systems, where not otherwise regulated by an individual or general NPDES permit, provided appropriate BMPs are implemented pursuant to the municipal NPDES permit;

C. Discharges from foundation and footing drains;

D. Water from crawl space or basement pumps;

E. Hillside dewatering;

F. Naturally occurring ground water seepage via a MS4; and

G. Non-anthropogenic flows from a naturally occurring stream via a culvert MS4, as long as there are no contributions of anthropogenic runoff.

(Prior code § 5406; Ord. 157 § 1, 1996; Ord. 391 § 1, 2015)

Owners and occupants of property within the city shall implement best management practices to prevent or reduce non-stormwater discharges and the discharge of pollutants to the municipal storm water system, natural drainage courses, the ASBS and receiving waters to the maximum extent practicable. Treatment and structural BMPs shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to:

A. Chemical and Human Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, human, or septic waste to precipitation in an area where a discharge to city streets, the MS4, natural drainage courses, or receiving water may or does occur.

B. Use of Water. Dry cleaning methods shall be used for outdoor areas before using cleaning methods that require water, as runoff is not permitted to leave the property. Sweeping and collection of debris is encouraged for trash disposal and cleaning outdoor areas.

C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to runoff, shall be placed in a manner so that leaks, spills and other maintenance-related pollutants are not discharged to the MS4, natural drainage courses, or receiving waters.

D. Removal and Disposal of Debris from Industrial/Commercial Motor Vehicle Parking Lots. 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 regularly or other equally effective measures shall be utilized to remove debris from such parking lots.

E. Food Wastes. Food wastes generated by nonresidential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4, natural drainage courses, or receiving waters.

F. Best Management Practices. Best management practices shall be used in areas susceptible to runoff for the removal and lawful disposal of pollutants.

(Prior code § 5407; Ord. 157 § 1, 1996; Ord. 243 §§ 12, 13, 2003; Ord. 391 § 1, 2015)

A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. 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 an individual 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 authorized enforcement officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the city.

B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the city and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy:

1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable.

2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site.

3. Between October 1st and April 15th, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site.

4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the MS4.

5. Trash receptacles shall be situated at convenient locations on construction sites and shall be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off-site.

6. Erosion from slopes and channels must be controlled through the effective combination of best management practices.

C. The owner or authorized representative of the owner shall certify in a form acceptable to the director or duly authorized representative that best management practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any building or grading permit.

D. A local storm water pollution prevention plan and wet weather erosion control plan for construction activities shall be required by the director consistent with the municipal NPDES permit. Such plans must be submitted to the city for review and approval prior to the issuance of building or grading permits.

E. A storm water pollution prevention plan shall be required by the director consistent with the municipal NPDES permit and the general construction permit for those projects that have land disturbances of one acre or greater.

(Prior code § 5408; Ord. 157 § 1, 1996; Ord. 243 § 14, 2003; Ord. 391 § 1, 2015)

A. Prior to issuance of a grading permit for any new development (on undeveloped land), or redevelopment projects that add over 5,000 square feet of impervious surfaces the applicant shall obtain approval of a storm water management plan (SWMP) from the director.

B. The SWMP shall incorporate the following elements:

1. A storm water pollution prevention plan for construction activities that is consistent with the municipal NPDES permit and/or the general construction activities storm water permit; and

2. Storm drainage improvement measures to mitigate any off-site/downstream negative impacts due the proposed development. This includes, but is not limited to:

a. Mitigating increased runoff rate due to new impervious surfaces through on-site detention such that peak runoff rate after development does not exceed the peak runoff of the site before development for the 100 year clear flow storm event (note: Q/100 is calculated using the CalTrans Nomograph for converting to any frequency, from the CalTrans "Hydraulic Design and Procedures Manual"). The detention basin/facility is to be designed to provide attenuation and released in stages through orifices for two-year, 10 year and 100 year flow rates, and the required storage volume of the basin/facility is to be based upon one-inch of rainfall over the proposed impermeable surfaces plus one-half-inch of rainfall over the permeable surfaces. All on-site drainage devices, including pipe, channel, and/or street and gutter, shall be sized to cumulatively convey a 100 year clear flow storm event to the detention facility,

b. Demonstrating by submission of hydrology/hydraulic report by a registered engineer that determines entire downstream storm drain conveyance devices (from project site to the ocean outlet) are adequate for 25 year storm event,

c. Constructing necessary off-site storm drain improvements to satisfy subsection (B)(2)(b) of this section, or

d. Other measures accomplishing the goal of mitigating all offsite/downstream impacts; and

3. Storm drain pollution prevention measures including all construction elements and best management practices (BMPs) to address the following goals in connection with both construction and long-term operation of the site:

a. Maximize, to the extent practicable, the percentage of permeable surfaces in order to allow more percolation of runoff into the ground;

b. Maximize, to the extent practicable, retention of dry-weather runoff on-site to allow percolation into the ground, or installation of other treatment measures thereby preventing pollutants from entering the storm drain system.

C. The director's decision to approve the storm water management plan shall be based on how well the proposed plan meets the combined objectives set forth above, as well as the watershed characteristics and land uses, and estimate water quality requirements for each project. Each plan shall be evaluated on its own merits according to the particular characteristics of the project and the site to be developed.

D. The storm water management plan shall be submitted to the director for review and approval prior to issuance of any grading permit. If the plan is disapproved, the reasons for disapproval shall be given in writing to the applicant.

E. Full or partial waivers of compliance with this section may be obtained for development sites where it can be adequately demonstrated that the accomplishment of these storm drain management measures is an economic and/or physical impossibility due to the particular configuration of the site or due to irreconcilable conflicts with other city requirements. Requests for waivers shall be approved, in writing, by the planning department, the public works department and the environmental and building safety department.

F. The applicant is required to comply with the approved storm water management plan.

(Prior code § 5409; Ord. 157 § 1, 1996; Ord. 391 § 1, 2015)

A. Objective. The provisions of this section contain requirements for construction activities and facility operations of new development and redevelopment projects to comply with the current municipal NPDES permit, lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use.

B. Scope. This section contains requirements for stormwater pollution control measures in new development and redevelopment projects and authorizes the city of Malibu to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies. Except as otherwise provided herein, the city of Malibu shall administer, implement and enforce the provisions of this section.

C. Applicability. The following new development and redevelopment projects, termed "planning priority projects," shall comply with the requirements of subsection D below:

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.

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. Beachfront developments of 2,500 square feet of impervious surface area.

10. Projects located in or directly adjacent to, or discharging directly to an environmentally sensitive habitat area (ESHA), where the development will:

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

b. Create 2,500 square feet or more of impervious surface area.

11. All new development projects and redevelopment projects that result in the creation, addition or replacement of two thousand five hundred (2,500) square feet of impervious surface area that discharge directly to or adjacent to an ASBS or is tributary to the ASBS.

12. Single-family hillside homes.

13. Redevelopment Projects.

a. 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.

b. 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 shall be mitigated as provided below.

c. 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, and not the entire development, shall be mitigated as provided below.

d. 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.

e. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace 5,000 square feet of impervious surface area.

D. Stormwater Pollution Control Requirements. The site for every planning priority 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 and use. New development and redevelopment project shall meet the following performance criteria:

1. A new single-family hillside home development shall include mitigation measures to:

a. Conserve natural areas;

b. Protect slopes and channels;

c. Provide storm drain system stenciling and signage;

d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

e. 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. New development and redevelopment projects discharging directly or adjacent to the ASBS shall contain mitigation measures to:

a. Eliminate non-storm water discharges;

b. Eliminate the discharge of trash;

c. Divert storm water discharge to existing storm water discharge outfalls;

d. Comply with the requirements in subsection (D)(4); and

e. Construction of a new storm water outfall to the ASBS is prohibited for these projects.

4. The remainder of planning priority projects shall prepare a water quality mitigation plan (WQMP) to comply with the following performance criteria:

a. Retain stormwater runoff on-site for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from:

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

ii. The volume of runoff produced from a three-quarter-inch, 24 hour rain event, whichever is greater.

b. When, as determined by the director, 100% on-site retention of the SWQDv is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted WQMP. The technical infeasibility may result from conditions that may include, but are not limited to:

i. The infiltration rate of saturated in-situ soils is less than three-tenths-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 bioretention BMPs in retaining the SWQDv on-site;

ii. Locations where seasonal high groundwater is within five to 10 feet of surface grade;

iii. Locations within 100 feet of a groundwater well used for drinking water;

iv. Brownfield development sites or other locations where pollutant mobilization is a documented concern;

v. Locations with potential geotechnical hazards;

vi. 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.

c. If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half times the portion of the remaining SWQDv that is not reliably retained on-site. Biofiltration BMPs must adhere to the design specifications provided in the municipal NPDES permit. Additional alternative compliance options such as off-site infiltration may be available to the project site at the discretion of the director.

d. The remaining SWQDv that cannot be retained or biofiltered on-site shall be treated on-site to reduce pollutant loading. BMPs shall be selected and designed to meet pollutant-specific benchmarks as required per the municipal NPDES permit. Flow-through BMPs may be used to treat the remaining SWQDv and shall be sized based on a rainfall intensity of:

i. Two-tenths-inch per hour; or

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

e. A multi-phased project may comply with the standards and requirements of this section for all of its phases by: (i) designing a system acceptable to the director to satisfy these standards and requirements for the entire site during the first phase, and (ii) implementing these standards and requirements for each phase of development or redevelopment of the site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase.

E. Incorporation of Stormwater Pollution Control Measures into Project Plans. An applicant for planning priority projects identified in subsection C of this section shall incorporate into the applicant's project plans a water quality mitigation plan ("WQMP"), which includes those BMPs necessary to control storm water pollution from construction activities and facility operations, storm-water pollution prevention plan (SWPPP) and the applicable BMPs to meet the performance criteria in the current municipal NPDES permit and/or the general construction activities storm water permit and this chapter. Prior to the issuance of any grading permit, the applicant shall submit the WQMP for review and obtain approval by the director.

F. Covenant to Maintain Drainage Facilities. The applicant shall prepare a covenant to maintain drainage facilities that includes an operation and maintenance plan, monitoring plan, where required, and verification of ongoing maintenance provisions for post construction BMPs. The covenant shall also include a legal description of the property, a site map showing the location of the BMPs, design calculations, maintenance procedures and the applicant's verification of maintenance provisions. All applicants shall provide verification of maintenance provisions for the WQMP, including, but not limited to, legal agreements, and the covenant required above. Verification at a minimum shall include the applicant's signed statement accepting responsibility for maintenance until the responsibility is legally transferred; and either:

1. A signed statement from the public entity assuming responsibility for BMP maintenance;

2. Written conditions in the sales or lease agreement, which require the property owner or tenant to assume responsibility for BMP maintenance and conduct a maintenance inspection at least once a year or to replace the BMPs meeting the then current standards of the city and the WQMP;

3. Written text in project covenants, conditions, and restrictions (CC&Rs) for residential properties assigning BMP maintenance responsibilities to a homeowners association;

4. Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of BMPs.

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

1. 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 WQMP. 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.

2. For 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&Rs). 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.

3. If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they shall be the responsibility of the developer until the dedication is accepted.

H. Issuance of Discretionary Permits. No discretionary permit may be issued for any new development or redevelopment project identified in subsection C of this section until the authorized enforcement officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements.

I. 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.

(Prior code § 5409.5; Ord. 219 § 5, 2001; Ord. 243 §§ 15—17, 2003; Ord. 264 § 2, 2004; Ord. 391 § 1, 2015)

A. Objective. The provisions of this section contain requirements for construction of new, expanded or relocated agriculture development, including vineyards and orchards, and the development of new, expanded or relocated confined animal facilities. For these types of developments, a water quality mitigation plan for agriculture and confined animal facilities (WQMP-Ag) shall be developed in order to minimize or prevent polluted runoff and water quality impacts resulting from the development.

B. Stormwater Pollution Control Requirements. An applicant for the development of new, expanded or relocated agriculture or the development of new, expanded or relocated confined animal facilities shall incorporate into the applicant's project plans a WQMP-Ag, which includes those BMPs necessary to minimize or prevent polluted runoff and water quality impacts resulting from the development. Prior to the issuance of any grading permit, the applicant shall submit the WQMP-Ag for review and obtain approval by the director.

C. The WQMP-Ag shall include the following measures:

1. Minimize erosion and prevent excessive sediment and pollutants from adversely impacting water quality;

2. Minimize the release of pesticides into the environment by implementing integrated pest management strategies;

3. Minimize nutrient loss by developing and implementing comprehensive nutrient management plans;

4. Reduce water loss to evaporation, deep percolation and runoff, remove leachate efficiently, and minimize erosion from applied water by implementing a managed irrigation system;

5. Reduce physical disturbance of soil and vegetation and minimize direct loading of animal waste and sediment;

6. Development shall not result in the placement of compost, fertilizer, or amended soils products in or within 100 feet of streams or other surface waters;

7. Development shall not result in the disposal of animal wastes, wastewater, or any other byproducts of agriculture activities in or within 100 feet of streams or other surface waters;

8. Animal wastes, wastewater or any other byproducts from agriculture activities shall be contained to prevent all precipitation and surface drainage outside of the areas, including that collected from roofed areas, and runoff from tributary areas during 25 year, 24 hour storm event. Drainage shall be diverted away from all areas, unless such drainage is fully retained on-site;

9. Confined animal facility development or relocation shall not produce sedimentation or polluted runoff on any public road, adjoining property, or in any drainage channel;

10. Confined animal facilities shall be designed and constructed to retain all facility wastewater generated, together with all precipitation on, and drainage through, animal waste areas during a 25 year, 24 hour storm event.

D. Incorporation of Stormwater Pollution Control Measures into Project Plans. An applicant for a new, expanded or relocated agriculture development or the development of new, expanded or relocated confined animal facilities identified in subsection A of this section shall incorporate into the applicant's project plans a water quality mitigation plan for agriculture and confined animal facilities (WQMP-Ag), which includes those BMPs necessary to control storm water pollution from construction activities and facility operations, stormwater pollution prevention plan (SWPPP) and the applicable BMPs to meet the performance criteria in this chapter. Prior to the issuance of any grading permit, the applicant shall submit the WQMP-Ag for review and obtain approval by the director.

E. Covenant to Maintain Drainage Facilities. The applicant shall prepare a covenant to maintain drainage facilities that includes an operation and maintenance plan, monitoring plan, where required, and verification of ongoing maintenance provisions for post construction BMPs. The covenant shall also include a legal description of the property, a site map showing the location of the BMPs, design calculations, maintenance procedures and the applicant's verification of maintenance provisions. All applicants shall provide verification of maintenance provisions for the WQMP-Ag, including but not limited to legal agreements, and the covenant required above. Verification at a minimum shall include the applicant's signed statement accepting responsibility for maintenance until the responsibility is legally transferred; and either:

1. A signed statement from the public entity assuming responsibility for BMP maintenance;

2. Written conditions in the sales or lease agreement, which require the property owner or tenant to assume responsibility for BMP maintenance and conduct a maintenance inspection at least once a year or to replace the BMPs meeting the then current standards of the city and the WQMP-Ag;

3. Written text in project covenants, conditions, and restrictions (CC&Rs) for residential properties assigning BMP maintenance responsibilities to a homeowners association;

4. Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of BMPs.

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

1. 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 WQMP. 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.

2. For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowners' association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). 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.

3. 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. 391 § 1, 2015)

A. Violations Deemed a Public Nuisance.

1. Any condition caused or permitted to exist in violation of:

a. Any of the provisions of this chapter;

b. Any failure to comply with any applicable requirement of either a SUSMP, WQMP, WQMP-Ag, or an approved SWMP with respect to a property;

c. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or

d. Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SWMP, WQMP, WQMP-Ag or the SUSMP, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney.

2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs.

3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city manager shall so declare. The failure of any person to take appropriate annual precautions to prevent such violations after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter.

B. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:

1. A temporary and/or permanent injunction;

2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation;

4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to issue a cease and desist order to require remediation of any existing or potential violation of this chapter. When an authorized enforcement officer finds that a violation of this chapter has taken place or is likely to take place, the officer may issue an order to cease and desist such action and direct that those persons not complying shall: (1) comply with the requirement; (2) comply with a time schedule for compliance; and (3) take appropriate remedial or preventive action to prevent the violation from recurring.

E. Violations and Penalties. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10. Each day that a violation continues shall constitute a separate offense.

F. Permit Revocation. To the extent the city makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this code.

G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

H. Authority to Conduct Samplings and Establishing Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. The inspections provided for herein may include but are not limited to:

1. Inspecting efficiency or adequacy of construction or post construction BMPs;

2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges;

3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;

4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary;

5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge.

(Prior code § 5410; Ord. 157 § 1, 1996; Ord. 219 § 6, 2001; Ord. 243 § 18, 2003; Ord. 235 § 11, 2008; Ord. 391 § 1, 2015)

The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation.

(Prior code § 5411; Ord. 157 § 1, 1996; Ord. 391 § 1, 2015)