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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.
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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;
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(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
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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
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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.
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(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 .
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(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.
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(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
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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.
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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.
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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
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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
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