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Ordinance - 1938ORDINANCE NO. 1938 A STORMWATER/URBAN RUN-OFF POLLUTION CONTROL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 9 OF THE WEST COVINA . MUNICIPAL CODE BY ADDING PROVISIONS PERTAINING TO REGULATION OF STORM DRAINS DISCHARGES AND URBAN RUN-OFF. SECTION 1. The City Council finds as follows: WHEREAS, the City of West Covina ("City") finds that urban run-off may contribute to the serious water pollution problems identified in our State's bays, estuaries, inland waterways, watersheds, tributary systems, creeks, reservoirs, wetlands, and ocean. WHEREAS, the City finds that one source of water pollution found in this State comes from identified point sources, such as sewage treatment plants or other industrial discharges, as residual pollution after treatment while other sources of pollution are untreated wastes originating from nonpoint sources which are currently unidentified and unregulated. WHEREAS, the City finds that the adverse effects of nonpoint source pollution directly or indirectly may include impairment to the beneficial uses of water which include, but are not limited to, domestic, municipal, agricultural, and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, birdlife, wildlife, and other aquatic resources or preserves. WHEREAS, the City finds and determines that the provisions in this ordinance are exempt under the California Environmental Quality Act Guidelines Section 15308, as an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment. SECTION 2. Chapter 9 of the West Covina Municipal Code, Sections 9-1 through 9-25 of the West Covina Municipal Code shall be known as Article I, "Drainage and Grading". All applicable references therein to "Chapter" shall be changed to "Article". SECTION 3. Chapter 9 of the West Covina Municipal Code shall be amended to read as follows by adding the following Sections: Article II. Stormwater/Urban Run-off Pollution Control Section 9-26. Purpose This Article is enacted for the protection of health, life, resources, and property through prevention and control of unauthorized discharges into watercourses, pursuant to a federal mandate under the Clean Water Act (3 USCA 1251) 40 CFR Parts 122- 125) and in accord with Division 7 (§ 13370 - 13389) of the California Water code and regulations issued by the California Regional Water Quality Control Board, Los Angeles Region. The primary goal of this Section is the cleanup of stormwater pollution from urban run-off that flows to creeks and channels, eventually discharging into the San Pedro or Pacific Ocean Bay area. stormdrain.ord rev 5.27.94 Sec.9-27 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings ascribed to them by this Section, unless the context or the provision clearly requires otherwise. (a) "Best Management Practice" ("BMP") means schedules of activities, . prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of "waters of the United States", as defined in the Clean Water Act Regulation (40 CFR § 122.2). BMPs also include treatment requirements, operating procedures, and practices to control plant site run-off spillage or leaks, sludge, or waste disposal, or drainage from raw material storage. (b) "City" means and includes all the territory lying within the municipal boundaries of the City of West Covina, as presently existing, plus all territory which may be added thereto. (c) "Discharger" means the person who is allowed or permitted to discharge wastewater to storm drains. (d) "Illicit Connection" means the unauthorized connection of a volume or stream of wastewater to storm drains. (e) "Illegal Discharge" means any discharge to a City storm drain or storm sewer that is not composed entirely of storm water, except for discharges authorized by an NPDES permit and discharges resulting from fire -fighting emergencies and activities. (f) "Nonpoint Source Pollution Discharge" means any discharge from land which results or likely will result in an eventual discharge into watercourses. Nonpoint source pollution originates from diverse sources in which pollutants, debris, and chemicals generated from a various land uses accumulate on streets, construction sites, parking lots and other exposed surfaces and are washed off and carried away by stormwater run-off into watercourses. The major pollutants of concern in these discharges are heavy metals, sediments, petroleum hydrocarbons, organochlorine, pesticides, toxins, or any other substance or material deleterious to fish, plant life, or bird life or aquatic life. (g) "NPDES Permit" or "Permit" means a National Pollutant Discharge Elimination System Permit issued by the Regional Water Quality Control Board, Los Angeles Region. (h) "Person" includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Los Angeles public agencies, special purpose districts, and any officer or agency thereof. (i) "Process Wastewater" means wastewater than has been used in one or more industrial processes. 0) "Storm Water" means rainfall run-off, snow melt run-off, urban run- off, and drainage from natural sources, and excludes infiltration. (k) "Storm Drain System" means any pipe, conduit, including, but not limited to, streets, curbs, gutters of the City designed or used for the disposal of storm storradrain.ord rev 5.27.94 waters, surface waters, and natural drainage, including expressly authorized unpolluted water, but excluding any community sanitary sewer system. (1) "Unpolluted Water" means water to which no constituent has been added, either intentionally or accidentally, that would render such water unacceptable for disposal to storm drain systems or natural drainage or directly to surface waters. . (m) "Waste" includes sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature including, but not limited to, waste placed within containers of whatever nature prior to, and for purposes of, disposal. (n) "Watercourse" means a channel or area in which a flow of water occurs, either continuously or intermittently. (o) "Wastewater" means water which contains any waste. Section 9-28. Discharge into the Storm Drains Prohibited. (a) It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any storm drain, or natural outlet or channel, any waste, including, but not limited to, sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, paints, contaminated water or chlorinated swimming pool water, pesticides, herbicides, fertilizers, or other process wastewater. (b) No person shall discharge any substance directly or indirectly into a manhole or other opening in a City storm drain other than through a City approved storm drain connection. (c) No other discharge into the storm drain system other than stormwater run-off shall be allowed. Notwithstanding the foregoing, with an NPDES permit and approval by the Director of Public Works, unpolluted water may be discharged into the City's storm drain system or into a natural outlet or channel. No such discharge may cause any impairment in the beneficial uses or quality of water (as defined in the California Water Code, or under special requirements of the Regional Water Quality Control Board, Los Angeles Region) or may injure or interfere with the City's storm drain system or the operation of the State's watercourses. Section 9-29 Suspension of Service Connections. When found necessary by the Director of Public Works or his or her duly authorized agents and representatives to prevent violation of, or non-conformance with, any provision of this Article or applicable state or federal law, he or she shall refuse to allow or shall suspend service connections to the storm drain system for any person not complying. • with applicable storm drain discharge requirements. Section 9-30 Monitoring of Discharge into the Storm Drain System. (a) When deemed necessary by the Director of Public Works or his or her duly authorized agents and representatives, he or she shall require any person to monitor his or her storm drain discharges to insure compliance with applicable requirements. stormdrain.ord rev 5.27.94 (b) Where BMP guidelines or requirements have been adopted by any federal, state, regional, county, or local agency, for any City activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, discharges of non -storm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility within the City shall comply with all such applicable guidelines or requirements. (c) Nothing contained herein shall limit the Los Angeles County Department of Public Works from acting upon or maintaining and servicing any Los Angeles County -owned storm drain facility nor shall limit a private party doing so for his or her private storm drain. Section 9-31 Public Nuisance. (a) The discharge of garbage, fruit, vegetable, animal or other solid, liquid industrial or other wastes into any storm drain or natural outlet or channel, in violation of any provision of this Article or state or federal laws or regulations is hereby declared to be a public nuisance. The Director of Public Works or his or her duly authorized agents and representatives may seek clean up of the waste or abatement of the effects of the waste as set out in West Covina Municipal Code § 15-200 et seq. or may take any other legally available remedies including, but not limited to, the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from such continued violation or may cite the discharger for a criminal violation of this Code. (b) When the severity of the violation warrants immediate action or is an emergency, the Public Works Director may abate the discharge or cause it to be abated under West Covina Municipal Code § 15-200 et seq. (c) No such abatement of a nuisance relieves the person discharging from further action by the City including, but not limited to, suspension, revocation, or modification of the discharger's permit or liability for any other violations of this Article or Code or of any other applicable provisions of state or federal laws or regulations. Section 9-32 Protection from Accidental Discharge/Notification of Discharge. (a) Any person owning or operating land, equipment or facilities where waste originates shall be responsible for the improper or illegal discharge of wastes regulated by this Article into the storm drain system or a natural outlet or channel whether or not such discharge is intentional or negligent. Liability for any such discharge and remediation shall be the responsibility of the person causing the illegal or improper discharge who shall indemnify, • defend, protect and hold harmless the City, its officers, agents and employees. Any equipment and facilities used to prevent or mitigate illegal discharges shall be provided and maintained at the user's expense. Such violators of this Article also shall be liable for any fines or penalties imposed on the City on account thereof under Section 11350 of the California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State for federal laws, or local ordinances. storrndrain.ord rev 5.27.94 (b) Any person having knowledge of or witnessing any illegal or improper discharge into the storm drain system or into a natural outlet or channel shall notify the West Covina Public Works Department immediately to enable mitigation or. counter-measures to be taken by the City to minimize damage to the storm drain system and the receiving waters. (c) Any verbal notification shall be followed, within five (5) days of the date of occurrence, by a detailed written statement describing the measures being taken to prevent future occurrences. Section 9-33 Discharge Pursuant to NPDES Permit and Approval by the Director of Public Works. (a) Subject to review and approval by the Director of Public Works under Section 9-28 hereof, the provisions of this Article shall not prohibit any discharge in compliance with a valid NPDES permit issued to the discharger. (b) Any discharge that would violate the City's NPDES permit or any amendment, revision, or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge and its remediation shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, indemnify, protect and hold harmless the City, its officers, agents and employees in any administrative or judicial enforcement action relating to such action. Section 9-34 Criminal or Civil Penalty for Violation, Payment of Funds to the Sewer and Storm Drain Utility Enterprise Fund Account. (a) Misdemeanor. Any person who violates any of the provisions of this Article, any of the provisions of any written approval by the Public Works Director or his or her duly authorized agents and representatives, or any provision of any NPDES permit shall be guilty of a misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued, or allowed, shall be a separate offense provided, however, that where the City Attorney has determined that such action would be in the best interest of justice, the City Attorney may specify that the violation shall be prosecuted as an infraction. (b) Enforcement. The following designated employees may enforce the provisions of this chapter by issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employees are: The City Manager, the Director of Public Works and any Police Officer or Code Enforcement Officer. • (c) Civil Penalties. Any person who intentionally, recklessly, or negligently violates any .provision of this Article or state or federal law and regulations or of any written approval issued by the Director of Public Works, or his or designees, or any provision of any NPDES permit may be civilly liable to the City in the sum of not less than one hundred dollars ($100.00) but not to exceed one thousand ($1,000.00) dollars per day for each day in which such violation occurs or continues. The City may petition the municipal s[ormdrain.ord rev 5.27.94 91 • or superior court to impose, assess, and recover such sums. The civil penalty provided in this Section excludes inspection costs and clean up or abatement costs, is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under state and federal law and local ordinances. Funds collected pursuant to this Section shall be paid to City's Sewer and Storm Drain Utility Enterprise Fund Account. Section 9-35. Administrative Penalties Whenever the Public Works Director or his or her duly authorized agents and representatives find that any person has violated any provision of this Article or of state or federal law or regulations, he or she may assess an administrative penalty in a sum not to exceed one thousand dollars ($1,000) per day excluding inspection costs and clean up or abatement costs. The remedy provided in this Section shall be pursuant to administrative procedures and are cumulative and not exclusive, and shall be in addition to all other remedies available to the City under state and federal law and local ordinances. Funds collected shall be paid to the City's Sewer and Storm Drain Utility Enterprise Fund Account. Section 9-36. Costs of Enforcement In any civil, criminal, or administrative appeal, hearing or action commenced by the City under this Article (including any action to collect penalties) the City shall be entitled to recover from the defendant in such action reasonable attorney's fees, costs of suit and any other costs of enforcement including, but not limited to, inspection costs and clean up or abatement costs. SECTION 4. The City Clerk shall certify to the adoption of this ordinance. SECTION 5. This ordinance shall be effective 30 days from the date of adoption. APPROVED AND ADOPTED this 7th . day of .rune . 1994. Mayor ATTEST: City. Cierk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 7th day of June , 1994, by the following vote of the Council, to wit: AYES: Manners, Touhey, Wong, Herfert, McFadden NOES: None ABSENT: None Approved as to form: / City Clerk City Attorney stormdrain.ord rev 5.27.94