Maywood Municipal Code Ch. 10 Urban Storm Water Mitigation, Management and Discharge

When used in this chapter, the following words and phrases shall have the following meanings:

"100,000 square foot commercial development" means any commercial development that creates at least 100,000 square feet of impermeable area, including parking areas.

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

"Adverse impact" means a detrimental effect on water quality or beneficial uses caused by a discharge of a pollutant or pollutants.

"Area susceptible to runoff' means any surface exposed to precipitation or in the path of runoff caused by precipitation which leads directly to neighboring properties or to the street.

"Authorized enforcement officer" means the City Manager, including any person designated by the City Manager.

"Automotive service facility" means a facility that is categorized in any one (1) of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539 provided that these facilities have no outside activities or materials that may be exposed to stormwater (Order No. R4-2012-0175).

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

"Beneficial uses" means existing or potential uses of receiving waters as defined in a basin plan.

"Best management practice (BMP)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water (Order No. R4-2012-0175).

"Biofiltration" means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales (Order No. R4-2012-0175).

"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 this section, 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 Order No. R4-2012-0175 as biofiltration (Order No. R4-2012-0175).

"Bioswale" means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes (Order No. R4-2012-0175).

"Board" means the City Council of the City of Maywood.

"City" means the City of Maywood.

"Clean Water Act (CWA)" means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.

"Code of Federal Regulations (CFR)" means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government of the United States.

"Commercial development" means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities; mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes (Order No. R4-2012-0175).

"Commercial malls" means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (Order No. R4-2012-0175).

"Construction activity" means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "routine maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one (1) acre is disturbed or the activities are part of a larger plan (Order No. R4-2012-0175).

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

"County" means the Department of Public Works of the County of Los Angeles.

"Department" means the Department of Public Works of the City of Maywood.

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

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

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

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

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

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

"General Construction Activities 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 (Order No. R4-2012-0175).

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

"Green Roof" means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain (Order No. R4-2012-0175).

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

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

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

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

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

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

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

(3) Other discharges permitted by law.

"Industrial/Commercial Facility" means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition (Order No. R4-2012-0175).

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

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

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

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

(1) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

(2) Designed or used for collecting or conveying stormwater;

(3) Which is not a combined sewer; and

(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Section 122.2 (40 CFR Section 122.26(b)(8)) (Order No. R4-2012-0175).

"National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Section 307, 402, 318, and 405. The term includes an "approved program" (Order No. R4-2012-0175).

"Natural drainage system" means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (Order No. R4-2012-0175).

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

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

"Outfall" means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two (2) municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United Sates and are used to convey waters of the United States. (40 CFR Section 122.26(b)(9)) (Order No. R4-2012-0175).

"Parking lot" means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty-five (25) or more parking spaces (Order No. R4-2012-0175).

"Peak storm runoff rate" means the storm water accumulated and discharged from a property during an average ten (10) minute period in a twenty-five (25) year storm.

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

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

"Rainfall Harvest and Use" means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department (Order No. R4-2012-0175).

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

"Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (Order No. R4-2012-0175).

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

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

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

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

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

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

(3) Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

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

(5) Repair leaks.

Routine maintenance does not include construction of new ** lines or facilities resulting from compliance with applicable codes, standards and regulations.

* Update existing lines includes replacing existing lines with new materials or pipes.

** New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (Order No. R4-2012-0175).

"Runoff" means any storm water or non-storm water discharge from any property and/or drainage area that reaches the storm drain system and/or receiving waters.

"Significant Ecological Areas (SEAs)" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria:

(1) The habitat of rare, endangered, and threatened plant and animal species.

(2) Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.

(3) Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.

(4) Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

(5) Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.

(6) Areas important as game species habitat or as fisheries.

(7) Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

(8) Special areas (Order No. R4-2012-0175).

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

"Standard Industrial Code (SIC)" means a numbering system developed by the U. S. Government, Office of Management and Budget, for the classification of establishments by the type of activity in which they are engaged.

"State Board" means State Water Resources Control Board.

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

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

"Structural BMP" means any permanent facility constructed to control, treat, store, divert, neutralize, dispose of, and/or monitor runoff in order to reduce or measure pollution.

"Storm water runoff" means the flow of rainfall run-off or melted snow.

"Subdivision of ten (10) lots or more" means a division of land occurring on one (1) or more parcels which results in the creation of ten (10) or more contiguous parcels which could be developed.

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

"Urban Storm Water Mitigation Plan (USWMP)" means a plan that evaluates the issues of a site development including run on, runoff, vehicle maintenance, land disturbances, erosion, sediment control, and revegetation and establishes BMP's to control or reduce the discharge of pollutants from the site, both during and after construction.

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

(Ord. 01-474, § 4, eff. 2-15-2001; Ord. No. 13-03, §§ 2, 3, 8-12-2013)

The Office of the City Manager shall administer this chapter.

(§ 4, Ord. 01-474, eff. February 15, 2001)

This chapter shall be constructed to assure consistency with the requirements of the Federal Clean Water Act and any amendments or supplements thereto, applicable implementing regulations, and existing or future NPDES Permits and any amendment, revision or reissuance thereof.

(§ 4, Ord. 01-474, eff. February 15, 2001)

(a) Polluting activities. Any person engaged in activities which will or may result in pollutants entering the City's MS4, (e.g., ownership and use of facilities which may be a source of pollutants such as parking lots, all automobile service related shops, restaurants, stores fronting streets, etc.) shall eliminate pollutants to the maximum extent practicable.

(b) Sidewalk maintenance. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City in front of which there is a paved sidewalk, shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for disposal of the refuse.

(c) Parking lots and similar structures. Persons owning or operating a parking lot, private street or road or similar road structure shall clean these structures as frequently and thoroughly as practicable in a manner that eliminates the discharge of pollutants to the City storm drain system to the maximum extent practicable.

(d) Construction activities—New developments. The City may adopt regulations establishing controls on the volume and rate of storm water runoff from the construction activities and developments, as may be appropriate to minimize the discharge and transport of pollutants. The City Manager or his/her designee may require any developer or construction contractor performing work in the City to provide a storm water pollution prevention plan prior to beginning such work. Construction activity does not include routine maintenance for the maintain of the original line and grade, hydraulic capacity or original purpose of a facility, or emergency construction activities required to protect the public health and safety.

(e) Compliance with best management practices. Where BMPs, guidelines or requirements have been adopted by any Federal, State, regional and/or local regulation for any activity, operation or facility which may cause or contribute to storm water pollution or illicit discharges to the storm water system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with the guidelines or requirements as may be identified by the City Manager.

(§ 4, Ord. 01-474, eff. February 15, 2001)

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

(b) Littering. No person shall throw, deposit, place, leave, maintain or 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 accumulation, 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 become a pollutant, except in containers, recycling bags or other lawfully established waste disposal facilities. It shall be illegal to dump, discard, abandon or otherwise deposit any refuse where the natural flow of storm water might carry the same to any such flood water channel or structure, or in any fountain, pond, lake, stream or any other body of water in a park or elsewhere in the City.

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

(d) Disposal of landscape debris. No person shall intentionally dispose of leaves, dirt or other landscape debris into or upon any street, alley, sidewalk, parkway, storm drain, or other public right-of-way.

(e) Industrial activities. No person shall conduct any industrial activity in the City without obtaining all permits required by State or Federal law, including an NPDES General Industrial Activity Storm Water Permit, when required. Each industrial discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Control Board, Los Angeles Region, shall provide notice of intent, comply with, and undertake all other activities required by any general storm water permit applicable to such discharges. Persons conducting industrial activities within the City 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. Each discharger identified in an individual NPDES Permit relating to storm water discharges shall comply with and undertake activities required by such permit.

(f) Discharge in violation of permit. Any discharge that would result in, or contribute to a violation of NPDES Permit No. CA5614001, available for viewing at the City of Maywood, City Hall, City Clerk's office, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for such discharge shall be the responsibility of the person(s) causing or responsible for the discharge and such person(s) shall indemnify and hold harmless the City in any administrative proceeding, judgement, or enforcement action relating to such discharge.

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

(h) Discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, pet grooming and other such mobile commercial and industrial operation is prohibited.

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

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

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

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

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

(n) Discharge from washing concrete trucks to the MS4 is prohibited.

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

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

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

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

(1) Littering;

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

(3) The discharge to the MS4 of any pesticide, fungicide, or herbicide;

(4) Improper disposal of food wastes;

(5) The disposal of hazardous wastes into trash containers used for municipal trash disposal so as to cause a discharge to the MS4;

(6) In areas exposed to storm water, the removal of and unlawful disposal of all fuels, chemicals, fuel and chemical wastes, garbage, batteries, and other materials which have potential adverse effects on water quality.

(§ 4, Ord. 01-474, eff. February 15, 2001)

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

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

(b) Storage of materials, machinery and equipment.

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

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

(c) Gray water. The discharge of gray water to the street or storm drain is prohibited.

(§ 4, Ord. 01-474, eff. February 15, 2001)

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

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

(c) For the first failure to comply with any provision of this chapter, the City Manager, or his or her designee, shall issue to the person believed to be the violator, a written notice, which includes the following:

(1) A statement specifying the violation committed;

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

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

(d) Each subsequent failure to comply with any provision of this chapter following written notice issued pursuant to subsection (c) of this section, shall constitute an infraction punishable as provided in Section 1-2.04 of the Maywood Municipal Code. Each day during which a person fails to comply with the provisions of this chapter following written notice shall constitute a separate offense.

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

(f) The penalties and remedies established by this section shall become accumulative.

(§ 4, Ord. 01-474, eff. February 15, 2001)

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

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

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

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

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

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

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

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

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

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

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

(9) Redevelopment projects.

a. Land disturbing activity that results in the creation or addition or replacement of five thousand (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 fifty (50%) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.

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

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 ten thousand (10,000) square feet of impervious surface area.

d) Specific 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.

(1) Street and road construction of ten thousand (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.

(2) The remainder of planning priority projects shall prepare a LID plan to comply with the following:

a. Retain stormwater runoff onsite 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 0.75-inch, 24-hour rain event, whichever is greater.

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

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

i. The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite.

ii. Locations where seasonal high groundwater is within five (5) to ten (10) feet of surface grade;

iii. Locations within one hundred (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 onsite volume retention requirement.

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

i. Additional alternative compliance options such as offsite infiltration and groundwater replenishment projects may be available to the project Site. The project site should contact the City of Maywood to determine eligibility.

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

i. 0.2 inches 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.

(Ord. 01-474, § 4, eff. 2-15-2001; Ord. No. 13-03, § 4, 8-12-2013)

Editor's note— Ord. No. 13-03, § 4, adopted August 12, 2013, repealed the former § 6-10.08 and enacted a new § 6-10.08. The former § 6-10.08 pertained to similar subject matter and derived from Ord. 01-474, effective February 15, 2001.

The LID required by this section shall be prepared by a registered civil engineer, licensed architect, landscape architect or any other professional knowledgeable about storm water management issues and shall evaluate and propose BMP's to address each source of pollutants identified by the project evaluation. As a minimum the designer shall address the BMP's listed in the commercial site visit program, for the proposed use of the site, as approved by the Regional Water Quality Control Board—Los Angeles by Resolution 98-08 on April 13, 1998. All LID's shall contain the following elements:

(a) Peak storm water runoff rate. Peak runoff rate shall not exceed predevelopment levels.

(b) Provide storm drain system stenciling and signage. All storm drain inlets from a project shall be clearly labeled to indicate that no dumping is permitted, drains to ocean. Labels shall be maintained at least every three (3) years.

(c) Conserve natural areas. The development of properties shall preserve natural areas or pervious areas to the maximum extent practical. The pervious areas shall be used for treatment of runoff, as a recharge area, or as passive or active open space.

(d) Proper design of trash storage areas. Trash enclosure areas shall not be designed in the path of drainage nor shall roof drainage downspouts discharge to the trash enclosure.

(e) Vehicle/equipment wash area. If the project includes vehicle/equipment wash areas the design shall include roof to prevent rainwater from entering the area along with berms to prevent site drainage from entering the wash area. The wash area shall be connected to the sanitary sewer.

(f) Proof of ongoing maintenance. The plan shall incorporate record keeping standards to document maintenance of structural BMP's to assure ongoing operation of the systems. Records shall be maintained for three (3) years. The records shall be available for inspection upon request by the City Engineer or the designated agent.

(Ord. 01-474, § 4, eff. 2-15-2001; Ord. No. 13-03, § 5, 8-12-2013)

In addition to the items listed in Section 6-10.08 of MMC, the following projects must consider issue unique to the occupancy:

(a) Automotive repair shops.

(1) Properly designed fueling areas. Fueling facilities for a new automotive repair project shall be constructed in compliance with the Service Station Managers Association Guidelines.

(2) Proper design of outside material storage areas. Areas used for storage of vehicles under repair or for storage of spare parts shall be designed to minimize, to the greatest extent practicable, the exposure of stored parts or vehicles to rainfall.

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

(4) Properly designed loading and unloading areas. Loading and unloading of materials and vehicles shall be handled to limit the discharge of pollutants to the storm drain system. Spill prevention and cleanup materials shall be maintained on site and staff shall be trained in its proper use.

(b) Residential subdivisions of ten (10) or more lots.

(1) Mitigate storm water runoff. The project shall use, to the greatest extent practicable, pervious surfaces for drainage structures, walkways, parking areas and recreation facilities. The project shall also evaluate the feasibility of reducing impervious surfaces, to the greatest extent practical, by reducing street widths, reducing sidewalk areas, and limiting impervious site improvements.

(c) 100,000 square foot commercial developments.

(1) Mitigate storm water runoff. The project shall use, to the greatest extent practicable, pervious surfaces for drainage structures, walkways, parking areas and recreation facilities. The project shall also evaluate the feasibility of incorporating infiltration and treatment BMP's into the project design.

(2) Proper design of outside material storage areas. Areas used for storage of raw materials or for storage of finished products or merchandise shall be designed to minimize, to the greatest extent practicable, the exposure of stored materials to rainfall.

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

(4) Properly designed loading and unloading areas. Loading and unloading of materials and equipment shall be handled to limit the discharge of pollutants to the storm drain system. Spill prevention and cleanup materials shall be maintained on site and staff shall be trained in its proper use.

(d) Restaurants (SIC 5812).

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

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

(e) Retail gasoline outlets.

(1) Properly designed fueling areas. Fueling facilities for a new retail gasoline outlets project shall be constructed in compliance with the Service Station Managers Association Guidelines.

(2) Proper design of outside material storage areas. Areas used for storage of products or merchandise shall be designed to minimize, to the greatest extent practicable, the exposure of stored materials to rainfall.

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

(Ord. 01-474, § 4, eff. 2-15-2001; Ord. No. 13-03, § 6, 8-12-2013)

The City shall review the LID to assure that all elements of the plan have been addressed and that the applicant has identified the BMP's necessary to protect the MS4. The Director or his designee shall identify any deficiencies in the plan and return it to the applicant for modification. When the plan is found to comply with the provisions of this section the grading or building permits may be issued for the project. If, during construction, the plan is found to be deficient by the City or any other interested party the applicant shall amend the plan to address the deficiency.

(Ord. 01-474, § 4, eff. 2-15-2001; Ord. No. 13-03, § 7, 8-12-2013)

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

(Ord. 01-474, § 4, eff. 2-15-2001; Ord. No. 13-03, § 8, 8-12-2013)

If after evaluating the issues related to a project the designer determines that all BMP's are impractical for their project a waiver may be granted. The waiver for impracticability shall only be granted when all other structural or treatment BMP's have been considered and rejected as infeasible. The following situations will be recognized as grounds for an impracticability waiver:

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

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

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

The Regional Water Quality Control Board—Los Angeles must approve any justification not identified above, upon application by the City before a waiver for impracticality may be approved by the City. A waiver granted by the City may be revoked by the Regional Board's Executive Officer for cause with proper notice upon petition. Any waivers granted for impracticability shall be filed as required by Section 6-10.12.

(§ 4, Ord. 01-474, eff. February 15, 2001)

Storm Water and Urban Runoff Pollution Educational Program. The City Engineer, along with other City departments, shall conduct an informational program to educate the public about the dangers of runoff pollution and the means of controlling such pollution. The program shall educate residents and business persons that operate within the City about the contents of this chapter. The Public Education Program may be conducted in conjunction with the countywide NPDES educational effort.

(§ 4, Ord. 01-474, eff. February 15, 2001)

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

(§ 4, Ord. 01-474, eff. February 15, 2001)

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

(§ 4, Ord. 01-474, eff. February 15, 2001)

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

(§ 4, Ord. 01-474, eff. February 15, 2001)