ORDINANCE 1560 ORDINANCE NO. 1560
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 5 OF THE EL
SEGUNDO MUNICIPAL CODE REGARDING STORM WATER AND
URBAN RUNOFF POLLUTION CONTROL, IN ITS ENTIRETY; AND
AMENDING CHAPTER 7 OF TITLE 5 OF THE EL SEGUNDO MUNICIPAL
CODE REGARDING PLANNING AND LAND DEVELOPMENT
PROGRAM IMPLEMENTATION, IN ITS ENTIRETY.
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and declares 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 ("MS4") 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. 33 U.S.C. §§ 1342(p) requires that the City obtain a permit for storm water
and urban discharges through the City's MS4;
F, 33 U.S.C. §§ 1342(p) 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 33 U.S.C. §§ 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");
ORDINANCE No. 1560
Page 2 of 4
H, In partial implementation of 33 U.S.C. §§ 1342, the Phase I and Phase II
Storm Water Regulations and the California Water Code, RWQCB-LA
issued "Order No. R4-2012-0175 NPDES Permit No. CAS004001 Waste
Discharge Requirements For Municipal Separate Storm Sewer System
(MS4) Discharges Within The Coastal Watersheds Of Los Angeles County,
Except Those Discharges Originating From The City Of Long Beach MS4"
on November 8, 2012 to cities in Los Angeles County, including the City of
EI Segundo;
I, The City of EI Segundo is a permittee under the RWQCB-LA's NPDES
Permit No. CAS004001, and therefore is required by federal and state law
to implement all requirements of the Permit;
J. Under the California Constitution and the California Government Code, the
City of EI-Segundo has authority to define public nuisances and to protect
the public health and safety of the residents of and visitors to the City of EI
Segundo, and the environment, by abating public nuisances;
K. The City of EI Segundo 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;
L. 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;
M. 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 CEQA regulations exempt the
Ordinance from further environmental review.
N. 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 EI Segundo and protection of the health, safety,
and general welfare of its citizens.
SECTION 2: Chapter 4 of Title 5 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as indicated in Attachment A.
ORDINANCE No. 1560
Page 3 of 4
SECTION 3: Chapter 7 of Title 5 of the EI Segundo Municipal Code ("ESMC") is amended
in its entirety to read as indicated in Attachment B.
SECTION 4: 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.
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 EI 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.
SECTION 7: This Ordinance will become effective on the thirty-first (31St) day following
its passage and adoption.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1560 this 31d day of October,
2017.
Siazanh Fuentes, Mayor
ATTEST.
Tracy Wea r, City Clerk
APPROVED TO FORM:
Mack Attorney
ORDINANCE No. 1560
Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1560 was duly introduced by said City Council at a regular meeting held
on the 19th day of September, 2017, and 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 3rd day of October, 2017, and the same was
so passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Brann, Council
Member Dugan, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of October,
2017.
Ticy Weaver, City Clerk
of the City of EI Segundo,
California
Attachment
Chapter
STORM WATER AND URBAN RUNOFF POLLUTION CONTROL
5-4-1:PURPOSE AND INTENT:
5-4-2: LIMITS
5-4-3: DEFINITIONS:
5-4-4: ILLICIT DISCHARGES PROHIBITED:
5-4-5' |LLICUTCONNECTIONS PROHIBITED-
54-6.CONTROL OF POLLUTANTS FROM SITES OF!INDUSTRIAL ACTIVITY.'
L-4-7:SPILLS. DUMPING AND lDISPOSAL PROHIBITED-
5-4-8- BEST MANAGEMENTPRACTICES
ROHWB|TED-5-4-8:BESTMANAGEMENTPRACT/CES REQUIRED:
5-4-91: CONSTRUCTION ACTIVITY STOKM'W/\TER MEASURES-
5-4-10:VIOLATIONS:
5-4-11: NOTICES OFVIOLATION:ADMINISTRATIVE ORDERS: ENFORCEMENT:
5-4-12: NUISANCE:
li-4-13: REMEDIES NOT EXCLUSIVE*
5-4-14:INSPECTIONS-SEARCHES:
5'4-1: PURPOSE AND INTENT:
This chapter is adopted pursuant to the City's police powers for the purpose of complying with the Clean
Water Act,the California Porter-Cologne Water Quality Control Act, and the Municipal National Pollutant
Discharge Elimination System (NPDE5) Permit, including, without limitation, any amendments or
modifications, by:
A. Controlling non-storm water discharges to the Municipal Separate Storm Sewer System (M54).
B. Regulating illicit connections and illicit discharges,thereby reducing the level of contamination of storm
water and urban runoff into the K4S4nfthe City; and
C. Controlling the discharge of pollutants, including those pollutants taken up by storm water as it flows
over urban areas, tothe maximum extent practicable.
This chapter is intended to provide the City with the legal authority necessary to implement and enforce
the requirements contained in40CFR § 122.26(d)(2)UVArF) and in the Municipal NPDES Permit tothe
extent that they are applicable in the City, to control discharges to and from those portions of the K4S4
over which the City has jurisdiction as required by the Municipal NPDES Permit, and to hold dischargers
tnthe K0S4accountable for their contributions ofpollutants and flows.
This Chapter authorizes the Authorized Enforcement Officer to define and adopt applicable Best
Management Practices (8MPs) and other storm water pollution control measures, to cite infractions, to
impose fines pursuant to this Chapter,and to grant emergency self-waivers from Municipal NPDES Permit
requirements in order to conduct repairs of essential public service systems and infrastructure in
emergency situations. Except asotherwise provided herein, the Authorized Enforcement Officer shall
administer, implement, and enforce the provisions ofthis Chapter.
This Chapter authorizes the Authorized Enforcement Officer to carry out inspections, surveillance, and
monitoring procedures necessary to determine compliance and noncompliance with the provisions of this
Chapter and the Municipal NPDES Permit, including the prohibition of non-storm water discharges into
the MS4. This includes the authority to enter, monitor, inspect, take measurements, review and copy
records, and require regular reports from entities discharging into the City's MS4.
5-4-2: LIMITS OF CHAPTER:
Nothing in this chapter should be interpreted to:
A. Infringe any right or power guaranteed by the United States or California constitution, 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. (Ord. 1357, 2-18-2003)
5-4-3: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following definitions 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 Municipal NPDES Permit and if not described therein, the federal water
pollution control act (33 USC section 1251 et seq.); regulations implementing NPDES; California Water
Code section 13050; and any successor statutes or regulations.
AUTHORIZED ENFORCEMENT OFFICER: The City Manager or his or her designee and any City official
authorized to issue citations under the Municipal Code.
AUTOMOTIVE SERVICE FACILITY:A facility that is categorized in any one of the following Standard
Industrial Classification (SIC) codes: 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539.
BEST MANAGEMENT PRACTICE (BMP): Practices or physical devices or systems designed to prevent or
reduce pollutant loading from storm water or non-storm water discharges to receiving waters or
designed to reduce the volume of storm water or non-storm water discharged to the receiving water.
BMPs also include treatment requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CONSTRUCTION: Constructing, clearing, grading, grubbing, demolishing, or excavating that results in
land disturbance. Construction does not include emergency construction activities required to
immediately protect public health and safety; routine maintenance activities required to maintain the
integrity of structures by performing minor repair and restoration work; or routine maintenance
required to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.
Construction does not include interior remodeling with no outside exposure of construction material or
construction waste to storm water; mechanical permit work; or sign permit work.
DEVELOPMENT: Any construction, rehabilitation, redevelopment or reconstruction of any public or
private residential project(whether single-family, multi-unit or planned unit development); industrial,
commercial, retail and other nonresidential projects, including public agency projects; or mass grading
for future construction. It does not include routine maintenance to maintain original line and grade,
hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities
required to protect public health and safety immediately.
DISCHARGE: Any release, spill, leak, pump, flow, escape, dumping or disposal, of any pollutant, from any
point source, into the waters of the United States or any addition of any pollutant or combination of
pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a
vessel or other floating craft used for transportation.The term discharge includes additions of pollutants
into waters of the United States from: surface runoff which is collected or channeled by man; discharges
through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do
not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into
privately owned treatment works.
HAZARDOUS MATERIALS: 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
USC section 6901 et seq.,the comprehensive environmental response, compensation and liability act
(CERCLA),42 USC section 9601 et seq., or the Carpenter-Presley-Tanner hazardous substance account
act, (HSAA), California Health and Safety Code section 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.
ILLICIT CONNECTION: Any human-made 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.
ILLICIT DISCHARGE: Any discharge into the MS4 or from the MS4 into a receiving water that is prohibited
under local, state, or federal statues, ordinances, codes, or regulations.The term illicit discharge
includes any non-storm water discharge, except authorized non-storm water discharges; conditionally
exempt non-storm water discharges; and non-storm water discharges resulting from natural flows
specifically identified in Part III.A.1.d of the MS4 Permit.
INDUSTRIAL/COMMERCIAL FACILITY: 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 nonprofessional services.This category of facilities includes,
without limitation, any facility defined by the SIC or the North American Industry Classification System
(NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the owner or
operator of the facility are not factors in this definition.
INSPECTION: The entry and conducting of an on-site review of structures and devices on a property, at
reasonable times,to determine compliance with specific municipal or other legal requirements.The
steps involved in performing an inspection include but are not limited to:
1. Pre-inspection documentation research;
2. Request for entry;
3. Interview of property owner, resident and/or occupant(s);
4. Property walk-through;
5. Visual observation of the condition of property;
6. Examination and copying of records as required;
7. Sample collection (if necessary or required);
8. Exit discussion (to discuss preliminary evaluation) as appropriate; and
9. Report preparation, and if appropriate, recommendations for coming into compliance.
MUNICIPAL NPDES PERMIT: The "Waste Discharge Requirements for Municipal Separate Storm Sewer
System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges
Originating from the City of Long Beach MS4" (Order No. 114-2012-0175), NPDES Permit No. CAS004001,
effective December 28, 2012, issued by the California Regional Water Quality Control Board—Los
Angeles Region, and any successor permit to that permit.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances
(consisting of roads with drainage systems, municipal streets, catch basins, curbs,gutters, ditches,
manmade channels, or storm drains):
1. Owned or operated by a state, city, town borough, county, parish, district, association, or
other public body (created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial wastes, storm water, or other wastes, including special districts under
State law such as a sewer district, flood control district or drainage district, or similar entity,
or an Indian tribe or an authorized Indian tribal organization, or a designated and approved
management agency under section 208 of the CWA that discharges to waters of the United
States;
2. Designed or used for collecting or conveying storm water;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): 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 program."
NEW DEVELOPMENT: Land disturbing activities; structural development, including construction or
installation of a building or structure, creation of impervious surfaces; and land subdivision.
NON-STORM WATER DISCHARGE: Any discharge to the MS4 not composed entirely of storm water.
PARKING LOT: Land area or facility for the parking or storage of motor vehicles used for business,
commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of
surface area, or with twenty-five (25) or more parking spaces.
POLLUTANT:Those "pollutants" defined in CWA§502(6) (33.U.S.C.§1362(6)), and incorporated by
reference into California Water Code §13373.
REDEVELOPMENT: 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 footprint; addition or replacement of a structure;
replacement of impervious surface area that is not part of a routine maintenance activity; and land
disturbing activities 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.
RESPONSIBLE PERSON:The owner, occupant, or other person in charge of day to day operations of
premises located within the city.
RESTAURANT: 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).
ROUTINE MAINTENANCE: Routine maintenance projects include, but are not limited to projects
conducted to:
1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
2. Perform as needed restoration work to preserve the original design grade, integrity and
hydraulic capacity of flood control facilities.
3. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing
ditch cleanouts.
4. Update existing lines and facilities to comply with applicable codes, standards, and regulations
regardless if such projects result in increased capacity.This includes replacing existing lines with
new materials or pipes.
5. Repair leaks.
6. Conduct landscaping activities without changing existing or natural grades.
Routine maintenance does not include construction of new lines or facilities resulting from compliance
with applicable codes, standards and regulations. New lines are those that are not associated with
existing facilities and are not part of a project to update or replace existing lines.
SIC: Standard industrial classification.
SOLID WASTE: Has the same meaning as in Public Resources Code section 40191 and any successor
statute or regulation.
STORM WATER: Storm water runoff, snowmelt runoff, and surface runoff and drainage related to
precipitation events (pursuant to 40 CFR§ 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)).
STORM WATER POLLUTION PREVENTION PLAN OR SWPPP: 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 BIVIPs, to effectively prevent non-storm water
discharges and to reduce pollutants in storm water discharges during activities covered by the general
permit.
STORM WATER RUNOFF: That part of precipitation (rainfall or snowmelt) which travels via flow across a
surface to the MS4 or receiving waters from impervious, semi-pervious, or pervious surfaces. When all
other factors are equal, runoff increases as the perviousness of a surface decreases.
STRUCTURAL BEST MANAGEMENT PRACTICE (STRUCTURAL BMP): Any structural facility designed and
constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., a canopy,
structural enclosure). This category may include both treatment control BMPs and source control BMPs.
TREATMENT CONTROL BEST MANAGEMENT PRACTICE (TREATMENT CONTROL BMP):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.
5-4-4: ILLICIT DISCHARGES PROHIBITED:
All non-storm water discharges into the MS4 are prohibited unless those flows are: in compliance with a
separate NPDES Permit; pursuant to a discharge exemption by the Regional Board, the Regional Board's
executive officer, or the State Water Resources Control Board; associated with emergency firefighting
activities (i.e.,flows necessary for the protection of life or property); natural flows as defined in the
Municipal NPDES Permit; conditionally exempt non-storm water discharges as defined in accordance
with the Municipal NPDES Permit; or authorized as a temporary non-storm water discharge by the
USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
S-4-5: 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, Municipal NPDES Permit,
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 eighty(180) days of
confirmation of discovery of the illicit connection. (Ord. 1357, 2-18-2003)
5-4-6:CONTROL OF POLLUTANTS FROM SITES OF COMMERCIAL OR INDUSTRIAL ACTIVITY:
A. All dischargers operating under any general storm water permit as may be issued by the USEPA, the
State Water Resources Control Board, or the Regional Board, must comply with all requirements of
such permit. Each discharger identified in an individual NPDES permit must comply with and
undertake all activities required by such permit. Proof of compliance with any such permit may be
required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any
grading, building, or occupancy permits, or any other type of permit or license issued by the City.
B. Non-storm water discharges to the MS4 from industrial or commercial activities are prohibited, unless
approved by a separate permit.
C. Any person or entity required to have a general industrial activities storm water permit(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:
1. a copy of the notice of intent to comply with the general industrial activities storm water permit;
2. a waste discharge identification number(WDID) issued by the California Water Resources
Control Board;
3. a storm water pollution prevention plan (SWPPP), which includes all necessary BMPs from the
Municipal NPDES Permit; and
4. any required storm water quality data.
Alternatively, if a facility has been granted a no-exposure certification, proof of this certification must be
retained on site.
D. 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. (Ord. 1357, 2-18-2003)
5-4-7: 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.
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. (Ord. 1357, 2-18-2003)
5-4-8: BEST MANAGEMENT PRACTICES REQUIRED:
The responsible person must implement best management practices as follows:
A. New Development and Redevelopment projects identified in Part VI.D.7.b of the MS4 Permit
and Title 5 Chapter 7 of the City's Municipal Code must control pollutants, pollutant loads, and
runoff volume by 1) minimizing the impervious surface area and 2) controlling runoff through
infiltration, bioretention, and /or rainfall harvest and use.
B. 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.
C. 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.
D. For other premises exposed to storm water, the responsible person must use BMPs 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. (Ord. 1357, 2-
18-2003)
5-4-9:CONSTRUCTION ACTIVITY STORM WATER MEASURES:
A. Each discharger associated with construction activity, or other discharger described in any
general storm water permit addressing such discharges, as may be issued by the USEPA, the
State Water Resources Control Board, or the Regional Board, must comply with all requirements
of such permit. Each discharger identified in an individual NPDES permit must comply with and
undertake all activities required by such permit. Proof of compliance with any such permit may
be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of
any grading, building, or occupancy permits, or any other type of permit or license issued by the
City.
B. Non-storm water discharges to the MS4 from construction activities are prohibited.
C. Dischargers associated with construction activities must implement effective BMPs, including
source control BMPs, in accordance with the Municipal NPDES Permit and Construction General
Permit, to reduce pollutants in storm water from such sites to the maximum extent practicable.
D. Each person applying to the City for a grading or building permit for projects disturbing one acre
or more of soil for which compliance with the Construction General Permit is required, must
submit satisfactory proof to city: 1)that a notice of intent (NOI) to comply with the Construction
General Permit was filed, and 2) that a storm water pollution prevention plan has been
prepared, before the city can issue any grading or building permit on the 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.
E. It is unlawful for any person or entity required under federal or state law to comply with the
Construction General Permit 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 of the Construction General Permit.
F. Each person applying for a grading or building permit for any project for which compliance with
the Construction General Permit is not required, must submit to the city for information and
implement a grading and construction activity runoff control program adequate to comply with
the Municipal NPDES Permit and accomplish all of the following:
1. Retain on site the sediments generated on or brought to the project site, using treatment
control or structural BMPs in accordance with the minimum BMPs required by the Municipal
NPDES Permit;
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.
G. Persons generating or producing pavement saw cutting wastes in any street, curb or sidewalk in
the city must recover and properly dispose of such saw cutting 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.
H. 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.
I. 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 wash water from any truck, pump, tool
or equipment to enter any drain, open ditch, street or road or any catch basin or any other part
of the MS4. (Ord. 1357, 2-18-2003)
5-4-10:VIOLATIONS:
Each 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. (Ord. 1357, 2-18-2003)
5-4-11: NOTICES OF VIOLATION;ADMINISTRATIVE ORDERS; ENFORCEMENT:
A.The Authorized Enforcement Officer, or designee, is authorized to enforce this chapter through any
lawful means including, without limitation, conducting routine or complaint-driven inspections, and
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. (Ord. 1357, 2-18-2003)
5-4-12: NUISANCE:
Each violation of any provision of this chapter is a public nuisance and may be abated by the city in
accordance with this code. (Ord. 1357, 2-18-2003)
5-4-13: REMEDIES NOT EXCLUSIVE:
The remedies listed in this chapter are in addition to 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. (Ord. 1357, 2-18-2003)
5-4-14: 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 permit, NO1, BMPs,SWPPP, and any permit relevant to the reduction of the
discharge of any pollutant to the maximum extent practicable. (Ord. 1358,4-1-2003)
5-4-15: FEES:
The city council may establish fees for the services provided under this chapter by resolution. (Ord..
1357, 2-18-2003)
Attachment B
Chapter 7
PLANNING AND LAND DEVELOPMENT PROGRAM IMPLEMENTATION
5-7-1: PU'RPOS'E' ND INTENT:
S-7-2: LIMITS OF CHAPTER*
S-7-3:SEVERABILITY
5-7-4.SCOPE OF CHAPTER:
® DEFINITIONS:
S-7-6:RATE OF DISCHARGE:
5-7-7:SUBDIVISION DESIGN:
S-7-8: BEST MANAGEMENT PRACTICE.' BMP
5-7-9. CONTROL OF EROSION' OF SLOPES AND CHANNELS:
5-7-10:SIGNAGE AT STORM DRAINS:
5-7-11: OUTDOOR STORAGE OF MATERIALS:
51-7-12: OUTDOOR TRASH STORAGE AREAS:
5-7-13., MAINTENANCE OF BEST MANAGEMENT PRACTICES:
5-7-14., DESIGN STAN ARDS FOR BEST MANAGEMENT PRACTICES:
5-7-15: LOADING DOCKS:
5�-7-16, REPAIR AND MAINTENANCE BAYS*
5-7-17:WASH AREAS:
5-7-18: RESTAURANTS:
5-7-1 : RETAIL GASOLINE OUTLETS;
5-7-20,, PARKINIG LOTS:
5-7-21:SITE SPECIFIC MITIGATION REQUIREMENTS FOR, NEW DEVELOPMENT AND REDEVELOPMENT
WITH POTENTIAL ADVERSE IMPACTS ON POSTDEVELOPMENT STORM WATER QUALITY:
S-7-22., ENFORCEMENT:
-7-2' : INSPECTIONS:
5-7-1: PURPOSE AND INTENT:
This chapter is adopted pursuant to the City's police powers for the purpose of complying with the Clean
Water Act,the California Porter-Cologne Water Quality Control Act, and the Municipal National
Pollutant Discharge Elimination System (NPDES) Permit, including, without limitation, any amendments
or modifications, by:
A. Controlling non-storm water discharges to the Municipal Separate Storm Sewer System (MS4).
B. Controlling the discharge of pollutants, including those pollutants taken up by storm water as it flows
over urban areas, to the maximum extent practicable.
5-7-2: LIMITS OF CHAPTER:
Nothing in this chapter should be interpreted to:
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.
D. Convey any property rights of any sort, or any exclusive privileges.
E. Authorize any injury to persons or property, or invasion of other private rights, or any infringement of
state or local law or regulations.
5-7-3:SEVERABILITY:
If any provisions of this chapter or the application of any provision of this chapter to any circumstance is
held invalid, the application of such provision to other circumstances and the remainder of this chapter
will not be affected.
5-7-4:SCOPE OF CHAPTER:
A.This chapter applies to ministerial and discretionary approvals of the new development or
redevelopment projects defined in the County of Los Angeles LID Ordinance (Ordinance No. 2013-0044).
B. Each of the projects must meet the requirements of this chapter; the Municipal NPDES Permit; and
the County of Los Angeles LID Ordinance.
5-7-5: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following definitions govern the
construction of the words and phrases used in this chapter. Words and phrases not defined by this
chapter have the meanings stated in the Municipal NPDES Permit and if not described therein,the
Federal Water Pollution Control Act(33 USC section 1251 et seq.); regulations implementing the NPDES,
Clean Water Act Section 402; California Water Code section 13050; and any successor statutes or
regulations.
AUTOMOTIVE SERVICE FACILITY:A facility that is categorized in any one of the following Standard
Industrial Classification (SIC) codes: 5013, 5014, 5511, 5541,7532-7534, or 7536-7539.
BEST MANAGEMENT PRACTICE (BMP): Practices or physical devices or systems designed to prevent or
reduce pollutant loading from storm water or non-.storm water discharges to receiving waters or
designed to reduce the volume of storm water or non-storm water discharged to the receiving water.
BMPs also include treatment requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CONSTRUCTION: Constructing, clearing, grading, grubbing, demolishing, or excavating that results in
land disturbance. Construction does not include emergency construction activities required to
immediately protect public health and safety; routine maintenance activities required to maintain the
integrity of structures by performing minor repair and restoration work; or routine maintenance
required to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.
Construction does not include interior remodeling with no outside exposure of construction material or
construction waste to storm water; mechanical permit work; or sign permit work.
DEVELOPMENT: Any construction, rehabilitation, redevelopment or reconstruction of any public or
private residential project (whether single-family, multi-unit or planned unit development); industrial,
commercial, retail and other nonresidential projects, including public agency projects; or mass grading
for future construction. It does not include routine maintenance to maintain original line and grade,
hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities
required to protect public health and safety immediately.
HAZARDOUS MATERIALS: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
USC section 6901 et seq.,the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 USC section 9601 et seq., or the Carpenter-Presley-Tanner Hazardous Substance Account
Act (HSAA), California Health and Safety Code section 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.
HILLSIDE: Property located in an area with known erosive soil conditions, where the development will
require grading on any natural slope which is twenty five percent(25%) or greater and where grading
will result in cut or filled slopes.
INDUSTRIAL/COMMERCIAL FACILITY: 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 nonprofessional services.This category of facilities includes,
without limitation, any facility defined by the SIC or the North American Industry Classification System
(NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the owner or
operator of the facility are not factors in this definition.
INSPECTION: Entry and the conduct of an on-site review of a facility and its operation, at reasonable
times, to determine compliance with specific municipal or other legal requirements.The steps involved
in performing an inspection, include, but are not limited to:
1. Pre-inspection documentation research;
2. Request for entry;
3. Interview of facility personnel;
4. Facility walk-through;
5. Visual observation of the condition of facility premises;
6. Examination and copying of records as required;
7. Sample collection (if necessary or required);
8. Exit conference;
9. Report preparation, and if appropriate, recommendations for coming into compliance.
LOW IMPACT DEVELOPMENT(LID): Building or landscape features designed to retain or filter storm
water runoff.
Municipal NPDES PERMIT:The "Waste Discharge Requirements for Municipal Separate Storm Sewer
System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges
Originating from the City of Long Beach MS4" (Order No. 114-2012-0175), NPDES Permit No. CAS004001,
effective December 28, 2012, issued by the California Regional Water Quality Control Board—Los
Angeles Region, and any successor permit to that permit.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances
(consisting of roads with drainage systems, municipal streets, catch basins, curbs,gutters, ditches,
manmade channels, or storm drains):
I. Owned or operated by a state, city, town borough, county, parish, district, association, or
other public body (created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial wastes, storm water, or other wastes, including special districts under
State law such as a sewer district, flood control district or drainage district, or similar entity,
or an Indian tribe or an authorized Indian tribal organization, or a designated and approved
management agency under section 208 of the CWA that discharges to waters of the United
States;
2. Designed or used for collecting or conveying storm water;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): 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 program."
NEW DEVELOPMENT: Land disturbing activities; structural development, including construction or
installation of a building or structure, creation of impervious surfaces; and land subdivision.
NON-STORM WATER DISCHARGE: Any discharge into the MS4 that is not composed entirely of storm
water.
PARKING LOT: Land area or facility for the parking or storage of motor vehicles used for business,
commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of
surface area, or with twenty five (25) or more parking spaces.
POLLUTANTS: Those "pollutants" defined in CWA§502(6) (33.U.S.C. §1362(6)), and incorporated by
reference into California Water Code §13373.
REDEVELOPMENT: Land disturbing activity that results in the creation, addition, or replacement of five
thousand (5,000) square feet or more of impervious surface area on an already developed site.
Redevelopment includes, without limitation: the expansion of a building footprint; addition or
replacement of a structure; replacement of impervious surface area that is not part of a routine
maintenance activity; and land disturbing activities 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.
RESTAURANT: 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).
RETAIL GASOLINE OUTLET: Any facility where gasoline and lubricating oils are sold.
ROUTINE MAINTENANCE: Routine maintenance projects include, but are not limited to projects
conducted to:
1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
2. Perform as needed restoration work to preserve the original design grade, integrity and
hydraulic capacity of flood control facilities.
3. Includes road shoulder work, re-grading dirt or gravel roadways and shoulders and performing
ditch cleanouts.
4. Update existing lines and facilities to comply with applicable codes, standards, and regulations
regardless if such projects result in increased capacity.This includes replacing existing lines with
new materials or pipes.
5. Repair leaks.
6. Conduct landscaping activities without changing existing or natural grades.
Routine maintenance does not include construction of new lines or facilities resulting from compliance
with applicable codes, standards and regulations. New lines are those that are not associated with
existing facilities and are not part of a project to update or replace existing lines.
SIC: Standard industrial classification.
SIMPLE LID BMP: A BMP constructed above ground on a single-family residential home that can be
readily inspected by a homeowner or inspector.Simple LID BMPs do not require an operation and
maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include but are not limited
to vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.
SOURCE CONTROL BEST MANAGEMENT PRACTICE (SOURCE CONTROL BMP): Any schedules of activities,
prohibitions of practices, maintenance procedures, managerial practices or operational practices that
aim to prevent storm water pollution by reducing the potential for contamination at the source of
pollution.
STORM WATER: Storm water runoff, snow melt runoff, and surface runoff and drainage related to
precipitation events (pursuant to 40 CFR §122.26(b)(13); 55 Fed. Reg.47990, 47995 (Nov. 16 1990)).
STORM WATER DISCHARGES: Any discharge into the MS4 that is composed entirely of storm water.
STRUCTURAL BEST MANAGEMENT PRACTICE (STRUCTURAL BMP): Any structural facility designed and
constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g., a canopy,
structural enclosure). This category may include both treatment control BMPs and source control BMPs.
TREATMENT: The use of engineered systems that use physical, chemical, or biological processes to
remove pollutants. Such processes include, but are not limited to, filtration,gravity settling, media
absorption, biodegradation, biological uptake, chemical oxidation, and UV radiation.
TREATMENT CONTROL BEST MANAGEMENT PRACTICE (TREATMENT CONTROL BMP): 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.
5-7-6: RATE OF DISCHARGE:
No new development or redevelopment project may increase the pre-project's storm water runoff flow
rates, volumes, and durations from the developed site if this increase would make downstream erosion
more probable.
5-7-7:SUBDIVISION DESIGN:
Unless inconsistent with vested rights, the site design for all new development and redevelopment
subject to this chapter, to the maximum extent practicable, must:
A. Concentrate or cluster new development on portions of the site while leaving the remaining land in a
natural undisturbed condition;
B. Limit clearing and grading of native vegetation to the minimum extent practicable, consistent with the
construction of lots, and to allow access and provide fire protection;
C. Preserve riparian areas and wetlands.
5-7-8: BEST MANAGEMENT PRACTICES(BMPs):
A. On the date this chapter takes effect, those best management practices required by the Municipal
NPDES Permit or the County of Los Angeles LID Ordinance (Ordinance No. 2013-0044) are deemed
incorporated herein by reference and adopted by the city.
B. No best management practice may be used in new development or redevelopment regulated under
this chapter unless listed in the Municipal NPDES Permit, County of Los Angeles LID Ordinance
(Ordinance No. 2013-0044), or the County of Los Angeles LID Standards Manual, unless otherwise
approved by the City.
5-7-9: CONTROL OF EROSION OF SLOPES AND CHANNELS:
A. Single family hillside homes are required to implement mitigation measures in accordance with the
County of Los Angeles LID Ordinance (Ordinance No. 2013-0044)to:
1. Conserve natural areas;
2. Protect slopes and channels;
3. Provide storm drain system stenciling and signage;
4. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope
instability; and
5. Direct surface flow to vegetated areas before discharge unless the diversion would result in
slope instability.
B. Best management practices used on slopes or channels in new development or redevelopment
subject to this chapter must:
1. Convey runoff from tops of slopes;
2. Eliminate or reduce flow to natural drainage systems, and for flows which cannot be eliminated,
utilize natural drainage systems, rather than artificial drainage systems, to the maximum extent
practicable;
3. Stabilize soil at permanent channel crossings;
4. Vegetate slopes with native or drought tolerant species known to control erosion; and
5. Dissipate concentrated flows before they enter unlined channels.
5-7-10:SIGNAGE AT STORM DRAINS:
Within the project area of new development and redevelopment projects, a notice that dumping in
storm drains and catch basins is illegal must be:
A. Stenciled in paint or other permanent means at all storm drain inlets and catch basins;
B. Posted at all known public accesses to natural or artificial drainage channels, creeks, lakes, or other
relevant waterbodies; and
C. Maintained to preserve the sign,
5-7-11: OUTDOOR STORAGE OF MATERIALS:
A.All materials stored outdoors in new development or redevelopment projects subject to this chapter
which, if exposed to storm water, reasonably may be expected to add pollutants to storm water,
must be isolated from contact with storm water by:
1. Enclosure in a structure; or
2. By a surrounding curb or other containment structure.
B.The storage area for materials referred to in subsection A of this section must be covered completely:
1. By impermeable paving, or
2.An overhead covering that adequately diverts precipitation away from the ground between the
material and the surrounding containment structure.
5-7-12: OUTDOOR TRASH STORAGE AREAS:
Except where they serve only single-family residences, solid waste containers in new development or
redevelopment projects subject to this chapter must be placed between collections in areas that:
A. Are isolated from contact with storm water flows originating outside the storage area, and
B. Are surrounded with a barrier sufficient to prevent all trash from being transported out of the storage
area, except during collection.
5-7-13: MAINTENANCE OF BEST MANAGEMENT PRACTICES:
A. Prior to receiving approval for final occupancy, every person applying to the city for approval of any
new development or redevelopment project subject to this chapter, with the exception of simple
LID BMPs implemented on single family residences, must agree in writing to maintain any structural
or treatment control best management practice to be implemented in that development by means
of a covenant running with the land. A maintenance and operation plan must be made part of said
covenant and records of maintenance must be kept on site.
B. The agreement described in this section will remain in force until ownership of the developed
property is transferred, and upon transfer, will be binding on the new owner(s).
5-7-14: DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES:
All new development and redevelopment projects must install BMPs in accordance with County of Los
Angeles LID Ordinance.
Compliance with the LID standards set forth in the County of Los Angeles LID Ordinance will be
demonstrated through the city's LID plan review process. The applicant for any development project
must submit a LID plan to the city for review and approval that provides a comprehensive,technical
discussion of how the development project will comply with the County of Los Angeles LID Ordinance
and the applicable provisions specified in the County of Los Angeles LID Standards Manual.
5-7-15: LOADING DOCKS:
In any ten thousand (10,000) square foot industrial/commercial facility or in any automotive service
facility, in new development or redevelopment subject to this chapter,the design of any outdoor
loading dock area must:
A. Use an overhead covering that prevents the entry of storm water; or
B. Prevent the entry of storm water by diverting it away; and
C. Not direct storm water from any truck well directly into a storm drain system.
5-7-16: REPAIR AND MAINTENANCE BAYS:
In any ten thousand (10,000) square foot industrial/commercial facility or in any automotive service
facility, in new development or redevelopment subject to this chapter, repair or maintenance bays
must:
A. Prevent the entry of storm water by diverting it away or by locating such bays indoors; and
B. Use a drainage system that collects all water from washing and from leaks or spills and stores the
water in a sump for disposal; and
C. Not direct storm water from the bay directly to a storm drain system..
5-7-17:WASH AREAS:
Each wash area for motor vehicles or equipment in any new development or redevelopment subject to
this chapter must incorporate:
A. An adequate overhead covering; and
B. A device that clarifies or otherwise pretreats all wash water; and
C. A drain conducting all treated wash water to a sanitary sewer.
5-7-18: RESTAURANTS:
Each restaurant in any new development or redevelopment subject to this chapter must include an area
for the washing or cleaning of equipment, which:
A. If indoors, will:
1. Be self-contained;
2. Use a grease trap; and
3. Use a drain conducting all wastewater to a sanitary sewer.
B. If outdoors, will:
1. Use an overhead covering adequate to prevent contact with storm water;
2. Be covered with impermeable paving;
3. Be surrounded by a curb or other containment; and
4. Use a drain conducting all wastewater to a sanitary sewer.
5-7-19: RETAIL GASOLINE OUTLETS:
All fuel dispensing areas in any retail gasoline outlet subject to this chapter must:
A. Be covered by a structure that:
1. Extends outward at least as far as the grade break at all points; and
2. Diverts all storm water away from the fueling area.
B. Be paved with a material, other than asphaltic concrete,that is impermeable to water and has a
smooth surface with a slope of not less than two percent (2%) but not more than four percent(4%);
C. Be separated from the rest of the site by a grade break that, to the maximum extent practical,
prevents storm water from entering the fueling area;
D. Extend outward at least six and one-half feet (65)from the outermost corner of any fuel dispenser,
or a distance one foot (1')greater than the combined length of the dispensing hose and nozzle,
whichever distance is less.
5-7-20: PARKING LOTS:
Owners and operators of parking lots in any new development or redevelopment subject to this chapter
must minimize off site transport of pollutants to the maximum extent practical by using the following
BMPs:
A. Minimize impervious land coverage;
B. Provide effective treatment or infiltration of storm water before it is discharged into storm drains;
and
C. Use operational and maintenance measures to remove heavy metals, oil and grease and polycyclic
aromatic hydrocarbons.
5-7-21:SITE SPECIFIC MITIGATION REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT
WITH POTENTIAL ADVERSE IMPACTS ON POST-DEVELOPMENT STORM WATER QUALITY:
On and after the effective date of this chapter, all projects for new development or redevelopment not
meeting the thresholds of section 5-7-4(A), but which have the potential to have adverse impacts on
post-development storm water flows from the site, must submit for approval a site-specific plan
adequate to mitigate post-development storm water quality if the project has any one or more of the
following characteristics:
A. A vehicle or equipment fueling area;
B. A vehicle or equipment maintenance area, including washing and repair;
C.Any commercial or industrial waste handling or storage area;
D. An area for outdoor handling or storage of"hazardous materials", as defined in this chapter;
E. An outdoor manufacturing area;
F.An area where outdoor food handling or processing occurs;
G.An area where outdoor animal care, confinement or slaughter occurs; or
H. An area of outdoor horticultural activity.
5-7-22: ENFORCEMENT:
A. Each violation of any provision of this chapter is both a misdemeanor and a public nuisance.
B.The remedies specified in this chapter are in addition to any other legal remedy that may be available
to the city.
5-7-23: INSPECTIONS:
A.The director of public works, and his/her designated officers, may enforce the provisions of this
chapter.
B. As necessary, these officers may, at a reasonable time and in a manner authorized by the laws of
California, enter and make inspections on any property regulated under this chapter.