Chapter 53 — STORMWATER AND URBAN RUNOFF POLLUTION PREVENTION

§ 53.00 TITLE. The ordinance codified in this chapter shall be known as the “Stormwater and Urban Runoff Pollution Prevention Ordinance” of the City of San Gabriel and may be referred to as such.

(Ord. 530-C.S., passed 8-20-02) § 53.01 STATUTORY AUTHORITY.

The provisions of this chapter are adopted pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq. (Ord. 530-C.S., passed 8-20-02)

(A) Purpose. The purpose of this chapter is to protect and improve water quality of receiving waters by: (1) Reducing illicit discharges to the municipal stormwater system to the maximum extent practicable. (2) Eliminating illicit connections to the municipal stormwater system. (3) Eliminating spillage, dumping, and disposal of pollutant materials into the municipal stormwater system. (4) Reducing pollutant loads in stormwater and urban runoff, from land uses and activities identified in the municipal NPDES permit. (B) Intent. The intent of this chapter is to enhance and protect the water quality of the receiving waters of the United States in a manner that is consistent with the Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing regulations; the municipal NPDES permit and any amendment, revision, or reissuance thereof. (Ord. 530-C.S., passed 8-20-02) § 53.03 DEFINITIONS. For the purpose of the provisions of this chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings set forth, unless it is apparent from the context that a different meaning is intended. BEST MANAGEMENT PRACTICE or BMP. Any program, technology, process, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollutants in stormwater and non-stormwater runoff. COMMERCIAL FACILITY. Restaurants; automotive service facilities; automotive dealerships, and retail gasoline station outlets or any other definition provided in the municipal NPDES permit or Stormwater Quality Management Plan. CLEAN WATER ACT. The Federal Water Pollution Control Act as amended, 33 U.S.C. §§ 1251 et seq. EXECUTIVE OFFICER. Executive Officer of the California Regional Water Quality Control Board, Los Angeles. ILLICIT CONNECTION. Any device through or by which an illicit discharge is conveyed into the municipal stormwater system without a permit, including but not limited to floor drains, pipes or any fabricated or natural conduits, excluding roof drains which convey only stormwater. ILLICIT DISCHARGE. The entry of any material other than stormwater unless such discharge is exempted under the municipal NPDES permit, is allowed under a separate NPDES permit, including but not limited to a point source permit, a General Industrial Activity Stormwater permit, or a General Construction Activity Stormwater permit, or is allowed by the Executive Officer. INDUSTRIAL ACTIVITY. Any of the ten classifications of industrial facilities specified in 40 Code of Federal Regulations § 122.26(b)(14), defined by Standard Industrial Classification (SIC) and which is required to obtain a NPDES permit, not including construction activities. MAXIMUM EXTENT PRACTICABLE. Within the context of BMP selection, choosing effective BMPs, and rejecting applicable BMPs only: (1) Where effective BMPs will serve the same purpose, (2) The BMPs would not be technically feasible, or (3) The cost would be prohibitive. MUNICIPAL NPDES PERMIT. California Regional Water Quality Control Board, Los Angeles Region, Order No. 01-182, NPDES Permit No. CAS004001, Waste Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach, and any amendment thereto or re-issuance thereof. MUNICIPAL SEPARATE STORM SEWER SYSTEM (herein referred to as MS4). Those facilities within the city by which stormwater discharge is conveyed to waters of the United States, including but not limited to flood control channels, roads with drainage systems, alleys, streets, catch basins, grates, inlets, curbs, gutters, ditches, storm drains, canals, pipes, and fabricated and natural channels. NON-STORMWATER DISCHARGE. Any fluid discharge to the storm drain system and/or receiving waters that is not composed entirely of stormwater but may not necessarily be an illicit discharge. NPDES or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. A permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board, pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq., that authorizes discharges to waters of the United States. OWNER. As applied to a building or real property, means any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or real property. PERSON. Within the context of this chapter, any natural person, firm, association, organization, partnership, business trust, corporation, or company. POLLUTANT. The same as it is defined in California Water Code § 13373 and includes but is not limited to garbage, debris, lawn clippings, leaves, fecal waste, biological waste, sediment, sludge, manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid or solid containing toxic or non-toxic chemicals, metals, including batteries. RECEIVING WATERS. Rivers, lakes, oceans, or other bodies of water that receive runoff. REDEVELOPMENT. Land-disturbing activity that result in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. REDEVELOPMENT includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose or facility, nor does include emergency construction

a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose or facility, nor does include emergency construction

a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose or facility, nor does include emergency construction activities required to immediately protect public health and safety.

REGIONAL BOARD. The appointed members of the California Regional Water Quality Control Board, Los Angeles Region.

RUNOFF. The portion of rainfall or irrigation water or other water activities also known as dry-weather flows that flow across the ground surface and eventually to receiving waters. Runoff can pick up pollutants from the air or the land and carry them to receiving waters.

STATE BOARD. The State Water Resources Control Board of the California Environmental Protection Agency (hereinafter SWRCB). STORMWATER RUNOFF. Any surface water flow produced by rain or snow melt.

STORMWATER QUALITY MANAGEMENT PROGRAM. The Los Angeles Countywide Stormwater Quality Management Program, which includes descriptions of programs, collectively developed by the permittees in accordance with provisions of the NPDES permit, to comply with applicable federal and state law, as the same is amended from time to time.

(Ord. 530-C.S., passed 8-20-02)

(A) No person shall cause or allow an illicit discharge to enter the municipal stormwater system.

(B) No person shall place, dump, litter, accumulate, maintain, discharge, or cause to enter into the MS4 any pollutant or any foreign object such as batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals, animal waste or oil cans - which are also considered illicit discharges.

(C) Any person causing an illicit discharge to the MS4 may be required to pay for the cost of clean-up and remediation.

(D) Any owner of any private property form which a non-stormwater discharge is observed may be required to pay for the cost of collecting and analyzing the discharge to determine if it is an illicit discharge.

(E) The following non-stormwater discharges are not considered illicit discharges:

(1) Discharges determined by the Executive Officer not to be significant sources of pollution, including but not limited to: natural springs and rising ground water; flows form riparian habitats or wetlands; stream diversions, permitted by the State Board; and uncontaminated ground water infiltration [as defined by 40 CFR 35.2005 (20)]; reclaimed and potable landscape irrigation runoff; potable drinking water supply and distribution system releases (consistent with American Water Works Association guidelines for dechlorination and suspended solids reduction practices); drains for foundations, footings, and crawl spaces; air conditioning condensate; dechlorinated/ debrominated swimming pool discharges; dewatering of lakes and decorative fountains; non-commercial car washing by residents or by non-profit organizations and sidewalk rinsing.

(2) Discharges specifically allowed under a separate NPDES permit, including but not limited to, a General Industrial Stormwater Activity permit or General Construction Stormwater Activity permit.

(Ord. 530-C.S., passed 8-20-02)

(A) No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the municipal stormwater system,

(B) Upon discovery of an illicit connection, the person owning or operating such connection shall either remove it or render it incapable of conveying an illicit discharge.

(C) If any person fails to eliminate an illicit connection after being called upon by the city to do so, the City Manager or his/her designee shall impose appropriate measures to remove or disable the illicit connection and may recover such costs from the owner of the illicit connection.

(Ord. 530-C.S., passed 8-20-02)

No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to stormwater runoff. (Ord. 530-C.S., passed 8-20-02)

Subject commercial facilities shall implement BMPs prescribed by the Regional Board or its Executive Officer, through programs or actions made pursuant to the municipal NPDES permit, as more particularly described in the city's Stormwater Quality Management Program, or any revisions made thereto. (Ord. 530-C.S., passed 8-20-02)

(A) It shall be a violation of this chapter for any industry in the city that is subject to waste discharge requirements specified in the SWRCB Water Quality Order No. 97-03DWQ, Permit No. CAS00001, or any revision or a reissuance thereof, to operate without a General Industrial Activities Stormwater NPDES permit.

(B) Industries that require a General Industrial Activities Stormwater NPDES permit shall retain on-site the following documents:

(1) A copy of the Notice of Intent for General Permit to Discharge Stormwater Associated with Industrial Activity;

(2) A waste discharge identification number issued by the SWRCB; and/or

(3) A Stormwater Pollution Prevention Plan and Monitoring Program plan.

(C) Any industry in the city requiring a General Industrial Activities Stormwater NPDES permit shall, upon reasonable request from a duly authorized officer of the city, provide any of the documents described in paragraph (B) of this section.

(Ord. 530-C.S., passed 8-20-02)

Industrial facilities not subject to the General Industrial Activities Stormwater NPDES permit but are subject to pollution control requirements under the municipal NPDES permit, shall implement BMPs prescribed by the Regional Board or its Executive Officer, through programs or actions made pursuant to the municipal NPDES permit. (Ord. 530-C.S., passed 8-20-02)

(A) No person shall be granted a grading permit or shall commence or continue any construction activity that is subject to a General Construction Activity Stormwater NPDES permit without showing proof of having applied for such permit.

(B) Any person engaged in a construction activity requiring an NPDES General Construction Activity Stormwater NPDES permit construction permit shall retain at the construction site the following documents:

(1) A copy of the Notice of Intent to Comply with Terms of the General Permit to Discharge Water Associated with Construction Activity;

(2) A waste discharge identification number issued by the SWRCB;

(3) A Stormwater Pollution Prevention Plan and Monitoring Program Plan for the construction activity requiring the construction permit; and

(4) Records of all inspections, compliance and non-compliance reports, evidence of self-inspection and good housekeeping practices.

(C) Any person engaged in a construction activity in the city requiring an NPDES General Construction Stormwater Activity permit shall, upon reasonable request from a duly authorized officer of the city, provide any of the documents specified in paragraph (B) of this section and shall retain said documents for at least three years after completion of construction.

(Ord. 530-C.S., passed 8-20-02)

Any person engaged in a construction activity that is not subject to the General Construction Stormwater Activity NPDES permit but is subject to the municipal NPDES permit, shall be required to comply with requirements contained therein as specified in the city's Stormwater Quality Management Program, including any revisions made thereto. (Ord. 530-C.S., passed 8-20-02)

(A) Prior to the construction of a new development or redevelopment project, the subject project shall be evaluated for its potential to discharge pollutants to the MS4, based on its intended land use and other considerations. Such evaluation shall be conducted in accordance with development planning requirements established by the Regional Board or its Executive Officer, pursuant to the municipal NPDES permit, as specified in the city's Stormwater Quality Management Program, including any revisions made thereto. (B) Once a development or redevelopment project has been evaluated for its potential to discharge pollutants to the MS4, the city shall require appropriate BMPs to be installed during construction for implementation following project completion. The prescription of such BMPs shall be in keeping with development planning requirements established by the Regional Board or its Executive Officer, pursuant to the municipal NPDES permit, as described more particularly in the city's Stormwater Quality Management Program. (Ord. 530-C.S., passed 8-20-02)

(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 a condition which constitutes a violation of the provisions of this chapter, the officer may, in a manner authorized by law, 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) A violation of any provision of this chapter is declared to be a public nuisance. Any such violation may be summarily abated by the authorized enforcement officer in a manner authorized by law, and/or abated by the City Attorney by means of a civil action.

(C) In any civil, criminal, or administrative hearing or action brought by the city for violation of this chapter, the city shall be entitled to recover from the defendant(s) in such action, its fees, including reasonable attorney fees, costs of suit and any other costs of enforcement including, but not limited to, inspection costs and clean up or abatement costs. (D) The penalties and remedies established by this chapter shall be cumulative.

(Ord. 530-C.S., passed 8-20-02)

Unless otherwise specified, the violation of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor, except that notwithstanding any other provisions of this chapter, and such violation constituting a misdemeanor under this chapter may, at the discretion of the City Prosecutor, be charged and prosecuted as an infraction.

(Ord. 530-C.S., passed 8-20-02)

Any person who violates any provisions of this chapter, any provisions of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include notice to the violator of such potential liability.

(Ord. 530-C.S., passed 8-20-02)

(A) In addition to the penalties stated in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, is declared and deemed a nuisance, and may be summarily abated and/or restored by any authorized enforcement officer, and/or civil actions to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney.

(B) 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. If the invoice is not paid within 60 calendar days, a lien shall be placed upon and against the property.

(C) If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Community Development Director may so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of reconvening the initial process of public nuisance declaration and cessation order by the city. (Ord. 530-C.S., passed 8-20-02)

Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement officer and who is aggrieved by the decision of the authorized enforcement officer may appeal such decision in writing to the Community Development Director within ten calendar days following the effective date of the decision. The Community Development Director shall request a report and recommendation from the authorized enforcement officer and shall set the matter for a hearing no later than 30 days following the filing of the appeal. At said hearing, the Community Development Director may hear additional evidence and may reject, affirm or modify the authorized enforcement officer's decision. Such decision shall be final.

(Ord. 530-C.S., passed 8-20-02)

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 herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge or pollutants into the waters of the United States. This chapter shall not create liability on the part of the city, any officer or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 530-C.S., passed 8-20-02)

(A) Title. This section shall be known as the low impact development ordinance of the City of San Gabriel.

(B) Adoptions by reference.

(1) Except as amended in the divisions below, Chapter 12.84 of the Los Angeles County Code, which is entitled "Low Impact Development Standards," is hereby incorporated in its entirety by reference and expressly incorporated herein. Chapter 12.84 of the Los Angeles County Code is hereby made a part of this section as if, for all intents and purposes, fully set forth in this section. This adoption by reference shall include any subsequent amendments to Chapter 12.84 unless otherwise modified in this section. (2) A certified copy of Chapter 12.84 of the Los Angeles County Code is on file in the office of the City Clerk for public record and inspection.

(3) If there is any inconsistency between any provisions of Chapter 12.84 of the Los Angeles County Code and other provisions of this municipal code, such other provisions of this municipal code shall prevail.

(C) Amendments. Chapter 12.84 of the Los Angeles County Code is hereby amended as follows:

(1) Section 12.84.420 of Chapter 12.84 of the Los Angeles County Code is hereby amended to amend the following definitions:

COMMERCIAL MALLS. Any development on private land comprised of one or more buildings forming a complex of stores which sell 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, mixed-use projects, other retail complexes, and enclosed shopping malls or shopping centers.

COUNTY. The City of San Gabriel.

DEVELOPMENT. Any 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.

PUBLIC WORKS. The City of San Gabriel Department of Public Works.

REDEVELOPMENT. Land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. REDEVELOPMENT includes, but is not limited to: the expansion of a building footprint, addition or replacement of a structure, replacement of impervious surface area that is not part of a routine maintenance activity, and land disturbing activities 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.

t of impervious surface area that is not part of a routine maintenance activity, and land disturbing activities 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.

REGIONAL BOARD. The California Regional Water Quality Control Board, Los Angeles Region.

(2) Section 12.84.430.E.2 of Chapter 12.84 of the Los Angeles County Code is hereby amended to amend to read as follows:

"2. Any development project for which a complete discretionary or nondiscretionary permit application was filed with the City of San Gabriel prior to June 28, 2015."

(3) Section 12.84.440.B of Chapter 12.84 of the Los Angeles County Code is hereby amended to read as follows:

"B. Low impact development plans shall be submitted in accordance with the Low Impact Development Standards Manual issued by the County of Los Angeles Department of Public Works, a copy of which shall be located in the San Gabriel Public Works Department."

(D) Responsibility for administration. This chapter shall be administered by the Director of Public Works of the City of San Gabriel. (Ord. 624-C.S., passed 12-1-15)