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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. 2 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. 3 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. 4 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. 5 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. 6 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 , �