Maywood Municipal Code Ch. 9 Storm Water and Urban Runoff Pollution

(a) Purpose. 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 County of Los Angeles and surrounding coastal areas 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 Municipal Storm Water System; and

(3) Regulating non-storm water discharges to the Municipal Storm Water System.

(b) Intent. 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) Additional intent. 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 thereby fully and timely comply with the terms of the Municipal NPDES Permit while the CSWMP and the WMAP are being developed by the permittees under the Municipal NPDES Permit, and in contemplation of the subsequent amendment of this chapter or adoption by the City of additional provisions of this chapter to implement the subsequently adopted CSWMP and WMAP, or other programs developed under the Municipal NPDES Permit.

(§ 1, Ord. 96-433, eff. January 22, 1997)

Except as specifically provided herein, any term used in this chapter shall have the same meaning as that term is defined in the Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following words and phrases shall have the following meanings when used in this chapter:

(a) "Area susceptible to runoff" means any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.

(b) "Authorized enforcement officer" means the Chief Administrative Officer of the City of Maywood or his or her designee.

(c) "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. Examples of BMPs may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge-handling or waste-handling and disposal, among others.

(d) "City" means the City of Maywood.

(e) "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.

(f) "Illicit connection" means any man-made conveyance that is connected to the storm drain system without a permit, excluding gutters, roof-drains and other similar connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

(g) "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all non-storm water discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with the Municipal NPDES Permit.

(h) "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.

(i) "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles" (Order No. 96-054), dated July 15, 1996, issued by the California Regional Water Quality Control Board-Los Angeles Region, and any successor permit to that permit.

(j) "Municipal separate storm water system" or "MS4" means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities that are owned, operated, maintained or controlled by the City and used for the purpose of collecting, storing, transporting, or disposing of storm water.

(k) "Non-storm water discharge" means any discharge to a Municipal Storm Water System that is not composed entirely of storm water.

(l) "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 Sections 13370 (other than the Municipal NPDES Permit).

(m) "Pollutant" means any of 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:

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

(2) Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic;

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

(4) 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;

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

(6) 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.

The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility.

The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the best management practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the best management practices available.

(n) "Regional Board" means the California Regional Water Quality Control Board-Los Angeles Region.

(o) "Storm water runoff" means that part of precipitation (rainfall) which travels via flow across a surface to the storm drain system 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.

(p) "Urban runoff" means surface water flow produced by non-storm water resulting from residential, commercial, and industrial activities involving the use of potable and nonpotable water.

(§ 1, Ord. 96-433, eff. January 22, 1997)

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.

(§ 1, Ord. 96-433, eff. January 22, 1997)

(a) Illicit discharges and connections. It is prohibited to commence, establish, use, maintain, or continue any illicit connection to the Municipal Separate Storm Water System or any illicit discharge to the Municipal Separate Storm Water System. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was established prior to, or after, the effective date of the ordinance which adopted this section.

(b) Littering. It is prohibited to throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or drainage structure, business place, or upon any or private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the City. This paragraph shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal.

(c) Disposal of landscape debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the Municipal Separate Storm Water System.

(d) Non-storm water discharges. The following non-storm water discharges into the Municipal Storm Water System are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the Regional Board's Executive Officer, or the State Water Resources Control Board:

(1) The discharge of untreated wash waters to the MS4 when gas stations, auto repair garages, or other type of automotive service facilities are cleaned;

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

(3) 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 undertaken;

(4) Discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials;

(5) Discharges of commercial or municipal swimming pool filter backwash to the MS4;

(6) Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4; provided, however, that non-industrial and non-commercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the non-commercial hand-washing of cars, shall be excluded from the prohibitions of this chapter;

(7) To the maximum extent practicable, discharges to the MS4 from washing impervious surfaces in industrial or commercial areas which results in a discharge of untreated runoff to the MS4, unless specifically required by the State's, the City's, or Los Angeles County's health and safety codes, or permitted under a separate NPDES permit;

(8) Discharges from the washing out of concrete trucks into the MS4;

(9) Discharges to the Municipal Storm Water System of any pesticide, fungicide, or herbicide that has been or is hereafter banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation; and

(10) The disposal of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the Municipal Separate Storm Water System.

(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, 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.

(§ 1, Ord. 96-433, eff. January 22, 1997)

Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II. C of the Municipal NPDES Permit as being exempted discharges, conditionally exempted discharges, or designated discharges shall not violate this chapter, provided that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources.

(§ 1, Ord. 96-433, eff. January 22, 1997)

Owners and occupants of property within the City shall comply with the following requirements:

(a) Septic waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste to precipitation in an area where discharge to City streets or storm drains system may or does occur.

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

(c) Storage of materials, machinery, and equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance-related pollutants are not discharged to the Municipal Separate Storm Water System.

(d) Removal and disposal of debris from industrial or commercial motor vehicle parking lots. Industrial/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 regularly or other equally effective measures shall be utilized to remove debris from such parking lots.

(e) Food wastes. Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the Municipal Separate Storm Water System.

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

(§ 1, Ord. 96-433, eff. January 22, 1997)

Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, granted 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 Chief Administrative Officer, or his or her designee, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City.

(§ 1, Ord. 96-433, eff. January 22, 1997)

(a) Violations deemed a public nuisance.

(1) Any condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, may be summarily abated or restored by any authorized enforcement officer. In addition, 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 for the recovery of nuisance abatement costs.

(3) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Chief Administrative Officer shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after being afforded 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 also constitute a violation of this chapter.

(c) Civil actions. In addition to any other remedies provided in this chapter, 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 or permanent injunction or both a temporary and a 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 chapter.

(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 pursuant to applicable law.

(d) Civil compliance expenses. It is the intent of the City that any costs and expenses to comply with the NPDES permit, a CSWMP, a WMAP, or any amendments thereto or programs adopted pursuant thereto, shall be borne by the applicant and/or user and not by the City of Maywood. In submitting any application or plan, the applicant shall either deposit sufficient funds to cover the City's processing costs or a detailed explanation as to the timing and method of reimbursement.

(e) Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement officer has the authority utilize the following administrative remedies:

(1) Cease and desist orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons to whom the order is directed shall: (a) comply with the requirement, (b) comply with a time schedule for compliance, and (c) take appropriate remedial or preventive action to prevent the violation from recurring.

(2) Notice to clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the Municipal Storm Drain System or a non-storm water discharge to the Storm Drain System, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the remedial activities as described in the notice.

(f) Penalties. Violation of this chapter is a misdemeanor punishable in accordance with the provisions of Section 1-2.01 of the Maywood Municipal Code. Each day that a violation continues shall constitute a separate offense.

(g) Permit revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code.

(h) Remedies. Remedies under 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.

(§ 1, Ord. 96-433, eff. January 22, 1997)

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.

(§ 1, Ord. 96-433, eff. January 22, 1997)