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_
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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.
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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
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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.
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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
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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
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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)