San Fernando Municipal Code § 34-104 Requirements for planning priority projects

Footnotes:

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Editor's note— Ord. No. 1642, § 1, adopted June 15, 2015, amended and restated former Art. III, §§ 34-96—34-106, in its entirety to read as herein set out. Former Art. III pertained to similar subject matter and derived from the of Code of 1957, §§ 22A.70—22A.80, Ord. No. 1517, §§ 1—6, 9-5-2000; Ord. No. 1519, §§ 1—7, 2-5-2001; Ord. No. U-1534, §§ 1—5, 8-19-2002; Ord. No. 1535, §§ 1—5, 9-2-2002.

This article shall be known as the City of San Fernando Stormwater and Urban Runoff Pollution Control Low Impact Development (LID) Requirements pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit Requirements for the Municipal Separate Storm Sewer System (MS4) Ordinance.

(Ord. No. 1642, § 1, 6-15-2015)

(a) The purpose of this article 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 and surrounding coastal areas by:

(1) Reducing pollutants in stormwater discharges to the maximum extent possible;

(2) Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of stormwater and urban runoff into the city stormwater system; and

(3) Regulating nonstormwater discharges to the city stormwater system.

(b) The intent of this article 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 city National Pollutant Discharge Elimination System (NPDES) permit.

(c) This article is also intended to provide the city with the legal authority necessary to control discharges to and from those portions of the city stormwater system over which it has jurisdiction, as required by the city NPDES permit, and thereby fully and timely comply with the terms of the city NPDES permit while the Countywide Storm Water Management Plan CSWMP and the Upper Los Angeles River Enhanced Watershed Management Plan or 'ULAR EWMP" is being developed by the permittees under the city NPDES permit, and in contemplation of the subsequent amendment of this article or adoption by the city of additional provisions of this article to implement the subsequently adopted CSWMP and ULAR EWMP or other programs developed under the city NPDES permit.

(d) This chapter also sets forth requirements for the construction and operation of certain "Commercial Development", "New Development", "Redevelopment", "Priority Planning Projects" and other projects (as further defined herein) that are intended to ensure compliance with the stormwater mitigation measures prescribed in the current version of the Standard Urban Stormwater Mitigation Plan (SUSMP), ULAR EWMP, or other documents approved by the Regional Water Quality Control Board-Los Angeles Region ("LARWQCB"), and on file in the office of the city clerk of this city. This chapter authorizes the Director (herein identified as the city's Public Works Director) to define and adopt applicable Best Management Practices and other stormwater pollution control measures, to grant waivers from certain requirements, as provided herein, to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this article of this chapter of the City Code.

(Ord. No. 1642, § 1, 6-15-2015)

Except as specifically provided herein, any term used in this article shall be defined as that term is defined in the current city NPDES permit, or in the most recent version of the standard urban storm water mitigation plan ("SUSMP"), ULAR EWMP, or other documents approved by the Los Angeles Regional Water Quality Control Board, State Water Resources Control Board, or if it is not specifically defined in either the city NPDES permit or LARWQCB approved planning documents, 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 section conflicts with the definition of the same term in the current city NPDES permit or LARWQCB approved planning document, then the definition contained in the city NPDES permit shall govern and, if not set forth in the city NPDES permit, the definition contained in the ULAR EWMP 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 runoff caused by precipitation, which path leads off the parcel on which the surface is located.

Automotive service facilities means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5511, 5541, 7532-7534, or 7536-7539 (as amended).

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 that when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include, but are not limited to public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge or waste-handling and disposal.

Biofiltration means a low impact development (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.

Bioretention means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and Infiltration.

City means the City of San Fernando.

Clean Water Act or 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.

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.

Construction means constructing, clearing, grading, or excavation that results in soil disturbance. Construction includes structure teardown. It does not include: routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work.

Control means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.

CSWMP means the countywide stormwater management plan being developed by the permittees under the city NPDES permit.

Development means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development, or mixed-use developments); industrial, commercial, retail 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.

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.

Director means the city's public works director, or his or her designee, and shall be considered the authorized "enforcement officer" of this article of this chapter of the city Code.

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

Discharge of a pollutant means any addition of any "pollutant" or combination of pollutants to "waters of the United States" or "waters of the State" 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 that is being used as a means of transportation. The term "discharge" includes additions of pollutants into waters of the United States from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, city, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.

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

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 that 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.

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 that would be easily disturbed or degraded by human activities and developments (Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as significant ecological areas by the county (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 State department of fish and game's significant natural areas program, provided that area has been field verified by the State 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 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.

Green roof means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface.

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.

Greater-than-nine unit home subdivision means any subdivision being developed for ten or more single-family or multifamily dwelling units.

Hillside means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25 percent or greater and where grading contemplates cut or fill slopes.

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

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

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 nonstormwater discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with the city NPDES permit.

Low Impact Development or LID consists of building and landscape features designed to retain or filter stormwater runoff.

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

City NPDES permit means the "Waste Discharge Requirements for City Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the Incorporated Cities therein, except the City of Long Beach, which became effective on December 28, 2012, issued by the State regional water quality control board, Los Angeles Region, and any successor permit to that permit.

City separate storm sewer 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 stormwater.

National Pollutant Discharge Elimination System or 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.

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

Nonstormwater discharge means any discharge to a city stormwater system that is not composed entirely of stormwater.

Parking lot means land area or a facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces.

Planning priority projects means those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including:

(1) All new development projects equal to one acre or greater of disturbed area and adding more than 10,000 square feet of impervious surface area;

(2) New industrial parks 10,000 square feet or more of surface area;

(3) New commercial malls 10,000 square feet or more surface area;

(4) New single-family Hillside homes;

(5) New streets and roads construction of 10,000 square feet or more of impervious surface area, including standalone streets, roads, highways, freeway projects, and streets within larger projects;

(6) Ten or more unit homes (includes single-family homes, multifamily homes, condominiums, and apartments);

(7) One acre or more square feet of impervious surface area industrial/commercial development (including parking area);

(8) Automotive service facilities (SIC 5013, 5014, 5541, 7532-7534, and 7536-7539);

(9) Retail gasoline outlets;

(10) Restaurants (SIC 5812);

(11) Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces;

(12) Redevelopment projects in subject categories that meet redevelopment thresholds;

(13) Projects located in or directly adjacent to or discharging directly to an ESA that meet the thresholds described herein; and

(14) Those projects that require the implementation of a site-specific plan to mitigate post development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post-development storm water quality, and where the following project characteristics exist:

a. Vehicle or equipment fueling areas;

b. Vehicle or equipment maintenance areas, including washing and repair;

c. Commercial or industrial waste handling or storage;

d. Outdoor handling or storage of hazardous materials;

e. Outdoor manufacturing areas;

f. Outdoor food handling or processing;

g. Outdoor animal care, confinement, or slaughter; or

h. Outdoor horticulture activities.

Pollutant means those pollutants defined in section 502(6) of the federal Clean Water Act (33 USC 1362(6)), or incorporated into Water Code § 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 nonmetals 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 six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform or fecal streptococcus or enterococcus.

The term "pollutant" does not include uncontaminated stormwater, 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 possible. 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 possible through compliance with the best management practices available.

Project means all development, redevelopment, and land disturbing activities.

Redevelopment means land disturbing activity that results in the creation, addition or replacement of at least 5,000 square feet of impervious surface area on an already developed site. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition:

(1) The expansion of a building footprint;

(2) Addition or replacement of a structure;

(3) Replacement of impervious surface that that is not part of a routine maintenance activity; and

(4) Land disturbing activities related to structural or impervious surfaces.

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.

Regional board or LARWQCB means the California Regional Water Quality Control, 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).

Retail gasoline outlet means any facility engaged in selling gasoline and lubricating oils.

Routine maintenance means recurring, preventative, and on-going maintenance necessary to delay and/or prevent the failure of critical and non-critical building systems and equipment including, but not limited to the following:

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

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

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

(4) "Update existing lines" and facilities to comply with applicable codes, standards, and regulations regardless if such Projects result in increased capacity; or

(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.

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

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

Storm event means a rainfall event that produces more than 0.1 inch of precipitation and that is separated from the previous storm event by at least 72 hours of dry weather.

Stormwater means runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).

Stormwater quality design volume or SWQDV means the runoff from either of the following, whichever is greater:

(1) The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or

(2) The volume of runoff produced from a 0.75 inch, 24-hour rain event.

Stormwater runoff means that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semipervious or pervious surfaces.

Structural BMP means any structural facility designed and constructed to mitigate the adverse impacts of stormwater 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 nonstormwater resulting from residential, commercial, and industrial activities involving the use of potable and nonpotable water.

Waters of the state means any surface water or groundwater, including saline waters, within the boundaries of the State of California.

Waters of the United States or waters of the U.S. shall be defined as follows:

(1) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

(2) All interstate waters, including interstate "wetlands";

(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction that would affect or could affect interstate or foreign commerce including any such waters:

a. Which are or could be used by interstate or foreign travelers for recreational or other purposes;

b. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

c. Which are used or could be used for industrial purposes by industries in interstate commerce;

(4) All impoundments of waters otherwise defined as waters of the United States under this definition;

(5) Tributaries of waters identified in paragraphs (a) through (d) of this definition;

(6) The territorial sea; and

(7) "Wetlands" adjacent to waters (other than waters that are themselves wetlands) identified in paragraph (1) through (6) of this definition.

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR section 423.22(m) that also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to man-made bodies of water that neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with USEPA.

Wet season means the calendar period beginning October 1 through April 15.

(Ord. No. 1642, § 1, 6-15-2015)

Cross reference— Definitions generally, § 1-2.

This article shall be construed to ensure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the city NPDES permit and any amendment, revision or reissuance thereof.

(Ord. No. 1642, § 1, 6-15-2015)

(a) Illicit discharges and connections. It is prohibited to commence, establish, use, maintain, or continue any illicit connections to the city separate storm sewer system or any illicit discharges to the city separate storm sewer 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 from which this article derives.

(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, catchbasin conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that such 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 subsection 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 pickup and disposal.

(c) Disposal of landscape debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the city separate storm sewer system.

(d) Nonstormwater discharges.

(1) Except as specified by this chapter, discharging any material other than storm water to the storm drain system is prohibited.

(2) The following non-stormwater discharges are exempt from the prohibition set forth in section 34-100(d)(1):

a. Any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California pursuant to Chapter 5.5, division 7 of the California Water Code under authority of the United States Environmental Protection Agency, provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations.

b. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed:

1. Water line flushing and other discharges from potable water sources subject to a written agreement with the city;

2. Landscape irrigation and lawn watering using potable water;

3. Rising ground waters;

4. Uncontaminated ground water infiltration as defined by the MS4 permit;

5. Water from crawl space pumps;

6. Air conditioning condensation;

7. Natural springs;

8. Non-commercial washing of vehicles by a non-profit organization, which has provided written notice to the city at least five business days prior to the event, or by a resident at his or her residence provided the non-profit organization or resident, as applicable:

i. Obtains a permit or written approval from the director;

ii. Implements BMPs and ensure discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4 or receiving water;

iii. Minimizes the amount of water used by employing water conservation practices such as turning off nozzles and using a low volume pressure washer;

iv. When possible, use biodegradable, phosphate free detergents and non-toxic cleaning products;

v. Where possible, wash cars on a permeable surface where wash water can percolate into the ground (e.g. gravel or grassy areas); and

vi. Empty buckets of soapy or rinse water into the sanitary sewer system (e.g., sinks or toilets).

9. Flows from riparian habitats and wetlands;

10. Dechlorinated/ debrominated swimming pool and dewatering of decorative fountain discharges, provided:

i. The discharger implements BMPs and ensure discharge avoids potential sources of pollutants in the flow path to prevent introduction of pollutants prior to discharge to the MS4 and receiving water;

ii. The discharge is dechlorinated or debrominated using holding time, aeration, and/or sodium thiosulfate. Chlorine residual in the discharge shall not exceed 0.1 mg/L;

iii. The discharge does not contain any detergents, wastes, or algaecides, or any other chemicals including salts from pools commonly referred to as "salt water pools" in excess of applicable water quality objectives;

iv. The discharge has a pH adjusted, if necessary, to be within the range of 6.5 and 8.5 standard units;

v. The discharge is volumetrically and velocity controlled to promote evaporation and/or infiltration; and

vi. For discharges of 100,000 gallons or more, require the authorization of the Director and verification that the discharge pathway to the MS4 inlet is cleared of debris and mobilization of pollutants.

11. Flows from emergency firefighting activities;

12. Street/sidewalk wash water resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallon per square feet of sidewalk area; and

13. Waters not otherwise containing wastes as defined in California Water Code § 13050(d) and the California Health and Safety Code § 25117.

(e) Discharges in violation of city NPDES permit. Any discharge that would result in or contribute to a violation of the city NPDES permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person 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.

(Ord. No. 1642, § 1, 6-15-2015)

Discharges from those activities specifically identified in or pursuant to Part III, Section A of the city NPDES permit as being exempted discharges, conditionally exempted discharges, or designated discharges shall not be considered a violation of this article, provided that any applicable best management practices developed pursuant to the city NPDES permit are implemented to minimize any adverse impacts from such identified sources.

(Ord. No. 1642, § 1, 6-15-2015)

Pursuant to this article, owners and occupants of property within the city shall comply with the following:

(1) Septic waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to city streets or the MS4 may or does occur.

(2) 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.

(3) Storage of materials, machinery, and equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to stormwater shall be placed in a manner so that leaks, spills and other maintenance-related pollutants are not discharged to the MS4.

(4) 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 stormwater shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots.

(5) 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 city separate storm sewer system.

(6) Best management practices. Best management practices shall be used in areas exposed to stormwater 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.

(Ord. No. 1642, § 1, 6-15-2015)

For the purposes of this article, each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater 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 city engineer prior to the issuance of any grading, building or occupancy permits or any other type of permit or license issued by the city.

(Ord. No. 1642, § 1, 6-15-2015)

(a) Planning priority projects 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.

(b) A new single-family hillside home development shall include mitigation measures to:

(1) Conserve natural areas;

(2) Protect slopes and channels;

(3) Provide storm drain system stenciling and signage;

(4) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

(5) Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.

(c) New 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.

(d) Applicants for "priority planning projects," except new single-family hillside home development and new street and road construction of 10,000 square feet or more of impervious surface, shall prepare a LID Plan to comply with the following:

(1) Retain stormwater runoff onsite for the SWQDV.

(2) Minimize hydromodification impacts to Natural Drainage Systems as defined in Order No. R4-2012-0175.

(3) If partial or complete onsite retention is technically infeasible, in accordance with section 9.20.110 below, 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.

(4) The remaining SWQDV 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:

a. 0.2 inches per hour; or

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

(e) In addition to the requirements set forth in subsection 34-104(d), redevelopment projects shall also comply with the following:

(1) Where redevelopment results in an alteration to more than fifty 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.

(2) Where redevelopment results in an alteration of less than fifty 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.

(3) Existing single-family dwelling and accessory structures are exempt from the Redevelopment requirements unless such Projects create, add, or replace 10,000 square feet of impervious surface area.

(Ord. No. 1642, § 1, 6-15-2015)

(a) Prior to issuance of a building permit or a grading permit by the city, LID plans shall be submitted by the property owner or his or her agent to the Director for all "priority planning projects", except as provided in section 34-104.3. below.

(b) LID plans shall be submitted in accordance with the Article X, Green Building Code, a copy of which shall be located in the office of the city clerk.

(c) The director, or his or her designee, shall review and approve LID plans to assure that the applicant has identified the BMPs that are necessary and feasible to protect the MS4. The reviewer shall identify any deficiencies in the plan and return it to the applicant for modification, if necessary. When the plan is found to comply with the provisions of this article, and after compliance with the requirements of section 34-104.2. below, 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 or responsible agency with authorization/oversight, the applicant shall amend the plan to address the deficiency.

(Ord. No. 1642, § 1, 6-15-2015)

Upon acceptance of an LID plan by the city, and prior to the city issuing the grading and/or building permit, the applicant shall file a signed original of the plan with the Los Angeles 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. No. 1642, § 1, 6-15-2015)

(a) The director may waive the requirement of an LID plan if he or she can determine, in writing, the technical infeasibility of the project, as set forth in section 34-104.3(b), below.

(b) To demonstrate technical infeasibility, the project applicant shall demonstrate that the project cannot reliably retain 100 percent of the SWQDV onsite, 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.

(c) Technical infeasibility may result from conditions including the following:

(1) 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.

(2) Locations where seasonal high groundwater is within five to ten feet of surface grade;

(3) Locations within 100 feet of a groundwater well used for drinking water;

(4) Brownfield development sites or other locations where pollutant mobilization is a documented concern;

(5) Locations with potential geotechnical hazards;

(6) 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.

(Ord. No. 1642, § 1, 6-15-2015)

Structural BMPs required by the city, County of Los Angeles, or state or federal agency shall be properly operated and maintained, consistent with the approved SUSMP or as specified by an approved plan or program, or otherwise determined by the director. Records and documentation of such maintenance shall be provided to the director upon reasonable request.

(Ord. No. 1642, § 1, 6-15-2015)

(a) The director may, upon 72-hour written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter. Such inspection may include, but is not limited to:

(1) Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;

(2) Identifying points of discharge of all wastewater, non-stormwater, processed water systems and pollutants;

(3) Investigating the natural slope of the premises, including drainage patterns and man-made conveyance systems;

(4) Establishing location of all points of discharge from the premises, whether by surface runoff or through a storm drain system;

(5) Locating any illicit connection or illicit discharge;

(6) Investigating and inspecting a vehicle, truck, trailer, tank or other mobile equipment;

(7) A review and inspection of all records of the owner or occupant of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the storm drain system;

(8) Inspecting, sampling and testing any area runoff, soils area (including groundwater testing), process discharge, materials with any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contribution of pollutants to the storm drain system;

(9) Inspecting the integrity the MS4, any connection to other pipelines on the property, including the use dye and smoke tests, video surveys, photographs or videotapes, and the taking of measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;

(10) The installation and maintenance of monitoring devices for the purpose of measuring any discharge or potential source of discharge to the storm drain system;

(11) Evaluating compliance with this chapter or the Federal Clean Water Act.

(b) The director may enter upon and inspect any private premises for the purposes of verifying compliance with the terms and conditions of this chapter by any other lawful means including, but not limited to obtaining an inspection warrant issued by a court.

(Ord. No. 1642, § 1, 6-15-2015)

Fees to be charged for LID plan checking, inspection, enforcement, and other activities carried out by the city under this chapter shall be adopted by resolution of the city council.

(Ord. No. 1642, § 1, 6-15-2015)

Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for stormwater mitigation required under CEQA.

(Ord. No. 1642, § 1, 6-15-2015)

(a) Penalties. Violation of this article shall be punishable as provided in section 1-10 of this City Code. Each day that a violation continues shall constitute a separate offense.

(b) Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any section of this article shall constitute a violation of such section.

(c) Violations deemed public nuisance. The following violations shall be deemed a public nuisance:

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

a. Any of the provisions of this chapter; or

b. Any failure to comply with any applicable requirement of an approved SUSMP, LID plan, or stormwater mitigation plan or program with respect to a property; or

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 SUSMP, LID plan, or stormwater mitigation plan or program, 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 in accordance with the procedures set forth in section 106-1081 et seq. of this city code, 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 article constitutes a seasonal and recurrent nuisance, the Director, or his or her designee, shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this subsection shall constitute a public nuisance and a violation of this article.

(d) Civil actions. In addition to any other remedies provided in this section, any violation of this article 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.

(e) Administrative enforcement powers. In addition to the other enforcement powers and remedies established by this City Code, any authorized enforcement officer has the authority to 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 article, 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 not complying 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 city separate storm sewer system or a nonstormwater discharge to the MS4, the officer 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 the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

(f) Permit revocation. To the extent the city makes a section of this article or any identified best management practice 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 City Code.

(g) Remedies. Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for in this section shall be cumulative and not exclusive.

(Ord. No. 1642, § 1, 6-15-2015)

The sections of this article 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.

(Ord. No. 1642, § 1, 6-15-2015)

To the extent any section of this article conflicts with any provision of division 3 of article II of chapter 94, the sections of this article shall control.

(Ord. No. 1642, § 1, 6-15-2015)