Chapter 6.67 STORM DRAINS

Chapter 6.67
STORM DRAINS

Sections:

6.67.020 Illicit connections and illicit discharges.

6.67.010 General provisions.

A. Purpose and Intent. The purpose of this chapter is to protect the public health, welfare and safety and to reduce the quantity of pollutants being discharged to the waters of the United States. This chapter has the following objectives:

1. The elimination of non-stormwater discharges to the municipal separate storm sewer system;

2. The elimination of spillage, dumping and disposal of pollutants into the municipal separate storm sewer system;

3. The reduction of pollutants in stormwater discharges to the maximum extent practicable;

4. The protection and enhancement of the quality of the waters of the United States in a manner consistent with the provisions of the Clean Water Act (CWA);

5. The reduction and contribution of pollutants from the MS4 through interagency coordination.

B. Definitions. For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

1. “Best management practices” (“BMPs”). BMPs are practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water.

2. “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.

3. “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 section, 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 biofiltration.

4. “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.

5. “Building official” shall be the current building official of the city or his/her authorized deputy, agent, representative or inspector.

6. “City” means the city of South Gate.

7. “City manager” means the current city manager as appointed by the city council to carry out its policies and ensure that the community is served in a responsive manner.

8. “CFR” means the current issue of the Code of Federal Regulations.

9. “Construction” means construction, clearing, grading, structure teardown or excavation that results in soil disturbance. It does not include projects solely involving: routine maintenance to maintain original line and grade, hydraulic capacity or original purpose of facility or emergency construction activities required to immediately protect public health and safety, or interior remodeling or mechanical, electrical and sign permit work.

10. “Construction general permit” means the general permit for discharges of stormwater associated with construction activity issued by the State Water Resource Control Board.

11. “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.

12. “Director of community development” means the current director of the department of community development of the city or his or her duly authorized deputy, agent, designee, representative or inspector.

13. “Director of public works” means the current director of the department of public works of the city or his or her duly authorized deputy, agent, designee, representative or inspector.

14. “Discharge” means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.

15. “Discharge of pollutants” means any addition of “pollutant” or combination of pollutants to “waters of the United States” from any “point source” or any addition of any pollutant or combination of pollutants to the waters of the “contiguous zone” of the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term “discharge” includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owner treatment works.

16. “Disturbed area” means an area that is altered as a result of clearing, grading, and/or excavation.

17. “Exempted discharges” means any discharge to the municipal separate storm sewer system that is not subject to the provisions of this chapter. Exempted discharges are listed in Section 6.67.020(B)(2).

18. “Good housekeeping” means any practice for the storage, use, handling or cleanup of materials in a manner that minimizes the discharge of pollutants in stormwater runoff.

19. “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.

20. “Illicit connection” means any manmade conveyance that is connected to the municipal separate storm sewer system without a permit.

21. “Illicit discharge” means any non-stormwater discharge that is neither permitted by a valid NPDES permit nor considered an exempted discharge under Section 6.67.020(B).

22. “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 modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.

23. “Low impact development (LID)” consists of building and landscape features designed to retain or filter stormwater runoff.

24. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including, but not limited to, 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 CWA Section 208 that discharges to waters of the United States;

b. Designed or used collecting or conveying stormwater;

c. Which is not a combined sewer; and

d. Which is not part of a publicly owned treatment works (POTW).

25. “National pollutant discharge elimination system (NPDES)” refers to the NPDES program pursuant to CWA Section 402 that applies the technology and water quality based requirements of the CWA to a particular discharger.

26. “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.

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

28. “Non-stormwater discharge” means any discharge into the MS4 or from the MS4 into a receiving water that is not directly generated by and composed entirely of stormwater.

29. “Owner” when applied to a building or land, means any part owners, joint owner, community property owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

30. “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

31. “Pollutant” means those “pollutants” defined in CWA Section 502(6) (33 U.S.C. Section 1362(6)), and incorporated by reference into California Water Code Section 13373. Pollutants may include, but are not limited to:

a. Artificial materials, chips or pieces of natural or manmade materials;

b. Household waste;

c. Commercial and industrial waste;

d. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium and nonmetals such as phosphorus and arsenic;

e. Petroleum hydrocarbons;

f. Excessive eroded soils, sediment and particulate materials;

g. Animal wastes;

h. Substances having characteristics such as pH less than six or greater than nine, unusual coloration or turbidity, excessive levels of fecal coliform, fecal streptococcus or enterococcus;

i. Waste materials and wastewater generated by construction activities;

j. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;

k. Materials which contain base/neutral or acid extractable organic compounds;

l. Those pollutants defined in Section 1362(6) of the Clean Water Act;

m. Any other constituent or material that may interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.

32. “Planning priority projects” means those projects that are required to incorporate appropriate stormwater mitigation measures into the design plan for their respective project.

33. “Premises” means any building, lot, parcel of land, land or portion of land whether improved or unimproved.

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

35. “Redevelopment” means land-disturbing activity that results in the creation, addition or replacement of at least five thousand square feet or more of impervious surfaces on an already development site, or as established by resolution of the city council. Redevelopment includes, but is not limited to, the expansion of a building footprint or addition or replacement of a structure; replacement of impervious surface 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. Existing single-family structures are exempt from the development requirements, unless such projects create, add, or replace 10,000 square feet of impervious surface area.

36. “Regional board” means the California Regional Water Quality Control Board, Los Angeles Region.

37. “Runoff” means any runoff including stormwater and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.

38. “Significant material” includes, but is not limited to:

a. Raw materials;

b. Fuels;

c. Materials such as solvents, detergents and plastic pellets;

d. Finished materials such as metallic products;

e. Raw materials used in food processing or production;

f. Hazardous substances designated under Section 101(14) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);

g. Any chemical a facility is required to report pursuant to Section 313 of Title III of Superfund Amendments and Reauthorization Act (SARA);

h. Fertilizers;

i. Pesticides; and

j. Waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

39. “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.

40. “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.

41. “Storm water” or “stormwater” means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 Fed. Regs. 47990 and 47995 (Nov. 16, 1990)).

42. “Stormwater Quality Design Volume (SWQDv)” means the runoff from the eighty-fifth percentile twenty-four-hour runoff event as determined from the Los Angeles County eighty-fifth percentile precipitation isohyetal map; or the volume of runoff produced from a three-quarter-inch, twenty-four-hour rain event, whichever is greater.

43. “Stormwater treatment system” means any physical system designed and/or used to reduce the concentrations of pollutants in stormwater runoff.

44. “Stormwater runoff” refers to a part of precipitation which travels via flow across a surface to the municipal separate storm sewer system or receiving waters.

45. “Structural BMP” shall mean any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution, including source control and treatment control BMPs.

46. “Treatment control BMP” shall mean 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.

47. “Watershed management program” means the city’s stormwater program to implement the requirements of the NPDES MS4 permit.

C. Responsibility for Administration. Responsibility for the administration and implementation of this chapter is delegated to the director of community development.

1. Delegation of Powers. Whenever a power is granted to or a duty is imposed upon the director of community development by this chapter, that power may be exercised or the duty may be performed by a duly authorized deputy, agent, designee, representative or inspector of the director of community development, unless this chapter expressly provides otherwise.

D. Regulatory Consistency. The provisions of this chapter shall take precedence over any inconsistent or conflicting provisions of this code.

E. Time Limits. Any time limit provided for in the provisions of this chapter may be extended in a manner consistent with federal and state regulations, by mutual written consent of the director of community development and the permittee, applicant, or other affected person, consistent with the NPDES permit.

F. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof, is held invalid, or unconstitutional, such decision shall not affect the validity of the chapter as a whole or the remaining section or portions of this chapter or part thereof, other than the section or portion so declared to be unconstitutional or invalid. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phases may be declared invalid or unconstitutional.

G. Fees. Fees to be charged for plan checking, inspection, enforcement and any other activities carried out by the city under this chapter shall be specified by ordinance or resolution of the city council.

H. Taking. The provisions of this chapter shall not operate to deprive any landowner of substantially all of the market value of his/her property or otherwise constitute an unconstitutional taking without compensation. If application of this chapter to a specific project would create a taking, then pursuant to this chapter, the city council may allow additional land uses, but only to the extent necessary, to avoid a taking. Such uses shall be consistent with and carry out the purposes of this chapter.

(Ord. 2310 § 1, 11-26-13: Ord. 2307 § 1, 9-10-13: Ord. 2103 § 1 (part), 8-26-02; Ord. 2017 § 1 (part), 1996)

6.67.020 Illicit connections and illicit discharges.

A. Illicit Connections.

1. Prohibition of Illicit Connections. No illicit connection to the municipal separate storm sewer system may be established or maintained and any illicit connection is in violation of this chapter. This prohibition is expressly retroactive and applies to connections made in the past, even if the connection was permitted under the law or practices applicable to and prevailing at the time of the connection.

2. Removal of Existing Illicit Connections. All illicit connections must be removed or otherwise sealed in a manner approved by the director of public works.

B. Illicit Discharges.

1. Illicit Discharges Prohibited. It is a violation of this chapter for a person to cause any illicit discharge to enter the municipal separate storm sewer system unless that discharge is:

a. A non-stormwater discharge authorized by and consistent with the provisions of a valid NPDES permit; provided, that the discharge is in full compliance with all requirements of the permit and other applicable laws and regulations;

b. An exempted discharge; or

c. Is deemed by the director of public works or authorized representative to be necessary to the public health, safety or welfare.

2. Exempted Discharges. Are those non-stormwater discharges which are covered by a separate individual or general NPDES permit or which fall within one of the categories below, and meet all conditions when specified by the regional board executive officer and include:

i. Natural springs and rising ground water;

ii. Flows from riparian habitats or wetlands;

iii. Stream diversions, permitted by the State Board;

iv. Uncontaminated ground water infiltration (as defined by 40 CFR 35.2005(20)) flows from emergency fire fighting activity; and

v. Discharges identified in Part II.A.2 of the 2012 NPDES MS4 permit.

Specific non-stormwater discharges may be added to the list of exempted discharges when, in the opinion of the director of public works, such discharges would not pose an actual or potential threat to water quality.

3. Cleanup of Illicit Discharges Required. If a person responsible for an illicit discharge is identified, it is the responsibility of that person to clean up the illicit discharge to the satisfaction of the director of public works in a timely manner.

C. Accidental Discharges.

1. Immediate Notification Required. In the event of an uncontrolled discharge of a pollutant or pollutants or a mixture containing a pollutant or pollutants, the discharger shall immediately notify the city of the incident by telephone. The notification shall include the location of the discharge, the type, concentration and volume of material being discharged, and any corrective actions taken.

2. Written Notification Required. Within ten days after the uncontrolled discharge, the discharger shall submit to the city a detailed written report describing the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger of liability or fines incurred as a result of the uncontrolled discharge.

D. Littering. It is a violation of this chapter for any person to throw, deposit, discard, place, leave, maintain, keep or permit to be thrown, deposited, discarded, placed, left, maintained or kept any refuse, rubbish, garbage, trash or other waste material in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, drainage structure, business place, or upon any public or private plot of land in the city, except in containers, recycling bags, or other lawfully established waste disposal facilities.

E. Use of Discontinued or Banned Chemicals. It is a violation of this chapter for any person to discharge to the municipal separate storm sewer system any pesticide, herbicide or fungicide banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation.

(Ord. 2310 § 2, 11-26-13: Ord. 2105 § 1 (part), 8-26-02: Ord. 2017 § 1 (part), 1996)

6.67.030 Pollutant source reduction.

A. General Provisions.

1. Leaking Machinery. No industrial machinery, equipment or device shall be allowed to leak, spill or discharge in any manner oil, grease or other pollutant onto any street, alley, road, parking lot or surface in the city whereon such pollutants can or may be conveyed to the municipal separate storm sewer system by stormwater or non-stormwater runoff.

2. Equipment Repair. The repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids or antifreeze in areas exposed to stormwater runoff is prohibited.

3. Storage. Objects such as motor vehicle parks containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials shall not be stored in areas susceptible to stormwater runoff.

4. Potentially Harmful Materials. Fuel and chemical residue and wastes, animal waste, garbage, batteries or other types of materials that are located in areas susceptible to or exposed to stormwater, and which in the opinion of the director of public works could have potential adverse impacts on water quality shall be managed by appropriate and effective best management practices or shall be removed immediately and disposed of properly.

5. Hazardous Materials. Household hazardous waste may not be disposed of in trash containers. Other hazardous materials shall be disposed of at a licensed hazardous waste facility and not in municipal trash receptacles.

6. Landscape Debris. No person shall intentionally dispose of leaves, dirt or other landscape debris into the municipal separate storm sewer system or other appurtenance, including streets or tributaries.

7. The discharge of any food or food processing waste to the storm drain system is prohibited.

8. Discharges to the storm drain system of any pesticide, fungicide or herbicide, banned by the U.S. EPA or the California Department of Pesticide Regulation is prohibited.

B. Industrial and Commercial Sources.

1. Regulatory Compliance. No person shall conduct any industrial activity in the city without first obtaining all permits required by city, state or federal law, including an NPDES industrial general permit when required.

2. Discharge of Wash Water. The discharge of untreated wash waters to the municipal separate storm sewer system from the cleaning of any business.

3. Discharge from Mobile Operations. The discharge of untreated wastewater from mobile automobile washing, steam cleaning, mobile carpet cleaning and other such mobile commercial and industrial operations to the municipal separate storm sewer system is prohibited.

4. Parking Lot Sweeping. All commercial and industrial parking lots containing over twenty-five parking spaces shall be required to be regularly swept or cleaned by other equally effective methods, such as vacuum sweeping, to remove debris, and no water or debris from cleaning such parking lots may be discharged to the municipal separate storm sewer system.

5. Storage Area Runoff. The discharge of untreated runoff to the municipal separate storm sewer system from areas which store materials containing grease, oil or other hazardous substances, and uncovered receptacles containing hazardous materials is prohibited.

6. Commercial/Municipal Swimming Pools. The discharge of filter backwash from commercial and municipal swimming pools is prohibited.

7. Toxic Materials. The discharge of untreated runoff from the washing of pollutants from paved or unpaved storage or equipment areas to the municipal separate storm sewer system is prohibited.

8. Impervious Surfaces. The discharge from washing of impervious surfaces in industrial and commercial areas into the municipal separate storm sewer system, unless specifically required by state or local health and safety codes, is prohibited.

9. Concrete Trucks. Discharge to the municipal separate storm sewer system from the washing out of concrete trucks is prohibited.

10. Equipment Repair and Maintenance. All equipment and machinery is to be repaired or maintained such that leaks, spills and other maintenance-related pollutants are not discharged to the municipal separate storm sewer system.

11. Industrial facilities not subject to the industrial general NPDES permit but subject to pollution control requirements under the municipal NPDES permit, shall implement BMPs prescribed by the regional board or its executive officer, through programs or actions made pursuant to the municipal NPDES permit.

12. Treatment Systems. Stormwater clarifiers, separators, sediment ponds and other stormwater treatment systems shall be kept in proper operating condition and maintained according to product specifications and site characteristics to maintain effectiveness in reducing the discharge of pollutants in order to achieve water quality standards/receiving water limitations. Documentation on operation and maintenance activities shall be retained on site at all times, and made available upon request by an authorized enforcement officer. All facilities shall be constructed and installed to permit easy and safe access for maintenance and inspection at all times.

Treatment systems shall be approved by the director of public works prior to installation and operation. The director shall require plans and supporting information as necessary for the evaluation of the treatment systems.

C. Construction Pollution Reduction.

1. Regulatory Compliance. All persons engaged in construction activity within the city shall operate in compliance with all state and federal laws regulating or pertaining to stormwater management and runoff. Proof of compliance may be required by the director of community development or building official prior to the issuance of any grading, building or occupancy permit or any other type of permit or license issued by the city.

2. Copies of Documents. All persons engaged in construction activity within the city requiring a state construction activity stormwater permit shall have at the construction site available for review:

a. A copy of the notice intent for the state construction activities stormwater permit;

b. The waste discharge identification number issued by the State Water Resources Control Board; and

c. Copies of the stormwater pollution prevention plan and stormwater monitoring plan as required by the permit.

3. Construction projects equal to or greater than one acre, but less than five acres, shall prepare and submit a local stormwater pollution prevention plan consistent with the most recent countywide development planning model program and construction general permit to the city manager or duly authorized representative thereof for review and approval prior to the issuance of any site plan approval, entitled of use or grading or building permits.

4. Notice of Intent to Comply. No grading, building, demolition, or other permit shall be issued by the division of building and safety for developments with a disturbed area of one acre or greater unless the applicant can show that a notice of intent to comply with the state construction general permit has been filed and that a stormwater pollution prevention plan has been prepared for the project.

5. Standard Best Management Practices. Stormwater runoff containing sediment, construction waste or other pollutants from the construction site and parking areas shall be reduced to the maximum extent practicable. The following BMPs shall apply to all existing structure or commencement of construction where no demolition is necessary, until receipt of a certificate of occupancy.

a. Sediment, construction waste and other pollutants from construction activities shall be retained on the construction site to the maximum extent practicable.

b. Structural controls such as sediment barriers, plastic sheeting, detention ponds, dikes and filter berms shall be utilized to the maximum extent practicable in order to minimize the escape from the site of sediment and other pollutants.

c. All excavated soil shall be located on the site in a manner that minimizes the amount of sediments running onto the street, drainage facilities or adjacent properties. Between October 1st and April 30th, such excavated soil shall be covered with waterproof material until the soil is either used or removed from the site.

d. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicles or other vehicles on the construction site is permitted to run off the construction site and enter the municipal separate storm sewer system.

e. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site.

f. Erosion from slopes and channels must be controlled.

6. Vegetation Clearing Limits. As a condition of granting a construction permit, the city may set reasonable limits on the clearing of natural vegetation from construction sites, in order to reduce the potential for soil erosion. These limits may include, but not be limited to, regulating the length of time soil is allowed to remain bare or prohibiting bare soil.

7. Additional Plans. The building official may require, prior to the issuance of any permit, preparation of appropriate wet weather erosion control, stormwater pollution prevention or other plans consistent with the county-wide development construction guidance document and the goals of this chapter.

D. New Development/Redevelopment Pollutant Reduction.

1. Low Impact Development (LID) Plan. An applicant shall submit an LID plan to the department of community development prior to the submittal of an application for the first planning or building approval for a new planning priority project development project. This section 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. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section. The following projects for new development and redevelopment, if subject to discretionary project approval in the zoning ordinance of the city, shall require a LID plan that complies with the current municipal NPDES permit:

a. Other than those listed below, all development projects equal to one acre or greater of disturbed area that adds more than ten thousand square feet of impervious surface area.

b. Industrial parks of one acre or more. After June 15, 2014, industrial parks with ten thousand square feet or more of surface area.

c. Commercial malls of one acre or more. After June 15, 2014, commercial malls with ten thousand square feet or more of surface area.

d. Retail gasoline outlets with five thousand square feet or more of surface area.

e. Restaurants with five thousand square feet or more of surface area.

f. Parking lots with five thousand square feet or more of impervious surface area, or with twenty-five or more parking spaces.

g. Unless otherwise provided by resolution of city council through green street policy, streets and roads construction with ten thousand square feet or more of impervious surface area. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.

h. Automotive service facilities with five thousand square feet or more of surface area.

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

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

ii. Create two thousand five hundred square feet or more of impervious surface area.

j. Single-family hillside properties.

k. Redevelopment Projects.

i. Construction activity that results in the creation, addition or replacement of five thousand square feet or more of impervious surface area on an already developed site of one of the projects identified in this subsection.

ii. Where redevelopment results in an alteration to more than fifty 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.

iii. Where redevelopment results in an alteration to less than fifty 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.

iv. 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.

v. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand square feet of impervious surface area.

2. Requirements. The site for every project identified in subsection (D)(1) of this section 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. The project applicant shall prepare a LID plan which implements set LID standards and practices for stormwater pollution mitigation and provides documentation to demonstrate compliance with the municipal NPDES permit on the plans and permit application submitted to the city. Such a LID plan shall comply with the following:

a. A new single-family hillside home development or redevelopment shall include mitigation measures to:

i. Conserve natural areas;

ii. Protect slopes and channels;

iii. Provide storm drain system stenciling and signage;

iv. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

v. Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.

b. Street and road construction of ten thousand square feet or more of impervious surface shall follow U.S. EPA guidance regarding managing wet weather with the city’s most current green streets manual to the maximum extent practicable.

c. The remainder of projects identified in subsection (C)(1) of this section shall prepare a LID plan to comply with the following:

i. Retain stormwater runoff on site for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from the eighty-fifth percentile twenty-four-hour runoff event as determined from the Los Angeles County eighty-fifth percentile precipitation isohyetal map; or the volume of runoff produced from a three-quarter-inch, twenty-four-hour rain event, whichever is greater.

ii. Minimize hydromodification impacts to natural drainage systems.

3. City Review and Requirements. No discretionary permit may be issued for any new development or redevelopment project identified in subsection (D) 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. Where redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, the entire project must be mitigated. Where redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

4. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of occupancy for new development or redevelopment project identified in subsection (D) of this section, the authorized enforcement officer shall require facility operators and/or owners to build all the stormwater pollution control best management practices 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.

5. Technical Infeasibility. Full or partial waivers of compliance with the requirements of this section may be obtained where the project applicant shows by application in writing that the incorporation and design elements that address the objectives set forth in this section are impracticable and are non-economical or otherwise physically impossible due to the site characteristics or other characteristics unique to the project. Any waiver request shall be in writing to the director of community development and may only be approved where permitted in accordance with the terms of the municipal NPDES permit.

a. To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain one hundred 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:

i. The infiltration rate of saturated in-situ soils is less than three-tenths inch 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;

ii. Locations where seasonal high groundwater is within five to ten feet of surface grade;

iii. Locations within one hundred feet of a groundwater well used for drinking water;

iv. Brownfield development sites or other locations where pollutant mobilization is a documented concern;

v. Locations with potential geotechnical hazards; and

vi. 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.

b. 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 the municipal NPDES permit.

c. Additional alternative compliance options such as off-site infiltration and groundwater replenishment projects may be available to the project site. The applicant should contact the director of community development to determine eligibility.

d. 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 by the municipal NPDES permit. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

i. Two-tenths inch per hour; or

ii. The one-year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

6. Exemptions from LID Requirements. The provisions of this subsection (D) do not apply to any of the following:

a. A development involving only emergency construction activity required to immediately protect public health and safety;

b. Infrastructure projects within the public right-of-way;

c. A development or redevelopment involving only activity related to gas, water, sewer, cable, or electricity services on private property;

d. A development involving only resurfacing and/or restriping of permitted parking lots, where the original line and grade, hydraulic capacity, and original purpose of the facility is maintained;

e. A project involving only exterior movie or television production sets, or facades on an existing developed site; or

f. A project not requiring a city building, grading, demolition or other permit for construction activity.

7. Any development that is exempted from LID requirements under subsection (D)(6) of this section has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein.

8. Plan Approval. Prior to the issuance of a permit by the division of building and safety for a new development or redevelopment project, the city shall evaluate the proposed project using the MS4 permit, and erosion and grading requirements of the city building official or director of community development to determine (i) its potential to generate the flow of pollutants into the MS4 after construction; and (ii) how well the LID plan for the proposed project meets the goals of this chapter. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the city may impose conditions upon the issuance of the building permit, in addition to any required by the State Construction General Permit for the project, in order to minimize the flow of pollutants into the MS4. The building official shall approve or disapprove of the LID plan within thirty calendar days of submittal. If the plan is disapproved, the reasons for disapproval shall be given in writing to the developer. Any plan disapproved by the building official may be revised by the developer and resubmitted for approval. A resubmitted plan will be approved or disapproved within thirty calendar days of submittal. No building permit shall be issued until an urban runoff mitigation plan has been approved by the building official.

9. Expiration of LID Plan. If no building permit has been issued or no construction has begun on a project within a period of one hundred eighty days of approval of a LID plan, the LID plan for that project shall resubmit all necessary forms and supporting data and include payment of new plan review fees, unless extended by the building and safety official consistent with the requirements of the recent California Building and Residential Codes.

E. Small Site New Development/Redevelopment Pollutant Reduction.

1. LID Manual for Small Sites. The LID manual for small sites shall be prepared, maintained, and updated, as deemed necessary and appropriate, by the director of community development or his/her designee and adopted through resolution of the city council. It shall set LID standards and practices for stormwater pollution mitigation, including urban and stormwater runoff quantity and quality control development principles and technologies for achieving the LID standards for projects not otherwise required to implement LID strategies by the MS4 permit. The LID manual for small sites shall also include technical feasibility and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the director of community development deems necessary.

2. Requirements. The site for projects not listed in subsection (D) of this section, but resulting in the creation or addition or replacement of eight hundred square feet or more of impervious surface area, or as established by resolution of city council shall be designed to control pollutants, pollutant loads, and runoff volume per the LID manual for small sites. The project applicant shall prepare a small site LID plan which implements set LID standards and practices, as identified in the LID manual for small sites for stormwater pollution mitigation, and provides documentation to demonstrate compliance with the LID manual for small sites on the plans submitted to the city. Such a small site LID plan shall comply with the following:

a. Stormwater runoff will be infiltrated, evapotranspired, captured and used, biofiltrated/biotreated through high removal efficiency LID BMP alternatives as identified in the LID manual for small sites, on site, through stormwater management techniques that comply with the provisions of the LID manual for small sites. To the maximum extent feasible, on-site stormwater management techniques must be properly sized, at a minimum, without any stormwater runoff leaving the site for at least the volume of water produced by the water quality design storm event that results from:

i. The eighty-fifth percentile twenty-four-hour rain event determined as the maximized capture stormwater volume for the area using a forty-eight- to seventy-two-hour draw down time; or

ii. The volume of runoff produced from a three-quarter-inch, twenty-four-hour rain event.

b. Pollutants shall be prevented from leaving the site for a water quality design storm event as defined above, unless the site has been treated through an approved LID strategy.

c. Any development of four or fewer units intended for residential use shall implement LID BMP alternatives identified in the LID manual for small sites for the residential LID category and provide documentation to demonstrate compliance on the plans and permit application submitted to the city.

d. Any development of five or more units intended for residential use or any development intended for nonresidential use shall implement LID BMP alternatives identified in the LID manual for small sites for the commercial/industrial LID category and provide documentation to demonstrate compliance on the plans and permit application submitted to the city.

e. For any construction activity resulting in an alteration of at least fifty percent or more of the impervious surfaces on an existing developed site, the entire site must comply with the standards and requirements stated above and with the LID manual for small sites.

f. For any construction activity resulting in an alteration of less than fifty percent of the impervious surfaces of an existing developed site, only such incremental development shall comply with the standards and requirements stated above and with the LID manual for small sites.

3. Technical Infeasibility.

a. When, as determined by the director of community development or his/her designee, the on-site LID requirements are technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted small site LID plan, shall be consistent with other city requirements, and shall be reviewed in consultation with the department of building and safety. The technical infeasibility may result from conditions that may include, but are not limited to:

i. Locations where seasonal high groundwater is within five to ten feet of surface grade;

ii. Locations within one hundred feet of a groundwater well used for drinking water;

iii. Brownfield development sites or other locations where pollutant mobilization is a documented concern;

iv. Locations with potential geotechnical hazards;

v. Locations with impermeable soil type as indicated in applicable soils and geotechnical reports; and

vi. The infiltration rate of saturated in-situ soils is less than three-tenths inch 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.

b. If partial or complete on-site compliance of any type is technically infeasible, as determined by the director of community development, the project site and LID plan will be granted a waiver from the requirements of this section and the LID manual for small sites. If a portion of the project site is deemed technically infeasible, the project applicant may propose an equivalent area within the same project area for LID. The director of community development may permit substitutions of equivalent areas upon request by the project applicant.

4. Exemptions from LID Requirements. The provisions of this subsection (E) do not apply to any of the following:

a. A development involving only emergency construction activity required to immediately protect public health and safety;

b. Infrastructure projects within the public right-of-way;

c. A development or redevelopment involving only activity related to gas, water, sewer, cable, or electricity services on private property;

d. A development involving only resurfacing and/or restriping of permitted parking lots, where the original line and grade, hydraulic capacity, and original purpose of the facility is maintained;

e. A project involving only exterior movie or television production sets, or facades on an existing developed site;

f. A project not requiring a city building, grading, demolition or other permit for construction activity;

g. Other exemptions and/or modifications as established by resolution of city council as it relates to the LID manual for small sites.

5. Any development that is exempted from LID requirements under subsection (D) of this section has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein.

6. City Review and Plan Approval.

a. Prior to the issuance of a permit for a small site, as described in this subsection (E)(2), the city shall evaluate the proposed project using the LID manual for small sites and erosion and grading requirements of the city building official or director of community development to determine (i) its potential to generate the flow of pollutants into the MS4 after construction; and (ii) how well the small site LID plan for the proposed project meets the goals of this chapter. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the city may impose conditions upon the issuance of the building permit, in order to minimize the flow of pollutants into the MS4.

b. The director of community development shall approve or disapprove of the small site LID plan within thirty calendar days of submittal, or within thirty days of approval of the development project by the planning commission, where planning commission approval is required. If the plan is disapproved, the reasons for disapproval shall be given in writing to the applicant. Any plan disapproved may be revised by the applicant and resubmitted for approval. A resubmitted plan will be approved or disapproved within thirty days of submittal. No building or grading permit shall be issued until a small site LID plan has been approved by the director of community development.

c. If no building permit has been issued or no construction has begun on a project within a period of one hundred eighty days of approval of a small site LID plan, the small site LID plan for that project shall expire. The director of community development may extend the time by written extension for action by the applicant for a period not to exceed one hundred eighty days upon written request by the applicant showing that circumstances beyond the control of the applicant prevented the construction from commencing. In order to renew the small site LID plan, the applicant shall resubmit all necessary forms and other data and pay a new plan review fee.

7. Transfer of Properties Subject to the Requirements of this Section.

a. The transfer or lease of a property subject to maintenance requirements for LID BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing LID BMP, or (b) replace an existing LID BMP with new control measures or BMPs meeting the then current standards of the city and MS4 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 LID BMPs at least once a year and retain proof of inspection.

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

c. If LID 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.

(Ord. 2310 § 3, 11-26-13: Ord. 2307 § 2, 9-10-13; Ord. 2282 § 1, 6-28-11; Ord. 2105 § 1 (part), Ord. 2017 § 1 (part), 1996)

6.67.040 Inspection and enforcement.

A. Authority. The director of public works, and duly authorized representatives thereof, are authorized and directed to enforce all provisions of this chapter.

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

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

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

C. Enforcement.

1. Notice to Correct Violations. The director of public works or duly authorized representatives may serve notice of violation upon a person owning or occupying a premises, describing the violations and requiring prompt correction thereof, when:

a. Pollutants or potential pollutants are being maintained, discharged or deposited in such a manner as to create, or if allowed to continue will create, any one or more of the following conditions:

i. A public nuisance,

ii. A menace to the public safety,

iii. Pollution of underground or surface waters, or

iv. Damage to any public sewer, municipal separate storm sewer system, or public or private property,

v. A violation of any provision of this chapter;

b. The person has failed to respond or comply with a previous notice of violation within the time period specified in the notice. Failure to comply with a duly served notice of violation shall constitute a willful violation of this chapter.

2. Cease and Desist Order. The director of public works may serve a cease and desist order upon a person owning or occupying a premises, requiring the person to:

a. Immediately discontinue any process water, waste water or pollutant discharge to the municipal separate storm sewer system;

b. Immediately block or divert any flow of water from the property, where the flow is occurring in violation of any provision of this chapter; and

c. Immediately discontinue any other violation of this chapter.

The cease and desist order may contain terms and conditions or other provisions to ensure compliance with this chapter.

3. Violation a Public Nuisance. A violation of any provision of this chapter is declared to be a public nuisance. The city may abate such violations by means of a civil action with all costs for such abatement and restoration to be borne by the party responsible for the nuisance.

4. Criminal Penalties. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction is punishable by fine and/or penalty as set forth in Chapter 1.56 (Penalty Provisions).

5. Continued Violations. Each day during which any violation described in this chapter as willful continues shall constitute a separate offense punishable as provided by this division.

6. Other Penalties. Any person who violates any of the provisions of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition or effluent limitation, also may be in violation of the Clean Water Act, 33 U.S.C. Section 1251 et seq., and/or Porter-Cologne Act, Cal. Water Code Section 13260 et seq., and may be subject to the sanctions of packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent an imminent hazard to the public’s health, safety or welfare.

D. Inspection Fees. For each site required to be inspected, in accordance with the NPDES municipal stormwater permit, an annual inspection fee as adjusted by the consumer price index by resolution of the city council.

E. Whenever necessary, interagency coordination will be employed to enforce the provisions of this chapter.

(Ord. 2310 § 4, 11-26-13: Ord. 2182 § 1, 8-24-04; Ord. 2017 § 1 (part), 1996)