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HomeMy WebLinkAbout2060 ORDINANCE NO. 2060 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF DIVISION 7, CHAPTER 8, PARTS 1,2 AND 3, REGARDING STORMW A TER MANAGEMENT AND DISCHARGE CONTROL THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION I. The sub-sections (1), (4), (6) of Section 7810 the Arcadia Municipal Code are hereby amended to read as follows: 7810. DEFINITIONS (I) "Development Services Director" shall mean the Director of the Development Services Department, City of Arcadia. (4) "Authorized Enforcement Officer". "Authorized Enforcement Officers" shall be the Development Services Director or those individuals designated by the Development Services Director as Authorized Enforcement Officers. (6) "Storm drain system" includes, but is not limited to, those facilities within the City by which stormwater may be conveyed to the waters of the United States, including flood control charmels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade charmels or storm drains, which are not a part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Register (CFR) Section 122.2. 1 SECTION 2. That Section 7812 of the Arcadia Municipal Code is hereby amended to read as follows; 7812. RESPONSIBILITY FOR ADMINISTRATION. This Chapter shall be administered for the City by the Development Services Director. SECTION 3. That Section 7820 of the Arcadia Municipal Code is hereby amended to read as follows; 7820. DISCHARGE OF POLLUTANTS. The discharge of nonstormwater discharges to the City storm drain system is prohibited. All discharges of material other than stormwater discharges must be in compliance with NPDES permit issued for the discharge. (a) The discharge of non-storm water discharges to the City storm drain system is prohibited. All discharges of material other than stormwater discharges must be in compliance with NPDES permit issued for the discharge. Prohibited discharges or deposits include, but are not limited to, the following: (I) wash waters when gas stations, auto repair garages or other types of automotive related service facilities are cleaned; (2) untreated wastewater from mobile auto washing, steam cleaning, mobile steam cleaning and other such mobile commercial and industrial operations; (3) discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze is undertaken, to the maximum extent practicable; 2 2060 (4) discharges of untreated runoff from storage areas of materials containing grease, oil or other hazardous substances, and uncovered receptacles containing hazardous materials; (5) discharge of commercial or municipal swimming pool backwash; (6) discharge of untreated runoff from the washing oftoxic materials from paved or unpaved areas; (7) discharge from washing out of concrete trucks; (8) any pesticide, fungicide or herbicide banned by the United States Environmental Protection Agency of the California Department of Pesticide Regulation. (b) Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in Section 7820. (1) The prohibition of discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California under the authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. (2) Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed: flows from riparian habitats or wetlands; springs and diverted stream 3 2060 flows; rising ground waters; and uncontaminated groundwater infiltration; discharges and flows from fire fighting activities; landscape irrigation, lawn watering, and irrigation water; foundation drains; footing drains; water from crawl space pumps, and air conditioning condensate; decWorinated swimming pool discharges; individual residential car washing; water line flushing; street washing (including sidewalk washing), provided, however that municipal street washing by the City be subject to such best management practices as required by law; potable water sources, provides the discharges are managed in accordance with an approved industry-wide Standard Pollution Preservation Practice developed by the American Water Works Association, California- Nevada Section, or equivalent document; and in compliance with any further requirements established by resolution of the City Council; and other discharges specifically permitted by law. SECTION 4. That Section 7821 of the Arcadia Municipal Code is hereby amended to read as follows: 7821. DISCHARGE IN VIOLATION OF PERMIT. Any discharge that would result in or contribute to a violation of NPDES Permit No. CA006l654 (CI6948), available for viewing at the Arcadia City Hall, Development Services Department, 240 W. Huntington Drive Arcadia, California and any amendment, revision or reissuance thereof, either separately considered or when combined with 4 2060 other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge. SECTION 5. That Section 7823 is hereby amended; Section 7823 sub-sections (b), (c) and (e) are amended and add new sub-sections (f), (g), (h), (i) and G) to Section 7823 of the Arcadia Municipal Code to read as follows: 7823. REDUCTION OF POLLUTANTS IN STORMWATER. Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use offacilities which may be a source of pollutants such as parking lots, gasoline stations, all automobile service related shops, restaurants, industrial facilities, stores fronting streets, etc. The following minimum requirements shall apply. The following requirements do not require inspection of private property. However, if the City becomes aware ofsittiations associated with private property that cause obvious discharges of prohibited materials to the storm drain system or pose the potential for such discharges, the City has the legal authority to abate such discharges. 5 2060 (b) Standard for Parking Lots and Similar Structures. Persons owning or operating a paved parking lot or similar structure with twenty-five (25) or more parking spaces shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm drain system. (c) Best Management Practices for New Developments and Redevelopments. No grading permit shall be issued for any development with a disturbed area of five (5) acres or greater unless the applicant can show that (I) a Notice ofIntent to comply with the State Construction Activity Storm Water Permit has been filed and (ii) a Storm Water Pollution Prevention Plan has been prepared, The City may adopt regulations establishing controls on the volume and rate of stormwater runoff from new developments and redevelopments of five (5) acres or less as may be appropriate to minimize the discharge and transport of pollutants. The Development Services Director may require of any developer or construction contractor performing work in the City who is not otherwise subject to controls pursuant to this paragraph to provide a water pollution prevention plan prior to the beginning of such work. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, the original purpose of the facility or emergency construction activities required to protect the public health and safety . 6 2060 (e) Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any Federal, State of California, regional, and/or City Agency, for any activity, operation, or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharges of non-storm water to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the Development Services Director. (f) In any area exposed to storm water, the use of Best management Practices and/or the removal and lawful disposal of materials which could have adverse impact on water quality is required. Examples of such materials include all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, and other similar materials. (g) Food wastes are to be properly disposed of in containers approved for such disposal by the Development Services Director or designee. (h) Each person who owns, manages, or operates any machinery or equipment which is to be repaired or maintained shall use Best management Practices or shall place the machinery or equipment that is to be repaired or maintained in such a place that leaks, spills, and other maintenance-related pollutants are not discharged to the storm drain system. 7 2060 (i) All hazardous substances and hazardous materials shall be stored in such a marmer as to prevent such substances or materials from coming into contact with storm water or other runoff which discharges into the storm drain system. It is unlawful for any person to dispose of any hazardous waste in any trash container used for municipal trash disposal. (j) To the maximum extent practicable, no person shall wash any impervious surface in any industrial or commercial area so as to result in a discharge of untreated runoff to the storm drain system unless such washing is specifically required by state or local health and safety codes. SECTION 6. That sub-section (b) of Section 7830 of the Arcadia Municipal Code is hereby amended to read as follows: (b) Notification of Spills. All persons in charge of a facility or responsible for emergency response for a facility have a personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the City storm drain system. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any suspected, confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-storm 8 2060 water discharge entering the City storm drain system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the City of the occurrence by telephone and confirming the notification by correspondence to the Development Services Director. SECTION 7. That Section 7831.5 of the Arcadia Municipal Code is hereby amended to read as follows: 7831.5. VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions ofthis Chapter is a threat to the public health, safety and welfare, is declared and deemed a nuisance, may be summarily abated and/or restored by any Authorized Enforcement Officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the property. If the lien is not satisfied within three (3) months, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. 9 2060 If any violation ofthis Chapter constitutes a seasonal and recurrent nuisance, the Development Services Director shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of reconvening the initial process of a public nuisance declaration and cessation order by the City Attorney. SECTION 8. That Section 7838 of the Arcadia Municipal Code is hereby amended to read as follows: 7838. APPEAL. Any person, firm, corporation or organization required to perform monitoring, analyses, reporting and/or corrective activities by an Authorized Enforcement Officer who is aggrieved by the decision of the Authorized Enforcement Officer may appeal such decision in writing to the Development Services Director within ten (10) days following the effective date of the decision. The Development Services Director shall request a report and recommendation from the Authorized Enforcement Officer and shall set the matter for hearing at the earliest practical date. At the hearing, the Development Services Director may hear additional evidence, and may reject, affirm or modify the Authorized Enforcement Officer's decision. The decision shall be final. 10 2060 SECTION 9. That the City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in the official newspaper of said city within fifteen (15) days after its adoption. Passed approved and adopted this 3rd day of December , 1996. /L~ Mayor of the City of Arcadia /Pro Tern ATTEST: ,J APPROVED ASTO FORM: 1n~ Y rn~ Michael H. Miller City Attorney 11 2060 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2060 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said /Pro Tem Council held on the 3rd day of December, 1996 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Harbicht, Kovacic and Young NOES: None ABSENT: Councilmember Kuhn J 12 2060