Chapter 13.08
STORM DRAINS AND STORMWATER MANAGEMENT AND POLLUTION CONTROL
Sections:
13.08.020 Entry into storm drain facilities.
13.08.030 Prohibition of illicit discharges and illicit connections to storm drains.
13.08.050 Requirements for industrial, commercial and construction activities.
13.08.005 Purpose and intent.
A. The purpose of this chapter is to protect and enhance the quality of surface waters and surface water bodies, including the Santa Monica Bay and Machado Lake, in a manner consistent with the Federal Clean Water Act (33 U.S.C. Sections 1251 et seq.), the California Porter-Cologne Water Quality Control Act (Cal. Water Code Sections 13000 et seq.), and the municipal National Pollutant Discharge Elimination System (NPDES) permit.
B. This chapter is intended to provide the city with the legal authority necessary to implement and enforce the requirements contained in 40 Code of Federal Regulations (CFR) Section 122.26(d)(2)(i)(A) through (F) and in the municipal NPDES permit to the extent they are applicable in the city, to control discharges to and from those portions of the municipal stormwater system over which it has jurisdiction as required by the municipal NPDES permit, and to hold dischargers to the municipal stormwater system accountable for their contributions of pollutants and flows.
C. This chapter authorizes the authorized enforcement officer to define and adopt applicable best management practices (BMPs) and other stormwater pollution control measures, to grant emergency self-waivers from municipal NPDES permit development and redevelopment requirements, as provided herein, to cite infractions, and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement, and enforce the provisions of this chapter.
D. This chapter also sets forth requirements for the construction and operation of certain commercial and industrial facilities, new development and redevelopment projects, and other activities (as further defined herein), which are intended to ensure compliance with the stormwater mitigation measures prescribed in the current version of the municipal NPDES permit, which is on file in the office of the city clerk of this city.
E. The provisions of this chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and existing or future NPDES permits, and any amendment, revision or reissuance thereof. Any person who violates any provision of this chapter may also be in violation of such federal act, NPDES permit, or other federal or state law, and subject to the sanctions thereof.
F. The provisions of this chapter shall not be deemed to waive or supplant any other provision of this code, and, in the event of conflict, the more stringent requirement in terms of preservation of the public health, safety, and welfare shall prevail. (Ord. 757 § 1 (Exh. A), 2022)
13.08.010 Definitions.
Except as specifically provided herein, any term used in this chapter shall be defined as that term is defined in the current municipal NPDES permit, or, if it is not specifically defined in the municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following definitions apply to this chapter only:
“Authorized enforcement officer” means the city manager or his or her designee.
“Best management practices” or “BMPs” 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.
“Biofiltration” means a low impact development (LID) BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Biofiltration BMPs include bioretention systems with an underdrain and bioswales.
“Bioretention” means an 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 the municipal NPDES permit, 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 as a biofiltration BMP.
“City” means the city of Palos Verdes Estates, or the area within the limits of the city of Palos Verdes Estates.
“Construction” means any construction or demolition activity, clearing, grading, grubbing, excavation, or any other activities that result in land disturbance. Construction includes structure teardown and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); clearing and grubbing of vegetation for landscape maintenance which is not associated with a larger construction project; interior remodeling with no outside exposure of construction material or construction waste to stormwater; mechanical permit work; or sign permit work. See “Routine maintenance” definition.
“Construction general permit” means the NPDES general permit for stormwater discharges associated with construction and land disturbance activities issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.
“Development” means any construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
“Directly adjacent” means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.
“Director” means the city manager or his or her designee.
“Discharge” means, when used without qualification, the discharge of a pollutant.
“Discharging” directly means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands.
“Disturbed area” means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention.
“Hazardous material” means any material defined as hazardous by California Health and Safety Code Division 20, Chapter 6.95 (Hazardous Waste Control).
“Hazardous substance” means any substance designated pursuant to 40 CFR Section 302, and any unlisted hazardous substance which is a solid waste, as defined in 40 CFR Section 261.2, which is not excluded from regulation as a hazardous waste under 40 CFR Section 261.4(b), and which is a hazardous substance under Section 101(14) of the Federal Clean Water Act because it exhibits any of the characteristics identified in 40 CFR Sections 261.20 through 261.24.
“Hazardous waste” means any hazardous material or hazardous substance which is to be discharged, discarded, recycled, or processed.
“Hillside” means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes.
“Illicit discharge” means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term “illicit discharge” includes all nonstormwater discharges except authorized nonstormwater discharges; conditionally exempt nonstormwater discharges; and nonstormwater discharges resulting from natural flows specifically identified in the municipal NPDES permit.
“Industrial general permit” also known as the “general industrial activities stormwater permit” means the general NPDES permit adopted by the State Water Resources Control Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.
“Infiltration” means the downward entry of water into the surface of the soil.
“Inspection” means entry and the conduct of an on-site review of operations, structures and devices on a property, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection include but are not limited to:
1. Preinspection documentation research;
2. Request for entry;
3. Interview of property owner, resident and/or occupant(s);
4. Property walk-through;
5. Visual observation of the condition of property premises;
6. Examination and copying of records as required;
7. Sample collection (if necessary or required);
8. Exit discussion (to discuss preliminary evaluation) as appropriate; and
9. Report preparation and, if appropriate, recommendations for coming into compliance.
“Low-impact development” or “LID” means building or landscape features designed to retain or filter stormwater runoff through infiltration, evapotranspiration, and/or harvest and use near to where it falls to earth.
“Municipal NPDES permit” means the Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties (Order No. R4-2021-0105), NPDES Permit No. CAS004004, effective September 11, 2021, issued by the California Regional Water Quality Control Board – Los Angeles Region, and any successor permit to that permit.
“Municipal separate storm sewer system” or “MS4” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. 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;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR Section 122.2.
“National Pollutant Discharge Elimination System” or “NPDES” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Sections 307, 318, 402, and 405.
“Natural drainage systems” means drainage courses that have not been modified using engineering controls or drainages that are tributary to a natural drainage system. Examples of engineering modifications to a drainage course include channelization, armoring with concrete, and application of riprap. The clearing or dredging of a natural drainage system does not constitute a modification for purposes of this definition.
“New development” means land disturbing activities; structural development, including construction or installation of a building or structure; creation of impervious surfaces; and land subdivision.
“Pollutant” means those pollutants defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Pollutant shall not include any discharge exempted from the provisions of this chapter pursuant to PVEMC 13.08.040. Examples of pollutants include, but are not limited to, the following:
1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge);
2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium, mercury; and nonmetals such as phosphorus and arsenic;
3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state;
5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities);
6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.
“Priority development project” means land development projects subject to the city’s planning and building authority which are required to implement post-construction stormwater control measures to meet priority development project structural BMP performance requirements of the municipal NPDES permit.
“Project” means all development, redevelopment, and land-disturbing activities, unless solely for the purposes of landscape maintenance or fire prevention. The term is not limited to project as defined under CEQA.
“Rainfall harvest and use” means an LID BMP system designed to capture runoff 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 to replace certain potable water uses such as toilet flushing if the system includes disinfection treatment and is approved for such use by the local building department.
“Redevelopment” includes, but is not limited to, the expansion of a building footprint, addition or replacement of a structure, replacement of impervious surface area that is not part of a routine maintenance activity, and land-disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
“Routine maintenance” includes, but is not limited to, projects conducted to:
1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility;
2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities;
3. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts;
4. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity;
5. Repair leaks;
6. Conduct landscaping activities without changing existing or natural grades; and
7. Conduct brush clearing and grubbing for fire prevention.
Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.
“Runoff” means any runoff including stormwater and nonstormwater flows from a drainage area that reaches a receiving water body or subsurface.
“Significant ecological area” or “SEA” means an area that has been officially designated as having irreplaceable biological resources as part of the Los Angeles County general plan.
“Simple LID BMP” means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the municipal NPDES permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.
“Site” means the land or water area where any structure or activity is physically located or conducted, including adjacent land used in connection with the structure or activity.
“Stormwater” means stormwater runoff and surface runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 Federal Register 47990, 47996 (Nov. 16, 1990)).
“Structural BMP” means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and dry weather runoff pollution. Structural BMPs may include stormwater retention BMPs, treatment control BMPs and source control BMPs (e.g., canopy, structural enclosure).
“Treatment” means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation, and UV radiation.
“Treatment control BMP” means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 757 § 1 (Exh. A), 2022)
13.08.020 Entry into storm drain facilities.
No person shall enter into any storm drain, storm drain ditch, storm drain pipe, flood control channel, or any other facility owned by any public agency for the purpose of transporting or diverting storm drain water, except public officers or employees, or persons holding the express written permission from the public works director of the city, or the chief engineer of the Los Angeles County Flood Control District; provided, however, that this section shall be applicable only to a storm drain facility where there is in place at each entrance of the facility a sign, the face of which is not less than one square foot in area, upon which appear the words “NO TRESPASSING – DO NOT ENTER.” (Ord. 757 § 1 (Exh. A), 2022)
13.08.030 Prohibition of illicit discharges and illicit connections to storm drains.
A. No person shall discharge or deposit or cause or suffer to be discharged or deposited in any channel, gutter, inlet, storm drain, or swale, or to flow across any public property, any material from any source which will or may cause or result in the pollution of any underground or surface waters, obstruction to the flow in storm drains, or other interference with the proper operation of the storm drain system. Prohibited discharges or deposits include, but are not limited to: flammable or explosive solids, liquids, or gases; litter; leaves, dirt, or other landscape debris; food wastes; ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, or manure; and any other solid or viscous substance capable of causing such interference.
B. No person shall connect to the MS4, as defined, unless such connection has been specifically permitted in accordance with the provisions of federal, state and local law. It is prohibited to establish, use, maintain, or continue illicit connections to the MS4, or to commence or continue any illicit discharges to the storm drain system.
C. All nonstormwater discharges into the MS4 are prohibited unless those flows are: in compliance with a separate NPDES permit; authorized by a conditional waiver or WDRs for agricultural lands; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the municipal NPDES permit; conditionally exempt nonstormwater discharges as defined in accordance with the municipal NPDES permit; or authorized as a temporary nonstormwater discharge by U.S. EPA pursuant to Section 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited discharges include, but are not limited to:
1. Wash waters from commercial auto washing or when gas stations, auto repair garages, or other types of automotive service facilities are cleaned;
2. Wastewater from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations (excluding noncommercial car washing by residents and nonprofit organizations);
3. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken;
4. Discharges of runoff from storage areas of materials containing grease, oil or other hazardous substances, and from uncovered receptacles containing hazardous materials;
5. Discharge of commercial, municipal or private swimming pool or spa filter backwash or water from draining of saltwater swimming pools;
6. Discharge of runoff from the washing of toxic materials from paved or unpaved areas;
7. Discharge from washing out concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment;
8. Any pesticide, fungicide, or herbicide banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation;
9. Discharge from the washing of impervious surfaces associated with commercial activity, including but not limited to pressure washing of surfaces prior to or for cleanup from painting.
D. Each person who owns, manages, or operates any industrial or commercial parking lot which is located in any area potentially exposed to stormwater shall regularly remove oil, chemicals, debris, or other pollutionable materials from such lot by sweeping or other equally effective measures (including use of absorbent material if necessary).
E. Each person who owns, manages, or operates any machinery or equipment which is to be repaired or maintained shall use best management practices or shall place the machinery or equipment that is to be repaired or maintained in such a place that leaks, spills, and other maintenance-related pollutants are not discharged to the storm drain system.
F. All hazardous substances and hazardous materials shall be stored in such a manner as to prevent such substances or materials from coming into contact with stormwater or other runoff which discharges into the storm drain system. It is unlawful for any person to dispose of any hazardous waste in any trash container used for municipal trash disposal.
G. In any area exposed to stormwater, all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, and other materials shall be removed and lawfully disposed of in a manner so as to avoid potential adverse impacts on water quality.
H. Persons conducting commercial or industrial activities within the city shall implement effective source control best management practices as required in the municipal NPDES permit to prevent illicit discharges and to prevent stormwater discharges associated with the commercial or industrial activity from causing or contributing to a violation of receiving water limitations. (Ord. 757 § 1 (Exh. A), 2022)
13.08.040 Exceptions.
Discharges from those activities specifically identified in, or pursuant to, the municipal NPDES permit as being authorized discharges or conditionally exempted discharges shall not be considered a violation of this chapter; provided, that any applicable BMPs developed pursuant to the municipal NPDES permit are implemented to minimize any adverse impacts from such identified sources and that required conditions prescribed in the municipal NPDES permit are met prior to discharge. All nonstormwater discharges through the MS4 to receiving waters are prohibited except for those discharges identified in the municipal NPDES permit as follows:
A. Authorized nonstormwater discharges separately regulated by an individual or general NPDES permit;
B. Authorized nonstormwater discharges separately regulated by a conditional waiver or WDRs for agricultural lands;
C. Temporary nonstormwater discharges authorized by U.S. EPA pursuant to Section 104(a) or 104(b) of CERCLA that meet all requirements set forth in the municipal NPDES permit;
D. Authorized nonstormwater discharges from emergency firefighting activities (i.e., flows necessary for the protection of life or property). Discharges from vehicle washing, building fire suppression system maintenance and testing, fire hydrant maintenance and testing, and other routine maintenance activities are not considered emergency firefighting activities;
E. Natural flows, including natural springs; flows from riparian habitats and wetlands; diverted stream flows, authorized by the state or regional water board; uncontaminated ground water infiltration which is water other than wastewater that enters the MS4 (including foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes; rising ground waters, where ground water seepage is not otherwise covered by a NPDES permit; or
F. Conditionally exempt nonstormwater discharges as defined by the municipal NPDES permit which meet all requirements therein. (Ord. 757 § 1 (Exh. A), 2022)
13.08.050 Requirements for industrial, commercial and construction activities.
A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the regional board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the authorized enforcement officer prior to the issuance of any grading, building, final approval, or any other type of permit or license issued by the city.
B. Nonstormwater discharges to the MS4 from industrial, commercial, or construction activities are prohibited unless they are excepted as described in PVEMC 13.08.040, Exceptions.
C. Industrial and commercial dischargers and dischargers associated with construction activities must implement effective BMPs, including source control BMPs, in accordance with the municipal NPDES permit to reduce pollutants in stormwater from such sites to the maximum extent practicable.
D. Stormwater runoff containing sediment, construction materials, or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable.
E. Construction sites must implement an effective combination of erosion and sediment control BMPs from the municipal NPDES permit to prevent erosion and sediment loss, and the discharge of construction wastes. The requirements of the municipal NPDES permit apply to all construction activities and must be met prior to the issuance by the city of any grading, building, or construction permit; such requirements may include but are not limited to the applicable planning and land development and construction program provisions of the municipal NPDES permit.
F. Construction sites disturbing one acre or more must adhere to the requirements set forth in the municipal NPDES permit and the construction general permit. A stormwater pollution prevention plan (SWPPP) for construction sites of one acre or greater shall be developed by a qualified SWPPP developer (QSD) consistent with the construction general NPDES permit and kept on site at all times available for review by the authorized enforcement officer. (Ord. 757 § 1 (Exh. A), 2022)
13.08.060 Planning and land development program requirements for new development and redevelopment projects.
A. The following new development and redevelopment projects are required to comply with the priority development project requirements of the municipal NPDES permit:
1. New development projects that are in any of the following categories:
a. Projects equal to one acre or greater of disturbed area and adding ten thousand square feet or more of impervious surface area (collectively over the entire project site);
b. Industrial parks of ten thousand square feet or more of surface area;
c. Commercial malls of ten thousand square feet or more of surface area;
2. Redevelopment projects that create and/or replace five thousand square feet or more of impervious surface (collectively over the entire project site) on any of the following:
a. Existing sites of ten thousand square feet or more of impervious surface area;
b. Industrial parks ten thousand square feet or more of surface area;
c. Commercial malls ten thousand square feet or more of surface area;
3. New development and redevelopment projects that create and/or replace five thousand square feet or more of impervious surface (collectively over the entire project site) and support one or more of the following uses:
a. Restaurants (SIC 5812);
b. Parking lots;
c. Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539);
d. Retail gasoline outlets;
4. New development and redevelopment projects located in, or directly adjacent to, or discharging directly to a significant ecological area (SEA), as defined, where the development will:
a. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and
b. Create and/or replace two thousand five hundred square feet or more of impervious surface area;
5. The priority development project structural BMP performance requirements of the municipal NPDES permit are applicable to redevelopment priority development projects as follows:
a. Where redevelopment results in an alteration to more than fifty percent of the impervious surface area of a previously existing development the entire project must be mitigated;
b. Where redevelopment results in an alteration to less than fifty percent of the impervious surface area of a previously existing development only the alteration must be mitigated, and not the entire development.
B. Street and road construction of ten thousand square feet or more of impervious surface area 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. Street and road construction applies to standalone streets, roads, highways, and freeway projects. Projects under this category shall follow the city’s green street policy and are exempt from the priority development project structural BMP performance requirements of the municipal NPDES permit.
C. Exceptions. Notwithstanding subsections A and B of this section, the following activities or projects do not constitute new development or redevelopment:
1. Routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety.
2. Discretionary permit projects with a valid vesting tentative map.
D. Incorporation of municipal NPDES permit planning and land development program requirements into project plans.
1. New development and redevelopment projects are required to control pollutants and stormwater runoff volume from the project site. To the extent that the city may lawfully impose conditions, mitigation measures, or other requirements on a development project, a new development or redevelopment project shall:
a. Conserve natural areas, soils and vegetation;
b. Minimize disturbances to natural drainage patterns;
c. Minimize and disconnect impervious surfaces including the avoidance of direct connection of area drains or roof drains to the public right-of-way via curb cores or other means of direct connection to the MS4;
d. Minimize soil compaction; and
e. Direct surface flow from impervious areas to permeable areas before discharge unless the diversion would result in slope instability.
2. Prior to the issuance of any grading, building, or construction permit, an applicant for a new development or a redevelopment project identified in subsection A of this section shall incorporate into the applicant’s project plans a post-construction stormwater mitigation plan which includes site design elements for stormwater management and BMP placement, detailed sizing calculations for structural BMPs and/or pollutant removal performance for treatment control BMPs necessary to control stormwater runoff and pollution from the completed project.
3. Priority Development Project Structural BMP Performance Criteria.
a. Post-construction stormwater control measures are required for all new development and redevelopment projects identified in subsection A of this section unless alternative control measures are approved as provided in the municipal NPDES permit. Post-construction stormwater control measures must be implemented to retain on site the stormwater quality design volume (SWQDv) from the project site defined as runoff from either:
(1) The three-quarter-inch, twenty-four-hour rain event; or
(2) The eighty-fifth percentile, twenty-four-hour rain event, whichever is greater.
b. Structural BMPs shall meet the design specifications and on-site retention potential outlined in the municipal NPDES permit.
4. For projects unable to retain one hundred percent of the SWQDv on site due to technical infeasibility as defined in the municipal NPDES permit, such projects must implement alternative compliance measures in accordance with the municipal NPDES permit. To be eligible for alternative compliance measures due to technical infeasibility, the project applicant must submit a site-specific hydrologic and/or design analysis consistent with technical infeasibility demonstration requirements of the municipal NPDES permit conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect for approval by the city. Structural or treatment control BMPs (also known as post-construction stormwater control measures or post-construction stormwater BMPs) set forth in project plans shall meet the priority development project structural BMP performance requirements of the current municipal NPDES permit in the following order of preference:
a. On-site infiltration, bioretention and/or rainfall harvest and use;
b. Where subsection (D)(4)(a) of this section is infeasible, then on-site biofiltration, off-site groundwater replenishment, and/or off-site retrofit; or
c. On-site treatment where subsections (D)(4)(a) and (b) of this section are infeasible.
5. Hydromodification Management Requirements.
a. Priority development projects located within natural drainage systems as defined in PVEMC 13.08.010 must implement hydrologic control measures consistent with hydromodification management requirements of the municipal NPDES permit to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems.
(1) Priority development projects disturbing an area less than or equal to one acre may satisfy the hydromodification management requirements of the municipal NPDES permit by meeting the priority development project structural BMP performance requirements of the municipal NPDES permit.
(2) Priority development projects disturbing an area greater than one acre within natural drainage systems must demonstrate that one of the hydromodification management control criteria in the municipal NPDES permit is met as applicable for the disturbed area of the project or, alternatively, may demonstrate that the hydromodification requirements in the current county of Los Angeles Low-Impact Development Manual are met as applicable for the disturbed area of the project.
b. Exemptions. The following new development and redevelopment projects are exempt from implementation of hydromodification controls where assessments of downstream channel conditions and proposed discharge hydrology indicate that adverse hydromodification effects are unlikely:
(1) Projects that are replacement, maintenance, or repair of an existing flood control facility, storm drain, or transportation network;
(2) Redevelopment projects in the urban core that do not increase the effective impervious area or decrease the infiltration capacity of pervious areas compared to conditions prior to the project;
(3) Projects with any increased discharge, directly or through a storm drain, to a sump, lake, area under tidal influence, into a waterway with a one-hundred-year peak flow of twenty-five thousand cubic feet per second or greater, or other receiving water that is not susceptible to impacts of hydromodification; and
(4) Projects that discharge, directly or through a storm drain, into concrete or other engineered channels which discharge into a receiving water that is not susceptible to impacts of hydromodification as described in subsection (D)(5)(b)(3) of this section.
(5) LID BMPs implemented on single-family home projects are sufficient to comply with hydromodification criteria.
E. Issuance of Discretionary Permits. No discretionary permit may be issued for any new development or redevelopment project identified in subsection A of this section until the authorized enforcement officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements.
F. Issuance of Final Approval. As a condition for issuing final approval for new development or redevelopment projects identified in subsection A of this section, the authorized enforcement officer shall require property owners or their representative(s) to build all the stormwater pollution control BMPs and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the municipal NPDES permit and other applicable regulatory requirements and including the following words:
SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE UNDERSTAND AND ACKNOWLEDGE THAT WE, THE UNDERSIGNED, ARE RESPONSIBLE FOR THE COST OF CORRECTING ANY DEFICIENCY IN THE PERFORMANCE OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OF EVASION AND OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
With the exception of simple LID BMPs (as defined in PVEMC 13.08.010) implemented on single-family residences, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for structural BMPs, treatment control BMPS, and hydromodification control BMPs including but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/or other legally binding maintenance agreements. The operation and maintenance plan and maintenance records shall be kept on site and available for review by the city’s authorized enforcement officer upon request.
G. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMPs.
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 to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new structural or treatment control BMPs meeting the current standards of the city and the municipal NPDES permit. 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 and proper operation and maintenance.
2. For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance.
3. If structural or treatment control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.
H. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for stormwater mitigation required under the California Environmental Quality Act. (Ord. 757 § 1 (Exh. A), 2022)
13.08.070 Enforcement.
A. The authorized enforcement officer or designee and authorized representatives thereof are authorized and directed to enforce all provisions of this chapter.
B. Authorized officers may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the municipal NPDES permit, including the prohibition of nonstormwater discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or nonstormwater runoff. The inspections provided for herein may include but are not limited to:
1. Inspecting efficiency or adequacy of construction or post-construction BMPs;
2. Inspecting, sampling and testing any area runoff, soils in areas subject to runoff, and/or treatment system discharges;
3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems;
4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and
5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge.
C. Facility Inspections. Commercial and industrial facilities as defined under the municipal NPDES permit or identified by the city to be sources of pollutants shall be periodically inspected by the director of public works, authorized enforcement officer, building official, or representative thereof. Inspections shall be conducted no less than biennially and as often as necessary as the director of public works deems appropriate to verify compliance with this chapter. If the inspector finds that the facility or site operator has failed to adequately implement all necessary BMPs, a follow up inspection will be conducted within four weeks from the date of the initial inspection.
D. For the first failure to comply with any provision of this chapter or any applicable requirement of the municipal NPDES permit, the authorized enforcement officer shall issue to the violator a notice explaining the issues associated with stormwater pollution and warning of the nature of the violation. Such notice shall include information as to the action required to be taken to correct the violation, if any, and the time within which such action shall be completed. Such notice shall also contain information as to the fines and costs which may be imposed for failure to comply with the notice to correct and/or for subsequent violations of this chapter.
E. Any person who fails to comply with any provision of any notice issued pursuant to subsection D of this section within the time period(s) set forth therein shall be guilty of a misdemeanor.
F. Any person who fails to comply with any of the provisions of this chapter by undertaking any subsequent action prohibited by this chapter after having received notice pursuant to subsection D shall be guilty of a misdemeanor.
G. The city may declare any violation of this chapter a public nuisance, and abate it in accordance with the procedures of Chapter 8.48 PVEMC.
H. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by a civil action brought by the city.
I. The remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 757 § 1 (Exh. A), 2022)