13.24 — SEWER SYSTEM

This chapter shall be known as the "Storm Sewer System Ordinance of the City of Vernon" (hereinafter "this chapter"). (Prior code § 21.1.1)

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. Section 1251 et seq. Nothing in this chapter prohibits the Director of Public Works and the Health Officer, or their designees, from regulating sewers or stormwater in a manner that exceeds the requirements of the Clean Water Act, the State Water Resources Control Board and Regional Boards. (Prior code § 21.1.2)

The purpose and intent of the provisions in this chapter are 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. This chapter is intended to protect and control the City's sanitary sewer system; and to reduce stormwater and urban runoff pollutants by improving the quality of stormwater that are discharged into the regional stormwater system within Los Angeles County known as the "MS4," as defined herein. The reduction of stormwater pollutants draining into the MS4 shall be achieved by any or all of the following:

• A. Prohibiting and eliminating illicit discharges into the MS4 to the maximum extent practicable.

• B. Prohibiting and eliminating illicit connections into the MS4.

• C. Eliminating spillage, dumping and disposal of pollutant materials into the MS4.

• D. Reducing pollutant loads in stormwater and urban runoff from land uses and activities identified in the Municipal NPDES permit as defined herein.

• E. Prohibiting all unauthorized non-stormwater discharges into the MS4 or into a receiving water which discharges are not otherwise authorized or conditionally exempt pursuant to the municipal NPDES permit.

• F. Requiring the use of stormwater best management practices to eliminate or prevent the discharge of pollutants to achieve water quality standards or receiving water limitations, or both.

• G. Reducing the water quality impacts of new development and redevelopment by using smart growth practices and integrated low impact development practices and standards for stormwater pollution mitigation.

• H. Requiring that stormwater structural best management practices for new developments and redevelopments are properly operated and maintained.

• I. Requiring documentation on the operation and maintenance of stormwater structural BMPs and their effectiveness in reducing the discharge of pollutants to the MS4.

• (Prior code § 21.1.3)

The City Engineer shall have charge and control of all sewers and storm drains in the City and shall construct, operate, maintain, and repair all such systems subject to the direction of the City Council. The City Engineer and/or the Health Officer shall enforce the provisions of this chapter. (Prior code § 21.3.1)

For the purposes of this chapter, certain words and terms are defined and shall be construed as herein set forth, unless otherwise expressly stated, or unless the context in which the words or terms are used clearly indicates a different intention.

"ARARs" means water quality standards that are considered by the USEPA to be applicable or relevant and appropriate requirements.

"Authorized non-stormwater discharge" means a discharge that is not composed entirely of stormwater and that is either:

1. Separately regulated by an individual or general NPDES permit and allowed to discharge to the MS4 when in compliance with all NPDES permit conditions;

• Authorized by USEPA pursuant to 104(a) or 104(b) of CERCLA that either:

• a. Will comply with water quality standards as ARARs under Section 121(d)(2) of CERCLA; or

• b.

  • Are subject to:

  • i. A written waiver of ARARs by USEPA pursuant to Section 121(d)(4) of CERCLA, or

  • ii. A written determination by USEPA that compliance with ARARs is not practicable considering the exigencies of the situation, pursuant to 40 CFR Section 300.415(j); or

3. Necessary for emergency responses purposes, including flows from emergency fire fighting activities.

"Automotive service facility" means a facility that is categorized in any of the following SIC codes: 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539, or the North American Industry Classification System ("NAICS") codes that are equivalent to said SIC codes.

"Best management practice" or "BMP" means a method, or physical device or system designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges into the MS4, or designed to reduce the volume of stormwater or non-stormwater discharged into the MS4 to the maximum extent practicable.

"Bioretention" means a soil and plant-based BMP that captures and biologically degrades pollutants as water infiltrates through sub-surface layers containing microbes that treat pollutants. Treated runoff is then slowly infiltrated and recharges the groundwater. Bioretention includes, but is not limited to, the reduction of stormwater runoff by intercepting rainfall on a vegetative canopy and allowing the stormwater to escape through evapotranspiration and infiltration.

"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended, 49 U.S.C. Section 9601 et seq.

"Cesspool" means a lined excavation in the ground which receives the discharge of a wastewater drainage system or part thereof, designed and constructed so as to retain the organic matter and solids therein, but permitting the liquids to seep through the bottom and sides.

"City" means the City of Vernon, California.

"City Council" means the City Council of the City of Vernon.

"Clean Water Act" or "CWA" means the Federal Water Pollution Control Act enacted in 1972, 33 U.S.C. Section 1251 et seq., as amended. The Clean Water Act prohibits the discharge of pollutants to the storm sewers and/or waters of the United States unless the discharge is in accordance with an NPDES permit.

"Commercial malls" means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

"Construction activity" means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction activity does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work provided such work maintains the original line and grade, hydraulic capacity, or original purposes of the facility.

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

"Development" means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other nonresidential projects, including public agency projects; or mass grading for future construction. The term "development" does not include: (1) routine maintenance; or (2) 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 an environmentally sensitive area.

"Discharge" means any releasing, spilling, leaking, pumping, escaping, dumping, tracking or disposal of any liquid, semi-solid substance, or solid substance.

"Disturbed area" means an area of land that is altered as a result of clearing, grading, and/or excavation.

"Domestic wastewater" means wastewater from non-industrial activities that result from normal human living processes irrespective of whether these wastes are discharged into the sewer

system, a cesspool, or a septic tank.

"Drinking water supplier distribution systems releases" means discharges of water from drinking water supplier storage, supply and distribution systems, including, but not limited to, flows from the following causes: system failures, pressure releases; system maintenance; distribution line testing; fire hydrant flow testing; flushing and dewatering of pipes, reservoirs, vaults, and minor non-invasive well maintenance; and flushing activities not involving the addition of any chemicals. It does not include wastewater discharges from activities that occur at wellheads, such as well construction, well development, including, but not limited to, aquifer pumping tests and well purging or major well maintenance. Drinking water supplier distribution system releases include, but are not limited to, releases of treated and raw water from raw water pipelines, reservoirs, and storage tanks that are dedicated for drinking water supply purposes.

"Erosion and sediment control plan" or "ESCP" means a plan for projects including, but not limited to, soil disturbance, grading, vegetation clearing, soil compaction, paving, re-paving and linear underground or overhead project; and identifying potential pollutant sources and describing the design, placement and implementation of BMPs to effectively prevent nonstormwater discharges and reduce pollutants in stormwater discharges during construction activities.

"Executive Officer" means the Executive Officer of the California Regional Water Quality Control Board, Los Angeles Region.

"Flow-through treatment BMPs" means modular, vault type high flow biotreatment devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.

"General construction activities stormwater NPDES permit" or "GCASP" means the general NPDES permit adopted by the State Water Resources Control Board which authorizes the discharge of stormwater from construction activities under certain conditions.

"General industrial activities stormwater NPDES permit" or "GIASP" means the general NPDES permit adopted by the State Water Resources Control Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

"Illicit connection" means any man-made conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include, but are not limited to, channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

"Illicit discharge" means any non-exempted, or non-approved discharge into the MS4 that is prohibited under local, State, or Federal statutes, ordinances, codes, or regulations. The term illicit discharge includes any non-stormwater discharge, except authorized non-stormwater discharges; under a general industrial activities stormwater NPDES permit, or a general construction activities stormwater NPDES permit, allowed by the Executive Officer, any conditionally exempt non-stormwater discharges; and nonstormwater discharges resulting from natural flows as specifically identified in the municipal NPDES permit.

"Illicit disposal" means any disposal, either intentionally or unintentionally, of material(s) or waste(s) that can pollute stormwater.

"Industrial activity" means any of the 10 classifications of industrial facilities specified in 40 Code of Federal Regulations Section 122.26(b)(14), specifically Section 122.26(b)(14)(i) through (ix), and (xi), defined by a Standard Industrial Classification (SIC) and which is required to obtain an NPDES permit. Industrial activity does not include construction activities as defined in 40 Code of Federal Regulations Section 122.26(b)(14)(x).

"Industrial park" means land development that is set aside for industrial/commercial facility development. Industrial parks are usually located close to transport facilities especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks which have offices and light industry and associated parking area(s).

"Industrial wastewater" means all wastewater, excluding domestic wastewater. Industrial wastewater may include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of non-human origin. All liquid wastes hauled by truck, rail, or other" means for disposal to the sewer, including domestic wastewater so delivered, shall be considered industrial wastewater regardless of the original source of the wastes.

"Industrial/commercial facility" means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and nonprofessional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS) code equivalent to the SIC code. Facility ownership (Federal, State, municipal, private) and profit motive of the facility are not factors in this definition.

"Infiltration" means the process by which water penetrates into soil from the ground surface. Infiltration is a BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended on-site soils. Examples of Infiltration BMPs include, but are not limited to, infiltration basins, dry wells and pervious pavement.

"Low impact development" or "LID" consists of building and landscape features designed to retain or filter stormwater runoff.

"Maximum extent practicable" or "MEP" means, within the context of BMP selection, choosing effective BMPs and rejecting applicable BMPs only where other effective BMPs will serve the same purpose, the BMPs would not be technically feasible, or the cost would be prohibitive.

"Municipal NPDES permit" means the California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2012-0175, NPDES Permit No. CAS004001, waste discharge requirements for municipal separate storm sewer system (MS4) discharges within the coastal watersheds of Los Angeles County, except those discharges originating from the City of Long Beach MS4, and any amendment, reissuance or revision thereto.

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

1. Owned or operated by the State, City, Town, Borough, County, parish, district, association, or other public body created by or pursuant to State law, including, but not limited to, a special district, sewer district, flood control district, drainage district or similar entity, an Indian Tribe, authorized Indian tribal organization or any designated and approved management agency under Section 208 of the Clean Water Act; that discharges to the waters of the United States; and has jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes;

2. Designed or used for collecting or conveying stormwater;

3. Not a combined sewer; and

4. Not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2.

"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 the Clean Water Act Sections 307, 318, 402, and 405.

"Natural drainage system" means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system.

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

"Non-stormwater discharge" means any discharge to the MS4 or to a receiving water that is not composed entirely of stormwater.

"Outfall" means a point source as defined by 40 CFR Section 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States.

"Owner," as applied to a building or real property, means any owner of record, including, but not limited to, part owner, joint tenant, tenant in common, tenant in partnership or tenant by the entirety of the whole or part of such building or real property.

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

"Person" means an individual, trust, firm, partnership, corporation, or other legal entity.

"Planning priority projects" means development projects subject to the City's conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).

"Point source" means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

"Pollutant," as used in this chapter, has the same meaning as set forth in California Water Code Section 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.

"Potable water" means water that meets the drinking water standards of the U.S. Environmental Protection Agency.

"Privy" means a structure used as a toilet room in which human wastes are deposited directly onto the surface of the ground or into a hole dug into the ground. Privies are also commonly known as outhouses. Privy shall not include a portable toilet used at construction sites or for temporary events as approved by the Health Officer.

"Project" means all development, redevelopment, and land disturbing activities. The term is not limited to "project" as defined under the California Environmental Quality Act, California Public Resources Code Section 21065.

"Public sanitary sewer system" means as used in California Penal Code Section 374.2 as amended including the City's sewers.

"Rainfall harvest and use" means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses.

"Raw water" means water that is taken from the environment by drinking water suppliers with the intent to subsequently treat or purify it to produce potable water. Raw water does not include wastewater discharges from activities that occur at wellheads, such as well construction, major well maintenance, or well development such as aquifer pumping tests and well purging.

"Receiving waters" means waters of the United States into which waste and/or pollutants are or may be discharged.

"Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and 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. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

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

"Restaurant" means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption and is identified as SIC code 5812.

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

"Routine maintenance" means projects, including, but not limited to, projects conducted to:

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

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

3. Road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

4. Update existing lines and facilities to comply with applicable codes, standards, and regulations regardless of whether such projects result in increased capacity. The updating of existing lines includes replacing existing lines with new materials or pipes but does not include construction of new lines or facilities necessary to comply with applicable codes, standards or regulations that are not associated with existing facilities and are not part of a project to update or replace existing lines.

5. Replace impervious surfaces such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity.

• Repair leaks.

"Runoff" means any discharge including stormwater 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.

"Sanitation districts" means County Sanitation Districts Number 1, 2, and 23 of Los Angeles County.

"Septic tank" means a watertight receptacle, which receives the discharge of a wastewater drainage system or part thereof, designed and constructed so as to retain solids, to digest organic matter though a period of detention, and to allow the liquids to discharge into the soil outside of the tank through a system of open joint piping or a seepage pit.

"Sewer" means the lateral and connecting pipes, sumps, tanks, and all other means of handling, gathering, and disposing of wastewater into the City sewer system, and shall exclude the storm drain system.

"Sewer lateral" means the private pipe extending from a property or parcel conveying wastewater to the City's sewer main line.

"Sewer main line" means the principal public pipeline that collects and carries wastewater from multiple properties or parcels to a wastewater treatment plant.

"Sewerage" means any and all stationary facilities used for collecting, conveying, pumping, treating, and disposing of waste and wastewater.

"SIC" means the Standard Industrial Classification code which is a system for classifying industries by a four-digit code.

"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 schedules of activities, prohibitions 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.

"State Board" or "SWRCB" means the State Water Resources Control Board of the California Environmental Protection Agency.

"State Stormwater Pollution Prevention Plan" or "State SWPPP" means a plan, as required by a State General Permit, identifying potential pollutant sources and describing the design, placement and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges during activities covered by a State General Permit.

"Storm drain" means any pipe, curb, gutter, catch basin, street, road, alley, waterway, watercourse, drain, ditch, channel, stream bed, river bed, or tributary, whether a natural drainage system or artificial drainage system, which is designed for or serves the purpose of carrying off stormwaters, but does not include a sewer.

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

"Storm water" or "stormwater" means runoff, snow melt runoff, and surface runoff and drainage related to precipitation events.

"Stormwater Quality Management Plan" or "SQMP" means the Los Angeles Countywide Stormwater Quality Management Program, which includes descriptions of programs, collectively developed by permittees in accordance with provisions of the municipal NPDES permit, to comply with applicable Federal and State law, as the same is amended from time to time.

"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). The category may include both treatment control BMPs and source control BMPs.

"Total maximum daily load" or "TMDL" means the sum of the individual waste load allocations for point sources and load allocations for nonpoint sources and natural background.

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

"USEPA" means the United States Environmental Protection Agency.

"Wastewater" means the liquid carried wastes of the community including all constituents and residues thereof. Wastewater is also called sewage and includes domestic and industrial wastewater, but wastewater does not include rainwater, stormwater, groundwater or drainage of other water.

"Water quality-based effluent limitation" or "WQBEL" means any restriction imposed on quantities, discharge rates, and concentrations of pollutants, which are discharged from point sources to waters of the United States necessary to achieve a water quality standard. (Prior code §§ 21.2.1—21.2.11; Ord. 1305, 2/4/2025)

• A. The monthly sewer maintenance charge to be charged to consumers of water in the Special CMD District is hereby established as follows:

Text read from an image; its layout may differ:
Monthly Rate ($)
5/8-inch meter 2.50 per month
3/4-inch meter 2.50 per month
1-inch meter 3.00 per month
1-1/2-inch meter 3.50 per month
2-inch meter 4.00 per month
3-inch meter and over 4.50 per month

• B. The charges provided for above shall be added to the water bill for each consumer of water in the Special CMD District independently and separately from the charges assessed for water service. Any portion of a month shall be considered a full month.

• (Prior code § 25.49)

It is unlawful to place, throw, dump, drain, or deposit by any means, or cause to be placed, thrown, dumped, drained, or deposited by any means, any solid matter, liquids, chemicals, poisonous or explosive liquids or gases, oils, grease, or any other thing whatsoever which would, or could, cause damage, obstruct, or in any way interfere with or prevent the effective use or operation of the public sewer or create a condition that would require excessive maintenance of the public sewer.

(Prior code § 21.4.1)

It is unlawful for any person to connect any roof conductor, yard drain or any other conduit used for carrying off stormwater with any sanitary sewer of the City, unless said connection is provided with a stormwater diversion system approved by the City Engineer. (Prior code § 21.4.2)

It is unlawful for any person to erect or maintain a privy in the City or to install a cesspool or septic tank in the City. Existing cesspools and septic tanks may be continued by written permit from the City Engineer, but shall be connected to the City sewer when access becomes available. (Prior code § 21.4.3)

Each property or parcel on which domestic or industrial wastewater is generated shall have a connection to the City sewer for the disposal of said wastewater or shall have other means of disposing of the wastewater subject to the approval of the City Engineer. Any new connections to the public sanitary sewer system shall require the approval of the City Engineer and the sanitation districts.

(Prior code § 21.4.4)

The sewer main line is owned and maintained by the City. The sewer lateral between the property and the sewer main line is owned, and shall be maintained, by the owner of the property served by the lateral.

(Ord. 1305, 2/4/2025)

It is unlawful for any person to discharge industrial wastewater into the City sewer unless said person acquires, and maintains in effect, an industrial wastewater discharge permit from the sanitation districts. Said permit shall be obtained prior to discharging any industrial wastewater. The quality and quantity of the wastewater shall be subject to the approval of the City Engineer and the sanitation districts. Certain industrial wastewater discharges may be exempted from the requirement for an industrial wastewater discharge permit at the sole discretion of the sanitation districts. All applications for an industrial wastewater discharge permit shall be submitted to the City for approval prior to submittal to the sanitation districts, and the City and the sanitation districts may impose fees for the issuance of said permit.

(Prior code § 21.4.5)

It is unlawful for any person to discharge any industrial wastewater in a manner such that the peak flow rate exceeds the designed capacity of the City sewer, or the peak flow rate exceeds the peak flow rate approved by the City Engineer in the person's industrial wastewater discharge permit, or the peak flow rate causes adverse hydraulic conditions within the sewer as determined by the City Engineer. Any design, construction, and administrative expenses incurred in an effort to accommodate excessive flow rates in the City sewer system shall be borne by the person who discharged the excessive flow of industrial wastewater. (Prior code § 21.4.6)

• A. No person shall cause or allow an illicit discharge into the MS4.

• B. No person shall place, dump, dispose, litter, accumulate, maintain, discharge, track, or cause to enter into the MS4 any pollutant or any foreign object, including, but not limited to, batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals, animal waste or oil cans. Such actions are considered illicit discharges.

• C. Any person causing an illicit discharge may be required to reimburse the City for all cleanup and remediation costs.

• D. Any owner of private property from which an illicit discharge occurs may be required to reimburse the City for all costs of collection, analysis, cleanup and remediation.

• E. The following non-stormwater discharges are not considered illicit discharges:

  1. Authorized non-stormwater discharges separately regulated by an individual or general NPDES permit.

  2. Temporary non-stormwater discharges authorized by the USEPA pursuant to Section 104(a) or 104(b) of CERCLA that either: (a) will comply with water quality standards as ARARs under Section 121(d)(2) of CERCLA; or (b) are subject to: (i) a written waiver of ARARs by USEPA pursuant to Section 121(d)(4) of CERCLA, or (ii) a written determination by USEPA that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR Section 300.415(j). These typically include short-term, high volume discharges resulting from the development or redevelopment of groundwater extraction wells, or USEPA or Staterequired compliance testing of potable water treatment plants, as part of a USEPA authorized groundwater remediation action under CERCLA.

  3. Natural drainage system flows, including natural springs, flows from riparian habitats and wetlands, diverted stream flows authorized by the State or the Regional Board, uncontaminated ground water infiltration, or rising ground waters where ground water seepage is not otherwise covered by an NPDES permit.

  4. Discharges from drinking water supplier distribution systems, where not otherwise regulated by an individual or general NPDES permit, provided appropriate BMPs, monitoring and reporting requirements are implemented based on the City's MS4

BMP Manual for Non-Stormwater Discharges and any amendment, revision, or reissuance thereof.

5. Discharges listed as follows have been determined not to be a source of pollutants but shall meet all required conditions specified in the City's MS4 BMP Manual for NonStormwater Discharges and any amendment, revision, or reissuance thereof: landscape irrigation runoff, dechlorinated/debrominated swimming pool/spa discharges where not otherwise regulated by a separate NPDES permit, dewatering of lakes and decorative fountains; noncommercial car washing by residents or by nonprofit organizations; and street/sidewalk wash water.

(Prior code § 21.5.1)

• A. No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the MS4.

• B. Upon discovery of an illicit connection, the person owning or operating such connection shall at his or her sole cost either remove it or render it incapable of conveying an illicit discharge.

(Prior code § 21.5.2)

No person shall cause or threaten to cause the discharge of pollutants into the MS4 by exposing such pollutants to stormwater runoff. (Prior code § 21.5.3)

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, and any amendment, revision, or reissuance thereto. (Prior code § 21.5.4)

• A. It is a violation of this chapter for any industry in the City that is subject to waste discharge requirements specified in the State Water Resources Control Board (hereinafter "SWRCB") Water Quality Order No. 97-03-DWQ, Permit No. CAS000001, and any amendment, revision or 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 activities; (2) a waste discharge identification number issued by the SWRCB; and (3) a State Stormwater Pollution Prevention 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 subsection B of this section.

(Prior code § 21.5.5)

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 and any amendment, revision or reissuance thereof.

(Prior code § 21.5.6)

• A. No person shall be granted a grading permit or shall commence or continue any construction activity that is subject to a general construction activities stormwater NPDES permit without showing proof of having applied for such permit.

• B. For projects (including, but not limited to, soil disturbance, grading, vegetation clearing, soil compaction, paving, re-paving and linear underground/overhead projects) of one acre or more or part of a larger project, including projects requiring a general construction stormwater NPDES permit, each project applicant shall submit to the City, for review and written approval, an erosion and sediment control plan (ESCP) prior to the disturbance of land. The construction site operator is prohibited from commencing construction activity prior to receipt of written approval by the City.

• C. Any person engaged in a construction activity requiring a general construction activities stormwater NPDES 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 activities; (2) a waste discharge identification number issued by the SWRCB; (3) a State Stormwater Pollution Prevention Plan for the construction activity requiring the construction permit; (4) a ESCP approved by the City for the construction activity requiring the construction permit; and (5) records of all inspections, compliance and noncompliance reports, evidence of self-inspection and good housekeeping practices.

• D. Any person engaged in a construction activity in the City requiring an NPDES general construction activities stormwater NPDES permit shall, upon reasonable request from a duly authorized officer of the City, provide any of the documents specified in subsection B of this section and shall retain said documents for at least three years after completion of construction.

(Prior code § 21.5.7)

Any person engaged in a construction activity that is not subject to the general construction activities stormwater NPDES permit but is subject to the municipal NPDES permit, shall be required to comply with requirements contained therein and any amendments, revisions, or reissuance thereof.

(Prior code § 21.5.8)

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

• A. The site for every planning priority project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

• B. Planning priority projects subject to City conditioning and approval for the design and implementation of post-construction controls to mitigate potential stormwater pollution, prior to completion of the project(s), are:

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

  2. Industrial parks 10,000 square feet or more of surface area.

  3. Commercial malls 10,000 square feet or more of surface area.

  4. Retail gasoline outlets with 5,000 square feet or more of surface area.

  5. Restaurants, SIC code 5812 with 5,000 square feet or more of surface area.

  6. Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.

  7. Streets and roads construction of 10,000 square feet or more of impervious surface area. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects. Such projects shall be in accordance with the City's green streets policy and manual and any amendment, revision or reissuance thereof.

  8. Automotive service facilities, SIC codes 5013, 5014, 5511, 5541, 7532—7534 and 7536—7539, 5,000 square feet or more of surface area.

  9. Projects located in or directly adjacent to, or discharging directly to an environmentally sensitive area where the development will:

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

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

  10. Redevelopment Projects.

  • a. Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site on planning priority project categories.

• b. Where redevelopment results in an alteration to more than 50% of impervious surfaces of a previously existing development, and the existing development was not subject to postconstruction stormwater quality control requirements, the entire project must be mitigated.

  • c. Where redevelopment results in an alteration of less than 50% of impervious surfaces of a previously existing development, and the existing development was not subject to postconstruction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

  • d. 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.

• C. Design standards for the implementation of post-construction controls to mitigate potential stormwater pollution requirements shall be in accordance with the City's Low Impact Development Guidance Manual and any amendment, revision or reissuance thereof.

• (Prior code § 21.5.9)

Every violation of this chapter is a misdemeanor and a public nuisance. Any person who is cited for any violation of this chapter shall abate said violation forthwith. The City Engineer: (a) may revoke the certificate of occupancy of any person; and (b) to the extent necessary, may terminate water and power service to any occupancy in order to abate a violation of this chapter. (Prior code § 21.6.1)

The Health Officer may order any person who stores any material that may adversely affect stormwater quality to provide adequate secondary containment for such material. If the Health Officer has a reasonable basis to believe that any person's stormwater runoff may adversely affect stormwater quality, the Health Officer may order said person to take representative samples of the stormwater runoff and have these samples tested as directed by the Health Officer. (Prior code § 21.6.2)

Any excessive sewer, sewerage, or storm drain maintenance expenses or reconstruction costs including administrative costs attributable to any illicit discharge or otherwise unlawful activity under this chapter shall be invoiced to the person or persons causing or contributing to such conditions. If the invoice is not paid within 60 days, the City Council may authorize a lien upon and against the real property from which the discharge was made. If the lien is not satisfied within 90 days of imposition, the lien may be enforced in like manner to other real property liens, including sale under execution.

(Prior code § 21.6.3)

• A. When wastewater, any noxious or dangerous material, or any other substance, is discharged illicitly or is overflowing or being discharged, deposited, drained, or placed upon the surface of the ground, or when any unlawful material has been placed, thrown, deposited, or discharged into a sewer or storm drain, the Health Officer may order the person or persons who caused or contributed to such condition and, if applicable, the property owner to abate the same forthwith, and to restore all property affected or damaged. If not so abated within the time allowed or in an emergency, the Health Officer may take any reasonable action to abate such condition and restore all property affected or damaged.

• B. The cost of such abatement of such illicit or otherwise unlawful discharge and restoration shall be borne by the persons causing or contributing to such condition, and/or by the owner of the property from which the discharge was made, and the cost thereof shall be invoiced to such persons and/or the owner of the property. If the invoice is not paid within 60 days, the City Council may authorize a lien upon and against the real property. If the lien is not satisfied within 90 days of imposition, the lien may be enforced in like manner to other real property liens, including sale under execution.

(Prior code § 21.6.4)

In any administrative or legal proceeding under this chapter in which the City prevails, the City shall have a right to recover all costs incurred in the prosecution of a violator and reasonable attorney's fees.

(Prior code § 21.6.5)

The City Engineer may promulgate rules and regulations to make specific the purpose of this chapter.

(Prior code § 21.6.6)