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HomeMy WebLinkAboutItem 2a - Ordinance No. 2325 Amending Stormwater RegulationsDATE: March 17, 2015 TO: Honorable Mayor and City Council STAFF REPORT Public Works Services Department FROM: Tom Tait, Public Works Services Director By: Vanessa Hevener, Environmental Services Officer SUBJECT: ORDINANCE NO. 2325 AMENDING CHAPTER 8 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROL Recommendation: Introduce SUMMARY Arcadia Municipal Code Chapter 8 Stormwater Management and Discharge Control was last amended in 2006 to meet the requirements of the previous National Pollutant Discharge Elimination System ( NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The 2012 NPDES Permit requires that municipalities amend their Stormwater ordinances to be in compliance with the tenets of the new Permit. The proposed text amendments have been reviewed by the City's legal counsel and Public Works Services staff. DISCUSSION On December 28, 2012, the Los Angeles Regional Water Quality Control Board adopted the NPDES Permit Order No. R4- 2012 -0175 (Permit) for the Los Angeles Region, of which the City of Arcadia is a Permittee. The 2012 Permit requires the City to make modifications to the Arcadia Municipal Code (AMC) to provide legal authority to properly enforce storm water regulations. One such example is the "Planning and Land Development Program" section, which requires the adoption of a Low Impact Development (LID) ordinance. LID is an approach to land development or redevelopment that utilizes natural conditions to manage storm water discharges as close to its source as possible. LID employs principles such as preserving and recreating natural landscape features and minimizing effective imperviousness to create functional and appealing site drainage that treats stormwater as a resource rather than a waste product. The required LID provisions have been incorporated into the proposed ordinance. The proposed ordinance requires construction projects to incorporate LID features at project sites. There are many Amending Ordinance relating to Stormwater Management and Discharge Control March 17, 2015 Page 2 of 2 practices that can be used, including designs that allow infiltration of stormwater into the soil onsite, use of landscaping for evapotranspiration (evaporation of water through water transpiration), bio- retention (e.g., using landscaping and swales to allow the stormwater to be filtered before it is discharged), or harvesting and reusing rainwater (rain barrels, cisterns, etc.) at the project site. A secondary benefit of LID projects are the aspects associated with groundwater recharge. The proposed Stormwater Management and Discharge Control Ordinance with amended language is provided as Exhibit "A." FISCAL IMPACT There is no direct fiscal impact to the City at this time from the introduction and eventual adoption of the proposed Ordinance. There will likely be increased costs to private developers and the City when developing or redeveloping properties using LID techniques; however, those costs are unknown at this time and are likely to decrease over time as they become routine elements within the construction industry. If these changes are not made, the Regional Board has the authority to subject the City to potential penalties that could range from $5,000 to $25,000 per day per permit violation (e.g., failure to establish and maintain legal authority). RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2325 amending Chapter 8 of Article VII of the Arcadia Municipal Code relating to Stormwater Management and Discharge Control to comply with the National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004001, Order No. R4- 2012 -0175. Approved: Dominic Lazza City Manager Attachment: Ordinance No. 2325 ORDINANCE NO. 2325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 8 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROL THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8 of Article VII of the Arcadia Municipal Code is hereby amended to read in its entirety as attached hereto as Exhibit "A" and made a part hereof. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31st) day after its adoption. Passed, approved and adopted this day of 12015. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney EXHIBIT "A" CHAPTER 8. STORMWATER MANAGEMENT AND DISCHARGE CONTROL PART 1. TITLE, PURPOSE AND GENERAL PROVISIONS 7810. DEFINITIONS. Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by 1 °9z may ftem time to time be amended) as used in this Chapter shall have the same meaning as in that statute or r-egul The definition of the terms included in that statute or regulations are incorporated by reference, as now applicable or as may hereafter be amended. When used in this Chapter, the following words shall have the meanings ascribed to them in this Section: (1)Developne t Se vice-DireEter— means the Dir-eeter- of the Development Ser -view Depa. menl City of Ar-eadia-.- (2) "City Ceuneil" me, City r,,u eil of the City of Ar-eadia-.- (3) m means City ofTr-eadia. (41) ^ „*'i zed Enfer-eement Ofnee� "Authorized Enforcement Offieer- " "hoe the Developme +Officer" means the Public Works Services Director or those individuals designated by the DevelopmentPublic Works Services Director as Authorized Enforcement Officers. (2) "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. (3) "Basin Plan" means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Anaeles and Ventura Counties_ 24347.00000 \8 51 o�r1521 °.1 8511529.4 adopted by the Regional Water Board on June 13, 1994 and subsequent amendments. (54) "Best management practices (BMP's)" means schedules of activities, prohibitions of practices, gen- eral good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the dis- charge of pollutants directly or indirectly to "waters of the United States." BMP's also include treatment requirements, operating procedures, design specifica- tions, and practices to control plan site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (5) "Biofiltration" means a LID BMP that reduces stormwater pollutant discharges y 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 Ordinance 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. (6) "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 2 -foot top laver 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 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 Permit as biofiltration. (7) " Bioswale" means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes. (88) "City" means City of Arcadia. EXHIBIT "A" (9,) "City Council" means City Council of the City of Arcadia. 10 "Commercial Malls" means any development on private land comprised of one or more buildings forming a coWlex 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. 11 "Construction Activity" means any construction or demolition activity, clearing, grading, ring, 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, General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Construction or Land Disturbance Activities is required if more than one acre is disturbed or the activities are part of a larger plan. 12 "Control" means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities. 13 "Development" means construction, rehabilitation, redevelopment or reconstruction of M 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 rg ading for future construction. It does not include routine maintenance to maintain original line and rg ade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. 24347.00000 \8 51 o�r1521 °.1 8511529.4 14 "Directly Adjacent" means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. 15 "Discharge" means the release or placement, either directly or indirectly, of any substance into or from the storm drain system, including, but not limited to, storm water, wastewater, solid materials, liquids, hazardous material, raw materials, debris, litter or any other substance. 16 "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation. 17 "Facility" means any nonresidential premises. 18 "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. 19 "General Construction Permit" means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions. 20 "General Industrial Permit" means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from industrial activities under certain conditions. 21 "Hillside" means a property located in an area with known erosive soil conditions, where the development contemplates rg ading on any natural slope that is 25% or greater and where rg ading contemplates cut or fill slopes. 22 "Illicit connection" means any manmade conveyance that is connected to the storm drain system without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system and any connection that has not been permitted by the Director. 23 "Illicit Discharge" means any discharge to the storm drain system or from the storm drain system into a receiving water that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term illicit discharge includes all nonstorm water discharges not composed entirely of storm water and discharges that are identified under the Discharge Prohibitions section of the Permit. 24 "Impervious Surface" means any man -made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in EXHIBIT "A" runoff from the surface in rem 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. 25 "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. 26 "Infiltration BMP" means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in -situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement. 27 "LID" means Low Impact Development. LID consists of building and landscape features designed retain or filter stormwater runoff. 28 "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. 29 "New Development" means land disturbing activities, structural development, including construction or installation of a building or structure, creation of impervious surfaces, and land subdivision. 30 "Nonstormwater discharge" means any dis- charge that is not entirely composed of stormwater. 31 "NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §307, 402, 318, and 405. The term includes an "approved pro rg am." 32 "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 5,000 square feet or more of surface area, or with 25 or more parking spaces. 33 "Permit" means the Waste Discharge Requirements for Municipal Separate Storm Sewer 24347.00000 \8 51 o�r1521 °.1 8511529.4 Systems within the Coastal Watersheds of Los Angeles County (Order No. R4- 2012 -0175) and the National Pollutant Discharge Elimination System Permit No. CAS004001, including any amendments thereto or successor permit, issued by the Regional Water Board. 34 "Person" means any individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal y, 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. 35 "Planning ity Projects" means any of the following: a. All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area. b. Industrial parks 10,000 square feet or more of surface area. C. Commercial malls 10,000 square feet or more of surface area. d. Retail gasoline outlets with 5,000 square feet or more of surface area. C. Restaurants (Standard Industrial Classification (SIC) 5812) with 5,000 square feet or more of surface area. £ Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces. g. Streets and roads construction of 10,000 square feet or more of impervious surface area. h. Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532 -7534 and 7536-7539) square feet or more of surface area. i. Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will: Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat, and (B,) Create 2,500 square feet or more of impervious surface area. j_ Single- family hillside homes. k. Redevelopment Projects: (AA,) Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area EXHIBIT "A" on an already developed site on Planning Priority Project categories. 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. Where Redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to postconstruction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and rg ade, 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 rg ade. Existing single - family dwelling and accessory structures are exempt from the Redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area. 36 "Premises" means any building lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. 37 "Project" means all development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code §21065) 38 "Public Works Services Director" or "Director" means the Director of the Public Works Services Department, City of Arcadia. 39 "Qualified SWPPP Developer" means an individual meeting the registration or certification requirements set forth in the General Construction Permit. 40 "Qualified SWPPP Practitioner" means an 24347.00000 \8 51 o�r1521 °.1 8511529.4 individual meeting the requirements of a Qualified SWPPP Developer or otherwise meeting qualifications set forth in the General Construction Permit. 41 "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 42 "Receiving Water" means "water of the United States" into which waste and/or pollutants are or may be discharged. 43 "Redevelopment" means land - disturbing activity that results in the creation, addition, or replacement of 5,000 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 print, 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 44 "Regional Water Board" means the Los Angeles Regional Water Quality Control Board. 45 "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) 46 "Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils. 47 "Routine Maintenance" includes, but is not limited to projects conducted to: a. Maintain the original line and rg ade, hydraulic capacity, or original purpose of the facility. b. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities. C. Includes road shoulder work, EXHIBIT "A" regrading dirt or gravel roadways and shoulders and performing ditch cleanouts. d. Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. C. Repair leaks f. Routine maintenance does not include construction of new ** lines or facilities resulting from rom 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 ines 48 "Significant Ecological Areas (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: a. The habitat of rare, endangered, and threatened plant and animal species. b. 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. C. 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. d. 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. C. 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. f. Areas important as game habitat or as fisheries. g. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County. h. Special areas. 24347.00000 \8 51 o�r1521 °.1 8511529.4 49 "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. 50 "State Water Board" means the State Water Resources Control Board. (651) "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 channels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels 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. 52 " Stormwater" means storm water runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 C.F.R. § 122.26(b)(13), 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)). 53 "SWPPP" means Storm Water Pollution Prevention Plan. !7 \� �A�ter —m ca ter- diseharr "means- zmy=diseharrge dta4 is of on4ir -e y eemposed of ster- ,w nor (4�T€mis ears any building, lot par-eel, r- estate, or 1.,n e A e of land whether- improved stfips- (q) "Faeility" means any si entra; premises. (Amended by Or-d. 2060 adopted 12 96) 7811. PURPOSE AND INTENT. The purpose of this Chapter is to ensure the future health, safety, and general welfare of citizens by: (a) Eliminating nonstormwater discharges to the municipal separate storm drain. (b) Controlling the discharge from spills, dumping or disposal of materials other than stormwater to mu- nicipal separate storm drains. (c) Reducing pollutants in stormwater discharges to the maximum extent practicable. The intent of this Chapter is to protect and enhance the water quality of our watercourses, water bodies, wetlands and receiving waters of the United States in a manner pursuant to and consistent with the Clean Water Act. 7812. RESPONSIBILITY FOR EXHIBIT "A" ADMINISTRATION. This Chapter shall be administered for the City by the DevelopmentPublic Works Services Director. (Amended adopted ,�T 7813. CONSTRUCTION AND APPLICATION. This Chapter shall be construed to assure consis- tency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and existing or future NPDES Permit and any amendment, revision or reissuance thereof. 7814. SEVERABILITY AND APPLICATION. If any portion of this Chapter is declared invalid, the remaining portions of this Chapter are to be con- sidered valid. 7815. TAKING The provisions of this Chapter shall not operate to deprive any landowner of any constitutionally pro- tected right. If a landowner claims that application of this Chapter to a specific project would deprive the landowner of a constitutionally protected right, then such landowner shall make application to the City and the City may allow additional land uses, but only to the extent necessary to avoid depriving the landowner of a proven constitutionally protected right. In any such application the burden shall be on the landowner to demonstrate that strict application of this Chapter would cause the deprivation of a constitutionally protected right. Such additional land uses shall be consistent with and carry out the purposes of this Chapter as set forth in Section 7811 of this Chapter. PART 2. DISCHARGE REGULATIONS AND REQUIREMENTS GENERAL PROHIBITIONS 7820 DISCHARGE RGE OF POLLUT-ANTSDISCHARGES PROHIBITED / ILLICIT DISCHARGES. 24347.00000 \8 51 o�r1521 °.1 8511529.4 A. Except as otherwise conditionally authorized by the Permit, and subject to any requirements specified by the Director, no person shall: The(l) discharge of--nonstormwater aises–to the C3tyCity's storm drain system is prohibited. Ar disehar- ` 4er-ial other- than step wa4e~ dise ar-ges must i eor to receiving except in compliance with'` PDES pe nit issued f the diseharge.the requirements of this Chapter, (2) cause, allow or facilitate any prohibited discharge; (3) discharge, cause, allow or facilitate any discharge that may cause or threaten to cause a condition of pollution or nuisance as defined in Water Code section 13050, that may cause, threaten to cause or contribute to an exceedance of any water quality standard in any Statewide Water Quality Control Plan, California Toxics Rule, or Basin Plan, or that may cause or contribute to the violation of M receiving water limitation. B. The Director may limit or prohibit any discharge which is conditionally authorized by the Permit if the discharge is a source of pollutants or causes or contributes to an exceedance of applicable receiving water limitations or water quality based effluent limitations, including but not limited to imposing conditions on such discharge, requiring control measures and other actions to reduce pollutants, requiring diversion of the discharge to the sanitary sewer, or requiring pretreatment. C. The Director may require any person to obtain a permit from the City before discharging, or causing, allowing, or facilitating any discharge to the storm drain system. It is unlawful to discharge, cause, allow, or facilitate any discharge to the storm drain system in violation of any permit so required. (ate ) – The diseharh° of nenstennwa4e diseharge�t� the City storms drain system is prohibited.. All disehar-ges of ma4er-ial other— than sternwater disehar-ges must be ineemplianee with PD permit issued for- the dice , ge.D. Prohibited discharges or deposits include, but are not limited to, the following: (1) Wash waters when gas stations, auto repair garages or other types of automotive related service facilities are cleaned; (2) Untreated wastewater from mobile auto wash- EXHIBIT "A" ing, steam cleaning, mobile steam cleaning and other such mobile commercial and industrial operations; (3) Discharges from areas where repair of ma- chinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze is undertaken, to the maximum extent practicable; (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 filter backwash or chlorin - ated/brominated water from swimming pools; (6) Discharge of untreated runoff from the wash- ing of toxic materials from paved or unpaved areas; (7) Discharge of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; (8) Any pesticide, fungicide or herbicide banned by the United States Environmental Protection Agency of the California Department of Pesticide Regulation; (9) Discharge or disposal of food and food proc- essing wastes; (10) Discharge or disposal of litter, landscape de.brisdebris, and construction debris. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, M refuse, rubbish, ag rbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except containers or in lawfully established waste disposal facilities, (11) Animal waste. Each person responsible for M animal shall promptly pick up waste from the animal which is deposited in a public area and properly dispose of it in a trash receptacle. (b)E. Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in Section 7820..., unless the Director determines such discharge is a source of pollutants, causes or contributes to a condition of nuisance, or to a violation of an NPDES permit: \\ 11 to any discharge regulated under a 24347.00000 \851110 �T °.1 °.8511529.4 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-.. ; t�3Ehar-ges ftem the following aetivitiees `v"vril t be eansider-ed a soufee of poll 4an4s to . ,. e „F the States when properly managed: flow from riparian habita4s or- wetlands; springs an diverted stream flo=ws, -ir� I groom mater uneen4amina4ed , „dw 4e,. infi t-. 4;e„. d;s,.l,. ages and flows ftem fire fighting aetivit;o landseape iffiga4io atering, and iffigut enwater fetinda4ien drains; footing d,.a4is; water rem er-4 spzaee ptimps, and air- eendit erring eei iensz` 4e; dee le,-in red swimming el ais..ha -gee; indi ,i l r-esiden4ial washing; ,ate,. lino flushing; sheet washing e sidewalk washing), provided, however- th 4 munieipal street washing by the City besubjeetrto stieh best managemen4 pr-aetieesas required by law; potable . ,. 4e,- s pr-evided �l,e disehar- managed in aeeerdanee with wed industfy wide Sta dafd Pellutien Pr-eservatien Pr-aetiee developed by the ^rmeni Water Works n sseeiatien, Califemia Ne�a Seetien, or- equivalen4 deetimen4; and eemplian se with fity t er� m� eqeme�es ;•eselu4ien of the City Catin.il• �d other- dis.ha r gos speeifieally per- mitted by law. (Amended by n,.d 2172 adopted 2 4-03; Or-d. 2060 adopted 12 3 96) (22) authorized non -storm water discharges from emergency firefighting activities (i.e., flows necessary for the protection of life or ro e (3) flows from riparian habitats or wetlands, (4) natural springs; (55) diverted stream flows authorized by the State or Regional Water Board, (66) uncontaminated ground water infiltration, (7) rising ground waters, where ground water seepage is not otherwise covered by an NPDES permit, (88) Non - stormwater discharges conditionally exempted by the Permit, provided all conditions are satisfied, as determined by Ai- Dirertnr EXHIBIT "A" 7821. DISCHARGE IN VIOLATION OF PERMIT. Any discharge that would result in or contribute to a violation of NPDES Permit No. CA0061654 (CI6948) or the Permit, 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 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. (Amended Z adopted , 7822. ILLICIT DISCHARGE AND MLI CONNECTIONS. A. No person is permitted to: it is „,. "1„b4e +°(1J establish, use, maintain, or continue aM illicit drainage eanneetionsconnection to the City storm drain system, and teor (2) act, cause, permit, or suffer any agent, employee, or independent contractor to construct, maintain, operate, or utilize any illicit connection. B. No person is permitted to commence or continue any illicit discharges to the City storm drain system. This prohibition C. The prohibitions in this section are expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection. 7823. REDUCTION OF POLLUTANTS UT ANTS TAT STORAMATER;BMPS AUTHORIZED AND REQUIRED A. Any person engaged in activities which will or may result in pollutants entering the City storm drain system shall undertake all „„tie control measures and BMPS as the Director may require to 24347.00000 \8 51 o�r1521 °.1 8511529.4 reduce such pollutants. Exafnples of stieh ""twit, inelude owner-ship and use of faeilities whieh may be of elhA nts e par-king lots vc�vurc�c�r pmraa�a , gasoline sta ions, all aul "'err ebile sei=viee r— elated shops, r-est.,,,faats industrial f eilities, steres ft eating stree+,ete. The felle ni n eg ei wats shall l „ly Premises with a high potential threat of discharge may be required to implement a monitoring program meeting standards established by the City. Where best management practices guidelines or requirements have been adopted by any Federal, State, 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 nonstormwater to the storm drain 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 Director. The following is + zeg�em�s— not inspeetion of pr-iva4e pr-opefty. However-, if the City to the storm drain stem or- pose peteati laze rocs ieh rdisehar"°s the r;+„ has the Siegal (a) ttering. No per-son shall +1,,."w deposit, leave, maiatain,keep, or- permit to be deposited, laeed, l° taro azfs� �, garbage, or- other- s abandoned- objeets, ets, aftieles, and aee katie i any street ..11ey, sidewalk, drai„�let, eate basin, eenduit or- other- drainage stfuetufes, bus plaee, or- upon any publie or- pr-iva4e plot of land in the eity, se tha4 the same migM beeem poles ant, except eeatainer^s or- in !awfully established waste disposal f4eilifies. B. The Director may require any person responsible for any industrial or commercial facility or new or redevelopment project to submit documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, storm water pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this Chapter or any NPDES permit. Each discharger identified in an individual EXHIBIT "A" NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit. C. The Director may require any person responsible for any industrial or commercial facility or new or redevelopment project to enter into an agreement for the operation and maintenance of any structural control measures and to record such agreement with the County Recorder's office. D. The following BMPs are required: (1) The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain the sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on the real property as required for the disposal of garbage. No per-son shall t1,,.°w deposit litte an or- fettatain, pond, lake, stfeam, other- wa4er- in a park or- elsewhere within the City. (b2) 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. (e) Best Management Pr-aetiees €erNew Developments ZdRedevelepments. Ni grang permit shall be issued for- any develop disc ,,-be of e ! 1 \ gr-ea4er- unless the eemply with the State Censtrttetlen Aetivity Stenn X7;7. e- D °,mit has been filed and /;;\ „ Stefm X1,7„4°, Pellatien PTeveatie~ Plan has been prepared. he City m adopt r-egula4ions establishing . „t-„ is on the volume ate of ster- mwa4 °r fun f ° flee developments and ,- edeyelepme fits of less than (1) Zaere as may be 4e– to minimize the diseharg and tr-anspeA of pellutaftts. The developer- or- eenstndetien eeetraeter- performing °t!ks in the City pr-evide a eca stefmwater- sueh work. Censtfuetien activity does not inelude 24347.00000 \851110 �T °.1 °.8511529.4 routine maintenanee te- maiaan -original f4eility o;- emer-geney eenstndetien aetivi required to pr-eteet the publie healffi and safety. (ate\ Netifiea4ien of intent and Comphanee with. General Permits Ea,, industrial disehar-ger- other diseharger-, deseribea in any general stefmwater—pefmit ddresing saeh disehar-,.s may be adopted by the United States Envir-enmeat P;•eteetien Ageney, the StateWater—Rese Con-t-fel Bear -'1,, or- the Ca"iromia Regional Wa4e Quality Centre's -d, Los Angeles Region, shall all other- etivitiesreguired by any general l aeh— disehar- ger-identifiea in an individual °shall— eamply with and tindei4ake all activities Where best Where uefiees guidelines a. regiliremeats have been adopted by any Tede State of Calif fni regional, „a er- City n geney, for- any aetivityeper-at en, or— fae l neh may east^se or- eon-tribute to stefmwater—pelkAien err ee =acirnrisctierr, inrcrr- arscnur , circcrgea of nenster-mwa4er- to the stet- ,..wa4 system, per-son undertaking sueh aetiv't or- eper-atie,er . ing sueh sue f e lit, shall .amply . i by the Development Sei=viees Dir-eeter-. (f) in any area exposed to storm wa4er-, the use e Rest TR..,,..,. °meat D,- ...bees and/or the ,- ,,,1 and iz`FdE ffil disposal cter-izcls which ee„lld have adverse impa t on wa4ei- quality is r- equrrcElr Examples of stieli ma4er-ials inelude all ffiels s, ehemieals, ffiel and ehemieal wastes animal wastes, garbage, baRer-ies, and other- ater-ials. eentainer-s appreved €er- stieh— disspes°l by the Development Sei=viees Dir-eeter- or- designee. (h3) 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 EXHIBIT "A" pollutants are not discharged to the storm drain system. (4) All hazardous substances and hazardous materials shall be stored in such a manner as to prevent such substances or materials from coming into contact with stormwater 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. 05) To the maximum ..goat p etieable 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. (k6) Standards for Private Drains and Catch Ba- sins. Persons owning or operating drainage facilities that are directly connected to the public storm drain system shall clean those facilities between May 1st and September 30th of each year, and re- ek-anreclean those facilities, as needed, before their sumps are forty percent (40 %) full of material. This requirement includes, but is not limited to, catch basins, culverts and parkway drains. (Amended ae by 7824. MONITORING, INFORMATION COLLECTION AND REPORTING A. The Director may require any person discharging or causing, allowing, or facilitating a discharge to the storm drain system or receiving waters to take any or all of the following actions: (11) to submit information necessary to comply with the Permit or to confirm that person's compliance with this Chapter; (22) to monitor discharges and submit reports of discharge activities, (33) to maintain records of monitoring and discharging; and (44) to take any other action necessary to comply with the Permit or this Chapter. 7825. NOTIFICATION OF DISCHARGE A. Notwithstanding any other requirement of 24347.00000 \8 51 o�r1521 °.1 8511529.4 law, any known or suspected release of materials, pollutants or waste, which may result in pollutants or nonstorm water discharges entering storm water, the storm drain system or waters of the state or United States, shall be reported immediately in the following manner by any person in charge of a premises or responsible for the premises' emergency response. (1) The release of a hazardous material shall be immediately reported to emergency services by emergency dispatch services (911). (2) The release of a nonhazardous material shall be reported as follows. (aa) to the Director and to the 24 -hour storm water hotline by telephone no later than 5:00 P.M. on the same business day, (1b) if the release occurs after 5:00 P.M. on a weekday, on a weekend or holiday, to the 24- hour storm water hotline on the same day and to the Director by telephone on the next business day, (c) a written notification of the release shall also be made to the Director within five business days of the release. A copy of the written notice shall be retained at the premises for at least three (3 ) years. B. In addition to the above requirements, the release of any hazardous materials or substances, sewage, oil, or petroleum to any waters of the state, or discharged or deposited where it is or probably will be discharged in or on any waters of the state, shall be reported to the State Office of Emergency Services, as required by Sections 13271 and 13272 of California Water Code. 7826. CONTROL OF RUNOFF REQUIRED - INDUSTRIAL AND COMMERCIAL FACILITIES In addition to any other requirement imposed by this Chapter, each person responsible for industrial and commercial facilities or operations, or owning commercial or industrial facilities or property which will, or may, result in pollutants entering storm water, the storm drain system, or receiving waters, shall obtain any required NPDES storm water permit, including but not limited to the General Industrial Permit, shall provide evidence of such permit to the City upon notice, and shall install and EXHIBIT "A" maintain BMPs consistent with the CASQA Industrial/Commercial BMP Handbook or equivalent. BMPs must be designed to implement the requirements of this Chapter and any applicable permit. 7827. CONTROL OF RUNOFF REQUIRED — CONSTRUCTION ACTIVITY A. Generally. In addition to any other requirements set forth in this Chapter, prior to obtaining a rg ading or building permit, each operator of any construction activity shall submit evidence to the Director that all applicable permits have been obtained, including but not limited to the State Water Board's Construction Permit, State Water Board 401 Water Quality Certification. Each operator of any construction activity shall implement such an erosion and sediment control plan and BMPs required by the Director to ensure that discharges of pollutants are effectively- prohibited and will not cause or contribute to an exceedance of water quality standards. A SWPPP prepared in accordance with the General Construction Permit may be substituted for an erosion and sediment control plan. All construction and rg ading activities shall comply with applicable laws and re ug latory documents, including all applicable City ordinances and the City's Permit regulating discharges into and from the storm drain system. B. Best Management Practices for New Developments and Redevelopments. No rg ading permit shall be issued for any development with a disturbed area of one (1 ) acre or greater unless the applicant can show that (i) a Notice of Intent 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 less than one (1) acre as may be appropriate to minimize the discharge and transport of pollutants. The Public Works Director may require of any developer or construction contractor performing work in the City provide a local stormwater pollution prevention plan prior to the beginning of such work. Construction activitv does not include routine maintenance to 24347.00000 \8 51 o�r1521 °.1 8511529.4 maintain original line and ra�ydraulic capacity, the original purpose of the facility or emergency construction activities required to protect the public health and safety. C. Erosion and Sediment Control Plan Required. In addition to any other requirements set forth in this Chapter, prior to obtaining a rg ading or building permit, each operator of any construction site of less than one (1) acre shall cause to be prepared and submitted to the City an erosion and sediment control plan. No operator of and construction activity shall commence any construction activity prior to receiving written approval of the erosion and sediment control plan from the Director. D. Erosion and Sediment Control Plan Contents. An erosion and sediment control i must address the following elements, at a minimum: (11,) For construction sites of less than one acre. (aa,) Best management practices designed to control erosion and sediment, and manage waste and non -storm water in accordance with the Permit, and (22,) For construction sites of one acre or more. (aa,) All elements of a Storm Water Pollution Prevention Plan, but only if a construction site is one acre or great Methods to minimize the footprint of the disturbed area and to prevent soil compaction outside of the disturbed area, (c,) Methods to protect native vegetation and trees, (d,) Sediment and erosion control; (e,) Controls to prevent tracking on and off the site, (f ) Nonstorm water control (e.g., vehicle washing, dewatering etc.), (g) Material management (delivery and storage), (h,) Spill prevention and control, Q) Waste management (e.g., concrete washout, waste management, sanitary waste management), Identification of site Risk Level as identified in the General Construction Permit, EXHIBIT "A" (k) Rationale for the selection and design of the proposed BMPs, including quantifying �pected soil loss from different BMPs, and (33) For all construction sites: Any other element required by the Director. E. Erosion and Sediment Control Plan Development. Erosion and sediment control plans for construction sites of one acre or more must be developed and certified by a Qualified SWPPP Developer. Structural BMPs shall be designed by a licensed California Engineer. F. Erosion and Sediment Control Plan Certification. Erosion and sediment control plans for construction sites of one acre or more shall be signed by the landowner or landowner's agent, certifying as follows: "I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage ystem or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that submitting false or inaccurate information, failing to update the erosion and sediment control plan to reflect current conditions, or failing to properly or adequately implement the erosion and sediment control plant may result in revocation of rg ading and other permits and other sanctions provided by law." 7828. LOW IMPACT DEVELOPMENT — 24347.00000 \8 51 o�r1521 °.1 8511529.4 CONTROL OF RUNOFF REQUIRED FOR PLANNING PRIORITY PROJECTS The Site for every Planning ity 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, evanotransniration_ bioretention and/or rainfall harvest and use. A. A new single- family hillside home development shall include mitigation measures to: (11) Conserve natural areas; (22) Protect slopes and channels, Provide storm drain system stenciling and signage, (44) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability, and (55) Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability. B. Street and road construction of 10,000 square feet or more of impervious surface 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. C. The remainder of Planning ly Projects shall prepare a LID Plan to comply with the following: Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from: (a) The 85th percentile 24 -hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map, or The volume of runoff produced from a 0.75 inch, 24 -hour rain event, whichever is greater. Minimize hydromodification impacts to natural drainage systems as defined in the Permit. (33) When, as determined by the City, 100 percent onsite retention of the SWQDv is EXHIBIT "A" technically infeasible, partially or fully, 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. (a) The infiltration rate of saturated in- situ soils is less than 0.3 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 onsite. (1b) Locations where seasonal high groundwater is within five to ten feet of surface rg_a& (c) Locations within 100 feet of a groundwater well used for drinking (d) Brownfield development sites or other locations where pollutant mobilization is a documented concern, (e) Locations with potential geotechnical hazards, (�f Smart growth and infill or redevelopment locations where the density and/ or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement. (4) If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the Permit. Additional alternative compliance options such as offsite infiltration may be available to the project Site. Alternative compliance options are further specified in the County of Los Angeles Department of Public Works Storm Water Best Management Practices Design and Maintenance Manual. The project Site should contact the Director to determine eligibility and obtain approval. In all cases, the project Site must comply with all relevant provisions of the Permit. (5) The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant specific benchmarks as required per the Permit. Flow through BMPs may be used to treat the remaining SWQDv and must be 24347.00000 \8 51 o�r1521 °.1 8511529.4 sized based on a rainfall intensitv of: (a) 0.2 inches per hour, or (1b) The one year, one hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater. (6) 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 to satisfy these standards and requirements for the entire Site during the first phase, and (1b) 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 Planning Priority 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. D. By resolution, the City Council may adopt a schedule of fees and charges related to the implementation of this Section. PART 3 INSPECTION AND ENFORCEMENT 7830. AUTHORITY TO INSPECT. A. Right to Enter. 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 provisions 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 (i) if such building or premises be occupied, he EXHIBIT "A" or she shall first present proper credentials and re- quest entry; and (ii) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and re- quest entry. 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 re- fused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the officer is em- powered to seek assistance from any court of competent jurisdiction in obtaining such entry. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this Chapter, including but not limited to random sam- pling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, dis- charge of nonstormwater to the stormwater system, or similar factors. (a)R. Authority to Sample and Establish Sampling Devices. When required by this Chapter, with the consent of the owner or occupant, or pursuant to a search warrant, any Authorized Enforcement Officer may establish or require the establishment on any prepe#ypremises such devices as are necessary to conduct sampling or metering operations. During all inspections as provided in this Chapter, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities an-siteonsite. (b) Netif Spills. ge �T:��e�tl -e per-sons of a f edit„ responsible f emer-geney response fat zc faeility have a personal responsibility to train faeility personnel and naina ti€ieatien preeed"fes te—ssufe in edia4e ne e -tiems idea •1„ the City of , suspeeted, „r;,.ri ed of uneenfir-med release of ma4er-ial, pellu4an4s or- waste er-ea4ing a risk of disehar-ge in4e the City storm drain As seen as ehar-ge of a f4eility of knowledge of any suspeeted, eenfir-med a uneenfir-ned release of ateri", llu4an4s e waste whie „l+ in elllu aantts er nenstermwatet! disehar-ge en4er-ing the City stern. 24347.00000 \8 51 o�r1521 °.1 8511529.4 drain system, stieh per-son shall ake allmeeess stops to ensufe the diseaver-y and atai ,men d elean up of stieh release and sal notify the City e= the eeeurrenee by telephone and eenfir-ming the nefifiea4ien by eaffespendenee to the Development Sei=viees n•r et (C), Requirement to Test or Monitor. Any Au- thorized Enforcement Officer may request that any person engaged in any activity and/or owning or op- erating any facility which may cause or contribute to stormwater pollution or contamination, illicit dis- charges, and/or discharge of nen- stennwatemonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and reports required. (Amended by Or-d. 2060 adopted 13 3 96) D. Records Review. When required by the Director, by this chapter, or by any law or regulation, maintenance records must be kept onsite and remain available for inspection. Failure to keep records on site and available for inspection shall constitute a violation of this Chapter. The Director may inspect, review and copy all records relating to M discharge to the storm drain system or receiving waters. E. If an inspection pursuant to this section results in an enforcement action, the City may issue an invoice of costs and recover in an enforcement action its reasonable inspection costs. 7830.1 RESPONSE PLANS The Director may, together with the City Attorney, develop and implement an Enforcement Response Plan setting forth enforcement procedures and actions to address repeat and continuing violations of this Chapter, a Spill Response Plan setting forth the procedures, roles and responsibilities for investigating, cleaning up, and reporting spills. pills. 7831. VIOLATIONS CONSTITUTING MISDEMEANORS. Unless otherwise specified by this Chapter, the EXHIBIT "A" violation of any provision of this Chapter, or failure to comply with any of the mandatory requirements of this Chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this Chapter, any such violation constituting a misdemeanor under this Chapter may, at the discretion of the Authorized Enforcement Officer may be charged and prosecuted as an infraction. A violation of this Chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate, or utilize an illicit connection, or to cause, allow, or facilitate any illicit discharge. 7831.1. PENALTY FOR VIOLATION. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 3690I. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third conviction for a violation of the same provision subsequent violations within a twelve (12) month period may be charged as a misdemeanor. 7831.2. CONTINUING VIOLATION. Unless otherwise provided, a person, firm, corpo- ration or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is com- mitted, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as provided in this Chapter. 7831.3. CONCEALMENT. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision. 7831.4. ACTS POTENTIALLY RESULTING IN VIOLATION OF FEDERAL CLEAN WATER ACT AND /OR PORTER - COLOGNE ACT. 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 24347.00000 \8 51 o�r1521 °.1 8511529.4 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 penalty. Any enforcement action authorized under this Article should also include notice to the violator of such potential liability. 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 of this 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. If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the DevelopmentPublic Works 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. (Amended Z060 adopted 12 3 ) 7832. RECOVERY OF ALL COSTS. In any administrative, civil or criminal proceeding under this Chapter in which the City prevails, the City shall be entitled as part of judgment or decision all costs of investigation, administrative overhead, out -of- pocket expenses, costs of administrative hearings, costs of required education programs, costs of suit and reasonable attorney and expert fees. EXHIBIT "A" 7833. CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6. The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of City decisions pursuant to this Chapter. The City shall give notice of its decisions and of this Section to all interested persons. 7834. CIVIL ACTIONS. In addition to any other remedies provided in this Section, any violation of this Section may be enforced by civil action brought by the City. In any such action, the City may seek, and the Court shall grant, as appropriate, any or all of the following remedies: (1) A temporary and/or permanent injunction; (2) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; (3) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; (4) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this Chapter. 7835. ADMINISTRATIVE ENFORCEMENT POWERS. In addition to the other enforcement powers and remedies established by this Chapter, any Authorized Enforcement Officer has the authority to utilize the following administrative remedies. (a) Cease and Desist Orders. When an Autho- rized Enforcement Officer finds that a discharge has taken place or is likely to take place in violation of this Chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (1) comply with the requirement, (2) comply with a time schedule for compliance, and/or (3) take 24347.00000 \8 51 o�r1521 °.1 8511529.4 appropriate remedial or preventive action to prevent the violation from recurring. (b) Notice to clean. Whenever an Authorized Enforcement Officer finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land or grounds, which may result an increasing of pollutants entering the storm drain system, he or she may give notice to remove such oil, earth, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. In the event the owner or operator of a facility fails to conduct the required activities as described in the notice, the Authorized Enforcement Officer may cause such required activities as described in the notice 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 by the owner of the property within three (3) months, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution. 7836. AUTHORITY TO ARREST OR ISSUE CITATIONS Authorized Enforcement Officers shall have and are vested with the authority to arrest or cite and release any person who violates any Section of this Code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended). Such Authorized Enforcement Officers or employees may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 or as the same may hereafter be amended. It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this EXHIBIT "A" Chapter. 7837. REMEDIES NOT EXCLUSIVE. Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for in this Chapter shall be cumulative and not exclusive. 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 DevelopmentPublic Works Services Director within ten (10) days following the effective date of the decision. The Dev tPublic Works 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 DevelopmentPublic Works Services Director may hear additional evidence, and may reject, affirm or modify the Authorized Enforcement Officer's decision. The decision shall be final. (Amended by Ord. 2060 adopted 12 -3 -96) 7839. DISCLAIMER OF LIABILITY. The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth in this Chapter are minimum standards and this Chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This Chapter shall not create liability on the part of the City, any officer or employee thereof for any damages that result from reliance on this Chapter or any administrative deci- sion lawfully made thereunder. PART 4. COORDINATION WITH 24347.00000 \8 51 o�r1521 °.1 8511529.4 OTHER PROGRAMS 7840. COORDINATION WITH HAZARDOUS MATERIALS INVENTORY AND RESPONSE PROGRAM. The first revision of the business plan for any facility subject to the City's hazardous materials inventory and response program shall include a program for compliance with this Chapter, including the prohibitions on nonstormwater discharges and illicit discharges, and the requirement to reduce stormwater pollutants to the maximum extent practi- cable. (Chapter 8 added by Ord. 2010 adopted 12 -6- 94)