The ordinance codified in this chapter shall be known as the “Storm Water and Urban Runoff Pollution Prevention Control Ordinance of the City of South Pasadena,” and may be referred to as such. (Ord. No. 2107, § 1; Ord. No. 2256, § 1, 2013.)

23.2 Statutory authority.

The provisions of this chapter are adopted pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq. (Ord. No. 2107, § 1; Ord. No. 2256, § 1, 2013.)

23.3 Purpose and intent.

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

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

(b) Eliminating illicit connections to the municipal storm water system.

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

(e) Reducing the contribution of pollutants from the MS4 through interagency coordination.

The intent of this chapter is to enhance and protect the water quality of the receiving waters of the United States in a manner that is consistent with the Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing regulations, the municipal NPDES permit and any amendment, revision, or reissuance thereof. (Ord. No. 2107, § 1; Ord. No. 2256, § 1, 2013.)

23.4 Definitions.

For the purpose of the provisions of this chapter concerning water quality hereinafter set forth, the following words and phrases shall be construed to have the meanings set forth unless it is apparent from the context that a different meaning is intended.

(a) “Automotive service facility” means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to stormwater (Source: Order No. R4-2012-0175).

(b) “Basin plan” means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments (Source: Order No. R4-2012-0175).

(c) “Best management practice” or “BMP” means 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 (Source: Order No. R4-2012-0175).

(d) “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 (Modified from: Order No. R4-2012-0175).

(e) “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 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 by the municipal NPDES permit as biofiltration (Modified from: Order No. R4-2012-0175).

(f) “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 (Source: Order No. R4-2012-0175).

(g) “City” means the city of South Pasadena.

(h) “Clean Water Act” or “CWA” means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit.

(i) “Commercial malls” means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (Source: Order No. R4-2012-0175).

(j) “Construction activity” means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See “Routine maintenance” definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the state of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan (Source: Order No. R4-2012-0175).

(k) “Control” means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (Source: Order No. R4-2012-0175).

(l) “Development” means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other non-residential 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 (Source: Order No. R4-2012-0175).

(m) “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 (Source: Order No. R4-2012-0175).

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

(o) “Disturbed area” means an area that is altered as a result of clearing, grading, and/or excavation (Source: Order No. R4-2012-0175).

(p) “Flow-through BMPs” means modular, vault type “high flow biotreatment” devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (Modified from: Order No. R4-2012-0175).

(q) “General Construction Activities Storm Water Permit” or “GCASP” means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions.

(r) “General Industrial Activities Storm Water Permit” or “GIASP” means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

(s) “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 (Source: Order No. R4-2012-0175).

(t) “Hazardous material(s)” means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.

(u) “Hillside” means a 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 (Source: Order No. R4-2012-0175).

(v) “Impervious surface” means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

(w) “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 (Source: Order No. R4-2012-0175).

(x) “Infiltration BMP” means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended on-site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (Source: Order No. R4-2012-0175).

(y) “LID” means low impact development. LID consists of building and landscape features designed to retain or filter stormwater runoff (Source: Order No. R4-2012-0175).

(z) “MS4” means municipal separate storm sewer system (MS4). The MS4 is 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 at 40 CFR Section 122.2 (40 CFR Section 122.26(b)(8)) (Source: Order No. R4-2012-0175).

(aa) “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 CWA Sections 307, 402, 318, and 405. The term includes an “approved program” (Source: Order No. R4-2012-0175).

(bb) “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 (Source: Order No. R4-2012-0175).

(cc) “New development” means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Source: Order No. R4-2012-0175).

(dd) “Non-stormwater discharge” means any discharge to a municipal storm drain system that is not composed entirely of stormwater (Source: Order No. R4-2012-0175).

(ee) “Parking lot” means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of five thousand square feet or more of surface area, or with twenty-five or more parking spaces (Source: Order No. R4-2012-0175).

(ff) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

(gg) “Stormwater mitigation required projects” means those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project. Stormwater mitigation required projects are listed under paragraph C of Section 3. (Modified from: Order No. R4-2012-0175).

(hh) “Pollutant” means any pollutant defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 13373. Pollutants may 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, and non-metals such as phosphorus and arsenic).

(3) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease).

(4) Excessive eroded soil, sediment, and particulate materials in amounts that 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 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

(ii) “Project” means all development, redevelopment, and land disturbing activities. The term is not limited to “project” as defined under CEQA (Public Resources Code Section 21065) (Source: Order No. R4-2012-0175).

(jj) “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 (Source: Order No. R4-2012-0175).

(kk) “Receiving water” means water of the United States into which waste and/or pollutants are or may be discharged (Source: Order No. R4-2012-0175).

(ll) “Redevelopment” means land-disturbing 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. 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 routine maintenance activity; and land disturbing activity 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 (Source: Order No. R4-2012-0175).

(mm) “Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region.

(nn) “Restaurant” means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812) (Source: Order No. R4-2012-0175).

(oo) “Retail gasoline outlet” means any facility engaged in selling gasoline and lubricating oils (Source: Order No. R4-2012-0175).

(pp) “Routine maintenance” projects include, but are 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) Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

(4) Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

(5) Repair Leaks. Routine maintenance does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards and regulations.

* Update existing lines includes replacing existing lines with new materials or pipes.

** New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (Source: Order No. R4-2012-0175).

(qq) “Runoff” means any runoff including storm water 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.

(rr) “Significant ecological areas” or “SEAs” means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria:

(1) The habitat of rare, endangered, and threatened plant and animal species.

(2) Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.

(3) Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.

(4) Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

(5) Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.

(6) Areas important as game species habitat or as fisheries.

(7) Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

(8) Special areas (Source: Order No. R4-2012-0175).

(ss) “Single-family hillside home” means any single-family dwelling development where any portion of the disturbed area includes either or both an existing earth (native or otherwise) surface or a man-made surface (whether impervious or not) with an existing slope equal to or greater than twenty-five percent when calculated in accordance with the methods prescribed by the current Zoning Code.

(tt) “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 (Source: Order No. R4-2012-0175).

(uu) “Storm drain system” means any facilities or any part of those facilities, 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 of South Pasadena.

(vv) “Storm water” or “stormwater” means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.

(ww) “Stormwater runoff” or “urban runoff” means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.

(xx) “SUSMP” means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects.

(yy) “Surface area” includes all surfaces, whether impervious or otherwise, at or above grade level. Surface area specifically includes the surfaces within a structure’s footprint, and specifically includes roofs, canopies, awnings, and all other similar coverings that may or may not be elevated above grade level.

(zz) “Urban runoff” means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water. (Ord. No. 2107, § 1; Ord. No. 2256, § 1, 2013; Ord. No. 2283, § 3, 2015.)

23.5 Responsibility for administration.

This chapter shall be administered by the public works director. (Ord. No. 2107, § 1; Ord. No. 2256, § 1, 2013.)

ARTICLE II. DISCHARGE PROHIBITIONS AND REQUIREMENTS

23.6 Illicit discharges, dumping, and non-storm water discharges.

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

(b) No person shall place, dump, dispose, litter, accumulate, maintain, discharge, or cause to enter into the MS4 any pollutant or any foreign object such as batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals, annual waste or oil cans—which are also considered illicit discharges.

(d) Any owner of any private property from which a non-storm water discharge is observed may be required to pay for the cost of collecting and analyzing the discharge to determine if it is an illicit discharge.

(e) Discharges identified in Part III.A.2 of the 2012 NPDES MS4 permit are considered exempt or conditionally exempt discharges. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.7 Illicit connections.

(a) No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the municipal storm water system.

(b) Upon discovery of an illicit connection, the person owning or operating such connection shall either remove it or render it incapable of conveying an illicit discharge.

(c) If any person fails to eliminate an illicit connection after being called upon by the city to do so, the city manager or designee shall impose appropriate measures to remove or disable the illicit connection and may recover such costs from the owner of the illicit connection. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.8 Reduction of pollutants in runoff.

No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to storm water runoff. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.9 Control of pollutants from commercial facilities.

Subject commercial facilities shall implement BMPs prescribed by the regional board or its executive officer, through programs or actions made pursuant to the municipal NPDES permit, as more particularly described in the city’s watershed management program, or any revisions made thereto. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.10 Control of pollutants from industrial activities.

(a) It shall be a violation of this chapter for any industry in the city that is subject to waste discharge requirements specified in the SWRCB’s industrial general permit (IGP), or any revision or a re-issuance thereof, to operate without an NPDES IGP.

(b) Industries that require an NPDES industrial general permit shall retain on-site the following documents: (1) a copy of the notice of intent for general permit to discharge storm water associated with industrial activity; (2) a waste discharge identification number issued by the SWRCB; and/or (3) a storm water pollution prevention plan and monitoring program plan.

(c) Any industry in the city requiring an NPDES industrial general permit shall upon reasonable request from a duly authorized officer of the city provide any of the documents described in subsection (b) of this section. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.11 Control of pollutants from other industrial facilities.

Industrial facilities not subject to the NPDES industrial general permit but are subject to pollution control requirements under the municipal NPDES permit, shall implement BMPs prescribed by the regional board or its executive officer, through programs or actions made pursuant to the municipal NPDES permit. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.12 Control of pollutants from state permitted construction activities.

(a) No person shall be granted a grading permit or shall commence or continue any construction activity that is subject to a construction general NPDES permit without showing proof of having applied for such permit.

(b) Any person engaged in a construction activity requiring an NPDES construction general permit shall retain at the construction site the following documents: (1) a copy of the notice of intent to comply with terms of the general permit to discharge water associated with construction activity; (2) a waste discharge identification number issued by the SWRCB; (3) a storm water pollution prevention plan and monitoring program plan for the construction activity requiring the construction permit; and (4) records of all inspections, compliance and noncompliance reports, evidence of self-inspection and good housekeeping practices.

(c) Any person engaged in a construction activity in the city requiring an NPDES construction general permit shall upon reasonable request from a duly authorized officer of the city, provide any of the documents specified in subsection (b) of this section and shall retain said documents for at least three years after completion of construction. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.13 Control of pollutants from other construction activities.

Any person engaged in a construction activity that is not subject to the construction general NPDES permit but is subject to the municipal NPDES permit, shall be required to comply with requirements contained therein as specified in the city’s watershed management program, including any revisions made thereto. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013.)

23.14 Stormwater pollution control measures for development planning and planning and construction activities.

(a) Objective. The provisions of this section contain requirements for construction activities and facility operations of development and redevelopment projects to comply with the current “municipal NPDES permit,” lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use. LID shall be inclusive of SUSMP requirements.

(b) Scope. This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the city of South Pasadena to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, and collect funds for projects. Except as otherwise provided herein, the city of South Pasadena shall administer, implement and enforce the provisions of this section.

(c) Applicability. The following development and redevelopment projects, termed “stormwater mitigation required projects,” shall comply with the requirements of this section.

(1) All development projects equal to one acre or greater of disturbed area that adds more than ten thousand square feet of impervious surface area.

(2) Industrial parks ten thousand square feet or more of surface area.

(3) Commercial malls ten thousand square feet or more of surface area.

(4) Retail gasoline outlets with five thousand square feet or more of surface area.

(5) Restaurants (Standard Industrial Classification (SIC) of 5812) with five thousand square feet or more of surface area.

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

(7) Streets and roads construction of ten thousand square feet or more of impervious surface area.

(8) Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) five thousand square feet or more of surface area.

(9) Projects located in or directly adjacent to, or discharging directly to an environmentally sensitive area (ESA), where the development will:

(A) Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and

(B) Create two thousand five hundred square feet or more of impervious surface area.

(10) Single-family hillside homes.

(11) Development of any project of two thousand five hundred square feet or more in disturbed area where any portion of the disturbed area includes either or both an existing earth (native or otherwise) surface or a man-made surface (whether impervious or not) with an existing slope that is equal to or greater than twenty-five percent when calculated in accordance with the methods prescribed by the current Zoning Code.

(12) Redevelopment projects involving any of the following:

(A) Land disturbing activities that result in the creation or addition or replacement of five thousand square feet or more of impervious surface area on an already developed site that is within the scope of paragraph (C) of Section III C.

(B) Alteration of more than fifty percent of the total impervious surface of a previously existing development, where the existing development was not subject to the post-construction stormwater quality control requirements of the current city building code.

(C) Where redevelopment results in an alteration of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements of the current city building code, then only the alteration must be mitigated, and not the entire development, except that such mitigation specifically includes all drainage flow paths that lead from the disturbed area to the permitted stormwater disposal location where such location is off-site of the specific project. The term off-site specifically includes the public right-of-way where stormwater is discharged to the right-of-way.

(D) 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.

(E) 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, or involve two thousand five hundred square feet or more in disturbed area where any portion of the disturbed area includes either or both an existing earth (native or otherwise) surface or a man-made surface (whether impervious or not) with an existing slope that is equal to or greater than twenty-five percent when calculated in accordance with the methods prescribed by the current Zoning Code.

(d) Stormwater Pollution Control Requirements. The site for every stormwater mitigation required project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

(1) All stormwater mitigation required projects shall include mitigation measures to:

(A) Conserve natural areas;

(B) Protect slopes and channels;

(D) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

(E) Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.

(2) Street and road construction of ten thousand square feet or more of impervious surface meeting the criteria of the city’s Green Streets Policy shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable.

(3) The remainder of stormwater mitigation required projects shall prepare a LID plan to comply with the following:

(A) Retain stormwater runoff on-site for the stormwater quality design volume (SWQDv) defined as the runoff from:

i. The 85th percentile twenty-four-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or

ii. The volume of runoff produced from a three-fourths-inch, twenty-four-hour rain event, whichever is greater.

(B) Minimize hydromodification impacts to natural drainage systems as defined in the municipal NPDES permit.

(C) When, as determined by the planning and building department, one hundred percent on-site retention of the SWQDv is technically infeasible, the infeasibility shall be demonstrated in the submitted LID plan. The technical infeasibility may result from conditions that may include, but are not limited to:

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

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.

(D) 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.

i. Additional alternative compliance options such as off-site infiltration may be available to the project site. The project site should contact the planning and building department to determine eligibility.

(E) The remaining SWQDv that cannot be retained or biofiltered on-site must be treated on-site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per 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 of an 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.

(F) A multi-phased project may comply with the standards and requirements of this section for all of its phases by: (a) designing a system acceptable to the city of South Pasadena to satisfy these standards and requirements for the entire site during the first phase; and (b) implementing these standards and requirements for each phase of development or redevelopment of the site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. For purposes of this section, “multi-phased project” shall mean any stormwater mitigation required project implemented over more than one phase and the site of a multi-phased project shall include any land and water area designed and used to store, treat or manage stormwater runoff in connection with the development or redevelopment, including any tracts, lots, or parcels of real property, whether developed or not, associated with, functionally connected to, or under common ownership or control with such development or redevelopment.

(e) Other Agencies of the City of South Pasadena. All city of South Pasadena departments, offices, entities and agencies, shall establish administrative procedures necessary to implement the provisions of this chapter on their development and redevelopment projects and report their activities annually to the public works department.

(f) Validity. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect remaining provisions of this section are declared to be severable. (Ord. No. 2107, § 2; Ord. No. 2256, § 2, 2013; Ord. No. 2283, § 4, 2015.)

ARTICLE III. INSPECTION AND ENFORCEMENT

23.15 Authority to inspect.

The public works director, and representatives and designees thereof, are hereby authorized and directed to enforce all provisions of this chapter. (Ord. No. 2032, § 1.)

23.16 Right of entry.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or 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 provision of this chapter, the officer may enter such building or premises at all 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; and

(2) If such building or premises be unoccupied, he or she shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(3) Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant.

In the event the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. No. 2032, § 1.)

23.17 Authority to conduct samplings and establishing sampling devices.

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 non-stormwater runoff. During all inspections as provided herein, the authorized enforcement officer may take any samples deemed necessary. (Ord. No. 2032, § 1.)

23.18 Requirement to sample or monitor.

(a) Any authorized enforcement officer may order that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the municipal stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify.

(b) All costs incurred for such activity shall be borne by the party ordered to do the sampling. In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may cause such monitoring and/or analyses and the cost, therefore, including the reasonable additional administrative costs incurred by the city shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property.

(c) If the invoice is not paid within sixty days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by an authorized enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. (Ord. No. 2032, § 1.)

23.19 Facility inspections.

Every restaurant, gas station, automobile repair facility, nursery, lumber yard, car wash, warehouse, grocery store, repair shop, dry cleaning facility, and laundromat for which a license or permit has been issued by the city shall be subject to periodic inspection by a representative or designee of the public works director. Inspections shall be conducted as often as necessary to insure compliance with this chapter as the public works director deems appropriate. (Ord. No. 2032, § 1.)

23.20 Enforcement.

The public works director, or designee, is authorized to enforce this chapter as follows.

(a) For the first failure to comply with any provision contained in this chapter, the department of public works shall issue to the affected person a written notice which includes the following information:

(1) A statement specifying the violation committed;

(2) A specified time period within which the affected person must correct the failure or file a written notice disputing the notice of failure to comply;

(3) A statement of the penalty for continued noncompliance.

(b) Each subsequent failure to comply with any provision of this chapter following written notice pursuant to this section, shall constitute an infraction and shall be punishable by a penalty of up to one hundred dollars per day of violation for the first cited violation and five hundred dollars per day for subsequent violations.

(c) It shall not be a defense to the assessment of any penalty or to any other civil enforcement action, provided for under this section for a person to assert that any violation of this chapter was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person.

(d) Any penalty collected hereunder shall be used as reimbursement for the city of South Pasadena’s costs and expenses of administration, inspection and enforcement of this chapter.

(e) A violation of any provision of this chapter is declared to be a public nuisance. The city may abate such violation(s) by means of a civil action with all costs for such abatement to be borne by the party responsible for the nuisance.

(f) The penalties and remedies established by this chapter shall be cumulative.

(g) Whenever necessary, interagency coordination will be employed to enforce the provisions of this chapter. (Ord. No. 2032, § 1; Ord. No. 2107, § 3; Ord. No. 2256, § 3, 2013.)

23.21 Other penalties.

Any person who violates any provision 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, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal penalties. (Ord. No. 2032, § 1.)

23.22 Citizen reporting.

Members of the public shall be encouraged to report possible violations of this chapter to the public works department. (Ord. No. 2032, § 1.)

CHAPTER 23STORMWATER AND URBAN RUNOFF POLLUTION CONTROL

23.1 Title.