Ordinance - 2091ORDINANCE NO.2091
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA AMENDING THE WEST COVINA MUNICIPAL CODE TO
AMEND EXISTING ARTICLE II SECTIONS 9-26 THROUGH 9-37.,
• PERTAINING TO STORM WATER AND URBAN RUNOFF POLLUTION
CONTROL IN CONNECTION WITH THE STORM WATERIURBAN
RUNOFF PERMIT FOR THE COUNTY OF LOS ANGELES AND THE
INCORPORATED CITIES THEREIN (NPDES PERMIT NO. CAS004001)
WHEREAS, the Congress of the United States has determined that pollutants in storm
water and non -storm water runoff (also referred to as "urban runoff'), are responsible for the
environmental degradation of oceans, lakes, rivers, and other waters of the United States.
WHEREAS, in 1987 Congress amended the Clean Water Act of 1972 to extend National
Pollutant Discharge Elimination System ('NPDES") permit requirements to regulate storm water
and urban runoff discharge into municipal storm drain systems.
WHEREAS, a municipal NPDES permit allows cities and counties to discharge storm
water and certain categories non -storm water runoff from their jurisdictions into waters of the
United States, provided that such municipalities implement a runoff management program.
WHEREAS, the State of California has been granted authority by the United States
Environmental Protection Agency to administer the NPDES storm water program through the State
Water Resources Control Board and its regional boards.
WHEREAS, on July 15, 1996, the California Regional Water Quality Control Board, Los
Angeles Region (hereinafter "regional board"), adopted Waste Discharge Requirements for
Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, under
NPDES Permit No. CAS004001 (`municipal NPDES permit").
WHEREAS, the County of Los Angeles and 85 incorporated cities within Los Angeles
County are subject to the municipal NPDES permit.
WHEREAS, the municipal NPDES permit designates the County of Los Angeles as the
principal permittee and the City of West Covina (`City"), as a co-permittee.
WHEREAS, the municipal NPDES permit requires the City to develop a runoff
management programs for implementation within its jurisdiction to reduce pollutants to receiving
waters.
WHEREAS, on December 17, 1996, City Council adopted Ordinance No. 1984 amending
entitled "Storm Water and Urban Runoff Pollution Control."
WHEREAS, on December 13, 2001, the regional board reissued the municipal NPDES
permit through Order No. 01-182, NPDES Permit No. CAS004001.
WHEREAS, the new municipal permit contains additional regulatory requirements and,
therewith, the need for revised legal authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
• DOES ORDAIN AS FOLLOWS:
SECTION 1. Article Il of Chapter 9 of the West Covina Municipal Code is hereby
amended by replacing the existing provisions to read as follows:
Ordinance 2091
ARTICLE II
STORM WATER AND URBAN RUNOFF
POLLUTION CONTROL
Sections:
•
9.26.
Purpose and Intent.
9.27.
Definitions.
9.28
Illicit Discharges and Non -Storm Water Discharges.
9.29
Illicit Connections.
9.30
Reduction of Pollutants in Runoff.
9.31
Control of Pollutants from Commercial Facilities.
9.32
Control of Pollutants from Industrial Activities.
9.33
Control of Pollutants from Other Industrial Activities.
9.34
Control of Pollutants from State Permitted Construction Activities.
9.35
Control of Pollutants from Other Construction Activities.
9.36
Control of Pollutants from New Developments/Redevelopments.
9.37
Enforcement — Authority.
9.38
Enforcement - Right of Entry.
9.39
Enforcement - Violations and Penalties.
9.26. Purpose and Intent.
The purpose of this Chapter is to protect and improve water quality of receiving waters by:
A. Reducing illicit discharges to the municipal storm water system to the maximum extent
practicable.
B. Eliminating illicit connections to the municipal storm water system.
C. Eliminating spillage, dumping, and disposal of pollutant materials into the municipal storm
water system.
D. Reducing pollutant loads in storm water and urban runoff, from land uses and activities
identified in the municipal NPDES permit.
9.27. Definitions.
For the purpose of the provisions of this Chapter concerning water quality hereinafter set
forth, the following words and phrases shall be construed to have the meanings set forth, unless it
is apparent from the context that a different meaning is intended:
"Best management practice" or "BMP" means any program, technology, process, siting criteria,
operating method, measure, or device which controls, prevents, removes, or reduces pollutants in
storm water and non -storm water runoff.
"Commercial Facility" means restaurants; automotive service facilities; automotive dealerships,
and retail gasoline station outlets or any other definition provided in the municipal NPDES
permit or Storm Water Quality Management Plan.
"Clean Water Act" means the Federal Water Pollution Control Act as amended, 33 U.S.C. 1251, et
• seq.
"Executive Officer" means Executive Officer of the California Regional Water Quality Control
Board, Los Angeles.
"Illicit connection" means any device through or by which an illicit discharge is conveyed into the
municipal storm water system without a permit, including but not limited to floor drains, pipes or
any fabricated or natural conduits, excluding roof drains which convey only storm water.
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Ordinance 2091
"Illicit discharge" means the entry of any material other than storm water unless such discharge is
exempted under the municipal NPDES permit, is allowed under a separate NPDES permit,
including but not limited to a point source permit, a General Industrial Activity Storm Water
permit, or a General Construction Activity Storm Water permit, or is allowed by the Executive
Officer.
"hrdustrial activity" means any of the 10 classifications of industrial facilities specified in 40 Code
of Federal Regulations §122.26 (b)(14), defined by Standard Industrial Classification (SIC) and
which is required to obtain a NPDES permit, not including construction activities.
"Maximum extent practicable" means, within the context of BMP selection, choosing effective
BMPs, and rejecting applicable BMPs only (i) where effective BMPs will serve the same purpose,
(ii) the BMPs would not be technically feasible, or (iii) the cost would be prohibitive.
"Municipal NPDES permit" means California Regional Water Quality Control Board, Los
Angeles Region, Order No. 01-182, NPDES Permit No. CAS004001, Waste Discharge
Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of
Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach, and any
amendment thereto or re -issuance thereof.
"Municipal Separate Storm Sewer System" (referred to herein as "MS4"), means those facilities
within the City by which storm water discharge is conveyed to waters of the United States,
including but not limited to flood control channels, roads with drainage systems, alleys, streets,
catch basins, grates, inlets, curbs, gutters, ditches, storm drains, canals, pipes, and fabricated and
natural channels.
"Non -storm water discharge" means any fluid discharge to the storm drain system and/or receiving
waters that is not composed entirely of storm water but may not necessarily be an illicit discharge.
"NPDES" or "National Pollutant Discharge Elimination System" means a permit issued by the
United States Environmental Protection Agency, the State Water Resources Control Board or a
California Regional Water Quality Control Board pursuant to the Federal Water Pollution Control
Act, also known as the Clean Water Act, as amended, 33 U. S. C. 1251, et seq., that authorizes
discharges to waters of the United States.
"Owner" as applied to a building or real property, means any part owner, joint owner, tenant in
common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of
such building or real property.
"Person" means, within the context of this Chapter, any natural person, firm, association,
organization, partnership, business trust, corporation, or company.
"Pollutant" means the same as it is defined in California Water Code §13373 and includes but is
not limited to garbage, debris, lawn clippings, leaves, fecal waste, biological waste, sediment,
sludge, manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid
or solid containing toxic or non -toxic chemicals, metals, including batteries.
"Receiving waters" means rivers, lakes, oceans, or other bodies of water that receive runoff.
"Redevelopment" means 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.
"Regional Board" means the appointed members of the California Regional Water Quality Control
Board, Los Angeles Region.
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Ordinance 2091
"Runoff" means the portion of rainfall or irrigation water or other water activities also known as
dry -weather flows that flow across the ground surface and eventually to receiving waters. Runoff
can pick up pollutants from the air or the land and carry them to receiving waters.
"State Board" means the State Water Resources Control Board of the California Environmental
Protection Agency (hereinafter "SWRCB").
. "Storm water runoff' means any surface water flow produced by rain or snow melt.
"Storm Water Quality Management Program" means the Los Angeles Countywide Storm Water
Quality Management Program, which includes descriptions of programs, collectively developed
by the permittees in accordance with provisions of the NPDES permit, to comply with applicable
federal and state law, as the same is amended from time to time.
9.28. Illicit Discharges, Dumping, and Non -Storm Water Discharges.
A. No person shall cause or allow an illicit discharge to enter the municipal storm water
system.
B. No person shall place, dump, dispose, litter, accumulate, maintain, discharge, or cause to
enter into the MS4 any pollutant or any foreign object such as batteries, tires, waste
receptacles, yard debris, refuse, rubbish, food waste, chemicals, animal waste, or oil cans —
which are also considered illicit discharges.
C. Any person causing an illicit discharge to the MS4 may be required to pay for the cost of
clean-up and remediation.
D. Any owner of any private property from which a non -storm water discharge is observed
may be required to pay for the cost of collecting and analyzing the discharge to determine if
it is an illicit discharge.
E. The following non -storm water discharges are not considered illicit discharges:
1. Discharges determined by the Executive Officer not to be significant sources of pollution,
including but are not limited to: natural springs and rising ground water; flows from
riparian habitats or wetlands; stream diversions, permitted by the State Board; and
uncontaminated ground water infiltration [as defined by 40 CFR 35.2005(20)]; reclaimed
and potable landscape irrigation runoff, potable drinking water supply and distribution
system releases (consistent with American Water Works Association guidelines for
dechlorination and suspended solids reduction practices); drains for foundations,
footings, and crawl spaces; air conditioning condensate; dechlorinated/debrominated
swimming pool discharges; dewatering of lakes and decorative fountains; non-
commercial car washing by residents or by non-profit organizations; and sidewalk
rinsing.
2. Discharges specifically allowed under a separate NPDES permit, including but not limited
to, a General Industrial Storm Water Activity Permit or General Construction Storm Water
Activity Permit.
9.29. Illicit Connections.
A. No person shall maintain or intentionally use a connection that operates to convey an illicit
discharge to the municipal storm water system.
• B. Upon discovery of an illicit connection, the person owning or operating such connection shall
either remove it or render it incapable of conveying an illicit discharge.
C. If any person fails to eliminate an illicit connection after being called upon by the City to do
so, the City Administrator or the Director of Public Works or his/her designee(s), shall
impose appropriate measures to remove or disable the illicit connection and may recover the
costs from the owner of such illicit connection.
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Ordinance 2091
9.30. Reduction of Pollutants in Runoff.
A. No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing
such pollutants to storm water runoff.
9.31. Control of Pollutants from Commercial Facilities.
• A. Subject commercial facilities shall implement BMPs prescribed by the regional board or its
Executive Officer, through programs or actions made pursuant to the municipal NPDES
permit, as called for more particularly in the City's Storm Water Quality Management
Program, or any revisions made thereto.
9.32. Control of Pollutants from Industrial Activities.
A. It shall be a violation of this Chapter for any industry in the City that is subject to waste
discharge requirements specified in the SWRCB Water Quality Order No. 97-03-DWQ,
Permit No. CAS00001, any revision or a re -issuance thereof, to operate without a General
Industrial Activities Storm Water NPDES Permit.
B. Industries that require a General Industrial Activities Storm Water NPDES permit shall retain
on -site the following documents: (i) a copy of the Notice of Intent for General Permit to
Discharge Storm Water Associated with Industrial Activity; (ii) a waste discharge
identification number issued by the SWRCB; and/or (iii) a Storm Water Pollution
Prevention Plan and Monitoring Program plan.
C. Any industry in the City requiring a General Industrial Activities Storm Water NPDES
permit shall, upon reasonable request from a duly authorized officer of the City, provide any
of the documents described in paragraph B of this section.
9.33. Control of Pollutants from Other Industrial Facilities.
A. Industrial facilities not subject to the General Industrial Activities Storm Water NPDES
permit but are subject to pollution control requirements under the municipal NPDES permit,
shall implement BMPs prescribed by the regional board or its Executive Officer, through
programs or actions made pursuant to the municipal NPDES permit.
9.34. Control of Pollutants from State Permitted Construction Activities.
A. No person shall be granted a grading permit or shall commence or continue any construction
activity that is subject to an General Construction Activity Storm Water NPDES permit
without showing proof of having applied for such permit.
B. Any person engaged in a construction activity requiring an NPDES General Construction
Activity Storm Water NPDES pen -nit construction permit shall retain at the construction site
the following documents: (i) a copy of the Notice of Intent to Comply with Terms of the
General Permit to Discharge Water Associated with Construction Activity; (ii) a waste
discharge identification number issued by the SWRCB; (iii) a Storm Water Pollution
Prevention Plan and Monitoring Program Plan for the construction activity requiring the
construction permit; and (iv) records of all inspections, compliance and non-compliance
reports, evidence of self -inspection and good housekeeping practices.
C. Any person engaged in a construction activity in the City requiring an NPDES General
Construction Storm Water Activity permit shall, upon reasonable request from a duly
authorized officer of the City, provide any of the documents specified in paragraph B of this
• section and shall retain said documents for at least three years after completion of
construction.
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Ordinance 2091
9.35. Control of Pollutants from Other Construction Activities.
A. Any person engaged in a construction activity that is not subject to the General Construction
Storm Water Activity NPDES permit, but is subject to the municipal NPDES permit, shall
comply with all requirements specified in the Storm Water Management Quality Program,
including any revisions made thereto.
9.36. Control of Pollutants from New Developments/Redevelopment Projects.
A. Prior to the construction of a new development or redevelopment project, the subject project
shall be evaluated for its potential to discharge pollutants to the MS4, based on its intended
land use and other considerations. Such evaluation shall be conducted in accordance with
development planning requirements established by the regional board or its Executive
Officer, pursuant to the municipal NPDES permit, as specified in the City's Storm Water
Quality Management Program, including any revisions made thereto.
B. Once a new development or redevelopment project has been evaluated for its potential to
discharge pollutants to the MS4, the City shall require appropriate BMPs to be installed
during construction for implementation following project completion. The prescription of
such BMPs shall be in keeping with development planning requirements established by the
regional board or its Executive Officer, pursuant to the municipal NPDES permit, as
specified in the City's Storm Water Quality Management Program, including any revisions
made thereto.
9.37. Enforcement Authority.
A. The Director of Public Works, and duly authorized representatives thereof, are hereby
authorized and directed to enforce all provisions of this chapter.
B. Nothing in this Chapter precludes a local authority from using regular full-time employees
to enforce this ordinance. This authority shall be in addition to the authority granted to
Police and Community Enhancement officers.
9.38. Right of Entry.
A. Whenever an authorized enforcement officer has reasonable cause to believe that there
exists in any building or upon any premises any condition which constitutes a violation of
the provision of this chapter, the officer may enter such building or premises at any
reasonable time to inspect the same or perform any duty imposed upon the officer by this
chapter, provided that:
1. If such building or premises be occupied, he or she shall first present proper
credentials and request entry.
2. If such building or premises be unoccupied, he or she shall first make a reasonable
effort to locate the owner or occupant of the building or premises and request entry. In
the event that a request for entry is refused, the officer is hereby empowered to seek
assistance from any court of competent jurisdiction in obtaining such entry.
9.39. Violations, Penalties, and Cost -Recovery.
The provisions of former Section 9.37 are re-enacted herein and renumbered as Section 9.39.
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 sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
declared invalid or unconstitutional.
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Ordinance 2091
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.
0
APPROVED AND ADOPTED this 3'd of December 2002.
l�
Mayot Michael Touhey
ATTEST:
rCJ
City Clerk Janet Berry
I, Janet Berry, City Clerk of the City of West Covina, California, do hereby certify that the
foregoing Ordinance No. 2091 was regularly introduced and placed upon the first reading at a
regular meeting of the City Council on the 19°i day of November 2002. That thereafter said
ordinance was duly adopted and passed at a regular meeting of the City Council on the 3"' day of
December 2002, by the following vote:
AYES: Herfert, Miller, Sanderson, Wong, Touhey
NOES: None
ABSENT: None
APPROVED AS TO FORM:
"Attom'ey'Armno
Glasman-Alvarez
0
L�i
City Clerk Janet Berry , �