ORDINANCE 1356ORDINANCE NO. 1356
AN URGENCY ORDINANCE ADOPTED IN ACCORDANCE WITH
GOVERNMENT CODE § 36937(B) REGULATING THE DISCHARGE OF
POLLUTANTS INTO THE CITY'S STORM SEWER SYSTEMS AND
WATER OF THE UNITED STATES BY AMENDING CHAPTER 4 OF
TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY.
The Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 -1387; "Clean Water
Act" or "CWA "), as implemented by the United States Environmental Protection
Agency ( "EPA "), requires that the city adopt plans and programs for stormwater
quality management;
B. The 1972 amendments to the CWA prohibit the discharge of any Pollutant to waters
of the United States from a point source unless the discharge is authorized by a
permit issued pursuant to the National Pollutant Discharge Elimination System
( "NPDES ") required by 33 U.S.C. § 1342;
C. Municipal separate storm sewer systems ( "MS4s ") which convey urban runoff,
including, without limitation, Storm Water runoff, are within the definition of point
sources under the CWA;
D. Pursuant to the CWA, the EPA defined the term "Municipal separate storm sewer
system" to mean a conveyance, or system of conveyances, including roads with
drainage systems, municipal streets, curbs, gutters, catch basins, and storm drains
owned or operated by a city, used for collecting Storm Water;
E. CWA § 1342(p) requires that the City obtain a permit for Storm Water and urban
discharges through the City's MS4;
F. Section 1342(p) of the CWA further provides that NPDES permits will require
controls to reduce the discharge of Pollutants to the maximum extent practicable,
including management practices and such other provisions as may be appropriate for
the control of Pollutants;
G. The EPA, in partial implementation of CWA § 1342(p) adopted final rules, known
as the "Phase I and Phase II Storm Water Regulations" at several places in Parts 9,
122, 123, and 124 of Title 40 of the Code of Federal Regulations ( "CFR ");
H. The EPA defines "illicit discharges" to describe any discharge through a MS4 that is
not covered by a NPDES permit and illicit discharges to MS4s that are not
authorized under the CWA;
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I. CWA § 1342(p)(3)(B), requires that NPDES permits for discharges from MS4s are
include a requirement to "effectively prohibit" non -Storm Water discharges into
MS4s;
CWA § 1342(p)(3)(B) further provides that NPDES permits must require controls to
reduce the discharge of Pollutants to the maximum extent practicable, including
management practices and such other provisions needed to control Pollutants;
K. In partial implementation of the CWA, the Phase I Storm Water Regulations and the
California Water Code, the California Regional Regional Water Quality Control
Board - Los Angeles ( "RWQCB -LA ") issued a National Pollutant Discharge
Elimination System ( "NPDES ") Permit and Waste Discharge Requirements for
Municipal Storm Water and Urban Runoff Discharges within the County of Los
Angeles, Regional Board Order No. 01 -182, NPDES No. Cas004001 (the "2001
Permit "), on December 13, 2001 to each city in Los Angeles County, including the
City;
L. The city of El Segundo is a permittee under the 2001 Permit and therefore is
required by federal and state law to implement all requirements of the 2001 Permit;
M. EPA regulations implementing the CWA and 2001 Permit require the City to
demonstrate that it has the legal authority to control discharge of Pollutants to the
MS4 by Storm Water, or by other methods;
N. Under the California Constitution and the California Government Code, the city of
El Segundo has authority to define public nuisances and to protect the public health
and safety of the residents of and visitors to the City, and the environment, by
abating public nuisances;
O. The City has authority under the California Water Code to adopt and enforce
ordinances imposing conditions, restrictions, and limitations with respect to any
activity which might degrade the quality of waters of the state;
P. The City Council is obligated to take prudent steps to protect the City's property and
its funds and taxpayers from exposure to liability, including the potentially
enormous costs of litigation regarding natural resources allegedly damaged by
pollutants allegedly transported through the City's storm drain system;
Q. This Ordinance is categorically exempt from review under the California
Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA "),
CEQA regulations (Cal. Code Regs. tit. 14, §§ 15000, et seq.) and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March 16,
1993) since its adoption would generally implement measures to protect the
environment. Accordingly, §§ 15301 (Class 1), 15304 (Class 4), 15305 (Class 5),
15307 (Class 7), 15308 (Class 8), 15309 (Class 9), and 15321 (Class 21) of the
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CEQA regulations exempt the Ordinance from further environmental review.
R. The City Council has carefully considered the Ordinance and finds that it complies
with the requirements of applicable federal and state law, and further that it provides
an acceptable program for the conservation of water resources within the City of El
Segundo and protection of the health, safety, and general welfare of its citizens.
S. In accordance with Government Code § 36937(b), this Council finds that this
Ordinance should be adopted on an emergency basis to preserve public health and
safety. Introduction of pollutants, including hazardous materials, into the City's
storm sewer systems threatens public health and safety, particularly since such
substances drain into the Pacific Ocean which is used for, among other things,
recreational activities by the City's citizens and guests. Taking immediate steps to
protect public health and safety from hazardous substances is in the public interest
and, in addition, required by the City's NPDES permit.
SECTION 2: Chapter 4 to Title 5 of the El Segundo Municipal Code ( "ESMC ") is amended in its
entirety to read as follows:
"CHAPTER 4
STORM WATER AND URBAN RUNOFF POLLUTION CONTROL
5 -4 -10. Purpose and Intent. This chapter is adopted pursuant to the city's police powers for
the purpose of protecting and enhancing the water quality of the City's watercourses, water bodies,
and wetlands in a manner consistent with the Clean Water Act and the NPDES Permit, including,
without limitation, any of its amendments or modifications. In addition, this chapter is intended to
ensure the future health, safety, and general welfare of the citizens of the City of El Segundo by:
A. Controlling non -storm water discharges to the storm drain system.
B. Eliminating discharges to the storm water drain system from spills, dumping,
or disposal of materials other than storm water.
C. Reducing pollutants in storm water discharges, including those pollutants
taken up by storm water as it flows over urban areas, to the maximum extent
practicable.
D. Reducing pollutants in storm water discharges in order to achieve applicable
water quality objectives for surface waters in Los Angeles County.
5 -4 -20. Limits of Chapter. Nothing in this Chapter will be interpreted to:
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A. Infringe any right or power guaranteed by the United States or California
Constitutions, including any vested property right;
B. Require any action inconsistent with the General Plan, any applicable
Specific Plan, vesting tentative map, or other provision of this Code;
C. Restrict otherwise lawful land use except as authorized by the laws of
California, subject to the limitations of this Chapter.
5 -4 -30. Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions will govern the construction of the words and phrases used in this chapter.
Words and phrases not defined by this chapter have the meanings stated the NPDES Permit and if
not described therein, the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.);
regulations implementing the National Pollutant Discharge Elimination System; California Water
Code § 13050; and any successor statutes or regulations.
A. "Automotive Service Facility" means a facility that is in any one of the
following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541,
7532 -7534 or 7536 -7539.
B. "Best Management Practice" (`BMP ") means any schedule of activities,
prohibition of practices, maintenance procedure, program, technology,
process, siting criteria, operational methods of measures, or other
management practices or engineered systems, which when implemented
prevent, control, remove, or reduce pollution. BMPs include structural and
nonstructural controls and operation and maintenance procedures which can
be applied before, during and after pollution - producing activities.
C. "Commercial Development" means any development on private land that is
not residential or a site of an industrial activity as defined in 40 C.F.R. §
122.26(b)(14). "Commercial Development" includes, without limitation,
hospitals, laboratories and other medical facilities, educational institutions,
recreational facilities, plant nurseries, multi - apartment buildings, car wash
facilities, mini -malls and other business complexes, shopping malls, hotels,
office buildings, public warehouses and other light industrial complexes not
within the scope of 40 C.F.R. § 122.26(b)(14).
D. "Construction" means constructing, clearing, grading, or excavation that
results in soil disturbance. Construction also includes structure demolition. It
does not include routine maintenance to maintain original line and grade,
hydraulic capacity, or original purpose of a facility; emergency construction
activities required immediately to protect public health and safety; interior
remodeling with no outside exposure of construction material or construction
waste to storm water; mechanical permit work; or sign permit work.
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E. "Discharge" means any release, spill, leak, pump, flow, escape, dumping or
disposal, of any Pollutant, from any point source, into the environment,
including waters of the United States, and City's MS4.
F. "Hazardous Materials" means any materials, wastes or mixture of wastes
defined as a "Hazardous Substance" or "Hazardous Waste" pursuant to the
Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901 et
seq., the Comprehensive Environmental Response, Compensation and
Liability Act ( "CERCLA "), 42 U.S.C. §§ 9601 et seq., or the Carpenter -
Presley- Tanner Hazardous Substance Account Act, ( "HSAA "), California
Health and Safety Code §§ 25300, et seq., and all future amendments to any
of them, or as defined by the California Integrated Waste Management
Board. Where there is a conflict in the definitions employed by two or more
agencies having jurisdiction over hazardous or solid waste, the term
"Hazardous Waste" will be construed to have the broader, more
encompassing definition.
G. "Illicit Connection" means any device or artifice, excluding roof drains and
other similar connections, connected to the MS4, without a permit, through
or by which an Illicit Discharge may be discharged. Examples include
channels, pipelines, pipes, conduits, inlets and outlets connected directly to
the MS4.
H. "Illicit Discharge" means any discharge to the MS4 not composed entirely of
Storm Water except discharges pursuant to a NPDES permit, Permitted
Discharges (which are exempt or conditionally exempt in accordance with
any applicable order of the RWQCB -LA) and discharges resulting from fire
fighting activities. Illicit Discharge includes, without limitation, wash waters
from the cleaning of Retail Gasoline Outlets, auto repair garages and similar
Automotive Service Facilities; runoff from mobile auto washing, steam
cleaning and mobile carpet cleaning, and other similar mobile commercial
and industrial operations; discharges from areas where repair of machinery
and equipment, including, without limitation motor vehicles that are visibly
leaking oil, fluid or antifreeze, is undertaken; discharges of runoff to the
MS4 from storage areas of materials containing grease, oil, or other
Hazardous Substances, and uncovered receptacles containing Hazardous
Materials; chlorinated or brominated swimming pool water and filter
backwash; runoff from the washing of toxic materials from paved or
unpaved areas; discharge of runoff from washing impervious surfaces at sites
of industrial activity, unless specifically required by State or local health and
safety codes; discharge of concrete or cement -laden wash water from
concrete trucks, pumps, tools and equipment; litter; construction and
demolition debris; fuel and chemical wastes; animal wastes; garbage, food
and food processing wastes; cooking oil or grease; leaves, grass or other
clippings, dirt or any other landscape debris or wastes; any pesticide,
fungicide, or herbicide banned by or not registered with the United States
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Environmental Protection Agency or the California Department of Pesticide
Regulation; wash or rinse water from any Restaurant or Automotive Service
Facility floor mats; any liquid used as a cooling fluid in any radiator of any
engine; batteries; and any other materials or solid waste which has potential
adverse effects on water quality of receiving waters. "Illicit Discharge" also
includes any other discharge to the MS4 that is prohibited by this Code, or
any state or federal law.
"Industrial/Commercial Facility" means any facility which is the site of the
production, manufacture, storage, transportation, distribution, exchange or
sale of goods or commodities, and any facility involved or used in providing
professional and non - professional services. This category of facilities
includes, without limitation, any facility defined by the SIC. Facility
ownership (federal, state, municipal, private) and profit motive of the owner
or operator of the facility are not factors in this definition.
"Municipal Separate Storm Sewer System" or "MS4" means a conveyance
or system of conveyances including municipal streets, alleys, catch basins,
curbs, gutters, ditches, man-made channels, storm drains, conduits, or other
facilities owned, operated, maintained or controlled by City and used for the
purpose of collecting, storing, transporting or disposing of Storm Water,
which are not part of a Publicly Owned Treatment Works, and which
discharges directly or indirectly (through another agency's MS4) to waters of
the United States.
K. "Non -Storm Water Discharge" means any discharge to a MS4 not composed
entirely of Storm Water.
L. " NPDES" means the "National Pollutant Discharge Elimination System"
established the Clean Water Act at 33 U.S.C. § 1342 and any successor, or
related, statute or regulation.
M. "Permitted Discharge" means the following non -storm water discharges:
Discharges covered by a separate individual or general NPDES permit;
natural flows, including natural springs and rising ground water, flows from
riparian habitats or wetlands, stream diversions, permitted by the State
Board, uncontaminated ground water infiltration [as defined by 40 CFR §
35.2005(20)]; flows from emergency fire fighting activity; flows incidental
to urban activities, including reclaimed and potable landscape irrigation
runoff, potable drinking water supply and distribution system releases
(consistent with American Water Works Association guidelines for
dechlorination and suspended solids reduction practices), drains for
foundations, footings, and crawl spaces, air conditioning condensate,
dechlorinated/debrominated swimming pool discharges, dewatering of lakes
and decorative fountains, non - commercial car washing by residents or by
non - profit organizations, and sidewalk rinsing.
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N. "Pollutant" has the same meaning as in 33 U.S.C. § 1362(6), or incorporated
into California Water Code § 13373, discharged into water but does not mean
uncontaminated Storm Water, potable water or reclaimed water generated by a
lawfully permitted water treatment facility, or any substance, the discharge of
which into the MS4, through BMP was reduced to the maximum extent
practicable. Subject to the foregoing, "Pollutant' ' also includes, without
limitation, wash waters from the cleaning of Retail Gasoline Outlets, auto
repair garages and similar Automotive Service Facilities; runoff from mobile
auto washing, steam cleaning and mobile carpet cleaning, and other similar
mobile commercial and industrial operations; discharges from areas where
repair of machinery and equipment, including, but not limited to motor vehicles
which are visibly leaking oil, fluid or antifreeze, is undertaken; discharges of
runoff to the MS4 from storage areas of materials containing grease, oil, or
other Hazardous Substances, and uncovered receptacles containing Hazardous
Materials; chlorinated or brominated swimming pool water and filter
backwash; runoff from the washing of toxic materials from paved or unpaved
areas; discharge of runoff from washing impervious surfaces at sites of
industrial activity, unless specifically required by State or local health and
safety codes; discharge of concrete or cement -laden wash water from concrete
trucks, pumps, tools and equipment; litter; construction and demolition debris;
fuel and chemical wastes; animal wastes; garbage, food and food processing
wastes; cooking oil or grease; leaves, grass or other clippings, dirt or any other
landscape debris or wastes; any pesticide, fungicide, or herbicide banned by or
not registered with the United States Environmental Protection Agency or the
California Department of Pesticide Regulation; wash or rinse water from any
Restaurant or Automotive Service Facility floor mats; any liquid used as a
cooling fluid in any radiator of any engine; batteries; and any other materials or
solid waste which has potential adverse effects on water quality of receiving
waters.
O. "Responsible Person" means the owner, occupant, or other person in charge of
day -to -day operations of premises located within the City;
P. "Restaurant" means a facility where prepared food and beverages are sold
for consumption, including stationary lunch counters and refreshment stands
selling prepared food and beverages for immediate consumption (see SIC
Code 5812).
Q. "Retail Gasoline Outlet" means any facility engaged in selling gasoline and
lubricating oils.
R. "SIC" means Standard Industrial Classification.
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S. "Solid Waste" has the same meaning as in Public Resources Code § 40191 and
any successor statute or regulation.
T. "Storm Water" means Storm Water runoff, snow melt runoff, and surface
runoff and drainage.
U. "Storm Water Pollution Prevention Plan" or "SWPPP" means a plan, as
required by a State General Permit issued by the State Water Resources
Control Board ( "SWRCB "), identifying potential Pollutant sources and
describing the design, placement and implementation of BMPs, to effectively
prevent non -Storm Water Discharges and to reduce Pollutants in Storm
Water Discharges during activities covered by the General Permit.
V. "Structural Best Management Practice" or "Structural BMP" means any
structural facility designed and constructed to mitigate the adverse impacts of
urban runoff pollution (e.g., a canopy, structural enclosure). This category
may include both Treatment Control BMPs and Source Control BMPs.
W. "Treatment Control Best Management Practice" or "Treatment Control
BMP" means any engineered system designed to remove pollutants by
simple gravity setting of particulate pollutants, filtration, biological uptake,
media adsorption or any other physical, biological, or chemical process.
X. "Wet Season" means the period beginning on October 1St and ending at
midnight on April 15th, annually.
5 -4 -40. Illicit Discharges Prohibited. It is unlawful for any person to cause any Illicit
Discharge to enter the MS4 unless such discharge: (1) is authorized by an NPDES permit; or (2) is
associated with emergency fire fighting activities; or (3) is a Permitted Discharge that is exempt or
conditionally exempt in accordance with an applicable order of the California Regional Water
Quality Control Board - Los Angeles. No Pollutant in Storm Water may be discharged to the MS4
unless the Pollutant has been reduced to the maximum extent practicable.
5 -4 -50. Illicit Connections Prohibited. It is unlawful for any person to use or allow the use of
any Illicit Connection to convey an Illicit Discharge or any Pollutant to the MS4 from premises of
which that person is an owner or is the person in charge of day -to -day activities. Illicit Connections
are prohibited by the Clean Water Act, NPDES MS4 Storm Water Permits issued by the California
Regional Water Quality Control Board - Los Angeles and this Chapter. The Responsible Person
for premises at which an Illicit Connection is located must obtain a permit for, or remove, the Illicit
Connection within one hundred and eighty (180) days of confirmation of discovery of the Illicit
Connection.
5 -4 -60. Control of Pollutants from Sites of Industrial Activity.
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A. It is unlawful for any person or entity required under federal or state law to
comply with the requirements for a NPDES General Industrial Activities Storm
Water Permit ( GIASP) for a facility or activity in the City to operate such
facility or activity in the City which discharges to the City's MS4 without
complying with all applicable requirements for a General Industrial Activities
Storm Water Permit.
B. Any person or entity in the City required to have a GIASP for a facility or
activity in the City which discharges to the City's MS4 must retain at such
facility or activity the following documents which evidence compliance with
GIASP requirements: (i) a copy of the Notice of Intent to comply with the
General Industrial Activities Storm Water Permit; (ii) a waste discharge
identification number (WDID) issued by the California Water Resources
Control Board; (iii) a Storm Water Pollution Prevention Plan (SWPPP) (iv) any
required Stone Water quality data; and (v) a plan containing urban runoff Best
Management Practices (BMPs).
C. Any person or entity in the City required to have a GIASP for a facility or
activity in the City which discharges to the City's MS4, upon request from a
duly authorized officer of the City, must make available to the City for review,
copying and inspection all of the documents described in this Section during
any City Storm Water - related educational program or inspection and
demonstrate compliance with the GIASP, including, without limitation,
demonstration of the adequacy of, and compliance with, any required SWPPP
and all applicable BMPs.
5 -4 -70. Spills, Dumping and Disposal Prohibited.
A. It is unlawful for any person to dump, deposit, release, spill, leak, pump, pour,
emit, empty, discharge, inject, bury or dispose into the environment any Solid
Waste or liquid waste, including any Pollutant, in or upon any part of the MS4,
or upon any public or private premises in the City, or to cause, suffer, or permit
any Solid Waste or liquid waste or other Pollutant to come to be located upon,
in, on or under any premises in the City, except in an authorized or permitted
solid waste container or at an authorized or permitted solid waste facility or
publicly owned or privately owned treatment works.
B. It is unlawful for any person to dispose of leaves, grass or other clippings, dirt
or any other landscape debris into any part of the MS4.
C. It is unlawful for any person to dispose of any pesticide, fungicide, or herbicide
banned by, or not registered with, the United States Environmental Protection
Agency or the California Department of Pesticide Regulation, or its successor,
into any part of the MS4.
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D. It is unlawful for any person to dispose any Hazardous Materials into any trash
receptacle accessible to the public.
E. It is unlawful for any person to pour oil or grease, or the residue of oil or grease
onto any parking lot, or any part of the MS4.
F. It is unlawful for any person to place any washout water or other liquid in any
container for the disposal of Solid Waste.
G. It is unlawful for any person to wash Restaurant or Automotive Service Facility
floor mats in any place where the wash or rinse water may flow into any part of
the MS4.
5 -4 -80. Best Management Practices Required. The Responsible Person must implement Best
Management Practices as follows:
A. Responsible Persons for parking lots with more than twenty -five (25) parking
spaces exposed to Storm Water which parking lots are associated with
industrial or commercial activities, according to the United States Office of
Management and SIC must use BMPs to reduce the discharge of Pollutants to
the maximum extent practicable. Such measures may include regular sweeping
or other measures, if effective.
B. Responsible Persons of premises where machinery or other equipment is
repaired or maintained, at facilities or activities associated with industrial or
commercial activities, according to the United States Office of Management
and SIC must use BMPs or other steps to prevent discharge of maintenance
related or repair related Pollutants to the MS4.
C. For other premises exposed to Storm Water, the Responsible Person must use
BMPs, if they exist, or other steps to reduce the discharge of Pollutants to the
maximum extent practicable, including the removal and lawful disposal of any
Solid Waste or any other substance which, if it were to be discharged to the
MS4, would be a Pollutant, including fuels, waste fuels, chemicals, chemical
wastes and animal wastes, from all parts of the premises exposed to Storm
Water.
5 -4 -90. Construction Activity Storm Water Measures.
A. Each person applying to the City for a grading or building permit for projects
for which compliance with regulations governing State Construction Activity
Storm Water Permits ( "GCASPs ") is required, must submit satisfactory
proof to City (i) that a Notice of Intent (NOI) to comply with the GCASP
was filed and (ii) that a Storm Water Pollution Prevention Plan has been
prepared, before the City can issue any grading or building permit on the
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construction project. A copy of the NOI and the SWPPP must be maintained
on -site during grading and construction and be made available for inspection,
review and copying upon the request of any City inspector.
B. It is unlawful for any person or entity required under federal or state law to
comply with the requirements for a State Construction Activity Storm Water
Permits (GCASP) for construction activity in the City to conduct, authorize or
permit construction activities in the City at any facility which discharges to the
City's MS4 without complying with all applicable requirements for a GCASP.
C. Each person applying for a grading or building permit for any project for which
compliance with regulations governing State Construction Activity Storm
Water Permits is not required, must submit to the City for information, and
implement, a grading and construction activity runoff control program adequate
to accomplish all of the following:
Retain on -site the sediments generated on or brought to the project site, using
Treatment Control or Structural BMPs;
2. Retain construction - related materials and wastes, spills and residues at the
project site and prevent discharges to streets, drainage facilities, the MS4,
receiving waters or adjacent properties;
3. Contain non -Storm Water runoff from equipment and vehicle washing at the
project site; and
4. Control erosion from slopes and channels through use of effective BMPs, such
as limitation of grading during the wet season, inspection of graded areas
during rain events; planting and maintenance of vegetation on slopes, if any,
and covering any slopes susceptible to erosion.
5. Persons generating or producing pavement sawcutting wastes in any street,
curb or sidewalk in the City must recover and properly dispose of such
sawcutting wastes, and in no case may such wastes be permitted or suffered to
enter any part of the MS4, including, without limitation, any storm drain.
6. Persons performing street and road maintenance in any street in the City must
manage street and road maintenance materials in a manner that prevents such
materials from being discharged to the MS4.
7. It is unlawful for any person to wash any concrete truck or any part of any
concrete truck, including, without limitation, any chute, pump or tools, in any
place in the City except an area designated for that purpose by the City, if the
City has designated such a place. It is unlawful for any person to permit or
allow any concrete rinseate or washwater from any truck, pump, tool or
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equipment to enter any drain, open ditch, street or road or any catch basin or
any other part of the MS4.
5 -4 -100. Violations. Violation of any provision of this Chapter, any Storm Water Pollution
Prevention Plan, any provision of any permit issued pursuant to this Chapter, or any Administrative
Compliance Order issued pursuant to this Chapter is a misdemeanor.
5 -4 -110. Notices of Violation; Administrative Orders; and Enforcement.
A. The Public Works Director, or designee, is authorized to enforce this Chapter
through any lawful means including, without limitation, issuing Notices of
Violation and Administrative Compliance Orders. Such actions may be used to
achieve compliance with the provisions of this Chapter, any approved Storm
Water Pollution Prevention Plan or any permit issued pursuant to this Chapter.
Failure to comply with the terms and conditions of such a Notice of Violation
or an Administrative Order is a violation of this Chapter.
B. The City Attorney is authorized to enforce this Chapter, through all
administrative, civil, and criminal means available.
5 -4 -120. Nuisance. Violating any provision of this Chapter is a public nuisance and may be
abated by the City in accordance with this Code.
5 -4 -130. Remedies not Exclusive. The 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.
5 -4 -140. Inspections; Searches. Whenever necessary to make an inspection to enforce any
provisions of this Chapter, the enforcement officer for the City may enter any property in the City
regulated by this Chapter in a manner authorized by State law and take samples; inspect, review and
copy records relevant to any Illicit Connection, Illegal Discharge or the Discharge of any Pollutant.
The owner or other person in charge of day -to -day activities at the premises, upon request of any City
inspector, must make available for inspection, review and copying any required GIASP, GCASP, NoI,
BMPs, SWPPP and any permit relevant to the reduction of the Discharge of any Pollutant to the
maximum extent practicable.
5 -4 -150. Fees. The City Council may establish fees for the services provided under this Chapter
by resolution."
SECTION 3: Repeal or amendment of any provision of the ESMC will not affect any penalty,
forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any
violation occurring before this Ordinance's effective date. Any such repealed part will remain in
full force and effect for sustaining action or prosecuting violations occurring before the effective
date of this Ordinance.
Page 12 of 14
SECTION 4: This Ordinance will become effective February 14, 2003, pursuant to Government
Code § 36937(b) for the immediate preservation of the public peace, health, and safety.
Accordingly, this Ordinance is adopted by a four -fifths vote.
SECTION 5: If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness
of the remaining provisions or applications and, to this end, the provisions of this Ordinance are
severable.
SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance;
cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the
passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage
and adoption of this Ordinance, cause it to be published or posted in accordance with California
law.
PASSED AND ADOPTED this 4th day of February 2003.
Mike Gordon, Mayor
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five;
that the foregoing Urgency Ordinance No. 1356 was duly passed and adopted by
said City Council, approved and signed by the Mayor, and attested to by the City
Clerk, all at a regular meeting of said Council held on the 4th day of February,
2003, and the same was so passed and adopted by the following vote:
AYES:
Gordon, Gaines, McDowell, Wernick
NOES:
None
ABSENT:
Jacobs
ABSTAIN:
None
&4&�&Wtm/h t "X) %
Cindy ortesen, City Clerk
APPROVED AS TO FORM:
Mark D. He,p ey,,,qiy Attorney
By
Karl H. Berger
Assistant City A