Chapter 11.12
URBAN STORMWATER MANAGEMENT
Sections:
Article I. Definitions
11.12.010 Definitions applicable to this chapter.
11.12.015 One-hundred-thousand-square-foot commercial or industrial development.
11.12.035 Area susceptible to runoff.
11.12.037 Automotive service facility.
11.12.060 Best management practice (BMP).
11.12.080 Code of Federal Regulations (CFR).
11.12.090 Commercial activity.
11.12.095 Commercial development.
11.12.100 Construction activity.
11.12.125 Directly connected impervious areas.
11.12.145 Discretionary project.
11.12.149 Flow-through treatment BMPs.
11.12.150 Full capture system.
11.12.152 General construction activities stormwater permit (GCASP).
11.12.153 General industrial activities stormwater permit (GIASP).
11.12.155 Good housekeeping practice.
11.12.200 Industrial activity.
11.12.210 Industrial/commercial facility.
11.12.217 Low impact development (LID).
11.12.218 Municipal separate storm sewer system (MS4).
11.12.219 National Pollutant Discharge Elimination System (NPDES).
11.12.220 National Pollutant Discharge Elimination System (NPDES) permit.
11.12.225 Natural drainage system.
11.12.230 Nonstormwater discharge.
11.12.245 Post-construction BMP.
11.12.248 Rainfall harvest and use.
11.12.267 Retail gasoline outlet.
11.12.268 Routine maintenance.
11.12.275 Significant ecological areas (SEAs).
11.12.280 Standard Industrial Classification (SIC).
11.12.310 Storm water or stormwater.
11.12.320 Stormwater pollution prevention plan (SWPPP).
11.12.347 Treatment control BMP.
11.12.350 Uncontrolled discharge.
11.12.355 Urban stormwater mitigation plan.
Article II. General Provisions
11.12.390 Applicability of this chapter.
11.12.400 Standards, guidelines and criteria.
Article III. Discharge to the Storm Drain System
11.12.410 Illicit discharges prohibited.
11.12.420 Installation or use of illicit connections prohibited.
11.12.430 Removal of illicit connection from the storm drain system.
11.12.440 Littering and other discharge of polluting or damaging substances prohibited.
11.12.450 Stormwater and runoff pollution mitigation for construction activity.
11.12.460 Prohibited discharges from industrial or commercial activity.
11.12.470 Industrial/commercial facility sources required to obtain an NPDES permit.
11.12.480 Public facility sources required to obtain an NPDES permit.
11.12.490 Notification of uncontrolled discharges required.
Article IV. Runoff Management Requirements
11.12.500 Good housekeeping provisions.
11.12.510 Best management practices for construction activity.
11.12.520 Best management practices for industrial and commercial facilities.
11.12.530 Installation of structural BMPs.
11.12.540 BMPs to be consistent with environmental goals.
11.12.541 Urban stormwater mitigation plan required.
11.12.542 Content of urban stormwater mitigation plan.
11.12.543 Project specific issues to be addressed by the USWMP.
11.12.544 Review of the urban stormwater mitigation plan by city.
11.12.545 Filing of the urban stormwater mitigation plan.
Article V. Low Impact Development Measures for New Development and/or Redevelopment Planning and Construction Activities
11.12.551 Specific requirements.
11.12.552 Additional requirements.
Article VI. Violation and Enforcement
11.12.555 Enforcement – Director’s powers and duties.
11.12.560 Identification for inspectors and maintenance personnel.
11.12.570 Obstructing access to facilities prohibited.
11.12.580 Inspection to ascertain compliance – Access required.
11.12.590 Interference with inspector prohibited.
11.12.600 Notice to correct violations – Director may take action.
11.12.610 Violation of public nuisance.
11.12.620 Nuisance abatement – Director to perform work when – Costs.
11.12.630 Violation – Penalty.
11.12.640 Penalties not exclusive.
11.12.650 Conflicts with other code sections.
Article I. Definitions
11.12.010 Definitions applicable to this chapter.
The following words, phrases and terms as used in this chapter shall have the meanings ascribed to them in this article. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.015 One-hundred-thousand-square-foot commercial or industrial development.
“One-hundred-thousand-square-foot commercial or industrial development” means any commercial or industrial development that creates at least 100,000 square feet of impervious area, including parking areas. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.020 Act.
“Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.030 Adverse impact.
“Adverse impact” means a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant or pollutants. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.035 Area susceptible to runoff.
“Area susceptible to runoff” means any surface exposed to precipitation or in the path of runoff caused by precipitation that leads directly to the street or storm drain. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.037 Automotive service facility.
“Automotive service facility” means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5511, 5541, 7532 through 7534, and 7536 through 7539; provided, that these facilities have no outside activities or materials that may be exposed to stormwater. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.040 Basin plan.
“Basin plan” means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994, and subsequent amendments. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.050 Beneficial uses.
“Beneficial uses” means existing or potential uses of receiving waters as defined in a basin plan. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.060 Best management practice (BMP).
“Best management practice (BMP)” means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or nonstormwater discharges to receiving waters, or designed to reduce the volume of stormwater or nonstormwater discharged to the receiving water. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.063 Biofiltration.
“Biofiltration” means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term “biofiltration” as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board’s Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales. (Ord. 853 § 2, 2013).
11.12.065 Bioretention.
“Bioretention” means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this chapter, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain, it is regulated by Order No. R4-2012-0175 as biofiltration. (Ord. 853 § 2, 2013).
11.12.067 Bioswale.
“Bioswale” means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes. (Ord. 853 § 2, 2013).
11.12.070 Board.
“Board” means the city council of the city of Bell Gardens. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.075 City.
“City” means the city of Bell Gardens. (Ord. 853 § 2, 2013).
11.12.077 Clean Water Act.
“Clean Water Act (CWA)” means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit. (Ord. 853 § 2, 2013).
11.12.080 Code of Federal Regulations (CFR).
“Code of Federal Regulations (CFR)” means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government of the United States. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.090 Commercial activity.
“Commercial activity” means any public or private activity not defined as an industrial activity in 40 CFR 122.26(b)(14), involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or nonprofessional services. Commercial activity does not mean a dwelling as defined in BGMC Title 6. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.095 Commercial development.
“Commercial development” means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.097 Commercial malls.
“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. (Ord. 853 § 2, 2013).
11.12.100 Construction activity.
“Construction activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction 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, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “routine maintenance” definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, state general construction permit coverage by the state of California general permit for stormwater discharges associated with industrial activities or for stormwater discharges associated with construction activities is required if more than one acre is disturbed or the activities are part of a larger plan. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.105 Control.
“Control” means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities. (Ord. 853 § 2, 2013).
11.12.110 County.
“County” means the county of Los Angeles. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.120 Department.
“Department” means the department of public works of the city of Bell Gardens. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.123 Development.
“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. 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. (Ord. 853 § 2, 2013).
11.12.124 Directly adjacent.
“Directly adjacent” means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. (Ord. 853 § 2, 2013).
11.12.125 Directly connected impervious areas.
“Directly connected impervious areas” means the area covered by a structure, impervious pavement, and other impervious surfaces, which drains directly into the storm drain without first flowing across pervious land area (i.e., lawns). (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.130 Director.
“Director” means the director of public works of the city of Bell Gardens, or his/her authorized deputy, agent, representative or inspector. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.140 Discharge.
“Discharge” means any release, spill, leak, pumping, flow, escape, dumping, or disposal of any liquid, semisolid, or solid substance. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.145 Discretionary project.
“Discretionary project” means a project that requires the exercise of judgment or deliberation when the public agency or public body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.147 Disturbed area.
“Disturbed area” means an area that is altered as a result of clearing, grading, and/or excavation. (Ord. 853 § 2, 2013).
11.12.149 Flow-through treatment BMPs.
“Flow-through treatment BMPs” means a modular, vault type “high flow biotreatment” devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain. (Ord. 853 § 2, 2013).
11.12.150 Full capture system.
“Full capture system” means any single device or series of devices, certified by the executive officer, that traps all particles retained by a five-millimeter mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area. (Ord. 853 § 2, 2013).
11.12.152 General construction activities stormwater permit (GCASP).
“General construction activities stormwater permit (GCASP)” means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions. (Ord. 853 § 2, 2013).
11.12.153 General industrial activities stormwater permit (GIASP).
“General industrial activities stormwater permit (GIASP)” means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions. (Ord. 853 § 2, 2013).
11.12.155 Good housekeeping practice.
“Good housekeeping practice” means a best management practice related to the transfer, storage, use, or cleanup of materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and/or receiving waters. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998. Formerly 11.12.150).
11.12.157 Green roof.
“Green roof” means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain. (Ord. 853 § 2, 2013).
11.12.160 Hazardous material.
“Hazardous material” means any material defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substance designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 CFR 261.4(b), or is a hazardous substance under Section 101(14) of the Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.170 Hazardous waste.
“Hazardous waste” means a hazardous material, which is to be discharged, discarded, recycled, and/or reprocessed. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.175 Hillside.
“Hillside” means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25 percent or greater and where grading contemplates cut or fill slopes. (Ord. 853 § 2, 2013).
11.12.180 Illicit connection.
“Illicit connection” means any human-made conveyance that is connected to the storm drain system without a permit, excluding roof drains, which convey only stormwater. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.190 Illicit discharge.
“Illicit discharge” means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. Illicit discharge includes all nonstormwater discharges except discharges pursuant to an NPDES permit or discharges that are exempted or conditionally exempted by such permit. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.200 Industrial activity.
“Industrial activity” means any public or private activity which is in any of the 11 categories of activities defined in 40 CFR 122.26(b)(14) and which is required to obtain an NPDES. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.210 Industrial/commercial facility.
“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). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.213 Industrial park.
“Industrial park” means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modality coincides: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry. (Ord. 853 § 2, 2013).
11.12.215 Infiltration.
“Infiltration” means the downward entry of water into the surface of the soil. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.216 Infiltration BMP.
“Infiltration BMP” means a LID 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 infiltration basins, dry wells, and pervious pavement. (Ord. 853 § 2, 2013).
11.12.217 Low impact development (LID).
“Low impact development (LID)” consists of building and landscape features designed to retain or filter stormwater runoff. (Ord. 853 § 2, 2013).
11.12.218 Municipal separate storm sewer system (MS4).
“Municipal separate storm sewer system (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):
A. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;
B. Designed or used for collecting or conveying stormwater;
C. Which is not a combined sewer; and
D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR Section 122.2. (40 CFR Section 122.26(b)(8)). (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001. Formerly 11.12.217).
11.12.219 National Pollutant Discharge Elimination System (NPDES).
“National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405. The term includes an “approved program.” (Ord. 853 § 2, 2013).
11.12.220 National Pollutant Discharge Elimination System (NPDES) permit.
“National Pollutant Discharge Elimination System (NPDES) permit” 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 Act, that authorizes discharges to waters of the United States. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.225 Natural drainage system.
“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. (Ord. 853 § 2, 2013).
11.12.227 New development.
“New development” means land disturbing activities; structural development, including construction or installation of a building or structure; creation of impervious surfaces; and land subdivision. (Ord. 853 § 2, 2013).
11.12.230 Nonstormwater discharge.
“Nonstormwater discharge” means a municipal storm drain system that is not composed entirely of stormwater. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.233 Outfall.
“Outfall” means a point source as defined by 40 CFR 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. (40 CFR Section 122.26(b)(9)). (Ord. 853 § 2, 2013).
11.12.235 Parking lot.
“Parking lot” means land area or facility for 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. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.240 Pollutant.
“Pollutant” means any “pollutant” defined in Section 502(6) of the federal Clean Water Act or incorporated into the California Water Code Section 13373. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.245 Post-construction BMP.
“Post-construction BMP” means a structural or nonstructural BMP incorporated into the design of a project to control or reduce the discharge of pollutants from the site after construction is complete for the life of the project. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.247 Project.
“Project” means all development, redevelopment, and land disturbing activities. The term is not limited to “project” as defined under CEQA (Pub. Resources Code Section 21065). (Ord. 853 § 2, 2013).
11.12.248 Rainfall harvest and use.
“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 nonpotable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department. (Ord. 853 § 2, 2013).
11.12.250 Receiving water.
“Receiving water” means water of the United States into which waste and/or pollutants are or may be discharged. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.255 Redevelopment.
“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 surfacing 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. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.260 Regional board.
“Regional board” means the California Regional Water Quality Control Board, Los Angeles region. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.265 Restaurant.
“Restaurant” means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.267 Retail gasoline outlet.
“Retail gasoline outlet” means any facility engaged in selling gasoline and lubricating oils. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.268 Routine maintenance.
“Routine maintenance” includes, but is not limited to, projects conducted to:
A. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
B. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.
C. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.
D. Update existing lines (includes replacing existing lines with new pipes) and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.
E. Repair leaks.
Routine maintenance does not include construction of new lines (those that are not associated with existing facilities and are not part of a project to update or replace existing lines) or facilities resulting from compliance with applicable codes, standards and regulations. (Ord. 853 § 2, 2013).
11.12.270 Runoff.
“Runoff” means any stormwater or nonstormwater discharge from any surface and/or drainage area that reaches the storm drain system and/or receiving waters. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.275 Significant ecological areas (SEAs).
“Significant ecological areas (SEAs)” means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County general plan. Areas are designated as SEAs if they possess one or more of the following criteria:
A. The habitat of rare, endangered, and threatened plant and animal species.
B. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.
C. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.
D. Habitat that, at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.
E. Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.
F. Areas important as game species habitat or as fisheries.
G. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.
H. Special areas. (Ord. 853 § 2, 2013).
11.12.278 Site.
“Site” means 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. (Ord. 853 § 2, 2013).
11.12.280 Standard Industrial Classification (SIC).
“Standard Industrial Classification (SIC)” means a numbering system developed by the United States Government, Office of Budget, for the classification of businesses by the type of activity in which they are engaged. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001; Ord. 709 § 1, 1998).
11.12.290 State Board.
“State Board” means the State Water Resources Control Board. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.300 Storm drain system.
“Storm drain system” means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourses that are used for the purpose of collecting, storing, transporting, or disposing of stormwater and are located within the city. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.305 Storm event.
“Storm event” means a rainfall event that produces more than 0.10 inches of precipitation and that is separated from the previous rainfall event by at least 72 hours. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.310 Storm water or stormwater.
“Storm water” or “stormwater” means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13), 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)). (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.320 Stormwater pollution prevention plan (SWPPP).
“Stormwater pollution prevention plan (SWPPP)” means a plan required by and for which the contents are specified in an NPDES permit. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.330 Stormwater runoff.
“Stormwater runoff” means stormwater which travels across any surface to the storm drain system and/or receiving waters. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.340 Structural BMP.
“Structural BMP” means any permanent facility constructed to control, treat, store, divert, neutralize, dispose of, and/or monitor runoff in order to reduce or measure pollutants. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.345 Treatment.
“Treatment” means the application of engineering systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, medial absorption, biodegradation, biological uptake, chemical oxidation, and UV radiation. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.347 Treatment control BMP.
“Treatment control BMP” means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption, or any physical, biological, or chemical process. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.350 Uncontrolled discharge.
“Uncontrolled discharge” means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
11.12.353 Urban runoff.
“Urban runoff” means surface water flow produced by storm and nonstorm events. Nonstorm events include flow from residential, commercial or industrial activities involving the use of potable and nonpotable water. (Ord. 853 § 2, 2013).
11.12.355 Urban stormwater mitigation plan.
“Urban stormwater mitigation plan” means a plan that evaluates the issue of site development including runoff, run-on, vehicle maintenance, land disturbances, erosion, sediment control, and revegetation and establishes BMPs to control or reduce the discharge of pollutants from the site, both during and after construction. (Ord. 853 § 2, 2013; Ord. 732 § 1, 2001).
11.12.360 U.S. EPA.
“U.S. EPA” means the United States Environmental Protection Agency. (Ord. 853 § 2, 2013; Ord. 709 § 1, 1998).
Article II. General Provisions
11.12.370 Short title.
The ordinance codified in this chapter shall be known as the “urban stormwater management ordinance of the city of Bell Gardens” and may be referred to as such. (Ord. 709 § 1, 1998).
11.12.380 Purpose and intent.
The purpose of this chapter is to protect the health and safety of the residents of the city by protecting the beneficial uses, mating habitats, and ecosystems of receiving waters within the city from pollutants carried by stormwater and nonstormwater discharges. The intent of this chapter is to enhance and protect the water quality of the receiving waters of the county and the United States, consistent with the Act. (Ord. 709 § 1, 1998).
11.12.390 Applicability of this chapter.
The provisions of this chapter shall apply within the city to the discharge, deposit or disposal of any stormwater and/or runoff to the storm drain system and/or receiving waters covered by an NPDES municipal stormwater permit. (Ord. 709 § 1, 1998).
11.12.400 Standards, guidelines and criteria.
The director may establish uniform minimum standards, guidelines, and/or criteria for specific discharges, connections, and/or BMPs. The provisions of this section shall not prohibit the director from requiring a discharger or permittee from taking additional measures to achieve the objectives of this chapter or any permit. (Ord. 709 § 1, 1998).
Article III. Discharge to the Storm Drain System
11.12.410 Illicit discharges prohibited.
No person shall cause any discharge to enter the storm drain system unless such discharge:
A. Consists entirely of stormwater;
B. Consists of nonstormwater that is authorized by an NPDES permit issued by the U.S. EPA, the state board, or a regional board;
C. Is associated with emergency fire fighting activities; or
D. Is otherwise in compliance with the requirements of this chapter. (Ord. 709 § 1, 1998).
11.12.420 Installation or use of illicit connections prohibited.
No person shall install, maintain or use any connection to the storm drain system or shall cause nonstormwater to be discharged or conveyed through a connection to the storm drain system unless the connection has been permitted by the director pursuant to BGMC 12.12.010. (Ord. 709 § 1, 1998).
11.12.430 Removal of illicit connection from the storm drain system.
If any person fails to remove an illicit connection upon notification by the director, or upon revocation of a connection permit, the director may remove such connection from the storm drain system pursuant to BGMC 11.12.600. The director may pursue the recovery of costs for such removal pursuant to BGMC 11.12.600. (Ord. 709 § 1, 1998).
11.12.440 Littering and other discharge of polluting or damaging substances prohibited.
A. No person shall cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, placed, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private property except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from stormwater or runoff.
B. No person shall cause the disposal of hazardous materials or wastes into trash containers used for municipal trash disposal.
C. No person shall cause to be discharged to the storm drain system any pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation.
D. No person shall cause the accumulation of pollutants, leaves, dirt, or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or any fabricated or natural conveyance.
E. No person shall cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source of waste holding tank, container or device. (Ord. 709 § 1, 1998).
11.12.450 Stormwater and runoff pollution mitigation for construction activity.
No person shall commence any construction activity for which a permit is required by Chapter 6.04 BGMC without implementing all stormwater and runoff pollution mitigation measures required by such permit. (Ord. 709 § 1, 1998).
11.12.460 Prohibited discharges from industrial or commercial activity.
The following discharges from industrial or commercial activities are prohibited unless the discharge is in compliance with an NPDES permit:
A. Discharge of wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities;
B. Discharge of wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;
C. Discharge to the storm drain system from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is undertaken;
D. Discharge to the storm drain system from storage areas for materials containing grease, oil, or hazardous materials, or uncovered receptacles containing hazardous materials, grease, or oil;
E. Discharge of commercial/public swimming pool filter backwash to the storm drain system;
F. Discharge from the washing of toxic materials from paved or unpaved areas to the storm drain system;
G. Discharge from the washing out of concrete trucks to the storm drain system; or
H. Discharge from the washing or rinsing of restaurant mats, equipment or garbage bins or cans in such a manner that causes nonstormwater to enter the storm drain system. (Ord. 709 § 1, 1998).
11.12.470 Industrial/commercial facility sources required to obtain an NPDES permit.
Any industrial or commercial facility required to have an NPDES permit shall retain on-site and, upon request, make immediately available to the director the following documents as evidence of compliance with permit requirements, as applicable:
A. A copy of an NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial activity as submitted to the State Board or report of waste discharge as submitted to a regional board of jurisdiction;
B. A waste discharge identification number issued by the State Board or copy of the NPDES permit issued by a regional board;
C. An SWPPP and a monitoring program plan or group monitoring plan;
D. Stormwater quality data; and
E. Evidence of facility self-inspection. (Ord. 709 § 1, 1998).
11.12.480 Public facility sources required to obtain an NPDES permit.
Any public facility required to have an NPDES permit shall retain on-site and, upon request, make immediately available to the director the following documents as evidence of compliance with permit requirements, as applicable:
A. A copy of an NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial activity as submitted to the State Board or report of waste discharge as submitted to a regional board of jurisdiction;
B. A waste discharge identification number issued by the State Board or copy of the NPDES permit issued by a regional board;
C. An SWPPP and a monitoring program plan or group monitoring plan;
D. Stormwater quality data; and
E. Evidence of facility self-inspection. (Ord. 709 § 1, 1998).
11.12.490 Notification of uncontrolled discharges required.
A. Upon the discovery of an uncontrolled discharge to the storm drain system the discharger or permittee shall immediately notify the director of the incident by telephone in addition to any other notifications to public agencies as may be required by law. The notification shall include location of the discharge, type of materials discharged, estimated concentration and volume of the discharge, and corrective actions taken to contain or minimized the effects of the discharge.
B. Within 10 calendar days after the first discovery of the uncontrolled discharge, the discharger or permittee shall submit to the director a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge. Such notification shall not relieve the discharger or permittee from liability or fines incurred as a result of the uncontrolled discharge. (Ord. 709 § 1, 1998).
Article IV. Runoff Management Requirements
11.12.500 Good housekeeping provisions.
An owner or occupant of any property shall comply with the following good housekeeping requirements:
A. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, fuel, animal waste, garbage, batteries, and/or septic waste in an area where actual or potential discharge to the city streets or the storm drain system may occur. Any spills, discharge, or residues shall be removed as soon as possible and disposed of properly.
B. Runoff from landscape irrigation, air conditioning condensate, water line flushing, foundation/footing drains, individual residential car washing, dechlorinated swimming pool discharges and sidewalk washing shall be conducted in a manner not in violation of other provisions of this code.
C. Runoff from washing paved areas, including but not limited to parking lots, on industrial or commercial property is prohibited unless specifically required by federal, state, or local health or safety codes and not in violation of any other provision of this code. Runoff from authorized washing of paved areas shall be minimized to the extent practicable.
D. Objects, such as motor vehicle parts, containing grease, oil, or other hazardous materials, and unsealed receptacles containing hazardous materials, shall not be stored in areas exposed to stormwater or otherwise susceptible to runoff.
E. Any machinery or equipment which is to be repaired or maintained in areas exposed to stormwater or otherwise susceptible to runoff shall be provided with containment areas to control leaks, spills, or discharges.
F. All motor vehicle parking lots with more than 25 parking spaces and located in areas exposed to stormwater or otherwise susceptible to runoff shall have debris removed by regular sweeping or other equally effective measures. Such debris shall be collected and properly disposed of. (Ord. 709 § 1, 1998).
11.12.510 Best management practices for construction activity.
All BMPs required as a condition of any permit for construction activity granted pursuant to Chapter 6.04 BGMC shall be maintained in full force and effect during the term of the project, unless otherwise authorized by the director. (Ord. 709 § 1, 1998).
11.12.520 Best management practices for industrial and commercial facilities.
All industrial and commercial facilities shall implement BMPs to the maximum extent practicable. Minimum BMPs applicable to all industrial and commercial facilities include, but are not limited to:
A. Termination of all nonstormwater discharge to the storm drain system that is not specifically authorized by an NPDES permit;
B. Exercising general good housekeeping practices;
C. Incorporating regular scheduled preventive maintenance into operations;
D. Maintaining spill prevention and control procedures;
E. Implementing soil erosion control;
F. Posting on-site private storm drains to indicate that they are not to receive liquid or solid wastes;
G. Implementing regular cleaning of the on-site private storm drain system; and
H. Ensuring that stormwater runoff is directed away from operating, processing, fueling, cleaning and storage areas. (Ord. 709 § 1, 1998).
11.12.530 Installation of structural BMPs.
No person shall install a structural BMP for the purpose of treating, neutralizing, disposing of, monitoring or diverting to the sanitary sewer system any runoff without the approval of the director. Such facilities may be subject to plan review, application and issuance of operating permits pursuant to Chapter 11.08 BGMC. (Ord. 709 § 1, 1998).
11.12.540 BMPs to be consistent with environmental goals.
No person shall install or implement a BMP that transfers pollutants to air, groundwater, surface soils and/or other media in a manner inconsistent with applicable environmental laws and regulations. (Ord. 709 § 1, 1998).
11.12.541 Urban stormwater mitigation plan required.
Projects submitted to the city of Bell Gardens for project approval by the planning department or the building and safety department for new construction or redevelopment of a property in the city of Bell Gardens in the following classifications shall prepare an urban stormwater management plan (USWMP) prior to the issuance of grading or building permits for the project:
A. Automotive repair shop.
B. Subdivision in 10 or more residential lots.
C. Commercial development that creates 100,000 square feet of impervious coverage, including parking lots and all roof areas.
D. Restaurants.
E. Retail gasoline outlets.
F. Parking lots. (Ord. 732 § 2, 2001).
11.12.542 Content of urban stormwater mitigation plan.
The USWMP required by this section shall be prepared by a registered civil engineer, licensed architect, landscape architect, or any other professional knowledgeable about stormwater management issues and shall evaluate and propose BMPs to address each source of pollutants identified by the project evaluation. As a minimum, the designer shall address the BMPs listed in the commercial site visit program, for the proposed use of the site, as approved by the Regional Water Quality Control Board – Los Angeles by Resolution 98-08 on April 13, 1998. All USWMPs shall contain the following elements:
A. Peak Stormwater Runoff Rate. Peak runoff rate shall not exceed predevelopment levels.
B. Provide Storm Drain System Stenciling and Signage. All storm drain inlets from a project shall be clearly labeled to indicate that no dumping is permitted, drains to ocean. Labels shall be maintained at least every three years.
C. Conserve Natural Areas. The development of properties shall preserve natural areas or pervious areas to the maximum extent practical. The pervious areas shall be used for treatment of runoff, as a recharge area, or as passive or active open space.
D. Proper Design of Trash Storage Areas. Trash enclosure areas shall not be designed in the path of drainage nor shall roof drainage downspouts discharge to the trash enclosure.
E. Vehicle/Equipment Wash Area. If the project includes vehicle/equipment wash areas, the design shall include a roof to prevent rainwater from entering the area along with berms to prevent site drainage from entering the wash area. The wash area shall be connected to the sanitary sewer.
F. Proof of Ongoing Maintenance. The plan shall incorporate record keeping standards to document maintenance of structural BMPs to assure ongoing operation of the systems. Records shall be maintained for three years.
The records shall be available for inspection upon request by the city engineer or the designated agent. (Ord. 732 § 2, 2001).
11.12.543 Project specific issues to be addressed by the USWMP.
In addition to the six items listed in BGMC 11.12.542, the following projects must also consider issues unique to the occupancy:
A. Automotive Repair Shops.
1. Properly Designed Fueling Areas. Fueling facilities for a new automotive repair project shall be constructed in compliance with the Service Station Managers Association guidelines.
2. Proper Design of Outside Material Storage Areas. Areas used for storage of vehicles under repair or for storage of spare parts shall be designed to minimize, to the greatest extent practicable, the exposure of stored parts or vehicles to rainfall.
3. Proper Design of Repair/Maintenance Bays. Repair/maintenance bays shall be designed to allow for collection of all fluid spills and floor wash down runoff and provide for the proper discharge of these fluids to the sanitary sewer system. Automotive fluids and greases shall not be discharged to areas exposed to rainfall.
4. Properly Designed Loading and Unloading Areas. Loading and unloading of materials and vehicles shall be handled to limit the discharge of pollutants to the storm drain system. Spill prevention and cleanup materials shall be maintained on site and staff shall be trained in its proper use.
B. Residential Subdivisions of 10 or More Lots.
1. Mitigate Stormwater Runoff. The project shall use, to the greatest extent practicable, pervious surfaces for drainage structures, walkways, parking areas, and recreation facilities. The project shall also evaluate the feasibility of reducing impervious surfaces, to the greatest extent practical, by reducing street widths, reducing sidewalk areas, and limiting impervious site improvements.
C. One Hundred Thousand Square Foot Commercial Developments.
1. Mitigate Stormwater Runoff. The project shall use, to the greatest extent practicable, pervious surfaces for drainage structures, walkways, parking areas, and recreation facilities. The project shall also evaluate the feasibility of incorporating infiltration and treatment BMPs into the project design.
2. Proper Design of Outside Material Storage Areas. Areas used for storage of raw materials or for storage of finished products or merchandise shall be designed to minimize, to the greatest extent practicable, the exposure of stored materials to rainfall.
3. Proper Design of Repair/Maintenance Bays. Repair/maintenance bays shall be designed to allow for collection of all fluid spills and floor wash down runoff and provide for the proper discharge of these fluids to the sanitary sewer system. Automotive fluids and greases shall not be discharged to areas exposed to rainfall.
4. Properly Designed Loading and Unloading Areas. Loading and unloading of materials and equipment shall be handled to limit the discharge of pollutants to the storm drain system. Spill prevention and cleanup materials shall be maintained on site and staff shall be trained in their proper use.
D. Restaurants (SIC 5812).
1. Properly Designed Equipment/Accessory Wash Areas. Projects in this SIC shall be designed with an area for the washing of floor mats and other large equipment that is connected to the sanitary sewer system. The area shall be roofed to prevent the entrance of rainwater or shall be designed to activate a valve to transfer the discharge from the storm drain to the sanitary sewer when mats or equipment are being washed. The operator may, upon submission of substantial proof, eliminate the wash area if no floor mats or equipment will be washed outside.
2. Proper Design of Outside Storage Areas. Projects shall be designed to limit, to the greatest extent practicable, the exposure to rainfall or rainwater runoff for materials stored outside of the building. This provision shall apply to, but is not limited to, the storage of fryer fat stored for recycling, cardboard or paper storage intended for recycling, and waste food products stored for recycling.
E. Retail Gasoline Outlets.
1. Properly Designed Fueling Areas. Fueling facilities for a new retail gasoline outlets project shall be constructed in compliance with the Service Station Managers Association guidelines.
2. Proper Design of Outside Material Storage Areas. Areas used for storage of products or merchandise shall be designed to minimize, to the greatest extent practicable, the exposure of stored materials to rainfall.
3. Proper Design of Repair/Maintenance Bays. Repair/maintenance bays shall be designed to allow for collection of all fluid spills and floor wash down runoff and provide for the proper discharge of these fluids to the sanitary sewer system. Automotive fluids and greases shall not be discharged to areas exposed to rainfall. (Ord. 732 § 2, 2001).
11.12.544 Review of the urban stormwater mitigation plan by city.
The city shall review the USWMP to assure that all elements of the plan have been addressed and that the applicant has identified the BMPs necessary to protect the MS4. If the plan is found to comply with the provisions of this section, the grading or building permits may be issued for the project. If, during construction, the plan is found to be deficient by the city or any other interested party, the applicant shall amend the plan to address the deficiency. (Ord. 732 § 2, 2001).
11.12.545 Filing of the urban stormwater mitigation plan.
Upon acceptance of the USWMP by the city the applicant shall file a signed original of the plan with the county recorder. The document shall contain sufficient legal description to identify the property covered and shall be binding on the applicant and all successors in interest to the property. The form shall be provided by the city and shall only be amended or deleted from title with the consent of the city. (Ord. 732 § 2, 2001).
11.12.546 Waiver.
If, after evaluating the issues related to a project, the designer determines that all BMPs are impractical for their project a waiver may be granted. The waiver for impracticability shall only be granted when all other structural or treatment BMPs have been considered and rejected as infeasible. The following situations will be recognized as grounds for an impracticability waiver:
A. Extreme limitation of space for treatment on a redevelopment project.
B. Unfavorable or unstable soil conditions at a site to attempt infiltration.
C. Risk of ground water contamination because a known unconfined aquifer lies beneath the site or an existing or potential underground source of drinking water is less than 10 feet from the soil surface.
A justification not identified above must be approved by the Regional Water Quality Control Board – Los Angeles upon application by the city before a waiver for impracticability may be approved by the city. A waiver granted by the city may be revoked by the Regional Board’s executive officer for cause with proper notice upon petition. Any waivers granted for impracticability shall be filed, as required, by BGMC 11.12.545. (Ord. 732 § 2, 2001).
Article V. Low Impact Development Measures for New Development and/or Redevelopment Planning and Construction Activities
11.12.547 Objective.
The provisions of this article establish requirements for construction activities and facility operations of development and redevelopment projects to comply with the current “Order No. R4-2012-0175,” lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements. (Ord. 853 § 4, 2013).
11.12.548 Scope.
This article contains requirements for stormwater pollution control measures in development and redevelopment projects 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 and enforce the provisions of this article. (Ord. 853 § 4, 2013).
11.12.549 Applicability.
Development projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s), are:
A. All development projects equal to one acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area.
B. Industrial parks with 10,000 square feet or more of surface area.
C. Commercial malls with 10,000 square feet or more of surface area.
D. Retail gasoline outlets with 5,000 square feet or more of surface area.
E. Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area.
F. Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces.
G. Streets and roads construction of 10,000 square feet or more of impervious surface area. Street and road construction applies to stand-alone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.
H. Automotive service facilities (Standard Industrial Classifications (SIC) of 5013, 5014, 5511, 5541, 7532 through 7534 and 7536 through 7539) with 5,000 square feet or more of surface area.
I. Projects located in or directly adjacent to, or discharging directly to, an environmentally sensitive area (ESA), where the development will:
1. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and
2. Create 2,500 square feet or more of impervious surface area.
J. Single-family hillside homes.
K. Redevelopment Projects.
1. 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.
2. Where redevelopment results in an alteration to more than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.
3. Where redevelopment results in an alteration of less than 50 percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.
4. 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. Impervious surface replacement, 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. Redevelopment does not include the repaving of existing roads to maintain original line and grade.
5. Existing single-family dwellings and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area. (Ord. 853 § 4, 2013).
11.12.550 Effective date.
The planning and land development requirements contained in Section 7 of Order No. R4-2012-0175 shall become effective 90 days from the adoption of the Order (February 6, 2013). This includes planning priority projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals within 90 days of adoption of the Order. Projects that have been deemed complete within 90 days of adoption of the Order are not subject to the requirements in Section 7. (Ord. 853 § 4, 2013).
11.12.551 Specific requirements.
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.
A. A new single-family hillside home development shall include mitigation measures to:
1. Conserve natural areas;
2. Protect slopes and channels;
3. Provide storm drain system stenciling and signage;
4. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and
5. Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.
B. Street and road construction of 10,000 square feet or more of impervious surface shall follow U.S. EPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable.
C. The remainder of planning priority projects shall prepare a LID plan to comply with the following:
1. Retain stormwater runoff on site for the stormwater quality design volume (SWQDV) defined as the runoff from:
a. The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or
b. The volume of runoff produced from a 0.75-inch, 24-hour rain event, whichever is greater.
2. Minimize hydromodification impacts to natural drainage systems as defined in Order No. R4-2012-0175.
3. To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain 100 percent of the SWQDV on site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post-construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:
a. The infiltration rate of saturated in-situ soils is less than 0.3 inches per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDV on site;
b. Locations where seasonal high groundwater is within five to 10 feet of surface grade;
c. Locations within 100 feet of a groundwater well used for drinking water;
d. Brownfield development sites or other locations where pollutant mobilization is a documented concern;
e. Locations with potential geotechnical hazards;
f. Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.
4. If partial or complete on-site retention is technically infeasible, the project site may biofiltrate one and one-half times the portion of the remaining SWQDV that is not reliably retained on site. Biofiltration BMPs must adhere to the design specifications provided in Order No. R4-2012-0175.
a. Additional alternative compliance options such as off-site infiltration and groundwater replenishment projects may be available to the project site. The project site should contact the city to determine eligibility.
5. The remaining SWQDV that cannot be retained or biofiltered on site must be treated on site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per Order No. R4-2012-0175. Flow-through BMPs may be used to treat the remaining SWQDV and must be sized based on a rainfall intensity of:
a. Two-tenths inch per hour; or
b. The one year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater. (Ord. 853 § 4, 2013).
11.12.552 Additional requirements.
The site for projects not classified with general applicability listed in BGMC 11.12.549, but resulting in the creation or addition or replacement of 500 square feet or more of impervious surface area, shall be designed to control pollutants, pollutant loads, and runoff volume per the Bell Gardens green streets manual. (Ord. 853 § 4, 2013).
Article VI. Violation and Enforcement
11.12.555 Enforcement – Director’s powers and duties.
The director shall have primary responsibility for the enforcement of the regulations in this chapter. The director may enter into agreements with other departments for the purpose of implementing this chapter. (Ord. 853 § 3, 2013; Ord. 709 § 1, 1998. Formerly 11.12.550).
11.12.560 Identification for inspectors and maintenance personnel.
The director shall provide means of identification to inspectors and storm drain system maintenance personnel which shall identify them as such. Inspectors and storm drain system maintenance personnel shall identify themselves upon request in the performance of their duties under this chapter. (Ord. 709 § 1, 1998).
11.12.570 Obstructing access to facilities prohibited.
No object, whether a permanent structure, a temporary structure, or any object which is difficult to remove, shall be located on any storm drain easement or placed in such a position as to interfere with the ready and easy access to any facility conveying stormwater or runoff as described in this chapter unless authority is granted by the director. Upon notification by the director, any such obstruction shall be immediately removed by the responsible party at no expense to the city, and shall not be replaced. (Ord. 709 § 1, 1998).
11.12.580 Inspection to ascertain compliance – Access required.
A. The director may inspect in a manner authorized by state law, as often as he/she deems necessary, any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES permit, SWPPP, stormwater management plan, construction activity or other facility to ascertain whether such facilities, plans, or protective measures are in place, maintained and operated in accordance with the provisions of this chapter.
B. In the course of such inspection, the director may:
1. Inspect, sample, make flow measurements of any runoff, discharge or threatened discharge;
2. Place on the premises devices for runoff or discharge sampling, monitoring, flow measuring or metering;
3. Inspect, copy, or examine any records, reports, plans, test results or other information required to carry out the provisions of this chapter, to the extent allowed by law; and
4. Photograph any materials, storage areas, waste, waste containers, BMP, vehicle, connection, discharge, runoff and/or violation discovered during an inspection. (Ord. 709 § 1, 1998).
11.12.590 Interference with inspector prohibited.
No person shall, during reasonable hours, refuse, restrict, resist or attempt to resist the entrance of the director into any building, factory, plant, yard, construction project or place or portions thereof in the performance of his/her duty within the powers conferred upon him/her by law. (Ord. 709 § 1, 1998).
11.12.600 Notice to correct violations – Director may take action.
The director may issue a notice of violation and order to comply to achieve compliance with the provision of this chapter. Failure to comply with the terms and conditions of a notice of violation and order to comply shall constitute a violation of this chapter.
If a person fails to comply with an order issued under this section to remove an illicit connection, obstruction or other encroachment to the storm drain system, the director may perform the work as provided in BGMC 11.12.620. The person responsible for installing or operating such a facility shall be liable to the city for such work, including reasonable attorney’s fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction. (Ord. 709 § 1, 1998).
11.12.610 Violation of public nuisance.
Any discharge in violation of this chapter, any illicit connection, and/or any violation of runoff management requirements shall constitute a threat to public health and safety and is declared and deemed a public nuisance. (Ord. 709 § 1, 1998).
11.12.620 Nuisance abatement – Director to perform work when – Costs.
Whenever a nuisance shall be found to exist on any premises, the director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety, or the director may notify in writing the person(s) having control of or acting as agent for such premises to abate or remove such nuisance within such time as is stated on the notice. Upon the failure or refusal of such person(s) to comply with the notice, the director may abate such nuisance in the manner provided by law. The person(s) having control of such premises, in addition to the penalties provided by this chapter, shall be liable to the city for any costs incurred by the city for such abatement, including reasonable attorney’s fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction. (Ord. 709 § 1, 1998).
11.12.630 Violation – Penalty.
Any person, firm, corporation, municipality or district or any officer or agent of any firm, corporation, municipality or district or any officer or agent of any firm, corporation, municipality or district violating any provision of this chapter shall be guilty of a misdemeanor. Such violation shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Each day during any portion of which such violation is committed, continued or permitted shall constitute a separate offense and shall be punishable as such. (Ord. 709 § 1, 1998).
11.12.640 Penalties not exclusive.
Penalties under this chapter are in addition to, and do not supersede or limit, any and all other penalties or remedies provided by law. (Ord. 709 § 1, 1998).
11.12.650 Conflicts with other code sections.
The provisions of this chapter shall control over any inconsistent or conflicting provisions of this code. (Ord. 709 § 1, 1998).