Chapter 17.90
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) COMPLIANCE
Sections:
17.90.020 Stormwater Pollution Prevention Plan (SWPPP).
17.90.030 Wet Weather Erosion Control Plans (WWECP).
17.90.040 Stormwater Pollution Prevention Plan, Effect of Noncompliance.
17.90.050 Noncompliance Penalties.
17.90.010 General.
All grading plans and permits and the owner of any property on which such grading is performed shall comply with the provisions of this section for NPDES compliance.
All best management practices shall be installed before grading begins or as instructed in writing by the City Engineer for unpermitted grading as defined by Section 17.81.030 (Unpermitted Grading). As grading progresses, all best management practices shall be updated as necessary to prevent erosion and to control construction related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the City Engineer and all permanent drainage and erosion control systems, if required, are in place. Failure to comply with this section is subject to “noncompliance penalties” pursuant to Section 17.95.050 (Noncompliance Penalties). Payment of a penalty shall not relieve any persons from fully complying with the requirements of this code in the execution of the work. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.90.020 Stormwater Pollution Prevention Plan (SWPPP).
The City Engineer may require a SWPPP. The SWPPP shall contain details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction related pollutants which originate from the site as a result of construction related activities. When the City Engineer requires a SWPPP, no grading permit shall be issued until the SWPPP has been submitted to, and approved by, the City Engineer.
For unpermitted grading, as defined by Section 17.81.030 (Unpermitted Grading), upon written request a SWPPP in compliance with the provisions of this section and Section 10.04.070 (Construction Activity Stormwater Measures) for NPDES compliance shall be submitted to the City Engineer. Failure to comply with this section is subject to “noncompliance penalties” pursuant to Section 17.90.050 (Noncompliance Penalties). Payment of a penalty shall not relieve any persons from fully complying with the requirements of this code in the execution of the work. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.90.030 Wet Weather Erosion Control Plans (WWECP).
When a grading permit is issued and the City Engineer determines that the grading will not be completed prior to November 1st, the owner of the site upon which the grading is being performed shall, on or before October 1st, file or cause to be filed a WWECP with the City Engineer. The WWECP shall include specific best management practices to minimize the transport of sediment and protect public or private property from the effects of erosion, flooding, or the deposition of mud, debris, or construction related pollutants. The best management practices shown on the WWECP shall be installed on, or before, October 15th. The plans shall be revised annually or as required by the City Engineer to reflect the current site conditions.
The WWECP shall be accompanied by an application for plan check services and plan check fees in an amount to be determined by the City Engineer, up to, but not exceeding, ten percent (10%) of the original grading plan check fee. The fee shall be in accordance with the City’s current fee schedule established by the Council.
Failure to comply with this section is subject to “noncompliance penalties” pursuant to Section 17.90.050 (Noncompliance Penalties). Payment of a penalty shall not relieve any persons from fully complying with the requirements of this code in the execution of the work. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.90.040 Stormwater Pollution Prevention Plan, Effect of Noncompliance.
Should the owner fail to submit the SWPPP or WWECP, or fail to install the best management practices, it shall be deemed that a default has occurred under the conditions of the grading permit security. The City Engineer may thereafter enter the property for the purpose of installing, by City forces or by other means, the drainage, erosion control, and other devices shown on the approved plans, or if there are no approved plans, as the City Engineer may deem necessary to protect adjoining property from the effects of erosion, flooding, or the deposition of mud, debris, or construction related pollutants.
The City Engineer may cause the owner of the site to be prosecuted as a violator of this code. In the event the City Engineer elects to prosecute the owner as a violator of this code, he or she may still perform the actions described in the above paragraph. The City Engineer shall have the authority to collect the penalties imposed on the permittee according to Section 17.90.050 (Noncompliance Penalties) upon determining that the requirements of this section have not been complied with. Payment of a penalty shall not relieve any persons from fully complying with the requirements of this code in the execution of the work. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.90.050 Noncompliance Penalties.
If a SWPPP or WWECP is not submitted as prescribed in Sections 17.90.020 (Stormwater Pollution Prevention Plan (SWPPP)) and 17.90.030 (Wet Weather Erosion Control Plans (WWECP)) the following penalties will apply:
|
Grading Permit Volume |
Penalty |
|---|---|
|
One (1)—ten thousand (10,000) cubic yards |
Fifty dollars ($50) per day |
|
Ten thousand and one (10,001)—one hundred thousand (100,000) cubic yards |
Two hundred fifty dollars ($250) per day |
|
More than one hundred thousand (100,000) cubic yards |
Five hundred dollars ($500) per day |
If the best management practices for stormwater pollution prevention and wet weather erosion control, as approved by the City Engineer, are not installed as prescribed in Section 17.90.010 (General) the following penalties will apply:
|
Grading Permit Volume |
Penalty |
|---|---|
|
One (1)—ten thousand (10,000) cubic yards |
One hundred dollars ($100) per day |
|
Ten thousand and one (10,001)—one hundred thousand (100,000) cubic yards |
Two hundred fifty dollars ($250) per day |
|
More than one hundred thousand (100,000) cubic yards |
Five hundred dollars ($500) per day |
A. Costs and Penalties. The penalties imposed by this section, if not paid within thirty (30) days from the date of the notice, shall become a special assessment against the property.
B. Notice of Violation.
1. General. The City Engineer may record a notice of violation with the Los Angeles County Recorder’s Office when a property is in violation of Section 17.90.010 (General). Recordation of such notice shall be subject to the provisions of subsections (B)(2) and (3) of this section. The remedy provided by this section is cumulative to any other enforcement action permitted by this code.
2. Recordation. If (1) the City Engineer determines that any property is in violation of this section; and if (2) the City Engineer gives written notice as specified below of said violation; and if (3) within thirty (30) days of said notice, the property is not brought into compliance with this code, the City Engineer may, at their sole discretion, at any time thereafter, record with the County Recorder’s Office a notice that the property is in violation of this code.
3. Contents of Notice. The written notice given pursuant to this section shall indicate:
a. The nature of the violation(s).
b. Acknowledgment that if the violation is not remedied to the satisfaction of the City Engineer within thirty (30) days, the City Engineer may, at any time thereafter, record with the County Recorder’s Office a notice that the property is in violation of this code. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized Los Angeles County assessment roll. The mailed notice may be registered, certified, or first class mail. The thirty (30) day period for achieving compliance with this code shall run from the date the property is posted or from the date of the mailing of the notice, whichever is later.
c. Rescission. Any person who desires to have recorded a notice rescinding the notice of violation may present evidence of compliance and payment of penalty fees and costs to the City Engineer. The costs incurred by the City Engineer in the investigation of such violations and the processing of the notice and notification of concerned parties shall be determined by the City Engineer. If the City Engineer determines that such fees have been paid and such costs have been recovered by the City, or that such fees and costs have been placed on the tax rolls as a special assessment, pursuant to Section 25845 of the Government Code, the City Engineer shall record a notice rescinding the prior notice of violation. (Ord. 13-8 § 4 (Exh. A), 6/11/13)