Ordinance - 198441�
ORDINANCE NO. 1984
A STORM WATER AND 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
DELETING EXISTING SECTIONS 9-26 THROUGH 9-36,
INCLUSIVE, AND ADDING PROVISIONS PERTAINING TO
CONTROL OF MUNICIPAL STORM WATER AND URBAN
RUN-OFF DISCHARGES.
. WHEREAS, the Federal Clean Water Act as amended by the Water Quality Act of 1987
requires National Pollutant Discharge Elimination System (NPDES) permits for storm water
discharges from municipal separate storm sewer systems (MS4's) to waters of the United States;
WHEREAS, the State of California is authorized to administer various aspects of the
NPDES program under the Clean Water Act within the State;
WHEREAS, the State Water Resources Control Board regulates the discharges of
pollutants into waters of the State through the California Regional Water Quality Control Board,
and specifically through the Los Angeles Regional Water Quality Control Board ("Regional
Board") for the area within the jurisdiction of the City of West Covina;
WHEREAS, on July 15, 1996, the Regional Board issued Order No. 96-054 (NPDES No.
CAS 614001) titled "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff
Discharges Within the County of Los Angeles;"
WHEREAS, Order No. 96-054 identifies the County of Los Angeles as the Principal
Permittee, and the incorporated cities within the County of Los Angeles as Co-Permittees;
WHEREAS, the City of West Covina is a Permittee under Order No. 96-054;
WHEREAS, Order No. 96-054 requires each Permittee to demonstrate that it possesses the
legal authority necessary to control discharges to and from those portions of the MS4 over which it
has jurisdiction;
NOW; THEREFORE, the City Council of the City of West Covina, California hereby
ordains as follows:
Section 1. Chapter 9 of the West Covina Municipal Code is hereby amended by deleting
Sections 9-26 through 9-36, inclusive; and by adding the following Sections:
ARTICLE II. STORMWATER / URBAN RUN-OFF POLLUTION CONTROL
Section 9-26. Purpose and Intent.
. (a) The State of California, California Regional Water Quality Control Board, Los
Angeles Region has ordered the City of West Covina to comply with Order No. 96-054 "in order to
meet the provisions contained in Division 7 of the California Water Code and regulations adopted
thereunder, and the provisions of the Clean Water Act, as amended, and regulations and guidelines
40 adopted thereunder." The stated objective of Order No. 96-054 is to "protect the beneficial uses of
receiving waters in Los Angeles County." This Article is enacted to comply with Order No. 96-
054.
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(b) The purposes of this Article are:
1. - To control the contribution of Pollutants to the Municipal Separate Storm
Sewer System (MS4) by storm water Discharges associated with industrial activity and the quality
of storm water discharged from sites of industrial activity unless permitted under a separate NPDES
permit;
2. To prohibit Illicit Discharges and Illicit Connections to the MS4 and require
removal of Illicit Connections;
3. To control spills, dumping, or disposal of prohibited materials to the MS4;
and,
4. To abate conditions and situations on private property that cause obvious
Discharges of prohibited materials to the MS4 or pose the potential for such Discharges.
Section 9-27. Definitions.
For purposes of this Article, the following definitions shall apply:
(a) "Best Management Practices" (BMP's) means any activities, prohibitions, practices,
procedures, programs, or other measures designed to prevent or reduce the Discharge of Pollutants
directly or indirectly into waters of the United States. BMP's shall include, but are not limited to,
those measures specified in the California Stormwater Best Management Practice Handbooks for
Municipal, Industrial/Commercial and Construction Activity and those measures identified by the
Director or the Executive Officer of the Regional Board.
(b) "CEQA" means the California Environmental Quality Act, California Public
Resource Code Sections 21000 et seq., and the regulations thereunder.
(c) "City" means the City of West Covina, California.
(d) "Clean Water Act" means the Federal Water Pollution Control Act, amended in
1977 as the Clean Water Act (Title 33 U.S.C. § 1251 et seq.), and amended in 1987 to establish
new controls on industrial and municipal storm water Discharges, and any and all subsequent
amendments thereto.
(e) "Director" means the Public Works Director / City Engineer of the City of West
Covina or his or her authorized agent, deputy, designee, or representative.
(f) "Discharge" means any release, spill, leak, disposal, flow, escape, leaching
(including subsurface migration or deposition to groundwater), dumping or discarding of any
gaseous, liquid, semi -solid, solid, or radioactive substance, or combination thereof.
(g) "Hazardous Substance" means: any "Hazardous Substance" as that term is defined
under California Health & Safety Code Sections 25281(g), 25501(o) and 25501.1, and pursuant to
Title 42, Section 9601(14) of the United States Code; and any "hazardous waste" as that term is
defined under Title 42 Sections 6903(5) of the United States Code, and under California Health &
Safety Code Section 25550(p); any "hazardous material," as that term is defined under California
Health & Safety Code Section 25501(n); any chemical which the Governor of California has
identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California
Health & Safety Code Section 25249.8; and any crude oil or refined or unrefined petroleum
product, or any fraction or derivative thereof, and any asbestos or Asbestos Containing Material.
The term "Hazardous Substance" includes any amendments to the above -referenced statutes and
regulations.
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(h) "Illicit Connection" means any direct or indirect physical connection to the MS4
which has not been permitted by the City of West Covina, the County of Los Angeles, or the Los
Angeles Regional Water Quality Control Board.
(i) "Illicit Discharge" means any Discharge to the MS4 that is not composed entirely of
Storm Water Runoff except Discharges made pursuant to a National Pollutant Discharge
Elimination System (NPDES) permit or as otherwise authorized by the City of West Covina, the
County of Los Angeles or the Los Angeles Regional Water Quality Control Board.
0) "MS4" means the Municipal Separate Storm Sewer System.
(k) "Municipal NPDES Permit" means an area -wide NPDES permit issued to a
government agency or agencies for the Discharge of storm water from an MS4.
(1) "Municipal Separate Storm Sewer System" (MS4) shall mean any facility within the
City by which Storm Water Runoff may be conveyed to the waters of the United States. This
system includes, but is not limited to: flood control channels, aqueducts, canals, roads with drainage
systems, conduits, streets, catch basins, inlets, curbs, ditches, gutters, storm drains, pipes, and
fabricated and natural channels, and any other drainage structure or system.
(m) "National Pollutant Discharge Elimination System" ("NPDES") Permit means a
storm water Discharge permit issued by the Los Angeles Regional Water Quality Control Board or
the State Water Resources Control Board in compliance with the Clean Water Act.
(n) "New Development Project" means a project involving:
1. The new development of a residential subdivision consisting of 10 or more
individual homes.
2. The new development of an industrial or commercial building or property of
100,000 square feet or greater.
3. The new development of a restaurant or other food service establishment.
4. The new development of an automotive / motor vehicle repair shop, retail
gasoline establishment, or similar establishments providing automotive or truck maintenance and
repair services.
5. Any new development where an Urban Storm Water Mitigation Plan
(USWMP) is required by the Director, the City Manager, or by guidelines established by the
Regional Board.
(o) "Non -Storm Water Discharge" means any Discharge to the MS4 that is not
composed entirely of Storm Water Runoff.
(p) "Person" means any natural Person, firm, association, club, organization,
corporation, partnership, sole proprietorship, business trust, joint venture, company or other entity
which is recognized by law as the subject of rights or duties.
(q) "Pollutant" means the following liquid, solid or semi -solid substances, or any
combination thereof -
GoI. Artificial materials, chips or pieces of natural or man-made materials (such
as floatable plastics, wood or metal shavings);
2. Household waste (such as trash, paper, plastics, lawn clippings and yard
wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers; used oil and fluids
from vehicles, lawn mowers and other common household equipment);
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3. Metals, including but not limited to cadmium, lead, zinc, copper, silver,
nickel, chromium, and non-metals, such as phosphorus and arsenic;
4. Petroleum hydrocarbons (such as crude oils, fuels, lubricants, surfactants,
waste oils, solvents, coolants, condensate and grease);
5. Excessive eroded soils, sediment and particulate materials;
6. Animal wastes (such as Discharge from confinement facilities, kennels, pens
and recreational facilities, including, stables, show facilities, or polo fields);
7. Substances having characteristics with a pH of less than 6.5 or greater than
8.5, or unusual turbidity, or excessive levels of fecal -coliform, fecal streptococcus or enterococcus;
8. Waste materials and wastewater generated on construction sites and by
construction activities (such as painting and staining; use of sealants, glues, limes; excessive
pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos
fibers, paint flakes or stucco, fragments; application of oils; lubricants, hydraulic, radiator or battery
fluids; construction equipment washing, concrete pouring and cleanup wash water or use of
concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or
diluting agents; and super chlorinated water generated by potable water line flushing);
9. Materials causing an increase in biochemical oxygen demand, chemical
oxygen demand or total organic carbon;
10. Materials which contain base/neutral or acid extractable organic compounds;
11. Pollutants defined in Title 33 U.S.C. Section 1362(6) of the Federal Clean
Water Act; and,
12. Any other constituent or material that may adversely affect the beneficial
uses of the receiving waters, flora or fauna of the State, as determined by the State Board or the
Regional Board.
The term "Pollutant" shall not include uncontaminated Storm Water Runoff, potable water
or reclaimed water generated by a lawfully permitted water treatment facility.
(r) "Premises" means any building, structure, fixture or improvement on land, and any
lot, parcel of land, land or portion of land whether improved or unimproved.
(s) "Regional Board" means the California Regional Water Quality Control Board, Los
Angeles Region.
(t) "State Board" means the State Water Resources Control Board.
(u) . "Storm Water Runoff' means surface runoff and drainage associated with rain or
other precipitation events.
(v) "Waste" means sewage, soil from erosion, and any and all other waste substances,
liquid, solid, gaseous, or radioactive, associated with human habitation, or of human origin, or from
any producing, manufacturing, or processing operation or whatever nature including, but not
limited to, waste placed within containers or whatever nature prior to, and for purposes of disposal.
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Section 9.28. Administration.
(a) The responsibility for the administration, oversight and implementation of this
Article is delegated to the Director.
(b) Fees to be charged for plan checking, inspection, enforcement and any other
activities carried out by the City under this Article shall be specified by Resolution of the City
Council.
Section 9.29. Compliance, Enforcement, Inspection, and Abatement.
(a) Where BMP's, guidelines, or other requirements have been adopted by any Federal,
State, regional, County, or local agency, for any activity, operation, or facility which may cause or
contribute to polluted or contaminated Storm Water, or Non -storm Water Discharges, or Illicit
Discharges to the MS4, every Person undertaking such activity or operation, or owning or operating
such facility shall comply with all applicable BMP's, guidelines, and requirements.
(b). All Persons engaged in commercial or industrial activity, or in construction activity,
shall comply with all storm water Discharge requirements of the United States Environmental
Protection Agency and/or the State Board or Regional Board. Proof of compliance with such
Discharge requirements may be required by the City in a form acceptable to the Director, prior to
the issuance of any grading, building or occupancy permit, or any other type of permit or license
issued or to be issued by the City.
(c) The following designated employees may enforce the provisions of this Article by
issuance of citations pursuant to Penal Code Section 836.5 for violations of this Article: the City
Manager; the Director; any Police Officer, and any Code Enforcement Officer.
(d) When deemed necessary by the Director to prevent violation of, or non-
conformance with any provision of this Article or applicable State or Federal law, he or she shall
have the authority 'to: refuse to allow connection to the MS4; suspend service connections to the
MS4; and require (at no cost to the City) any Person to monitor his or her Discharges to ensure
compliance with this Article.
(e) In the event any violation of this Article constitutes an imminent danger to public
health, safety, or the environment, the City Manager or the Director, or any authorized agent
thereof, may enter upon the Premises from which the violation emanates, abate the violation and
danger created to the public safety or the environment, and restore any Premises affected by the
alleged violation, without notice to or consent from the owner or occupant of the Premises. An
imminent danger shall include but is not limited to exigent circumstances created by the Discharge
of Pollutants, where such Discharge presents a significant and immediate threat to the public health
or safety, or the environment.
(0 The City Manager or the Director, or any designee thereof, may, on 24 hour oral or
written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect
any private Premises for the purposes of verifying compliance with the terms and conditions of this
Article. Such inspection may include, but is not limited to: .
1. Identifying products produced, processes conducted, chemicals and
materials used, stored or maintained on the subject Premises;
2. Identifying points of Discharge of all waste • water, non -storm water,
processed water systems and Pollutants;
3. Investigating the natural slope of the Premises, including drainage patterns
and man-made conveyance systems;
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4. . Establishing location of all points of Discharge from the Premises, whether
by surface runoff or through a storm drain system;
5. Locating any Illicit Connection or Illicit Discharge;
6. Examination of a vehicle, truck, trailer, tank or other mobile equipment;
7. Examination of all records of the owner or occupant of public or private
property relating to chemicals or processes presently or previously stored or occurring on the
property, including material and/or chemical inventories, facilities maps or schematics and
diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution
prevention plans, State general permits, storm water pollution prevention plans, and any and all
records relating to Illicit Connections, Illicit Discharges, or any other source of contribution or
potential contribution of Pollutants to the MS4;
8. Inspecting, sampling and testing any area runoff, soils area (including
groundwater testing), process Discharge, materials with any waste storage area (including any
container contents), and/or treatment system Discharges for the purpose of determining the
potential for contribution of Pollutants to the MS4;
9. Inspecting the integrity of all .storm drain and sanitary sewer systems, any
connection to other pipelines on the property, including the. use of dye and smoke tests, video
surveys, photographs or videotapes, and the taking of measurements, drawings or any other records
reasonably necessary to document conditions as they exist on the Premises;
10. The installation and maintenance of monitoring devices for the purpose of
measuring any Discharge or potential source of Discharge to the MS4; and,
11. Evaluating compliance with this Article or the Clean Water Act.
Section 9.30. Notification.
(a) Any Person who intentionally, negligently or otherwise violates any provision of
this Article resulting in a Discharge of a Pollutant or Pollutants to the MS4 shall immediately notify
the Director by telephone or in Person, and shall identify at that time: the location of the Discharge;
the date and time of the Discharge; the type, concentration, and volume of Pollutant Discharged; as
well as any corrective action taken as a result of the Illicit Discharge. Written notification of such
Discharge information shall thereafter be provided to the Director within.48 hours of the Discharge.
(b) All Persons violating this Article shall, within ten (10) calendar days after any such
Discharge of a Pollutant or Pollutants, file with the Director a detailed written report describing: the
cause of the Discharge; the date and time of the Discharge; the type, concentration, and volume of
material Discharged; the location of the Discharge; any specific information necessary in
connection with the location to fully explain the potential impacts from the Discharge; and any
corrective action or other measures taken in connection with the Discharge, including any measures
taken to prevent similar Discharges in the future. Submission of this written report shall not be
deemed to be a waiver or release of any Person for liability, fines or other obligations imposed
under this Article, or otherwise in the City's Code or under State or Federal law.
(c) Any Person having knowledge of or witnessing any illegal or improper discharge
into the MS4 shall notify the Director immediately to enable mitigation or counter measures to be
go performed by or required by the City to minimize damage to the MS4 and receiving waters.
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Section 9.31. Control of Discharges.
(a) Any Person who violates the terms of this Section shall immediately commence all
appropriate response action to investigate, assess, remove and/or remediate any Pollutants
Discharged as a result of such violation, and shall reimburse the City or other appropriate
governmental agency, for all costs incurred in investigating, assessing, monitoring and/or
removing, cleaning up, treating or remediating any Pollutants resulting from such violation,
including all reasonable attorneys' fees and environmental and related consulting fees incurred in
connection therewith.
(b) In order to control the contribution of pollutants to the MS4 by storm water
discharges, premises owners and operators shall comply with the following:
1. Perform regular sweeping or other equally effective measures to remove
debris from industrial/commercial motor vehicle parking lots with more than 25 parking spaces that
are located in areas potentially exposed to storm water;
2. Comply with BMP's or place machinery /equipment that is to be repaired or
maintained such that leaks, spills, and other maintenance related Pollutants are not discharged to the
MS4; and,
3. All Persons who own, operate or maintain storm water clarifiers, separators,
sediment ponds and others storm water treatment systems shall at all times maintain such systems
in good working order and repair. Such systems shall be constructed and installed in a manner so
as to at all times permit easy and safe access for proper maintenance, repair and inspection.
(c) Except as permitted under Subsections (d) and (e) below, Illicit Discharges are
prohibited. No Person shall Discharge or cause, facilitate, or permit any Illicit Discharge, including
but not limited to the Discharges specified below:
1. Untreated washwaters to the MS4 when gas stations, auto or truck repair
garages, or other similar vehicle service facilities are cleaned;
2. Untreated wastewater to the MS4 from mobile auto washing, steamcleaning,
mobile carpet cleaning, or other such similar mobile commercial and industrial operations;
3. Discharges to the MS4 from areas where the repair of machinery and
equipment including motor vehicles, which are visibly leaking oil, fluid or antifreeze is undertaken;
4. Untreated runoff to the MS4 from storage areas of materials containing
grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous
materials;
5. Commercial or municipal swimming pool filter backwash to the MS4;
6. Untreated runoff from the washing of toxic materials from paved and
unpaved areas to the MS4;
7. Untreated runoff to the MS4 resulting from washing of impervious surfaces
in industrial/commercial areas, unless specifically required by State or local Health and Safety
Codes (this Discharge is prohibited or required to be controlled to the maximum extent possible);
8. Untreated waste water to the MS4 from the washing or cleaning of concrete
trucks.
(d) The following Non -Storm Water Discharges are classified as "Exempt" Discharges
and are not prohibited by this Article:
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1. Flows from reparian habitats or wetlands;
2. Diverted stream flows;
3. Springs;
4. Rising ground waters;
5. Uncontaminated ground water infiltration;
6. Discharges or flows from emergency fire fighting activities; and,
7. Other Discharges which are approved as "Exempt" by the Executive Officer
of the Regional Board.
(e) The following Non -Storm Water Discharges are exempt and are not prohibited by
this Article unless they are identified by appropriate governmental authority as being a significant
source of pollutants to receiving waters requiring appropriate BMP's to be imposed in order to
minimize the adverse impacts of such sources.
1. Landscape irrigation;
2. Water line flushing;
3. Potable water sources provided .the discharges are managed in accordance
with, the approved Industry -wide Standard Pollution Prevention Practices developed by the
American Water Works Association, California -Nevada Section, or an equivalent document; and in
compliance with any requirements established by the Director;
4. Foundation drains;
5. Footing drains;
6. Air conditioning condensate;
7. Irrigation water;
8. Lawn Watering;
9. Water from crawl space pumps;
10. Dechlorinated swimming pool discharges;
11. Individual residential car washing; and,
12. Street washing (including sidewalk washing).
Section 9.32. Control of Connections.
(a) No Person shall construct, utilize, maintain, operate or permit the existence of any
Illicit Connection on any Premises owned or operated by such Person.
(b) Any Illicit Connection constructed, utilized, maintained, operated, or permitted .to be
operated on any Premises owned or operated by any Person, from and after the date of the`adoption
of this Article, shall be terminated and removed and/or otherwise sealed in a manner approved by
the Director.
Section 9.33. Control of Spills, Dumping and Disposal of Material.
(a) The following activities are prohibited:
1. Littering;
2. Disposal of leaves, dirt, and other landscape debris in a storm drain; -
3. Discharge to the MS4 of any pesticide, fungicide, or herbicide banned by the
USEPA or the California Department of Pesticide Regulation;
4. Improper disposal of food waste; and,
Disposal of hazardous wastes into trash containers .used for municipal trash
disposal.
(b) In areas exposed to storm water; fuels, chemicals, fuel and chemical wastes, animal
wastes, garbage, batteries and other materials which have potential adverse impacts on water
quality shall be removed or lawfully disposed of or accepted BMP's shall be used.
(c) No Person shall Discharge, or cause or permit to be Discharged any Waste, Refuse,
Hazardous Waste, or Infectious Waste into the MS4, including into any street, alley, alleyway,
sidewalk, inlet, catch basin, storm basin, or drainage structure or facility which is a part thereof, or
onto any public or private property, except through the discarding, depositing, disposal or
placement in containers, barrels and/or bins which are approved for the proper containment and
transportation of such waste material, and except for the disposal of such waste at properly licensed
and permitted solid and/or hazardous waste facilities.
(d) Any Person violating this Section shall immediately cause the,proper collection and
abatement of such waste material and shall remedy and cleanup any Premises and/or any portion of
the MS4 directly or indirectly affected by such Discharge.
Section 9.34. Pollutant Source Reduction.
(a) The following requirements apply to New Development and Construction:
1. All Persons engaged in construction activity within the City requiring a
State Construction Activity Storm Water Permit shall have at the construction site available for
review: (i) a copy of the Notice of Intent for the State Construction Activities Storm Water Permit,
(ii) the Waste Discharge Identification Number issued by the State Water Resources Control Board,
and (iii) copies of the Storm Water Pollution Prevention Plan and Storm Water Monitoring Plan as
required by the Permit.
2. All Persons engaged in construction activity within the City shall implement
BMP's to avoid, to the maximum extent practicable, the Discharge of Pollutants to the MS4.
(b) No grading permit shall be issued for a development with disturbed areas of five
acres or greater unless the applicant can show that (i) a Notice of Intent (NOI) to comply with the
State Construction Activity Storm Water Permit has been filed and (ii) .a Storm Water Pollution
Prevention Plan (SWPPP) has been prepared.
goSection 9.35. Development Planning Requirements.
(a) This Section becomes effective January 1, 1999.
(b) New Development Projects shall be classified by the Director as "Priority" or
"Exempt." "Priority Projects" are development and redevelopment projects requiring discretionary
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approval which the Director determines may have a potential significant effect on storm water
quality. "Exempt Projects" are all other New Development Projects.
(c) Applicants for Priority Projects shall submit an Urban Storm Water Mitigation Plan
(USWMP). For all priority projects, neither a Building Permit nor a Grading Permit shall be issued
until the USWMP is approved by the Director.
(d) The USWMP shall be designed to reduce projected runoff for the project through
incorporation of design elements or principles which address each of the goals set forth below.
Developers should refer to the most recent edition of the Construction Best Management Practices
Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance
on selecting BMP's for reducing Pollutants in Storm Water Discharges from urbanized areas. The
USWMP shall:
1. Implement, to the maximum extent practicable, requirements established by
appropriate governmental agencies under: CEQA; Sections 404 and 1344 of the Clean Water Act;
and other applicable state and local law designed to minimize impacts from Storm Water Runoff on
the biological integrity of natural drainage systems and water bodies;
2. Maximize, to the maximum extent practicable, the percentage of permeable
surfaces in order to allow more percolation of storm water into the ground;
3. Minimize, to the extent practicable, the amount of storm water directed to
impermeable areas and to the MS4;
4. Minimize,.to the.maximum extent practicable, parking lot pollution through
the use of appropriate BMP's, such as retention, infiltration, and good housekeeping;
5. Establish reasonable limits on the clearing of vegetation from the project site
including, but not limited to, regulation of the length of time during which soil may be exposed,
and, in certain sensitive cases, the prohibition of bare soil; and,
6. Provide for appropriate permanent controls to reduce storm water Pollutant
load produced by the development site to the maximum extent possible.
(e) If no building permit has been issued or no construction has begun on a project
within a period of one hundred and eighty (180) days of approval of an USWMP, the USWMP
shall expire. The Director may grant an extension in writing for a period not to exceed one hundred
and eighty (180) days upon written request by the applicant showing that circumstances beyond the
control of the applicant prevented the construction from commencing.
Section 9.36. Development Construction Requirements.
(a) This Section becomes effective January 1, 1999.
(b) New Development Project construction activities shall demonstrate compliance with
established BMP's prior to issuance of a building or grading permit. Applicants shall submit and
obtain the Director's approval for: wet weather erosion control plans; storm water pollution
prevention plans; and all appropriate construction BMP's. BMP's shall:
1. Include erosion and sediment control practices;
2. Address multiple construction activity related Pollutants;
3. Address issues such as: source minimization, education, good housekeeping,
good waste management, and good site planning;
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4. Target construction areas and activities with the potential to generate
significant pollution loads;
5. Require retention on site, to the maximum extent practicable, of sediment,
construction waste, and other pollutants from construction activity;
6. Require, to the maximum extent practicable, management of excavated soil
on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining
properties;
7. Require, to the maximum extent practicable, use of structural drainage
controls to minimize the escape of sediment and other pollutants from the site; and,
8. Require, to the maximum extent practicable, containment of runoff from
equipment and vehicle washing at construction sites, unless treated to remove sediments and
Pollutants.
(c) Priority Projects plans shall include a narrative discussing the reasons for selection
or rejection of BMP's or as an alternative, the architect or engineer of record may sign a statement
on the plans to the effect: "As architect / engineer of record, I have selected appropriate BMP's to
effectively minimize the negative impacts of this project's construction activities on storm water
quality. The project owner and contractor are aware that the selected BMP's must be installed,
monitored, and maintained to ensure their effectiveness. The BMP's not selected for
implementation are redundant or deemed not applicable to the proposed construction activities."
Section 9.37. Violations, Penalties, and Cost Recovery.
(a) , Any violation of this Article and any violation of a written condition of approval
issued by the Director, and any violation of any provision of any NPDES Permit is a misdemeanor
and shall be punishable by either a fine of up to One Thousand Dollars ($1,000) or six (6) months
in the .County jail, or both.
(b) Any Person who may otherwise be charged with a misdemeanor as a result of a
violation of this Article may be charged, at the discretion of the prosecuting attorney, with an
infraction punishable by a fine of not more than $100 for the first violation, $200 for the second
violation, and $250 for each additional violation thereafter.
(c) Violations of this Article may further be deemed to be a public nuisance which may
be abated by administrative or civil or criminal action in accordance with the terms and provisions
of this Code and State law.
(d) The City Attorney is authorized to file in a court of competent jurisdiction a civil
action seeking an injunction against any violation or threatened or continuing violation of this
Article. Any temporary, preliminary or permanent injunction issued pursuant hereto may include
an order for reimbursement to the City for all costs incurred in enforcing this Article, including
costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation
undertaken by or at the expense of the City, and may include all legal expenses and fees and any
and all costs incurred relating to the restoration or remediation of the environment.
. (e) . Any Person acting in violation of this Article may also be acting in violation of the
Clean Water Act or the California Porter -Cologne Act (California Water Code Section 13000 et
seq.) and the regulations thereunder, and other laws and regulations, and may be subject to
damages, fines and penalties, including civil liability under such other laws. The City Attorney is
authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and
orders compelling compliance and appropriate relief.
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(f) Each separate Discharge or other act which is in violation of this Article and each
day a. violation of this Article exists, without correction, shall constitute a new and separate
violation punishable as a separate infraction, misdemeanor and/or civil violation.
(g) The City may utilize any and all other remedies as otherwise provided by law.
(h) Civil Penalties: Any Person who violates any provision of this Article or any
written condition of approval issued by the Director or any State or Federal law 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 dollars ($1000.00) per day for each day in which such
violation occurs or continues. The City may petition the Municipal or Superior Court to impose,
assess, and recover such sums. The civil penalty provided in this Subsection excludes inspection,
abatement, and other costs; is cumulative and not exclusive; and shall be in addition to all other
remedies available to the City under Federal, State, or local laws and ordinances. Funds collected
pursuant to this Subsection shall be paid to the City's Sewer and Storm Drain Utility Enterprise
Fund Account.
(i) Administrative Penalties: Where the Director finds that any Person has violated any
provision of this Article or any written condition of approval issued by the Director or any State or
Federal law or any provision of any NPDES Permit, he or she may assess an administrative penalty
in a sum not to exceed one thousand dollars ($1000.00) per day for each day in which such
violation occurs or continues. The administrative penalty provided in this Subsection shall be
pursuant to administrative procedures; excludes inspection, abatement, and other costs; is
cumulative and not exclusive; and shall be in addition to all other remedies available to the City
under Federal, State, or local laws and ordinances. Funds collected pursuant to this Subsection
shall be paid to the City's Sewer and Storm Drain Utility Enterprise Fund Account.
(j) As a part of any sentence or other penalty imposed or the award of any damage, the
Court may also order that restitution be paid to the City or any injured Person, or, in the case of a
violator who is a minor, by the minor's parent or lawfully designated guardian or custodian.
Restitution may include the amount of any reward.
(k) Any Person violating the provisions of this Article shall reimburse the City for any
and all costs incurred by the City in responding to, investigating, assessing, monitoring, treating,
cleaning, removing; or remediating any Illicit Discharge or Pollutant from the MS4; rectifying any
Illicit Connection; or remediating any violation of this Article. Such costs to be paid to the City
include all administrative expenses and all legal expenses, including costs and attorneys' fees, in
obtaining compliance, and in litigation including all costs and attorneys' fees on any appeal. The
costs to be recovered in this Section shall be recoverable from any and all Persons violating this
Article.
(1) All costs and fees incurred by the City as a result of any violation of this Article
which constitute a nuisance, including all administrative fees and expenses and legal fees and
expenses, shall become a lien against the subject Premises from which the nuisance emanated and a
Personal obligation against the owner, in accordance with Government Code Sections 38773.1 and
38773.5. The owner of record of the Premises subject to any lien shall receive notice of the lien
prior to recording, as required by Government Code Section 38773.1. The City Attorney is
authorized tocollect nuisance abatement costs or enforce a nuisance lien in an action brought for
money judgment, or by delivery to the County Assessor of a special assessment against the
Premises in accordance with the conditions and requirements of Government Code Section
38773.5.
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections or portions of this Article or part thereof. The
City Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more
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sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared
invalid or unconstitutional.
Section 3. Certification. The City Clerk shall certify to the adoption of this ordinance.
Section 4. Effective Date. This ordinance shall become effective thirty (30) days from the
date of its adoption.
PASSED, APPROVED, AND ADOPTED this 7th day of January , 1997.
Mayor
ATTEST-.,.
City Clerk
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the City Council
of the City -of West Covina, California, at a regular meeting thereof held on the 7 th day of
January , 1997, by the following vote of the Council:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM
City Attorne
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City Clerk