ORDINANCE 1235NO. 1235
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA# ESTABLISHING STORM WATER AND
URBAN RUNOFF POLLUTION PREVENTION CONTROLS
Whereas, the Congress of the United States (hereinafter
"Congress ") has determined that pollutants contained in storm water
and urban runoff are responsible for the environmental degradation
of oceans, lakes, rivers, and other waters of the United States.
Whereas, Congress, in 1987, amended the Clean Water Act of
1972 to reduce pollutants discharged into the waters of the United
States by extending National Pollutant Discharge Elimination System
(hereinafter " NPDES") requirements to regulate storm water and
urban runoff discharge into municipal storm drain systems.
Whereas, the City of E1 Segundo (hereinafter "City "), along
with other municipalities of Los Angeles County, has elected to
become a co- permittee to the NPDES municipal permit held by the
County of Los Angeles.
Whereas, the City, as an NPDES municipal co- permittee, is
required to develop and implement within its jurisdiction "best
management practices" that shall, to the maximum extent
practicable, reduce pollutant concentrations discharged into Santa
Monica Bay by way of storm water and urban runoff.
Whereas, the City is also committed to the prevention of
further degradation of Santa Monica Bay, wherein pollutants
conveyed by storm water and urban runoff threatens to endanger
marine life and poses health risks to those who make recreational
contact in, and consume food from its waters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Chapter 6.26 entitled "Storm Water and Urban
Runoff Pollution Control" is hereby added to Title 6 of the El
Segundo Municipal Code to read as follows:
"Chapter 6.26
STORM WATER AND URBAN RUNOFF POLLUTION CONTROL
Section 6.26.010: TITLE
This chapter shall be entitled "STORM WATER AND URBAN RUNOFF
POLLUTION CONTROL" and shall be known as such throughout the code.
Section 6.26.020: PURPOSE AND INTENT
The purpose of this chapter is to protect the health and
safety of those who recreate in and consume food from Santa Monica
Bay, a water of the United States, and to protect marine habitats
and ecosystems existing therein by:
(a) Effectively prohibiting non - stormwater discharges into
the storm sewers; and
(b) Reducing pollutant loads in storm water and urban runoff
to the maximum extent practicable.
The intent of this chapter is to enhance and protect the water
quality of Santa Monica Bay and receiving waters of the United
States in a manner that is consistent with the Clean Water Act.
Section 6.26.030: DEFINITIONS
For the purposes of this Chapter, the following words shall
have the meanings ascribed to them in this Section:
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(a) "Area Susceptible to Runoff" shall
directly exposed to precipitation
runoff caused by precipitation which
neighboring properties, public right
storm drain system.
mean any surface
or in the path of
leads directly to
of ways, streets or
(b) "Authorized Enforcement Officer" shall mean the Director
of the Department of Public Works, including any person
designated by the Director to enforce the provisions of
this Chapter.
(c) "Best Management Practices" shall mean stormwater and
urban runoff pollution control practices designed to
reduce the pollutants contained in, and the volume of,
water which runs into the City's storm drain system.
(d) "City" shall mean the City of E1 Segundo.
(e) "Discharge" shall mean any addition to navigable waters
from any point source.
(f) "Good Housekeeping Requirements" shall mean stormwater
and urban runoff pollution control practices which have
been demonstrated to significantly reduce the quantity
and control the quality of stormwater and urban runoff
pollution which discharges into the City's storm drain
system.
(g) "Illicit connection" means any device through or by which
non -storm water is discharged into the municipal storm
water system, including but not limited to floor drains,
pipes or any fabricated or natural conduits.
(h) "Illicit discharge" means the entry of non -storm water or
urban runoff discharge into the municipal storm water
system.
(i) "Material" means any substance including but not limited
to: garbage and debris; lawn clippings, leaves, and
other vegetation; biological and fecal waste; sediment
and sludge; oil and grease; gasoline; paints, solvents,
cleaners, and any fluid or solid containing chemicals.
(j) "Municipal storm water system" means those facilities
within the City by which storm water discharge is
conveyed to waters of the United States, including but
not limited to flood control channels, roads with
drainage systems, streets, catch basins, inlets, curbs,
ditches, storm drains, canals, and fabricated and natural
channels.
(k) "New Development" shall mean for purposes of this
Chapter, all construction on unimproved properties as
well as all construction on improved properties which
will result in: (1) an increase of fifty percent (50 %) or
greater in the size of a single- family home; (2) an
addition of one or more dwelling units to a multi - family
structure; or (3) an increase of fifty percent (50 %) or
greater in f loor area or an increase in f loor area of
15,000 square feet to non - residential property.
(1)
(m)
(n)
"Non -storm water discharge" means any fluid that is not
composed entirely of storm water.
"NPDES" means "National Pollutant Discharge Elimination
System ".
"Pollutant" shall include, but is not limited to: dredged
soil; solid waste; incinerator or residue; sewage;
garbage; sewage sludge; chemical wastes; biological
materials; radioactive materials; wrecked or discarded
equipment; rock; sand; cellar dirt; industrial, municipal
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and agricultural waste discharge; and pesticides,
herbicides and fungicides.
(o) "Storm water runoff" means any surface water flow
produced by rain or snow melt.
(p) "Urban runoff" means surface water flow produced by non -
storm water resulting from residential, commercial and
industrial activities involving the use of potable and
non - potable water.
Section 6.26.040: ILLICIT DISCHARGES AND CONNECTIONS
(a) No person shall cause any illicit discharge to enter the
municipal storm water system unless such discharge: (1)
consists of non -storm water that is authorized by an
NPDES point source permit obtained from the California
Regional Water Quality Control Board, Los Angeles Region;
or (2) is associated with fire fighting activities; or
(3) is otherwise in compliance with the requirements of
this Chapter.
(b) No person shall use any illicit connection to
intentionally convey non -storm water to the municipal
storm water system.
Section 6.26.050: ILLEGAL DISPOSAL
(a) No person shall throw, deposit, place, leave maintain,
keep or permit to be thrown, deposited, placed, left or
maintained or kept, any refuse, rubbish, garbage, or any
other discarded or abandoned objects, articles or
accumulations, in or upon any street, alley, sidewalk,
storm drain, inlet, catch basin conduit or drainage
structure, 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 in containers, recycling bags,
or other lawfully established waste disposal facilities.
(b) No person shall intentionally dispose of leaves, dirt or
other landscape debris into a street, road, alley, catch
basin, culvert, curb, gutter, inlet, ditch, natural
watercourse, flood control channel, canal, storm drain or
any fabricated or natural conveyance.
Section 6.26.060: URBAN RUNOFF MITIGATION FOR NEW
DEVELOPMENT
(a) Prior to the submittal of an application for the first
planning or building approval for a New Development
project, an applicant shall either submit to the
Department of Public Works a separate Urban Runoff
Mitigation Plan or shall address the requirements of
urban runoff mitigation, as expressed in subsection (b)
below, in other required plans.
(b) Urban runoff mitigation features shall address the
following goals in connection with both construction and
long -term operation of the site:
(1) Maximize, to the extent practicable, the percentage
of permeable surfaces in order to allow more
percolation of runoff into the ground.
(2) Minimize, to the extent practicable, the amount of
runoff directed to impermeable areas and to the
City's stormwater system.
(3) Maximize, to the extent practicable, stormwater
filtration and storage for reuse through the use of
sediment traps, cisterns and other means.
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(4) Minimize, to the extent practicable, parking lot
pollution through the use of porous materials to
allow percolation of runoff and through the
installation of appropriate treatment controls.
Appropriate treatment controls include grass swales
and filter strips, sand or other media filters, and
oil and water separators, or any other site
appropriate means.
(c) The City's evaluation of the urban runoff mitigation
features in a plan shall ascertain how well the proposed
plan meet the combined objectives set forth in subsection
(b) above, the standards set forth in the most recent
edition of the California Storm Water Best Management
Practice Handbooks, produced and published by the Storm
Water Quality Task Force, specifically the sections on
BMP Selection, Source Controls and Treatment Controls,
and such additional measures as the City may require.
Each plan will be evaluated on its own merits according
to the particular characteristics of the project and the
site to be developed.
(d) The Director of the Department of Public Works shall
approve or disapprove the plan within fourteen (14)
calendar (lays of submittal, or within fourteen (14)
calendar days of approval of the development project by
the Planning Commission or the City Council, where such
approval is required. If the plan is disapproved, the
reasons for disapproval shall be given in writing to the
developer. Any plan disapproved by the Director of the
Department of Public Works or his or her designee may be
revised by the developer and resubmitted for approval.
A re- submittal plan will be approved or disapproved
within fourteen (14) calendar days of submittal. No
building permit shall be issued until an Urban Runoff
Mitigation Plan has been approved by the Director of the
Department of Public Works.
(e) Full or partial waivers of compliance with this Section
may be obtained by persons who apply on forms supplied by
the City and show that incorporation of design elements
that address the objectives set forth in paragraph (b)
above is an economic and physical impossibility due to
the particular configuration of the site or due to
irreconcilable conflicts with other City requirements.
Requests for waivers shall be granted or denied, in
writing, by a three - member board comprised of one
representative each from the Planning and Building Safety
Department, the Public Works Department, and the Fire
Department.
(f) Compliance with approved urban runoff mitigation features
in plans shall be a condition of any required Planning
Commission or City Council approval.
Section 6.26.070: BEST MANAGEMENT PRACTICES FOR
CONSTRUCTION PROJECTS
(a) No person shall commence or continue any construction
project in the City that causes the disturbance of five
acres or more of soil by clearing, grading or excavating
without obtaining all permits required by state or
federal law, including but not limited the filing of a
Notice of Intent to comply with a NPDES General
Construction Activity Storm Water Permit. Any person
that must file a Notice of Intent to comply with a NPDES
General Construction Activity Storm Water Permit must
demonstrate to the City that such Notice of Intent has
been filed and the NPDES General Construction Permit
complied with, including but not limited to preparation
of a Storm Water Pollution Prevention Plan (SWPPP),
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before the City shall issue any grading or building
permit on the construction project.
(b) The following best management practices shall apply to
all projects undergoing construction in the City. The
best management practices set forth below shall apply at
the time of demolition of an existing structure or
commencement of construction and until receipt of a
certificate of occupancy:
(1) Run -off containing sediment, construction waste and
other pollutants from construction sites and
parking areas shall be retained or controlled on
site to the maximum extent practicable.
(2) Any sediment or other material which are released
from the site shall be removed and properly
disposed of the same day or as soon as practicable.
Where determined necessary by the Director of the
Department of Public Works or his or her designated
representative, a temporary sediment barrier shall
be installed.
(3) Plastic or other covering shall be required where
appropriate to prevent erosion of an otherwise
unprotected area, along with any other runoff
control devices deemed appropriate.
(4) Excavated soil shall be located on the site in a
manner that minimizes the amount of sediments
running into the street or adjoining properties.
(5) No washing of construction or other industrial
vehicles shall be allowed adjacent to a
construction site. No water from washing vehicles
on a construction site is allowed to run off into
the City's storm drain system.
(6) Drainage controls shall be required as needed,
depending on the extent of proposed grading and
topography of the site, including but not limited
to the following:
(a) Detention ponds, sediment ponds, or
infiltration pits.
(b) Dikes, filter berms or ditches.
(c) Downdrains, chutes or flumes.
(c) The City may, as a condition of granting a construction
permit, set forth reasonable limits on the clearing of
vegetation from construction sites, including, but not
limited to, regulating the length of time during which
soil may be bare, and, in certain sensitive cases,
prohibiting bare soil.
Section 6.26.080: CONTROL OF POLLUTANTS FROM INDUSTRIAL
SOURCES
(a) It shall be a violation of this Chapter for any industry
in the City required to have a NPDES Storm Water Permit
under Federal or State law, including but not limited to
those requirements specified in SWRCB Water Quality
Orders No. 91 -12 -DWQ and No. 91 -13 -DWQ, NPDES General
Permit No. CAS00001, to operate without a NPDES Storm
Water Permit.
(b) Any industry in the City required to have a NPDES Storm
Water Permit shall retain on -site the following documents
which evidence compliance with permit requirements: (1)
a copy of a Notice of Intent for General Permit to
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Discharget3torm Water Associated with Industrial Activity
where appropriate; (2) a waste discharge identification
number issued by the SWRCB where appropriate; (3) a Storm
Water Pollution Prevention Plan and Monitoring Program
plan; (4) any storm water quality data; and (5) a plan
containing urban runoff mitigation features where
appropriate.
(c) Any industry in the City required to have a NPDES Storm
Water Permit shall, upon request from a duly authorized
officer of the City, provide any of the documents
described in paragraph (b) of this Section and during any
City stormwater related inspection shall demonstrate
compliance with the NPDES Storm Water Permit, including
but not limited to the adequacy of and compliance with
any SWPPP required thereunder.
(d) Before issuance of any building or grading permit
impacting Stormwater or urban runoff to any industry, the
City shall require the industry to demonstrate that it
has obtained and complied with the permits and plans
referred to in subsection (a) and (b) above. The City
may require additional stormwater pollution prevention
measures in any building or grading permit impacting
stormwater or urban runoff issued by the City selected
from the standards set forth in the most recent edition
of the California Storm Water Best Management Practice
Handbooks, produced and published by the Storm Water
Quality Task Force, specifically the sections on BMP
Selection, Source Controls and Treatment Controls, and
such additional measures as the City may require.
Section 6.26.090: GOOD HOUSEKEEPING PROVISIONS
Any owner or occupant of property within the City shall comply
with the following good housekeeping requirements:
(a) No person shall leave, deposit, discharge, dump, or
otherwise expose any chemical or septic waste in an area
where discharge to City streets or storm drain system may
occur. This section shall apply to both actual and
potential discharges.
(b) Runoff of water from residential property shall be
minimized to the maximum extent practicable. Runoff of
water from the washing down of paved areas in commercial
or industrial property is prohibited unless necessary for
health or safety purposes and not in violation of any
other provision of this Code. Runoff of water from the
permitted washing down of paved areas shall be minimized
to the maximum extent practicable.
(c) Storage of Materials, Machinery and Equipment.
(1) Objects, such as motor
grease, oil or other
unsealed receptacles
materials, shall not be
to runoff.
vehicle parts, containing
hazardous substances, and
containing hazardous
stored in areas susceptible
(2) Any machinery or equipment which is to be repaired
or maintained in areas susceptible to runoff shall
be placed in a confined area to contain leaks,
spills or discharges.
(d) Removal of Debris and Residue.
(1) All motor vehicle parking lots located in areas
susceptible to runoff shall be swept, at a minimum,
on a monthly basis to remove debris. Such debris
shall be collected and properly disposed. However,
lots are not required to be swept for one month
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following a day on which precipitation of one -half
inch or more occurs.
(2) Fuel and chemical residue or other types of
potentially harmful material, such as animal waste,
garbage or batteries, which is located in an area
susceptible to runoff, shall be removed as soon as
possible and disposed of properly. Household
hazardous waste may be disposed of through the
City's household hazardous waste program or at any
other appropriate disposal site and shall not be
placed in a trash container.
Section 6.26.100: INSPECTION AND
(a) Violation of any provision of this Chapter, any approved
Urban Runoff Mitigation Plan, or any permit issued
pursuant to this Chapter shall be a misdemeanor.
(b) Violation of any provision of this Chapter, any approved
Urban Runoff Mitigation Plan, or any permit issued
pursuant to this Chapter with regards to any construction
project shall give the City the right to revoke any
grading, excavation or building permit issued by the City
for such construction project.
(c) The City may administratively issue Notice of Violations
and Administrative Orders calculated to achieve
compliance with the provisions of this Chapter, any
approved Urban Runoff Mitigation Plan, or any permit
issued pursuant to this Chapter. Failure to comply with
the terms and conditions of said Notice of Violations or
Administrative Orders shall constitute a violation of
this Chapter. All notices and orders issued pursuant to
this Section shall conform with the procedure set forth
in Section 9.04.170 and 9.04.180 of this Code. If a
person fails to comply with an Order issued under this
Section, the City may perform the work itself and recover
its costs pursuant to Section 9.04.190 of this Code.
(d) The City may summarily abate any violation of this
Chapter pursuant to the authority and standards set forth
under Section 9.04.160 of this Code.
(e) The enforcement remedies listed in this Chapter are not
exclusive of any other remedies available to the City
under any applicable Federal, State or local law and it
is within the discretion of the City to seek cumulative
remedies.
(f) Whenever necessary to make an inspection to enforce any
provisions of this Chapter, the enforcement officer for
the City shall enter and inspect any property in the City
regulated by this Chapter in a manner authorized by State
law.
Section 6.26.110: STORKWATER AND URBAN RUNOFF POLLUTION
EDUCATION PROGRAM
The Department of Public Works, along with other City
Departments, shall conduct an informational program to educate the
public about the dangers of stormwater and urban runoff pollution
and the means of controlling such pollution. The program shall
educate residents and business persons who operate within the City
about the contents of this Article.
Section 6.26.120: CONFLICTS WITH OTHER CODE SECTIONS
The provisions of this Chapter shall control over any
inconsistent or conflicting provision of the El Segundo Municipal
Code.
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Section 6.26.130: FEES
The City Council may establish fees for the services provided
under this Chapter and such fees shall be fixed and established
from time to time by the City Council by resolution.
SECTION 2: If any section, subsection, sentence, clause,
portion or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity
of the remaining section, subsections, sentences, clauses, portions
or phrases of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance, and each and every
section, subsection, sentence, clause, portion or phrase not
declared invalid or unconstitutional without regard to whether any
other section, subsection, sentence, clause portion or phrase of
the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 3: This ordinance shall become effective thirty days
after its adoption.
SECTION 4: The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said City; shall make a notice
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted; and shall within 15 days
after the passage or adoption thereof cause the same to be
published or posted in accordance with the law.
PASSED, APPROVED, AND ADOPTED this 6th day of Decefter , 1994.
CarI-Jacobkdn, Mayor
City of E- Segundo, California
ATTESTED:
i
C' y o s n;
ity C1 rk (SEAL)
APPROVED AS TO FORD:
141and C. Dolle , ;J
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF EL SEGUNDO )
I, Cindy Mortesen , City Clerk of the City of E1 Segundo,
do hereby certify that the foregoing Ordinance No. 1235 was
regularly introduced at a regular meeting of the city council on
the 15th day of November , 1994 and was duly adopted and passed
at a regular meeting of the city council on the 6th day of
December, 1994, by the following vote, to wit:
AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz, Councilman
Robbins, and Councilwoman Friedkin.
NOES: None
ABSENT: None
Cingly Mor n, `
City Clerk (SEAL)
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