West Covina Municipal Code § 9-35 Control of pollutants from other construction activities

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Editor's note— Ord. No. 2091, § 1, adopted Dec. 3, 2002, amended §§ 9-26—9-37 of Art. II by enacting new provisions as set out herein. Former Art. II pertained to similar subject matter and derived from Ord. No. 1984, § 1, adopted Jan. 7, 1997.

The purpose of this chapter is to protect and improve water quality of receiving waters by:

(a) Reducing illicit discharges to the municipal stormwater system to the maximum extent practicable.

(b) Eliminating illicit connections to the municipal stormwater system.

(c) Eliminating spillage, dumping, and disposal of pollutant materials into the municipal stormwater system.

(d) Reducing pollutant loads in stormwater and urban runoff, from land uses and activities identified in the municipal NPDES permit.

(Ord. No. 2091, § 1, 12-3-2002)

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 practices (BMP's) means any program, technology, process, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollutants in stormwater and nonstormwater runoff.

City means the City of West Covina, California.

Clean Water Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

Commercial facility means restaurants; automotive service facilities; automotive dealerships, and retail gasoline station outlets or any other definition provided in the municipal NPDES permit of stormwater quality management plan.

Director means the public works director/city engineer of the city or his or her authorized agent, deputy, designee, or representative.

Discharge means any release, spill, leak, disposal, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or discarding of any gaseous, liquid, semisolid, solid, or radioactive substance, or combination thereof.

Executive officer means executive officer of the California Regional Water Quality Control Board, Los Angeles.

Hazardous substance means any hazardous substance as that term is defined under California Health & Safety Code Sections 25281(g), 25501(o) and 25501.1, and pursuant to Title 42, Section 9601(14) of the United States Code; and any hazardous waste as that term is defined under Title 42 Sections 6903(5) of the United States Code, and under California Health & Safety Code Section 25550(p); any hazardous material, as that term is defined under California Health & Safety Code Section 25501(n); any chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California Health & Safety Code Section 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or asbestos containing material. The term "hazardous substance" includes any amendments to the above-referenced statutes and regulations.

Illicit connection means 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 means 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 means any of the ten (10) classifications of industrial facilities specified in 40 CFR, § 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 means, 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.

MS4 means the municipal separate storm sewer system.

Municipal NPDES permit means 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 (MS4) means those facilities within the city by which storm water discharge is conveyed to the waters of the United States, including, but not limited to flood control channels, roads with drainage systems, alleys, streets, catch basins, grates, inlets, curbs, ditches, gutters, storm drains, canals, pipes, and fabricated and natural channels.

Nonstormwater discharge means 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 means 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 means, within the context of this chapter, any natural person, firm, association, organization, partnership, business trust, corporation or company.

Pollutant means 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 nontoxic chemicals, metals, including batteries.

Receiving waters means rivers, lakes, oceans, or other bodies of water that receive runoff.

Redevelopment means land-disturbing activity that results in the creation, addition, or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of 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, not does it include emergency construction activities required to immediately protect public health and safety.

Regional board means the appointed members of the California Regional Water Quality Control Board, Los Angeles Region.

Runoff means 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 means the state water resources control board of the California Environmental Protection Agency (SWRCB).

Stormwater runoff means any surface water flow produced by rain or snow melt.

Stormwater quality management program means 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. No. 2091, § 1, 12-3-02)

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

(b) No person shall place, dump, dispose, 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 from which a nonstormwater 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 nonstormwater discharges are not considered illicit discharges:

(1) Discharges determined by the executive officer not to be significant sources of pollution, including but are not limited to: natural springs and rising ground water; flows from 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; noncommercial car washing by residents or by nonprofit 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. No. 2091, § 1, 12-3-02)

(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 administrator or the director of public works or his/her designee(s), shall impose appropriate measures to remove or disable the illicit connection and may recover the costs from the owner of such illicit connection.

(Ord. No. 2091, § 1, 12-3-02)

No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to stormwater runoff.

(Ord. No. 1984, § 1, 1-7-97; Ord. No. 2091, § 1, 12-3-02)

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 called for more particularly in the city's stormwater quality management program, or any revisions made thereto.

(Ord. No. 2091, § 1, 12-3-02)

(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. 97-03-DWQ, permit no. CAS00001, 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 subsection (b) of this section.

(Ord. No. 2091, § 1, 12-3-02)

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. No. 2091, § 1, 12-3-02)

(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 the 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 noncompliance reports, evidence of self-inspection and good housekeeping practices.

(c) Any person engaged in a construction activity in the city requiring an NPDSES general construction stormwater activity 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 (3) years after the completion of construction.

(Ord. No. 2091, § 1, 12-3-02)

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 comply with all requirements specified in the stormwater management quality program, including any revisions made thereto.

(Ord. No. 2091, § 1, 12-3-02)

(a) Standard urban stormwater mitigation plan. Subject new development and redevelopment projects are required to comply with standard urban stormwater mitigation plan ("SUSMP") conditions assigned by the city that shall consist of: (1) low impact development ("LID") structural and non-structural best management practices ("BMPs"); (2) source control BMPs; and (3) structural and non-structural BMPs for specific types of uses. LID controls effectively reduce the amount of impervious area of a completed project site and promote the use of infiltration and other controls that reduce runoff. Source control BMPs prevent runoff contact with pollutant materials that would otherwise be discharged to the MS4. Specific structural controls are also required to address pollutant discharges from certain uses including, but not limited to, housing developments, retail gasoline outlets, automotive-related facilities, restaurants, and industrial and commercial facilities where pollutant materials are disposed, stored, or handled.

(b) Standard urban stormwater mitigation plan review and approval. An applicant for a subject new development or a redevelopment project shall incorporate into the applicant's project plans a SUSMP plan subject to city review and approval.

(c) California Environmental Quality Act ("CEQA"). Any project that is subject to CEQA review, but is not specified in a redevelopment or development project category, may be required to comply with any of the SUSMP requirements at the city's discretion.

(d) Stormwater management program and watershed management program. The city's stormwater management program ("SWMP") plan or watershed management program ("WMP") plan, whichever is in effect at the time of review, shall contain specific conditions and procedures for meeting planning land development and SUSMP requirements. The program plans shall contain guidance documents to facilitate compliance including, but not limited to, an updated SUSMP guidance manual, a LID impact design manual, and United States Environmental Protection Agency's Green Street guidance manual.

(e) Certificate of occupancy. As a condition for issuing a certificate of occupancy for new development or redevelopment project identified in subsection (a) of this section, the authorized enforcement officer (city engineer, or his/her designee) shall require facility operators or owners to: 1) build all the stormwater pollution control best management practices and structural or treatment control BMPs as shown on the approved project plans; and 2) submit a signed statement that the site and all structural or treatment control BMPs will be maintained in compliance with the SUSMP and other applicable regulatory requirements.

(f) Transfer of properties.

(1) The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (i) assume responsibility for maintenance of any existing structural or treatment control BMP; or (ii) replace existing structural or treatment control BMPs with new control measures or BMPs meeting the then-current standards of the city and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMPs at least once a year and retain proof of inspection.

(2) For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&Rs). Printed educational material shall accompany the first deed transfer to highlight the existence of the requirement and provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property.

(3) If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, the BMPs are the developer's responsibility until the dedication is accepted.

(Ord. No. 2091, § 1, 12-3-02; Ord. No. 2262, § 1, 7-15-14)

(a) The director of public works, and duly authorized representatives thereof, are hereby authorized and directed to enforce all provisions of this chapter.

(b) Nothing in this chapter precludes a local authority from using regular full-time employees to enforce this article. This authority shall be in addition to the authority granted to police and community enhancement officers.

(Ord. No. 2091, § 1, 12-3-02)

Whenever authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provision of this chapter, the officer may enter such building or premises at any reasonable time to inspect the same or perform any duty imposed upon the officer by this chapter, provided that:

(1) If such building or premises be occupied, he or she shall first present proper credentials and request entry.

(2) If such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or occupant of the building or premises and request entry. In the event that request for entry is refused, the officer is herby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. No. 2091, § 1, 12-3-02)

(a) Any violation of this article and any violation of a written condition of approval issued by the director, and any violation of any provision of any NPDES permit is a misdemeanor and shall be punishable by either a fine of up to one thousand dollars ($1,000.00) or six (6) months in the county jail, or both.

(b) Any person who may otherwise be charged with a misdemeanor as a result of a violation of this article may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation, and two hundred fifty dollars ($250.00) for each additional violation thereafter.

(c) Violations of this article may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Code and state law.

(d) The city attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this article. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the city for all costs incurred in enforcing this article, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the city, and may include all legal expenses and fees and any and all costs incurred relating to the restoration or remediation of the environment.

(e) Any person acting in violation of this article may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Section 13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The city attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief.

(f) Each separate discharge or other act which is in violation of this article and each day a violation of this article exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation.

(g) The city may utilize any and all other remedies as otherwise provided by law.

(h) Civil penalties: Any person who violates any provision of this article or any written condition of approval issued by the director or any state or federal law or any provision of any NPDES permit may be civilly liable to the city in the sum of not less than one hundred dollars ($100.00) but not to exceed one thousand dollars ($1,000.00) per day for each day in which such violation occurs or continues. The city may petition the municipal or superior court to impose, assess, and recover such sums. The civil penalty provided in this subsection excludes inspection, abatement, and other costs; is cumulative and not exclusive; and shall be in addition to all other remedies available to the city under federal, state, or local laws and ordinances. Funds collected pursuant to this subsection shall be paid to the city's sewer and storm drain utility enterprise fund account.

(i) Administrative penalties: Where the director finds that any person has violated any provision of this article or any written condition of approval issued by the director or any state or federal law or any provision of any NPDES permit, he or she may assess an administrative penalty in a sum not to exceed one thousand dollars ($1,000.00) per day for each day in which such violation occurs or continues. The administrative penalty provided in this subsection shall be pursuant to administrative procedures; excludes inspection, abatement, and other costs; is cumulative and not exclusive; and shall be in addition to all other remedies available to the city under federal, state, or local laws and ordinances. Funds collected pursuant to this subsection shall be paid to the city's sewer and storm drain utility enterprise fund account.

(j) As a part of any sentence or other penalty imposed or the award of any damage, the court may also order that restitution be paid to the city or any injured person, or, in the case of a violator who is a minor, by the minor's parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward.

(k) Any person violating the provisions of this article shall reimburse the city for any and all costs incurred by the city in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any illicit discharge or pollutant from the MS4; rectifying any illicit connection; or remediating any violation of this article. Such costs to be paid to the city include all administrative expenses and all legal expenses, including costs and attorneys' fees, in obtaining compliance, and in litigation including all costs and attorneys' fees on any appeal. The costs to be recovered in this section shall be recoverable from any and all persons violating this article.

(l) All costs and fees incurred by the city as a result of any violation of this article which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The city attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code Section 38773.5.

(Ord. No. 2091, § 1, 12-3-02)