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2000 Municipal Code Ordinance 334 Amending Chapter 8.32 Regarding Storm Water Management & Pollution ControlORDINANCE NO. 334 AN ORDINANCE OF. THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL THE CITY COUNCIL OF THE CITY OF ROLLING HILL DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The purpose of this ordinance is to comply with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and' thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. Section 2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3. The City Council hereby amends in its entirety Chapter 8.32 of Title 8 of the Rolling Hills Municipal Code as set forth in Exhibit A incorporated herein by this reference and which is attached hereto and made a part hereof. Section 4. Severability. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. Section 5. Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Ordinance No. 334 1 Section 6. Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED AND ADOPTED ON THE 24TH DAY OF JUNE, 2013. MAYOR ATTEST: HEIDI LUCE, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Ordinance No. 334 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL was approved and adopted at a regular meeting of the City Council on June 24, 2013 by the following roll call vote: AYES: Councilmembers Dieringer, Lay, Pieper and Mayor Hill. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices C4Sid HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 334 2 EXHIBIT A Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 -. Defmitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment projects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title. This Chapter shall be known as the "City of Rolling Hills Storm Water Management and Pollution Control Ordinance." 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, low density residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, water reservoirs, and a.public school campus. F. All roadways in the City are privately owned and maintained by the Rolling Hills Community Association. The City of Rolling Hills does not own or operate a municipal separate storm sewer system. Natural drainage courses within the City are located on private property. G. Properties with geologic instability throughout the City and the hillside topography of the entire community make it difficult and in some instances hazardous for property owners to have storm water retention on site if such retention will result in absorption of water in slide planes. H. All the properties within the City limits are under the constraints and limitations of CC&Rs of the Rolling Hills Community Association 8.32.030 - Purpose and intent. A. The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter - Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; Ordinance No. 334 -3- 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to: 1. Protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit; 2. Provide the City with the legal authority necessary to implement and enforce the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and in the Municipal NPDES Permit to the extent they are applicable in the City of Rolling Hills; and 3. Set forth compliance measures for the construction and operation of storm water mitigation measures required for certain "New Development" and "Redevelopment", and other projects (as further defined herein) as prescribed in the current version of the Municipal NPDES Permit approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the City Manager or his/her designee to serve as an authorized enforcement officer to define and adopt applicable Best Management Practices (BMPs) and other storm water pollution control measures, to grant emergency self -waivers, as necessary, and to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement, and enforce the provisions of this section. 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term defined in the current Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following definitions apply to this chapter only: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non -storm water discharges to receiving waters, or designed to reduce the volume of storm water or non -storm water discharged to the receiving water. Examples of BMP's may include public education and outreach, proper planning of development projects, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means any construction or demolition activity, clearing, grading, grubbing, excavation, or any other activities that result in soil disturbance. Construction includes structure teardown and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); clearing and grubbing of vegetation for landscape maintenance and fire prevention which is not associated with a larger construction project; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. See "Routine Maintenance" definition below. "Construction General Permit" means the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ (NPDES No. CAS000002), adopted September 2, 2009, and any successor permit to that permit. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. Ordinance No. 334 -4- "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except authorized non -storm water discharges; conditionally exempt non -storm water discharges; and non -storm water discharges resulting from natural flows specifically identified in the Municipal NPDES Permit. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of structures and devices on a property, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of property owner, resident and/or occupant(s); 4. Property walk-through; 5. Visual observation of the condition of property; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit discussion (to discuss preliminary evaluation) as appropriate; and Ordinance No. 334 -5- 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Low Impact Development (LID)" means building or -landscape features designed to retain or filter storm water runoff. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned or operated by a state, city, town borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization,or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2. "Natural Drainage Systems" means all drainages that have not been improved (e.g., channelized or armored with concrete, shotcrete, or rip -rap) or drainage systems that are tributary to a natural drainage system. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "New development is not land disturbing activities solely involving landscaping or fire prevention. "Non -storm water discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water. "NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, and revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Section 307, 402, 318, and 405. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. "Project" means all development, redevelopment, and land disturbing activities excluding landscaping projects. "Rain event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Redevelopment" means, land -disturbing activity that results in the creation, addition, or replacement of 10,000 square feet or more of impervious surface on existing single family dwelling and Ordinance No. 334 -6- accessory structures or the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site for non -single family projects. 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 California Regional Water Quality Control Board -Los Angeles Region. "Routine Maintenance" includes, but is not limited to projects conducted to: 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility; 2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities; 3. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts; 4. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity; 5. Repair leaks; 6. Conduct landscaping activities without changing existing or natural grades; and 7. Conduct disking and grubbing for fire prevention. Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Ecological Area" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species; 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis; 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County; 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County; 5. Biotic resources that are of scientific interest because they are either an extreme in physical/ geographical limitations, or represent an unusual variation in a population or community; 6. Areas important as game species habitat or as fisheries; 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County; and 8. Special areas. "Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. "Site" means the land or water area where any "structure or activity" is physically located or conducted, including adjacent land used in connection with the structure or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. Ordinance No. 334 -7- "Storm water" means storm water runoff and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47996 (Nov. 16, 1990)). "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMPs and source control BMPs. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. 8.32.060 - Prohibited activities. A. Illicit Discharges. It is prohibited to discharge pollutants into natural drainage courses. B. Littering. No person shall intentionally throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4 or into natural drainage courses. D. No person shall intentionally dispose of manure or any animal waste into the MS4 or into natural drainage course. E. Non -Storm Water Discharges. All non -storm water discharges into the municipal storm sewer system are prohibited unless those flows are: in compliance with a separate NPDES Permit; pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES Permit; conditionally exempt non -storm water discharges as defined in accordance with the Municipal NPDES Permit; or authorized as a temporary non-stormwater discharge by USEPA pursuant to sections 104(a) or 104(1)) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited discharges include, but are not limited to: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations (excluding non-commercial car washing by residents and non-profit organizations); 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and Ordinance No. 334 -8- 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. F. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. 8.32.070 - Exempted discharges, or conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, the Municipal NPDES Permit as being exempted discharges, or conditionally exempted discharges, shall not be considered a violation of this chapter; provided, that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources and that required conditions outlined in the Municipal NPDES Permit are met prior to discharge. 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the conditionally exempt washing down of paved areas shall be minimized to the maximum extent practicable. Conditionally exempt non -storm water discharges of roadway/driveway wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents. Conditionally exempt non -storm water discharges of roadway/driveway wash water do not include hosing of any driveway or roadway with a garden hose with a pressure nozzle. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall have debris removed in an effective manner regularly from such parking lots. E. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City, regardless of project size, and shall be required from the time of land clearing, demolition, or commencement of construction until final approval: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. Ordinance No. 334 -9- 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. All excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soilpiles not actively in use shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litterdoes not accumulate on the site nor migrate off site. Trash receptacles must be covered at the end of each business day and during rain events. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. Construction sites where the construction activity covers less than 1 acre must implement an effective combination of erosion and sediment control BMPs from the Municipal NPDES Permit to prevent erosion and sediment loss, and the discharge of construction wastes. D. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, E. Construction sites where the construction activity covers 1 acre or more must adhere to the requirements set forth in the Municipal NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) for construction sites of one acre or greater shall be developed by a Qualified SWPPP Developer (QSD) consistent with the Municipal NPDES Permit. The SWPPP must include all elements required by the Construction General Permit. SWPPPs must be prepared in accordance with their calculated risk level per the Construction General Permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. F. BMPs selected for erosion and sediment control shall be detailed in the SWPPP. BMPs shall be selected from the Municipal NPDES Permit, as applicable, and, at a minimum, shall include those BMPs specified in Attachments C, D, and E of the Construction General Permit based on the project risk level. Selected BMPs must be selected, designed, implemented, and maintained in accordance with the BMP technical standards presented in the latest version of the .California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction; or Caltrans Stormwater Quality Handbook, Construction Site Best Management Practices Manual and addenda. G. Roadway paving and repair projects must implement at a minimum the BMPs listed in the Municipal NPDES Permit. Roadway paving or repair projects greater than 1 acre in size shall also abide by the Construction General Permit, and implement all necessary BMPs as required for coverage under the Construction General Permit. 8.32.095 — Planning and Land Development Program requirements for New Development and Redevelopment projects. A. The following New Development and Redevelopment projects are required to comply with the Municipal NPDES Permit: 1. Development projects, including the construction of new single family residential homes, equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious area; 2. Parking lots with 5,000 square feet or more of impervious area or with twenty-five or more parking spaces; 3. Single family hillside residential developments or redevelopments; 4. Redevelopment projects in subject categories that meet Redevelopment thresholds (pursuant to the Municipal NPDES Permit), which include: (a) Land -disturbing activities which create, add, or replace 10,000 square feet or more of impervious surface area on lots developed with single family dwellings and/or accessory structures; and Ordinance No. 334 -10- (b) Land -disturbing activities which create, add, or replace 5,000 square feet or more of impervious surface area on an already developed site excluding lots developed with single family dwellings and accessory structures. (c) Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. (d) Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. 5. Roadway construction with 10,000 square feet or more of impervious surface area shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. 6 Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into a Significant Ecological Area (as deemed herein), where the development will: (a) Discharge storm water that is likely to impact a sensitive biological species or habitat; and (b) Create 2,500 square feet or more of impervious surface area. EXCEPTIONS: The following do not constitute New Development or Redevelopment: 1. Routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety. 2. Discretionary permit projects or phased project applications which have been deemed complete by February 8, 2013 and which have not received an extension of time. 3. Discretionary permit projects with a valid vesting tentative map. B. Incorporation of Planning and Land Development Program requirements into Project Plans. 1. New Development and Redevelopment projects are required to control pollutants and runoff volume from the project site by minimizing the impervious surface area and controlling runoff through infiltration, bioretention, and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES Permit. 2. An applicant for a New Development or a Redevelopment Project identified in Section 8.32.095.A of this Chapter shall incorporate into the applicant's project plans a Post Construction Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from the completed project. Structural or Treatment Control BMPs (including, as applicable, post -construction Treatment Control BMPs) set forth in project plans shall meet the design standards set forth in the current Municipal NPDES Permit. 3. To the extent that the City may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a hillside area, a single-family hillside home Development or Redevelopment project shall implement mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. New Development/Redevelopment Project Performance Criteria: Post -construction control BMPs to mitigate stormwater pollution are required for all new development and redevelopment projects identified in Section 8.32.095.A of this Chapter unless alternative measures are allowed as provided in the Municipal NPDES Permit. BMPs must be implemented to retain on -site the Stormwater Quality Design Volume (SWQDv), defined as runoff from either: Ordinance No. 334 -11- (a) 0.75 inch, 24 -hour rain event; or (b) The 85th percentile, 24 -hour event, as determined from the Los Angeles County 85th percentile precipitation isohyetal map, whichever is greater. BMPs shall meet the design specifications and on -site retention potential outlined in the Municipal NPDES Permit. For projects unable to retain 100% of the SWQDv on -site due to technical infeasibility as defined in the Municipal NPDES Permit, projects must implement alternative compliance measures in accordance with the Municipal NPDES Permit. Single family hillside home development projects are exempt from the New Development/Redevelopment Project Performance Criteria of the Municipal NPDES Permit unless they create, add or replace 10,000 square feet of impervious surface area. 5. Hydromodification Control Criteria. (a) All non-exempt New Development and Redevelopment projects located within natural drainage systems as defined in Section 8.32.040 of this Chapter must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. Projects exempt from hydromodification controls are listed in the Municipal NPDES Permit. The following New Development and Redevelopment projects must include one, or a combination of, hydromodification control BMPs, Low Impact Development (LID) strategies, or stream and riparian buffer restoration measures: i. Projects on single family lots that create, add, or replace 10,000 square feet or more of impervious surface area are required to implement LID BMPs in accordance with parts B.1 through B.4 of this Section. Single family homes implementing such BMPs will satisfy the hydromodification control requirements of the Municipal NPDES Permit. . ii. Projects on non -single family lots disturbing an area greater than 1 acre but less than 50 acres within natural drainage systems must demonstrate one of the following: a. The project has been designed to retain on -site, through infiltration, evapotranspiration, and/or harvest and use, the storm water volume from the runoff of the 95th percentile, 24 -hour storm, or b. The runoff flow rate, volume, velocity, and duration for the post -development condition do not exceed the pre -development condition for the 2 -year, 24 -hour rainfall event, or c. The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a Hydromodification Analysis Study and the equation presented in Attachment J of the Municipal NPDES Permit, or other approved equations. C. Issuance of Final Approval. As a condition for issuing fmal approval for New Development or Redevelopment projects identified in Section 8.32.095.A, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the storm water pollution control Best Management Practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the Municipal NPDES Permit and other applicable regulatory requirements including the following words: "SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE UNDERSTAND AND ACKNOWLEDGE THAT WE ARE RESPONSIBLE FOR THE COST OF CORRECTING ANY DEFFICIENCY IN THE PERFORMANCE OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OF EVASION AND OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE." With the exception of Simple LID BMPs (as defined in Section 8.32.040) implemented on lots developed with single family residences, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices, Treatment Control BMPs, and Hydromodification Control BMPs including but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/ or other legally binding maintenance agreements. These maintenance records must be kept on site for treatment BMPs implemented on single family residences. (b) Ordinance No. 334 -12- D. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance . of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2.. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. E. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. 8.32.100 = Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: (a) Any of the provisions of this chapter; or (b) Any failure to comply with any applicablee equirement of the Municipal NPDES Permit, an approved Post -Construction Storm Water Mitigation Plan, or and approved SWPPP with respect to a property; or (c) Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or (d) Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SWPPP and/or Post -Construction Storm Water Mitigation Plan or the Municipal NPDES Permit, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; and 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with Ordinance No. 334 -13- a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a. provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Carry Out Inspections, Conduct Samplings, and Establishing Sampling Devices. The Authorized Enforcement Officer may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the Municipal NPDES Permit, including the prohibition of non -storm water discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any Authorized Enforcement Officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in storm water and/or non -storm water runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMP's; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. Ordinance No. 334 -14- 84 al Rallaif qice4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 3-E Mtg. Date: 06-24-13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PREPARED BY: YOLANTA SCHWARTZ, PLANNING DIRECTOR p KATHLEEN MCGOWAN, CONSULTANT _ THROUGH: STEVE BURRELL, INTERIM CITY MANAGER SUBJECT: ORDINANCE NO. 334 - AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL DATE: JUNE 13, 2013 ATTACHMENTS: Table 1 - Comparison between the 2001 and 2012 Municipal Separate Storm Sewer System, (MS4), Permits (not comprehensive) Table 2 - Water body/pollutant-specific TMDLs for which the City of Rolling Hills is identified as a responsible agency Ordinance No. 334 (proposed Chapter 8.32 of the Municipal Code) Existing Chapter 8.32 of the Municipal Code Letter of Intent to participate in the CIMP with Peninsula cities RECOMMENDATION It is recommended that the City Council review the staff report, conduct second reading of the Ordinance by title only and adopt the Ordinance. BACKGROUND In July 1996, the California Regional Water Quality Control Board (CRWQCB), Los Angeles Region, pursuant to the Clean Water Act, adopted an Order No. 96-054) requiring that all municipal storm water discharges be subject to and in compliance with the National Pollutant Discharge Elimination System (NPDES) Permit. The requirements of the Order covered the County and 85 incorporated cities, (including Rolling Hills). The City of Rolling Hills adopted Ordinance No. 267 in 1996 adding Chapter 8.32 - Storm Water and Urban Runoff Pollution Control to the Municipal Code to comply with the Order. On January 26, 2000, the CRWQCB adopted Resolution No. R00-02, enacting the Countywide Standard Urban Storm Water Mitigation Plan (SUSMP), thereby expanding the region's storm water control and regulatory responsibilities of the municipal Permittees by further addressing the issues of construction and development planning. On July 24, 2000, and subsequently on January 8, 2001 the City Council adopted Ordinance No. 283 and 284 respectively, to provide storm water pollution control for planning and construction of new development and redevelopment projects in compliance with the Regional Water Quality Control Board's approval of the Countywide Standard Urban Storm Water Mitigation Plan (SUSMP). In December 2001 the CRWQCB, with input and cooperation of the Principal Permittee (County) and participating cities, adopted a new Municipal Stormwater NPDES Permit, Order No. 01-182, which was to be in effect for five years. In August 2002 the City adopted Ordinance No. 289 to comply with the new NPDES Permit, which was a much stricter permit than the previous one. It required more inspections, greater monitoring and record keeping, greater controls of storm water pollution and addressed the need to prevent non -storm water discharges into the municipal storm water system, and is currently being implemented. On November 8, 2012, the Los Angeles Regional Water Quality Control Board adopted a new National Pollutant Discharge Elimination System Permit under the Federal Clean Water Act for discharges from the municipal separate storm sewer system (MS4) within Los Angeles County. The new municipal storm water permit incorporates water quality based storm water discharge limits and receiving water limits translated into the permit from previously developed water body/pollutant-specific total maximum daily loads (TMDLs). Receiving waters are surface waters that receive the stormwater discharge, e.g., Santa Monica Bay, Machado Lake, Los Angeles Harbor. Continuous improvements must be made until water quality standards are met, thus the scope of municipal efforts may have to expand over the term of the permit. The new permit is much stricter than previous permits. It incorporates numeric TMDL restrictions and requires volumetric retention of runoff from rainstorms and requires greater control of sources of pollutants in stormwater runoff. The Permit implementation is mandated by the State and one of the provisions is the adoption of updated stormwater management ordinances, including low impact development standards that comply with the new permit. Non-compliance would result in substantial fines to the City. Table 1 compares some of the significant aspects of the new permit with those in the previous 2001 MS4 permit to give a sense of the change in scope; however Table 1 is not comprehensive and does not fully summarize all the new provisions in the 500+page permit. Table 2 lists the water body/pollutant-specific TMDLs for which the City of Rolling Hills is identified as a responsible agency. The new permit explicitly requires that the City establish and maintain adequate legal authority to implement and enforce the permit requirements within its jurisdiction. This includes the authority to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. The subject ordinance is intended to providesuch legal authority. DISCUSSION The 2012 MS4 Permit provides for three general implementation options, which were presented to the City Council at its January 28, 2013 meeting. The City Council selected Option 1 to implement the new Permit. Under Option 1 the City is required to implement the baseline Minimum Control Measures prescribed in the permit and must demonstrate compliance with strict numeric limits for water quality standards through monitoring. Minimum Control Measures are considered to be baseline or default requirements. They are grouped into six categories similar to those in the previous MS4 Permit including: o Public Information and Participation Program o Industrial/ Commercial Facilities Program (not applicable in Rolling Hills) o Planning and Land Development Program (including a Low Impact Development Ordinance which is new) o Development Construction Program o Public Agency Activities Program (limited applicability in Rolling Hills) o Illicit Connections and Illicit Discharges Elimination Program Permittees that electthis option must implement the Minimum Control Measures (MCMs) by June 28 2013. This is an earlier implementation deadline than for those permittees who selected one of the other two options to meet the mandates of the new MS4 Permit. One of the earlier implementation requirements is the adoption of an ordinance in compliance with the new permit including Low Impact Development standards. Low impact development standards are measures intended to distribute stormwater and urban runoff across development sites to help reduce adverse water quality impacts and help replenish groundwater supplies. LID design strategies are those that utilize every softscape and hardscape surface in development to perform a beneficial hydrologic function by retaining, detaining, storing, changing the timing of, or filtering stormwater runoff. Acceptable methods of LID implementation is to distribute small, cost-effective landscape features throughout the project site, which is different from the conventional water treatment methods, such as pipe and large stormwater management basin designs. It will be required that all development plans, subject to this ordinance, include LID measures. The City contracts with the Los Angeles County Department of Building and Safety and Willdan Engineering for plan -checking and inspections of development projects. They have in the past implemented the requirements of the NPDES Permit either through the County Building Code (or City ordinances) or Best Management Practice (BMP) Manuals, which were approved by the Regional Board. With the earlier implementation deadline for the City of Rolling Hills, the City cannot rely on the County's ordinance to implement the regulations, as the County has just started reviewing its current LID Ordinance to determine what changes must be made to comply with the new permit. The County anticipates having an updated LID ordinance inplace by the end of the year. At this time the City is required to adopt a refined storm water ordinance, including provisions for low impact development by June 28, 2013 to assure compliance with the storm water pollution mitigation measures prescribed in the new Municipal NPDES Permit, under option 1. Geosyntec Consultants prepared the attached ordinance with input and review by the City Attorney and staff. The new mandates require property owners to submit development plans for all development including driveways, as they may trigger compliance. If applicable, the plans must also incorporate the required construction and post -construction measures. It will also require much time and effort by City and Building. Department staff's to determine applicability of the measures to a specific development and then to review approve and monitor the measures. CONTENT OF THE PROPOSED ORDINANCE The proposed ordinance follows the structure of the existing storm water management ordinance, Chapter 8.32, but includes many new provisions, as required by the new MS4 Permit. The existing ordinance is enclosed with this staff report for your information. The proposed ordinance enhances the findings, purpose and intent; adds, amends and clarifies definitions, and in general modifies the existing ordinance to comply with new language of the new MS4 Permit. The major changes occur in Section 8.32.090 - Requirements for construction activities and Section 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment Projects, which includes provisions for low impact development (LID). New requirements for construction activities include: 1. Construction projects regardless of size must to the maximum extent practicable reduce sediments, trash, construction waste and other pollutants; soil piles not actively used must be bermed or covered; trash receptacles must be covered. 2. Sites where the construction activity covers less than one acre must implement erosion and sediment control BMPs from the NPDES Permit. Examples of the controls are listed in the BMPs Manuals adopted by the County and are implemented by the Building Department during plan check and construction; additional erosion and sediment controls will be adopted by the County with their LID ordinance at the end of the year. 3. Sites where the construction activity covers one acre or more must implement erosion and sediment control BMPs from the NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) must be prepared by a qualified SWPPP developer (QSD), and must include calculations for risk level. The selected BMPs for erosion and sediment control must be detailed in the SWPPP and must be designed, implemented and maintained in accordance to the approved lists and technical standards per the latest version of approved Manuals and Handbooks. 4. Roadway paving and repair projects (whether it's by private or public entity) must comply with the BMPs listed in the NPDES Permit and those where the activity is greater than one acre are subject to the requirement of the Construction General Permit. The City will be responsible for educating and assuring compliance by the RHCA staff and their paving contractors with this requirement. 5. Roadway construction of 10,000 sq. ft. or greater of impervious surface must follow USEPA guidelines regarding Managing Wet Weather with Green Infrastructure. 6. New development or redevelopment projects (discretionary or non -discretionary projects), such as new homes where one or more acres is disturbed, parking lots of 5,000 square feet, activities creating 10,000 sq. ft. or more of impervious surfaces or 2,500 sq. ft. of impervious surface if stormwater discharges to or the property is adjacent to a Significant Ecological Area. If a redevelopment project consists of altering or adding 50% or more of impervious surfaces than previously existed then the entire property must be mitigated consistent with the new NPDES permit requirements. 7. Post -construction control BMPs to mitigate storm water pollution are required for all new development and redevelopment projects and must be designed to retain water based on volumetric quantities (0.75 inch, 24 -hour rain event or the 85th percentile, 24 -hour event, which ever is greater). 8. As a condition of issuance of a "Final" inspection for a project all storm water mitigation measures, including post -construction treatment structures must be in place; certification from owner must be submitted stating that he/she will maintain the structures in compliance with the NPDES Permit. 9. When the property is transferred the new owners must assume responsibility for maintenance of the structures and treatment controls. Examples of some of the acceptable implementation methods referred to above would be: • Permeable pavements • Rain Garden • Rain Barrels or Cistern • Dry Well • Bioretention • Biofiltration FISCAL IMPACT The adoption of the mandated ordinance comes with significant new efforts that will require both additional fiscal resources for consulting contracts and additional staff resources to manage and carry out this expanded program. The risk of non-compliance is financial penalties imposed by the Regional Water Quality Control Board and the potential for private party lawsuits. In addition, at this time it is not known if the Building. Department will continue to implement and manage some of the requirements through the General Services Agreement with contract cities or if a separate/amended agreement will be developed to cover County staff time for implementation of the additional requirements. According to the County Building Official, the County Counsel is currently reviewing its options. ENVIRONMENTAL DETERMINATION Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. NOTIFICATION Notice of this matter for the first reading and introduction was included in the draft agenda in the City's newsletter; as well as a separate announcement that this topic will be considered at the June 10 meeting was placed on the front page of the City's newsletter. For the second reading, notice was included in the draft agenda in the City's newsletter. CONCLUSION The proposed ordinance was presented for first reading on June 10, 2013. At that time, the City Council conducted the first reading, waived full reading and asked for public comment. Hearing no public comment, the second reading was scheduled for June 24. It is recommended that the City Council conduct the second reading of the Ordinance by title only adopt the Ordinance. YS:hl THIS PAGE INTENTIONALLY LEFT BLANK Table 1: Some Significant Changes in MS4 Permit . MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Structure • No principal permittee Permittees may self -organize under a watershed structure or implement the permit as an independent entity Principal permittee (LA County Flood Control District) provided assistance to 82 co-permittees: • Coordination/leadership • County -wide Public Ed program • Model programs for each category of control measure • Annual report website Permit approach Performance -based compliance with water quality standards to be measured through an expanded water quality monitoring program. Requires continuous improvement until water quality targets are met Implement specified best management practices to the maximum extent practicable Where MS4 discharges were known to cause or contribute to exceedances of receiving water limitations, improvements to best management practices were required. . TMDLs TMDLs for 32 separate pollutant -receiving water combinations are enforced through the MS4 Permit Few TMDLs enforced through MS4 Permit: • Ballona Creek and LA River Trash TMDLs • Santa Monica Bay Beaches Bacteria TMDLs (temporarily) Table 1: Some Significant Changes in MS4 Permit MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Monitoring Requirements Integrated Watershed Monitoring Plans must include: • Receiving water monitoring 3x per year during wet weather and 2x per year during dry weather for an initial list of 140 pollutants plus toxicity monitoring • Storm drain discharge monitoring for each watershed 3x per year during wet weather • Additional TMDL monitoring as called for in adopted TMDLs (most have more frequent monitoring, i.e., monthly or weekly and even daily at some locations County conducted monitoring of major rivers/storm drain systems, e.g., LA River, Dominguez Channel, Ballona Creek • TMDL monitoring for limited list of pollutants, e.g., o Santa Monica Bay shoreline monitoring for bacteria (weekly or daily monitoring for each of 3 indicators) o Peninsula Cities have been conducting monthly monitoring for nitrogen and phosphorus in accordance with Machado Lake Nutrient TMDL Non-stormwater and Illicit Discharges Non-stormwater Outfall Screening and Monitoring Program • Systematic screening of all outfalls to identify those with significant non stormwater flows • Monitoring to assess water quality impact on receiving water • Track source of significant non-stormwater discharges to identify • Determine whether discharge is illicit and eliminate, or is conditionally exempt or permitted and needs to be re-evaluated as such • Begin monitoring all storm drain discharges that convey significant discharges unless permitted by separate NPDES Permit Complaint -based response to identify and eliminate illicit discharges If discharge was conditionally exempt, then no further action was needed Annual reporting of illicit connections and discharges identified/eliminated for County -wide trend analysis Table 1: Some Significant Changes in MS4 Permit MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Annual Reports Objectives are to assess: Focused on verifying and documenting the • The impact of City's stormwater and non- implementation of best management practices in stormwater discharges on the receiving water accordance with permit requirements, e.g., • Frequency of industrial/commercial inspections • City's compliance with receiving water and results of inspections limitations, numeric water quality -based • Number of new development and effluent limitations and non-stormwater redevelopment projects reviewed and action levels conditioned for water quality measures • Effectiveness of the control measures in • Number of construction sites inspected and reducing discharges of pollutants to receiving results of inspections waters • Frequency of catch basin cleaning and amount • Whether quality of MS4 discharges and the of material removed health of receiving waters is improving, steady or declining • Frequency of street sweeping • Number of illicit discharges identified and Present detailed data and information to allow the Regional Board to verify conclusions eliminated Plus report on progress/milestones and implementation measures Table 2: Matrix of Total Maximum Daily Loads (TMDLs) incorporated into Permit applicable to Rolling Hills Receiving Water Pollutant and Final TMDL Deadline Santa Monica Bay Bacteria during summer dry weather Final Deadline 2006 (final targets in effect) Bacteria during winter dry weather Final Deadline 2009 (final objectives have been reconsidered and revised though revision is not yet effective) Bacteria during wet weather Final Deadline 2021 • Debris (trash) Final Deadline 2020 DDT and PCBs (legacy pollutants) Issued by USEPA so unless addressed in a Watershed Management Program, the TMDL numeric limits become effective immediately Machado Lake Trash Final Deadline 2016 Total Nitrogen and Total Phosphorus Final Deadline 2018 DDT, Chlordane, Dieldrin (pesticides) PCBs Final Deadline 2019 Los Angeles Harbor Metals (copper, lead, zinc) Final Deadline 2032 Legacy pesticides and PCBs Final Deadline 2032 Polynuclear aromatic hydrocarbons Final Deadline 2032 Aquatic toxicity Final Deadline 2032 Note: Additional receiving water limitations include water quality standards for marine waters (including Santa Monica Bay) as defined in the California Ocean Plan which are included in the initial 140 pollutants monitored under the monitoring plan. Any exceedances of these receiving water standards must also be addressed. Similar water quality standards also exist for Dominguez Channel as a freshwater under the Los Angeles Basin Plan. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. 334 AN ORDINANCE OF THE CITY OF ROLLING HII1S AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL, CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL THE CITY COUNCIL OF THE CITY OF ROLLING HILL DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The purpose of this ordinance is to comply with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. Section 2. CEQA. •Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment.. Ordinance No. 334 Section 3. The City Council hereby amends in its entirety Chapter 8.32 of Title 8 of the Rolling Hills Municipal Code as set forth in Exhibit A incorporated herein by this reference and which is attached hereto and made a part hereof. Section 4. Severability. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. Section 5. • Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6. Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED AND ADOPTED ON THE DAY OF , 2013: FRANK E. HILL MAYOR ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 334 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ). ) §§ I certify that the foregoing Ordinance No. 334 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL was approved and adopted at a regular meeting of the City Council on , 2013 by the following roll call vote: AYES: NOES: . . ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 334 3 EXHIBIT A Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 = Requirements for construction activities. 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment projects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title. This Chapter shall be known as the "City of Rolling Hills Storm Water Management and Pollution Control Ordinance." 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry .weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce .the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, low density residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, water reservoirs, and a public school campus. Ordinance No. 334 -1- F. All roadways in the City are privately owned and maintained by the Rolling Hills Community Association. The City of Rolling Hills does not own or operate a municipal separate storm sewer system. Natural drainage courses within the City are located on private property. G. Properties with geologic instability throughout the City and the hillside topography of the entire community make it difficult and in some instances hazardous for property owners to have storm water retention on site if such retention will result in absorption of water in slide planes. H. All the properties within the City limits are under the constraints and limitations of CC&Rs of the Rolling Hills Community Association 8.32.030 - Purpose and intent. A. The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter - Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to: 1. Protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit; 2. Provide the City with the legal authority necessary to implement and enforce the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and in the Municipal NPDES Permit to the extent they are applicable in the City of Rolling Hills; and 3. Set forth compliance measures for the construction and operation of storm water mitigation measures required for certain "New Development" and "Redevelopment", and other projects (as further defined herein) as prescribed in the current version of the Municipal NPDES Permit approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the City Manager or his/her designee to serve as an authorized enforcement officer to define and adopt applicable Best Management Practices (BMPs) and other storm water pollution control measures, to grant emergency self -waivers, as necessary, and to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement, and enforce the provisions of this section. 8.32.040 - Defmitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term defined in the current Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following definitions apply to this chapter only: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non -storm water discharges to receiving waters, or Ordinance No. 334 -2- designed to reduce the volume of storm water or non -storm water discharged to the receiving water. Examples of BMP's may include public education and outreach, proper planning of development projects, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means any construction or demolition activity, clearing, grading, grubbing, excavation, or any other activities that result in soil disturbance. Construction includes structure teardown and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); clearing and grubbing of vegetation for landscape maintenance and fire prevention which is not associated with a larger construction project; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. See "Routine Maintenance" definition below. "Construction General Permit" means the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ (NPDES No. CAS000002), adopted September 2, 2009, and any successor permit to that permit. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines. For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Ordinance No. 334 -3- "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in amanner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations.. The term illicit discharge includes all non -storm water discharges except authorized non -storm water discharges; conditionally exempt non -storm water discharges; and non -storm water discharges resulting from natural flows specifically identified in the Municipal NPDES Permit. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of structures and devices on a property, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of property owner, resident and/or occupant(s); 4. Property walk-through; 5. Visual observation of the condition of property; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit discussion (to discuss preliminary evaluation) as appropriate; and 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Low Impact Development (LID)" means building or landscape features designed to retain or filter storm water runoff. Ordinance No. 334 "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned or operated by a state, city, town borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; -and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2. "Natural Drainage Systems" means all drainages that have .not been improved (e.g., channelized or armored with concrete, shotcrete, or rip -rap) or drainage systems that are tributary to a natural drainage system. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "New development is not land disturbing activities solely involving landscaping or fire prevention. "Non -storm water discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water. "NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, and revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Section 307, 402, 318, and 405. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; Ordinance No. 334 -5- 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. "Project" means all development, redevelopment, and land disturbing activities excluding landscaping projects. "Rain event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Redevelopment" means, land -disturbing activity that results in the creation, addition, or replacement of 10,000 square feet or more of impervious surface on existing single family dwelling and accessory structures or the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site for non -single family projects. 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 California Regional Water Quality Control Board -Los Angeles Region. "Routine Maintenance" includes, but is not limited to projects conducted to: 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility; 2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities; 3. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts; 4. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity; 5. Repair leaks; 6. Conduct landscaping activities without changing existing or natural grades; and 7. Conduct disking and grubbing for fire prevention. Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Ecological Area" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species; Ordinance No. 334 -6- 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis; 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County; 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County; 5. Biotic resources that are of scientific interest because they are either an extreme in physical/ geographical limitations, or represent an unusual variation in a population or community; 6. Areas important as game species habitat or as fisheries; 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County; and 8. Special areas. "Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. "Site" means the land or water area where any "structure or activity" is physically located or conducted, including adjacent land used in connection with the structure or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Storm water" means storm water runoff and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47996 (Nov. 16, 1990)). "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMPs and source control BMPs. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. 8.32.060 - Prohibited activities. A. Illicit Discharges. It is prohibited to discharge pollutants into natural drainage courses. Ordinance No. 334 B. Littering. No person shall intentionally throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4 or into natural drainage courses. D. No person shall intentionally dispose of manure or any animal waste into the MS4 or into natural drainage course. E. Non -Storm Water Discharges. All non -storm water discharges into the municipal storm sewer system are prohibited unless those flows are: in compliance with a separate NPDES Permit; pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES Permit; conditionally exempt non -storm water discharges as defined in accordance with the Municipal NPDES Permit; or authorized as a temporary non-stormwater discharge by USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited discharges include, but are not limited to: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations (excluding non-commercial car washing by residents and non-profit organizations); 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. F. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other .discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and Ordinance No. 334 hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. 8.32.070 - Exempted discharges, or conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, the Municipal NPDES Permit as being exempted discharges, or conditionally exempted discharges, shall not be considered a violation of this chapter; provided, that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources and that required conditions outlined in the Municipal NPDES Permit are met prior to discharge. 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the conditionally exempt washing down of paved areas shall be minimized to the maximum extent practicable. Conditionally exempt non -storm water discharges of roadway/driveway wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents. Conditionally exempt non -storm water discharges of roadway/driveway wash water do not include hosing of any driveway or roadway with a garden hose with a pressure nozzle. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible t� or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall have debris removed in an effective manner regularly from such parking lots. E. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. Ordinance No. 334 -9- B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City, regardless of project size, and shall be required from the time of land clearing, demolition, or commencement of construction until final approval: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. All excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles not actively in use shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. Trash receptacles must be covered at the end of each business day and during rain events. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. Construction sites where the construction activity covers less than 1 acre must implement an effective combination of erosion and sediment control BMPs from the Municipal NPDES Permit to prevent erosion and sediment loss, and the discharge of construction wastes. D. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, E. Construction sites where the construction activity covers 1 acre or more must adhere to the requirements set forth in the Municipal NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) for construction sites of one acre or greater shall be developed by a Qualified SWPPP Developer (QSD) consistent with the Municipal NPDES Permit. The SWPPP must include all elements required by the Construction General Permit. SWPPPs must be prepared in accordance with their calculated risk level per the Construction General Permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. F. BMPs selected for erosion and sediment control shall be detailed in the SWPPP. BMPs shall be selected from the Municipal NPDES Permit, as applicable, and, at a minimum, shall include those BMPs specified in Attachments C, D, and E of the Construction General Permit based on the project risk level. Selected BMPs must be selected, designed, implemented, and maintained in accordance with the BMP technical standards presented in the latest version of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction; or Caltrans Stormwater Quality Handbook, Construction Site Best Management Practices Manual and addenda. Ordinance No. 334 -10- G. Roadway paving and repair projects must implement at a minimum the BMPs listed in the Municipal NPDES Permit. Roadway paving or repair projects greater than 1 acre in size shall also abide by the Construction General Permit, and implement all necessary BMPs as required for coverage under the Construction General Permit. 8.32.095 — Planning and Land Development Program requirements for New Development and Redevelopment projects. A. The following New Development and Redevelopment projects are required to comply with the Municipal NPDES Permit: 1. Development projects, including the construction of new single family residential homes, equal, to 1 acre or greater of disturbed area and adding more than 10;000 square feet of impervious area; 2. Parking lots with 5,000 square feet or more of impervious area or with twenty-five or more parking spaces; 3. Single family hillside residential developments or redevelopments; 4. Redevelopment projects in subject categories that meet Redevelopment thresholds (pursuant to the Municipal NPDES Permit), which include: (a) Land -disturbing activities which create, add, or replace 10,000 square feet or more of impervious surface area on lots developed with single family dwellings and/or accessory structures; and (b) Land -disturbing activities which create, add, or replace 5,000 square feet or more of impervious surface area on an already developed site excluding lots developed with single family dwellings and accessory structures. (c) Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. (d) Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. 5. Roadway construction with 10,000 square feet or more of impervious surface area shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. 6. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into a Significant Ecological Area (as defined herein), where the development will: (a) Discharge storm water that is likely to impact a sensitive biological species or habitat; and (b) Create 2,500 square feet or more of impervious surface area. EXCEPTIONS: The following do not constitute New Development or Redevelopment: Ordinance No. 334 -11- 1. Routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety. 2. Discretionary permit projects or phased project applications which have been deemed complete by February 8, 2013 and which have not received an extension of time. 3. Discretionary permit projects with a valid vesting tentative map. B. Incorporation of Planning and Land Development Program requirements into Project Plans. 1. New Development and Redevelopment projects are required to control pollutants and runoff volume from the project site by minimizing the impervious surface area and controlling runoff through infiltration, bioretention, and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES Permit. 2. An applicant for a New Development or a Redevelopment Project identified in Section 8.32.095.A of this Chapter shall incorporate into the applicant's project plans a Post Construction Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from the completed project. Structural or Treatment Control BMPs (including, as applicable, post -construction Treatment Control BMPs) set forth in project plans shall meet the design standards set forth in the current Municipal NPDES Permit. 3. To the extent that the City may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a hillside area, a single-family hillside home Development or Redevelopment project shall implement mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. New Development/Redevelopment Project Performance Criteria: Post -construction control BMPs to mitigate stormwater pollution are required for all new development and redevelopment projects identified in Section 8.32.095.A of this Chapter unless alternative measures are allowed as provided in the Municipal NPDES Permit. BMPs must be implemented to retain on -site the Stormwater Quality Design Volume (SWQDv), defined as runoff from either: (a) 0.75 inch, 24 -hour rain event; or (b) The 85th percentile, 24 -hour event, as determined from the Los Angeles County 85`h percentile precipitation isohyetal map, whichever is greater. BMPs shall meet the design specifications and on -site retention potential outlined in the Municipal NPDES Permit. For projects unable to retain 100% of the SWQDv on -site due to technical infeasibility as defined in the Municipal NPDES Permit, projects must implement alternative compliance measures in accordance with the Municipal NPDES Permit. Ordinance No. 334 -12- Single family hillside home development projects are exempt from the New Development/Redevelopment Project Performance Criteria of the Municipal NPDES Permit unless they create, add or replace 10,000 square feet of impervious surface area. 5. Hydromodification Control Criteria. (a) All non-exempt New Development and Redevelopment projects located within natural drainage systems. as defined in Section 8.32.040 of this Chapter must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. Projects exempt from hydromodification controls are listed in the Municipal NPDES Permit. The following New Development and Redevelopment projects must include one, or a combination of, hydromodification control BMPs, Low Impact Development (LID) strategies, or stream and riparian buffer restoration measures: i. Projects on single family lots that create, add, or replace 10,000 square feet or more of impervious surface area are required to implement LID BMPs in accordance with parts B.1 through B.4 of this Section. Single family homes implementing such BMPs will satisfy the hydromodification control requirements of the Municipal NPDES Permit. . ii. Projects on non -single family lots disturbing an area greater than. 1 acre but less than 50 acres within natural drainage systems must demonstrate one of the following: a. The project has been designed to retain on -site, through infiltration, evapotranspiration, and/or harvest and use, the storm water volume fromthe runoff of the 95th percentile, 24 -hour storm, or b. The runoff flow rate, volume, velocity, and duration for the post -development condition do not exceed the pre -development condition for the 2 -year, 24 -hour rainfall event, or c. The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a Hydromodification Analysis Study and the equation presented in Attachment J of the Municipal NPDES Permit, or other approved equations. C. Issuance of Final Approval. As a condition for issuing final approval for New Development or Redevelopment projects identified in Section 8.32.095.A, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the storm water pollution control Best Management Practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the Municipal NPDES Permit and other applicable regulatory requirements including the following words: "SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE UNDERSTAND AND ACKNOWLEDGE THAT WE ARE RESPONSIBLE FOR THE COST OF CORRECTING ANY DEFFICIENCY IN THE PERFORMANCE OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OF EVASION AND OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE." (b) Ordinance No. 334 -13- With the exception of Simple LID BMPs (as defined in Section 8.32.040) implemented on lots developed with single family residences, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices, Treatment Control BMPs, and Hydromodification Control BMPs including but not limited to: fmal map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/ or other legally binding maintenance agreements. These maintenance records must be kept on site for treatment BMPs implemented on single family residences. D. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2.. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. E. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: (a) Any of the provisions of this chapter; or (b) Any failure to comply with any applicable requirement of the Municipal NPDES Permit, an approved Post -Construction Storm Water Mitigation Plan, or and approved SWPPP with respect to a property; or (c) Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or (d) Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SWPPP and/or Post -Construction Storm Water Mitigation Plan or the Municipal NPDES Permit, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. Ordinance No. 334 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; and 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Carry Out Inspections, Conduct Samplings, and Establishing Sampling Devices. The Authorized Enforcement Officer may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the Municipal NPDES Ordinance No. 334 -15- Permit, including the prohibition of non -storm water discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any Authorized Enforcement Officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in storm water and/or non -storm water runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMP's; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. Ordinance No. 334 -16- ® THIS PAGE INTENTIONALLY LEFT BLANK EXISTING ORDINANCE Chapter 8.32 - STORM WATER AND URBAN RUNOFF POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 - Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Standard Urban Storm Water Mitigation Plan ("SUSMP") requirements for new development and redevelopment proiects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title.This chapter shall be known as the "City of Rolling Hills Storm Water Management and Discharge Control Ordinance." (Ord. 267 § 1(part), 1996). 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and urban runoff discharge into storm drain systems. B. Storm water and urban runoff flows from individual properties onto streets, then through storm drains passing through the City. C. The City of Rolling Hills is a co-permittee under the "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" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board —Los Angeles Region, which also serves as a NPDES permit under the Federal Clean Water Act and as a co-permittee, the City is required to implement procedures with respect to the entry of non -storm water discharges into the municipal storm water system. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, virtually built -out residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, and a public school campus. There are no commercial or industrial uses in the City and there is no land in the City zoned for such purposes. F. All streets, roads and trails in the City are privately owned and maintained by the Rolling Hills Community Association. All storm drains in the City are owned and maintained either by the Community Association or the County of Los Angeles. Many natural watercourses are located on private property. G. Active landslides in some areas of the City make it hazardous for the City to encourage storm retention on site if such retention will result in absorption of water in slide planes. (Ord. 289-U §§ 1, 2, 2002; Ord. 267 § 1(part), 1996). 8.32.030 - Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the City and the water quality of the receiving waters of the County of Los Angeles and surrounding coastal areas by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the Santa Monica Bay: and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit. C. This chapter is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the municipal storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows. D. This chapter also sets forth requirements for the construction and operation of certain "new development" and "redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the authorized enforcement officer to define and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement and enforce the provisions of this section. (Ord. 289-U § 3, 2002; Ord. 284 § 1, 2001; Ord. 267 § 1(part), 1996). 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or in the current version of the Standard Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board -Los Angeles Region, or if it is not specifically defined in either the Municipal NPDES Permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this chapter: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance. Construct -ion includes structure teardown. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging Directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as dis-tinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Greater than (>) nine unit home subdivision" means any subdivision being developed for ten or more single-family or multi -family dwelling units. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except discharges pursuant to a separate NPDES permit, discharges that are identified in Part 1, "Discharge Prohibitions" of Order 01-182, and discharges authorized by the Regional Board Executive Officer. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of facility personnel; 4. Facility walk-through. 5. Visual observation of the condition of facility premises; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit conference (to discuss preliminary evaluation); and, 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Maximum Extent Practicable (MEP)" means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. See also State Board Order WQ 2000-11 at page 20. "Municipal NPDES permit" means the "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" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities, publicly or privately owned, that are located within the City and used for the purpose of collecting, storing, transporting or disposing of storm water. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "Non -storm water discharge" means any discharge to a municipal storm water system that is not composed entirely of storm water. "NPDES permit" means any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES permit pursuant to Water Code Sections 13370 (other than the Municipal NPDES Permit). "Planning Priority Projects" mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including: 1. Ten or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments); 2. Parking lots five thousand square feet or more of surface area or with twenty-five or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and 5. Those projects that require the implementation of a site -specific plan to mitigate post - development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post -development storm water quality, and where the following project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; or (c) Outdoor horticulture activities. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag; ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus; The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the Best Management Practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the Best Management Practices available. "Project" means all development, redevelopment, and land disturbing activities. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health safety. "Regional Board" means the California Regional Water Quality Control Board -Los Angeles Region. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Redevelopment" means land -disturbing activity that results in the creation or addition or replacement of five thousand square feet or more of impervious surface area on an already developed site. "Site" means the land or water area where any "facility or. activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by, the Executive Officer of the Regional Board for implementation to control storm water pollution from new development and redevelopment or any project specifically identified in Section 8.32.095(A). "Storm event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Storm water runoff' means that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi -pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases. "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMP's and source control BMP's. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, .biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. "Urban runoff' means surface water flow produced by non -storm water resulting from residential and institutional activities involving the use of potable and non -potable water. (Ord. 289-U §§ 4, 5, 2002; Ord. 284 §§ 2, 3, 4, 2001; Ord. 267 § 1(part), 1996). 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. (Ord. 267 § 1(part), 1996). 8.32.060 - Prohibited activities. A. Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the municipal storm water system, or to commence or continue any illicit discharges to the municipal storm water system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows. B. Littering. It is prohibited to throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage or any other discarded or abandoned objects, articles or accumulations, on or upon any street, driveway, trail, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt or other landscape debris into the MS4. D. Non -Storm Water Discharges. The following non -storm water discharges into the municipal storm water system are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. F. Industrial Activities. No person shall conduct any industrial activity in the City. (Ord. 289-U §§ 6, 7, 8, 2002; Ord. 267 § 1 (part), 1996). 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II.0 of the Municipal NPDES Permit as being exempted discharges, conditionally exempted discharges or designated discharges shall not be considered a violation of this chapter; provided, that any applicable BMP's developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources. (Ord. 267 § 1(part), 1996). 4o0 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to streets or the MS4 may or does occur. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable. Sweeping and collection of debris is encouraged for trash disposal. 9 P C. Storage of Materials, Machinery and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots. E. Food Wastes. Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4. F. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. (Ord. 289-U § 10, 2002; Ord. 267 § 1(part), 1996). 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. Between October 1 and April 15, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, D. A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction sites of one acre or greater shall be developed consistent with the municipal NPDES permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. (Ord. 289-U § 11, 2002; Ord. 267 § 1 (part), 1996). 8.32.095 - Standard Urban Storm Water Mitigation Plan ("SUSMP") requirements for new development and redevelopment projects. A. Projects Requiring a SUSMP. The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the current Municipal NPDES Permit: 1. Ten or more unit homes; 2. Parking lots five thousand square feet or more of surface area or with twenty-five or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into an Environmentally Sensitive Area (as defined herein), where the development will: i. Discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat; and ii. Create two thousand five hundred square feet or more of impervious surface area. B. Incorporation of SUSMP into Project Plans. 1. An applicant for a New Development or a Redevelopment Project identified in paragraph a of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan ("SWMP"), which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's (including, as applicable, post -construction Treatment Control BMP's) set forth in project plans shall meet the design standards set forth in the SUSMP and the current Municipal NPDES Permit. 2. If a Project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. 3. A new single-family hillside home development or Redevelopment shall include mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. Numerical Design Criteria: Post -construction Treatment Control BMPs for all projects must incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water. runoff: (a) Volumetric Treatment Control BMP (1) The 85th percentile 24 -hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or (2) The volume of annual runoff based on unit basin storage water quality volume, to achieve eighty percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook - Industrial/ Commercial, (1993); or (3) The volume of runoff produced from a 0.75 inch storm event, prior to its discharge to a storm water conveyance system; or (4) The volume of runoff produced from a historical -record based reference 24 - hour rainfall criterion for "treatment" (0.75 -inch average for the Los Angeles County area) that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24 -hour runoff event. (b) Flow Based Treatment Control BMP (1) The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or (2) The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for Los Angeles County; or The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above. (3) 5. Applicability of Numerical Design Criteria: The numeric design criteria listed above shall apply to the following categories of projects required to design and implement post -construction treatment controls to mitigate storm water pollution: (a) Single-family hillside residential developments of one (1) acre or more of surface area; (b) Housing developments of ten units or more; (c) Parking lots five thousand square feet or more of surface area or with twenty- five or more parking spaces; (d) Projects located in, adjacent to or discharging directly to an Environmentally Sensitive Area that meet threshold conditions identified above in Section 8(a); and (e) Redevelopment projects in subject categories that meet Redevelopment thresholds. 6. The following categories of Projects which otherwise do not require a SUSMP, but which may potentially have adverse impacts on post -development storm water quality, shall be designed to include post -construction Treatment Controls to mitigate storm water pollution and the implementation of a site -specific plan to mitigate post -development storm water for New Development and Redevelopment where one or more of the following Project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; or (c) Outdoor horticulture activities. 7. A SUSMP, or site -specific requirements, including post -construction storm water mitigation, shall be required for all Planning Priority Projects (as defined herein) that undergo Significant Redevelopment (as defined herein) in their respective categories. 8. Existing single family structures are exempt from the Redevelopment requirements set forth in this chapter. C. Issuance of Discretionary Permits. No discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph A of this section until the Authorized Enforcement Officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements. Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire. development. Existing single family structures are exempt from the redevelopment requirements. D. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of occupancy for new development or redevelopment project identified in subsection A of this section, the authorized enforcement officer shall require facility operators and/or owners to build all the storm water pollution control Best Management Practices and structural or treatment control BMP's that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMP'S will be maintained in compliance with the SUSMP and other applicable regulatory requirements. E. Granting of Waiver. The authorized enforcement officer shall have the authority to grant a waiver to a development or redevelopment project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all structural or treatment control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the regional board: 1. Extreme limitations of space for treatment on a redevelopment project; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten feet from the soil surface. F. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current' standards of the City and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2. For residential properties where the structural or treatment control BMP's are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance. 3. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. G. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. (Ord. 289-U § 12, 13, 14, 2002; Ord. 284 § 5, 2001). 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: a. Any of the provisions of this chapter; or b. Any failure to comply with any applicable requirement of either the SUSMP or an approved storm water mitigation plan with respect to a property; or c. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or d. Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved storm water mitigation plan or the SUSMP, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Conduct Samplings and Establishing Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMPs; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. (Ord. 289-U §15, 2002; Ord. 284 §6, 2001; Ord. 267 §1(part), 1996). 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. (Ord. 267 §1(part), 1996). THIS PAGE INTENTIONALLY LEFT BLANK June 27, 2013 Ctty `le ll,.a Jh// INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Samuel Unger, Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy LETTER OF INTENT TO PARTICIPATE IN THE: DEVELOPMENT OF A COORDINATED INTEGRATED MONITORING PROGRAM IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED GROUP Dear Mr. Unger; The City of Rolling Hills, with this letter, states its intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of a Coordinated Integrated Monitoring Program (CIMP) in accordance with the new MS4 Permit . by Order No. R4-2012-0175 for submission to your Board. The CIMP will address all of the required monitoring elements in the MS4 Permit for each of the watersheds to which the City is tributary. The Palos Verdes Peninsula Watershed Group .includes only the following agencies:. the City of Ranchos Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the City of Rolling Hills, the County of Los Angeles, a political subdivision of the State of California, and Los Angeles Flood Control District. The City of Rolling Hills further intends to cost share in the development cost of a Coordinated Integrated Monitoring Program (CIMP). A cost sharing formula has been negotiated by among participating representatives of the Group as to the equitable distribution of costs. Should you have any questions,. please contact me at 310 377-1521 Sincerely, Steve Burrell, Interim City Manager Printed on Recycled Paper 4 ee't R114:09 ge,e4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 7-A Mtg. Date: 06-10-13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PREPARED BY: YOLANTA SCHWARTZ, PLANNING DIRECTOR KATHLEEN MCGOWAN, CONSULTANT THROUGH: STEVE BURRELL, INTERIM CITY MANAGER SUBJECT: ORDINANCE NO. 334 - AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL DATE: JUNE 10, 2013 ATTACHMENTS: Table 1 - Comparison between the 2001 and 2012 Municipal Separate Storm Sewer System, (MS4), Permits (not comprehensive) Table 2 - Water body/pollutant-specific TMDLs for which the City of Rolling Hills is identified as a responsible agency Ordinance No. 334 (proposed Chapter 8.32 of the Municipal Code) Existing Chapter 8.32 of the Municipal Code Letter of Intent to participate in the CIMP with Peninsula cities RECOMMENDATION It is recommended that the City Council review the staff report, open the public hearing and introduce the ordinance for first reading. It is also recommended that the City council authorize the Interim City Manger to sign an Intent Letter to participate with Peninsula cities in the development of a Coordinated Integrated Monitoring Program, (CIMP). BACKGROUND In July 1996, the California Regional Water Quality Control Board (CRWQCB), Los Angeles Region, pursuant to the Clean Water Act, adopted an Order No. 96-054) requiring that all municipal storm water discharges be subject to and in compliance with the National Pollutant. Discharge Elimination System (NPDES) Permit. The requirements of the Order covered the County and 85 incorporated cities, (including Rolling Hills). The City of Rolling Hills adopted Ordinance No. 267 in 1996 adding Chapter 8.32 - Storm Water and Urban Runoff Pollution Control to the Municipal Code to comply with the Order. On January 26, 2000, the CRWQCB adopted Resolution No. R00-02, enacting the Countywide Standard Urban Storm Water Mitigation Plan (SUSMP), thereby expanding the region's storm water control and regulatory responsibilities of the municipal Permittees by further addressing the issues of construction and development planning. On July 24, 2000, and subsequently on January 8, 2001 the City Council adopted Ordinance No. 283 and 284 respectively, to provide storm water pollution control for planning and construction of new development and redevelopment projects in compliance with the Regional Water Quality Control Board's approval of the Countywide Standard Urban Storm Water Mitigation Plan (SUSMP). In December 2001 the CRWQCB, with input and cooperation of the Principal Permittee (County) and participating cities, adopted a new Municipal Stormwater NPDES Permit, Order No. 01-182, which was to be in effect for five years. In August 2002 the City adopted Ordinance No. 289 to comply with the new NPDES Permit, which was a much stricter permit 'than the previous one. It required more inspections, greater monitoring and record keeping, greater controls of storm water pollution and addressed the need to prevent non -storm water discharges into the municipal storm water system, and is currently being implemented. On November 8, 2012, the Los Angeles Regional Water Quality Control Board adopted a new National Pollutant Discharge Elimination System Permit under the Federal Clean Water Act for discharges from the municipal separate storm sewer system (MS4) within Los Angeles County. The new municipal storm water permit incorporates water quality based storm water discharge limits and receiving water limits translated into the permit from previously developed water body/pollutant-specific total maximum daily loads (TMDLs). Receiving waters are surface waters that receive the stormwater discharge, e.g., Santa Monica Bay, Machado Lake, Los Angeles Harbor. Continuous improvements must be made until water quality standards are met, thus the scope of municipal efforts may have to expand over the term of the permit. The new permit is much stricter than previous permits. It incorporates numeric TMDL restrictions and requires volumetric retention of runoff from rainstorms and requires greater control of sources of pollutants in stormwater runoff. The Permit implementation is mandated by the State and one of the provisions is the adoption of updated stormwater management ordinances, including low impact development standards that comply with the new permit. Non-compliance would result in substantial fines to the City. Table 1 compares some of the significant aspects of the new permit with those in the previous 2001 MS4 permit to give a sense of the change in scope; however Table 1 is not comprehensive and does not fully summarize all the new provisions in the 500+page permit. Table 2 lists the water body/pollutant-specific TMDLs for which the City of Rolling Hills is identified as a responsible agency. The new permit explicitly requires that the City establish and maintain adequate legal authority to implement and enforce the permit requirements within its jurisdiction. This includes the authority to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. The subject ordinance is intended to provide such legal authority. DISCUSSION The 2012 MS4 Permit provides for three general implementation options, which were presented to the City Council at its January 28, 2013 meeting. The City Council selected Option 1 to implement the new Permit. Under Option 1 the City is required to implement the baseline Minimum Control Measures prescribed in the permit and must demonstrate compliance with strict numeric limits for water quality standards through monitoring. Minimum Control Measures are considered to be baseline or default requirements. They are grouped into six categories similar to those in the previous MS4 Permit including: o Public information and Participation Program o Industrial/ Commercial Facilities Program (not applicable in Rolling Hills) o Planning and Land Development Program (including a Low Impact Development Ordinance which is new) o Development Construction Program o Public Agency Activities Program (limited applicability in Rolling Hills) o Illicit Connections and Illicit Discharges Elimination Program Permittees that elect this option must implement the Minimum Control Measures (MCMs) by June 28 2013. This is an earlier implementation deadline than for those permittees who selected one of the other two options to meet the mandates of the new MS4 Permit. One of the earlier implementation requirements is the adoption of an ordinance in compliance with the new permit including Low Impact Development standards. Low impact development standards are measures intended to distribute stormwater and urban runoff across development sites to help reduce adverse water quality impacts and help replenish groundwater supplies. LID design strategies are those that utilize every softscape and hardscape surface in development to perform a beneficial hydrologic function by retaining, detaining, storing, changing the timing of, or filtering stormwater runoff. Acceptable methods of LID implementation is to distribute small, cost-effective landscape features throughout the project site, which is different from the conventional water treatment methods, such as pipe and large stormwater management basin designs. It will be required that all development plans, subject to this ordinance, include LID measures. The City contracts with the Los Angeles County Department of Building and Safety and Willdan Engineering for plan -checking and inspections of development projects. They have in the past implemented the requirements of the NPDES Permit either through the County Building Code (or City ordinances) or Best Management Practice (BMP) Manuals, which were approved by the Regional Board. With the earlier implementation deadline for the City of Rolling Hills, the City cannot rely on the County's ordinance to implement the regulations, as the County has just started reviewing its current LID Ordinance to determine what changes must be made to comply with the new permit. The County anticipates having an updated LID ordinance in place by the end of the year. At this time the City is required to adopt a refined storm water ordinance, including provisions for low impact development by June 28, 2013 to assure compliance with the storm water pollution mitigation measures prescribed in the new Municipal NPDES Permit, under option 1. Geosyntec Consultants prepared the attached ordinance with input and review by the City Attorney and staff. The new mandates require property owners to submit development plans for all development including driveways, as they may trigger compliance. If applicable, the plans must also incorporate the required construction and post -construction measures. It will also require much time and effort by City and Building Department staff's to determine applicability of the measures to a specific development and then to review approve and monitor the measures. CONTENT OF THE PROPOSED ORDINANCE The proposed ordinance follows the structure of the existing storm water management ordinance, Chapter 8.32, but includes many new provisions, as required by the new MS4 Permit. The existing ordinance is enclosed with this staff report for your information. The proposed ordinance enhances the findings, purpose and intent; adds, amends and clarifies definitions, and in general modifies the existing ordinance to comply with new language of the new MS4 Permit. The major changes occur in Section 8.32.090 - Requirements for construction activities and Section 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment Projects, which includes provisions for low impact development (LID). New requirements for construction activities include: 1. Construction projects regardless of size must to the maximum extent practicable reduce sediments, trash, construction waste and other pollutants; soil piles not actively used must be bermed or covered; trash receptacles must be covered. 2. Sites where the construction activity covers less than one acre must implement erosion and sediment control BMPs from the NPDES Permit. Examples of the controls are listed in the BMPs Manuals adopted by the County and are implemented by the Building Department during plan check and construction; additional erosion and sediment controls will be adopted by the County with their LID ordinance at the end of the year. 3. Sites where the construction activity covers one acre or more must implement erosion and sediment control BMPs from the NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) must be prepared by a qualified SWPPP developer (QSD), and must include calculations for risk level. The selected BMPs for erosion and sediment control must be detailed in the SWPPP and must be designed, implemented and maintained in accordance to the approved lists and technical standards per the latest version of approved Manuals and Handbooks. 4. Roadway paving and repair projects (whether it's by private or public entity) must comply with the BMPs listed in the NPDES Permit and those where the activity is greater than one acre are subject to the requirement of the Construction General Permit. The City will be responsible for educating and assuring compliance by the RHCA staff and their paving contractors with this requirement. 5. Roadway construction of 10,000 sq. ft. or greater of impervious surface must follow USEPA guidelines regarding Managing Wet Weather with Green Infrastructure. 6. New development or redevelopment projects (discretionary or non -discretionary projects), such as new homes where one or more acres is disturbed, parking lots of 5,000 square feet, activities creating 10,000 sq. ft. or more of impervious surfaces or 2,500 sq. ft. of impervious surface if stormwater discharges to or the property is adjacent to a Significant Ecological Area. If a redevelopment project consists of altering or adding 50% or more of impervious surfaces than previously existed then the entire property must be mitigated consistent with the new NPDES permit requirements. 7. Post -construction control BMPs to mitigate storm water pollution are required for all new development and redevelopment projects and must be designed to retain water based on volumetric quantities (0.75 inch, 24 -hour rain event or the 85th percentile, 24 -hour event, which ever is greater). 8. As a condition of issuance of a "Final" inspection for a project all storm water mitigation measures, including post -construction treatment structures must be in place; certification from owner must be submitted stating that he/she will maintain the structures in compliance with the NPDES Permit. 9. When the property is transferred the new owners must assume responsibility for maintenance of the structures and treatment controls. Examples of some of the acceptable implementation methods referred to above would be: • Permeable pavements • Rain Garden • Rain Barrels or Cistern • Dry Well • Bioretention • Biofiltration FISCAL IMPACT The adoption of the mandated ordinance comes with significant new efforts that will require both additional fiscal resources for consulting contracts and additional staff resources to manage and carry out this expanded program. The risk of non-compliance is financial penalties imposed by the Regional Water Quality Control Board and the potential for private party lawsuits. In addition, at this time it is not known if the Building Department will continue to implement and manage some of the requirements through the General Services Agreement with contract cities or if a separate/amended agreement will be developed to cover County staff time for implementation of the additional requirements. According to the County Building Official, the County Counsel is currently reviewing its options. ENVIRONMENTAL DETERMINATION Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. NOTIFICATION Notice of this matter was included in the draft agenda in the City's newsletter; as well as a separate announcement that this topic will be considered at the June 10 meeting was placed on the front page of the City's newsletter. City's consultant, Kathleen McGowan, and City Attorney Jenkins will be in attendance at the meeting to discuss this report. ADDITIONAL MATTER -LETTER OF INTENT As part of the new permit, by June 28, 2013 each Permittee must submit a letter of intent to the Executive Officer of the Regional Water Quality Control Board describing whether it intends to follow an Integrated Monitoring Program or a Coordinated Integrated Monitoring Program approach for each of the required monitoring plan elements in the Municipal NPDES Permit. The attached letter for Council's consideration serves to notify the Executive Officer of the City's intent to follow a Coordinated Integrated Monitoring Program approach for all of the required monitoring plan elements. Participation in a Coordinated Integrated Monitoring Program (CIMP) provides the City the opportunity to increase the cost efficiency and effectiveness (and in Rolling Hills' case, the feasibility) of the monitoring program over an individual monitoring program. These efficiencies can be achieved by: 1. Leveraging monitoring resources by selecting monitoring locations, parameters or monitoring techniques that will satisfy multiple monitoring requirements 2. Modifying previously approved TMDL Monitoring Plans 3. Utilizing alternative approaches to meet the primary objectives of the monitoring program other than the approaches specified in the Municipal NPDES Permit The permit also states that if the City is not electing to follow the Watershed Management Program or Enhanced Watershed Management Program permit implementation option, then an Integrated Monitoring Program must be submitted by December 28, 2013, otherwise the IMP or CIMP is due by June 28, 2014. A City is not required to submit an IMP if all of the applicable monitoring requirements in the Municipal Stormwater Permit are addressed in a CIMP to which the Permittee is a participant. Although the City is electing to participate in a CIMP with the other Peninsula cities, it is not pursuing the Watershed Management Program or Enhanced Watershed Management Program in coordination of the other Peninsula cities, therefore to assist Rolling Hills in meeting the December 28, 2013 deadline for IMP submittal, the Peninsula Cities have committed to submit the CIMP according to the earlier December 28, 2013 deadline. A memorandum of agreement to jointly fund the development of a CIMP with the other Peninsula cities and the County of Los Angeles is currently in draft form and will be brought to the City Council for approval at a later date. CONCLUSION In conclusion, it is recommended that the City Council consider the proposed ordinance for first reading and direct staff to return with the ordinance for adoption at the June 24, 2013 meeting. It is also recommended that the City Council authorize the interim City Manager to sign the attached letter to be mailed to the RWQCB by June 28 showing the City's intent to participate with the Peninsula cities in the CIMP. YS:hl Table 1: Some Significant Changes in MS4 Permit • MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Structure No principal permittee Permittees may self -organize under a watershed structure or implement the permit as an independent entity Principal permittee (LA County Flood Control District) provided assistance to 82 co-permittees: • Coordination/leadership • County -wide Public Ed program • Model programs for each category of control measure • Annual report website Permit approach Performance -based compliance with water quality standards to be measured through an expanded water quality monitoring program. Requires continuous improvement until water quality targets are met Implement specified best management practices to the maximum extent practicable Where MS4 discharges were known to cause or contribute to exceedances of receiving water limitations, improvements to best management practices were required. TMDLs TMDLs for 32 separate pollutant -receiving water combinations are enforced through the MS4 Permit Few TMDLs enforced through MS4 Permit: • Ballona Creek and LA River Trash TMDLs • Santa Monica Bay Beaches Bacteria TMDLs (temporarily) Table 1: Some Significant Changes in MS4 Permit MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Monitoring Requirements Integrated Watershed Monitoring Plans must include: • Receiving water monitoring 3x per year during wet weather and 2x per year during dry weather for an initial list of 140 pollutants plus toxicity monitoring • Storm drain discharge monitoring for each watershed 3x per year during wet weather • Additional TMDL monitoring as called for in adopted TMDLs (most have more frequent monitoring, i.e., monthly or weekly and even daily at some locations • County conducted monitoring of major rivers/storm drain systems, e.g., LA River, Dominguez Channel, Ballona Creek • TMDL monitoring for limited list of pollutants, e.g., o Santa Monica Bay shoreline monitoring for bacteria (weekly or daily monitoring for each of 3 indicators) o Peninsula Cities have been conducting monthly monitoring for nitrogen and phosphorus in accordance with Machado Lake Nutrient TMDL Non-stormwater and Illicit Discharges Non-stormwater Outfall Screening and Monitoring Program • Systematic screening of all outfalls to identify those with significant non stormwater flows • Monitoring to assess water quality impact on receiving water • Track source of significant non-stormwater discharges to identify • Determine whether discharge is illicit and eliminate, or is conditionally exempt or permitted and needs to be re-evaluated as such • Begin monitoring all storm drain discharges that convey significant discharges unless permitted by separate NPDES Permit Complaint -based response to identify and eliminate illicit discharges If discharge was conditionally exempt, then no further action was needed Annual reporting of illicit connections and discharges identified/eliminated for County -wide trend analysis Table 1: Some Significant Changes in MS4 Permit MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Annual Reports Objectives are to assess: Focused on verifying and documenting the • The impact of City's stormwater and non- implementation of best management practices in stormwater discharges on the receiving water accordance with permit requirements, e.g., • Frequency of industrial/commercial inspections • City's compliance with receiving water and results of inspections limitations, numeric water quality -based • Number of new development and effluent limitations and non-stormwater redevelopment projects reviewed and action levels conditioned for water quality measures • Effectiveness of the control measures in • Number of construction sites inspected and reducing discharges of pollutants to receiving results of inspections waters • Frequency of catch basin cleaning and amount • Whether quality of MS4 discharges and the of material removed health of receiving waters is improving, steady or declining • Frequency of street sweeping • Number of illicit discharges identified and Present detailed data and information to allow the Regional Board to verify conclusions eliminated Plus report on progress/milestones and implementation measures Table 2: Matrix of Total Maximum Daily Loads (TMDLs) incorporated into Permit applicable to Rolling Hills Receiving Water Pollutant and Final TMDL Deadline Santa Monica Bay Bacteria during summer dry weather Final Deadline 2006 (final targets in effect) Bacteria during winter dry weather Final Deadline 2009 (final objectives have been reconsidered and revised though revision is not yet effective) Bacteria during wet weather Final Deadline 2021 Debris (trash) Final Deadline 2020 DDT and PCBs (legacy pollutants) Issued by USEPA so unless addressed in a Watershed Management Program, the TMDL numeric limits become effective immediately Machado Lake Trash Final Deadline 2016 Total Nitrogen and Total Phosphorus Final Deadline 2018 DDT, Chlordane, Dieldrin (pesticides) PCBs Final Deadline 2019 Los Angeles Harbor Metals (copper, lead, zinc) Final Deadline 2032 Legacy pesticides and PCBs Final Deadline 2032 Polynuclear aromatic hydrocarbons Final Deadline 2032 Aquatic toxicity Final Deadline 2032 Note: Additional receiving water limitations include water quality standards for marine waters (including Santa Monica Bay) as defined in the California Ocean Plan which are included in the initial 140 pollutants monitored under the monitoring plan. Any exceedances of these receiving water standards must also be addressed. Similar water quality standards also exist for Dominguez Channel as a freshwater under the Los Angeles Basin Plan. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. 334 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL THE CITY COUNCIL OF THE CITY OF ROLLING HILL DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides' for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The purpose of this ordinance is to comply with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. Section 2. •CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Ordinance No. 334 Section 3. The City Council hereby amends in its entirety Chapter 8.32 of Title 8 of the Rolling Hills Municipal Code as set forth in Exhibit A incorporated herein by this reference and which is attached hereto and made a part hereof. Section 4. Severability. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. Section 5. Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6. Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED AND ADOPTED ON THE DAY OF , 2013. FRANK E. HILL MAYOR ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 334 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ). ) §§ I certify that the foregoing Ordinance No. 334 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL was approved and adopted at a regular meeting of the City Council on , 2013 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 334 3 EXHIBIT A Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 - Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment projects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title. This Chapter shall be known as the "City of Rolling Hills Storm Water Management and Pollution Control Ordinance. 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. • E. The City of Rolling Hills is a unique, low density residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, water reservoirs, and a public school campus. Ordinance No. 334 -1- F. All roadways in the City are privately owned and maintained by the Rolling Hills Community Association. The City of Rolling Hills does not own or operate a municipal separate storm sewer system. Natural drainage courses within the City are located on private property. G. Properties with geologic instability throughout the City and the hillside topography of the entire community make it difficult and in some instances hazardous for property owners to have storm water retention on site if such retention will result in absorption of water in slide planes. H. All the properties within the City limits are under the constraints and limitations of CC&Rs of the Rolling Hills Community Association 8.32.030 - Purpose and intent. A. The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter - Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to: 1. Protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit; 2. Provide the City with the legal authority necessary to implement and enforce the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and in the Municipal NPDES Permit to the extent they are applicable in the City of Rolling Hills; and 3. Set forth compliance measures for the construction and operation of storm water mitigation measures required for certain "New Development" and "Redevelopment", and other projects (as further defined herein) as prescribed in the current version of the Municipal NPDES Permit approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the City Manager or his/her designee to serve as an authorized enforcement officer to define and adopt applicable Best Management Practices (BMPs) and other storm water pollution control measures, to grant emergency self -waivers, as necessary, and to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement, and enforce the provisions of this section. 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term defined in the current Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following definitions apply to this chapter only: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non -storm water discharges to receiving waters, or Ordinance No. 334 -2- designed to reduce the volume of storm water or non -storm water discharged to the receiving water. Examples of BMP's may include public education and outreach, proper planning of development projects, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means any construction or demolition activity, clearing, grading, grubbing, excavation, or any other activities that result in soil disturbance. Construction includes structure teardown and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); clearing and grubbing of vegetation for landscape maintenance and fire prevention which is not associated with a larger construction project; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. See "Routine Maintenance" definition below. "Construction General Permit" means the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ (NPDES No. CAS000002), adopted September 2, 2009, and any successor permit to that permit. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Ordinance No. 334 -3- ® "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except authorized non -storm water discharges; conditionally exempt non -storm water discharges; and non -storm water discharges resulting from natural flows specifically identified in the Municipal NPDES Permit. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of structures and devices on a property, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of property owner, resident and/or occupant(s); 4. Property walk-through; 5. Visual observation of the condition of property; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit discussion (to discuss preliminary evaluation) as appropriate; and 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Low Impact Development (LID)" means building or landscape features designed to retain or filter storm water runoff. Ordinance No. 334 "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned or operated by a state, city, town borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes; including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2. "Natural Drainage Systems" means all drainages that have not been improved (e.g., channelized or armored with concrete, shotcrete, or rip -rap) or drainage systems that are tributary to a natural drainage system. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "New development is not land disturbing activities solely involving landscaping or fire prevention. "Non -storm water discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water. "NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, and revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Section 307, 402, 318, and 405 "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; Ordinance No. 334 -5- 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. "Project" means all development, redevelopment, and land disturbing activities excluding landscaping projects. "Rain event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Redevelopment" means, land -disturbing activity that results in the creation, addition, or replacement of 10,000 square feet or more of impervious surface on existing single family dwelling and accessory structures or the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site for non -single family projects. 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 California Regional Water Quality Control Board -Los Angeles Region. "Routine Maintenance" includes, but is not limited to projects conducted to: 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility; 2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities; 3. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts; 4. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity; 5. Repair leaks; 6. Conduct landscaping activities without changing existing or natural grades; and 7. Conduct disking and grubbing for fire prevention. Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Ecological Area" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species; Ordinance No. 334 -6- 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis; 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County; 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County; 5. Biotic resources that are of scientific interest because they are either an extreme in physical/ geographical limitations, or represent an unusual variation in a population or community; 6. Areas important as game species habitat or as fisheries; 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County; and 8. Special areas. "Simple LID BMP" means .a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. "Site" means the land or water area where any "structure or activity" is physically located or conducted, including adjacent land used in connection with the structure or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Storm water" means storm water runoff and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47996 (Nov. 16, 1990)). "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMPs and source control BMPs. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. 8.32.060 - Prohibited activities. A. Illicit Discharges. It is prohibited to discharge pollutants into natural drainage courses. Ordinance No. 334 B. Littering. No person shall intentionally throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4 or into natural drainage courses. D. No person shall intentionally dispose of manure or any animal waste into the MS4 or into natural drainage course. E. Non -Storm Water Discharges. All non -storm water discharges into the municipal storm sewer system are prohibited unless those flows are: in compliance with a separate NPDES Permit; pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES Permit; conditionally exempt non -storm water discharges as defined in accordance with the Municipal NPDES Permit; or authorized as a temporary non-stormwater discharge by USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited discharges include, but are not limited to: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations (excluding non-commercial car washing by residents and non-profit organizations); 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. F. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and Ordinance No. 334 hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. 8.32.070 - Exempted discharges, or conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, the Municipal NPDES Permit as being exempted discharges, or conditionally exempted discharges, shall not be considered a violation of this chapter; provided, that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources and that required conditions outlined in the Municipal NPDES Permit are met prior to discharge. 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the conditionally exempt washing down of paved areas shall be minimized to the maximum extent practicable. Conditionally exempt non -storm water discharges of roadway/driveway wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents. Conditionally exempt non -storm water discharges of roadway/driveway wash water do not include hosing of any driveway or roadway with a garden hose with a pressure nozzle. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible t� or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall have debris removed in an effective manner regularly from such parking lots. E. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. Ordinance No. 334 B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City, regardless of project size, and shall be required from the time of land clearing, demolition, or commencement of construction until final approval: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. All excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles not actively in use shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. Trash receptacles must be covered at the end of each business day and during rain events. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. Construction sites where the construction activity covers less than 1 acre must implement an effective combination of erosion and sediment control BMPs from the Municipal NPDES Permit to prevent erosion and sediment loss, and the discharge of construction wastes. D. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, E. Construction sites where the construction activity covers 1 acre or more must adhere to the requirements set forth in the Municipal NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) for construction sites of one acre or greater shall be developed by a Qualified SWPPP Developer (QSD) consistent with the Municipal NPDES Permit. The SWPPP must include all elements required by the Construction General Permit. SWPPPs must be prepared in accordance with their calculated risk level per the Construction General Permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. F. BMPs selected for erosion and sediment control shall be detailed in the SWPPP. BMPs shall be selected from the Municipal NPDES Permit, as applicable, and, at a minimum, shall include those BMPs specified in Attachments C, D, and E of the Construction General Permit based on the project risk level. Selected BMPs must be selected, designed, implemented, and maintained in accordance with the BMP technical standards presented in the latest version of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction; or Caltrans Stormwater Quality Handbook, Construction Site Best Management Practices Manual and addenda. Ordinance No. 334 -10- G. Roadway paving and repair projects must implement at a minimum the BMPs listed in the Municipal NPDES Permit. Roadway paving or repair projects greater than 1 acre in size shall also abide by the Construction General Permit, and implement all necessary BMPs as required for coverage under the Construction General Permit. 8.32.095 — Planning and Land Development Program requirements for New Development and Redevelopment projects. A. The following New Development and Redevelopment projects are required to comply with the Municipal NPDES Permit: 1. Development projects, including the construction of new single family residential homes, equal. to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious area; 2. Parking lots with 5,000 square feet or more of impervious area or with twenty-five or more parking spaces; 3. Single family hillside residential developments or redevelopments; 4. Redevelopment projects in subject categories that meet Redevelopment thresholds (pursuant to the Municipal NPDES Permit), which include: (a) Land -disturbing activities which create, add, or replace 10,000 square feet or more of impervious surface area on lots developed with single family dwellings and/or accessory structures; and (b) Land -disturbing activities which create, add, or replace 5,000 square feet or more of impervious surface area on an already developed site excluding lots developed with single family dwellings and accessory structures. (c) Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. (d) Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. 5. Roadway construction with 10,000 square feet or more of impervious surface area shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. 6. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into a Significant Ecological Area (as defined herein), where the development will: (a) Discharge storm water that is likely to impact a sensitive biological species or habitat; and (b) Create 2,500 square feet or more of impervious surface area. EXCEPTIONS: The following do not constitute New Development or Redevelopment: Ordinance No. 334 -11- 1. Routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety. 2. Discretionary permit projects or phased project applications which have been deemed complete by February 8, 2013 and which have not received an extension of time. 3. Discretionary permit projects with a valid vesting tentative map. B. Incorporation of Planning and Land Development Program requirements into Project Plans. 1 New Development and Redevelopment projects are required to control pollutants and runoff volume from the project site by minimizing the impervious surface area and controlling runoff through infiltration, bioretention, and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES Permit. 2. An applicant for a New Development or a Redevelopment Project identified in Section 8.32.095.A of this Chapter shall incorporate into the applicant's project plans a Post Construction Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from the completed project. Structural or Treatment Control BMPs (including, as applicable, post -construction Treatment Control BMPs) set forth in project plans shall meet the design standards set forth in the current Municipal NPDES Permit. 3. To the extent that the City may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a hillside area, a single-family hillside home Development or Redevelopment project shall implement mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. New Development/Redevelopment Project Performance Criteria: Post -construction control BMPs to mitigate stormwater pollution are required for all new development and redevelopment projects identified in Section 8.32.095.A of this Chapter unless alternative measures are allowed as provided in the Municipal NPDES Permit.. BMPs must be implemented to retain on -site the Stormwater Quality Design Volume (SWQDv), defined as runoff from either: (a) 0.75 inch, 24 -hour rain event; or (b) The 85th percentile, 24 -hour event, as determined from the Los Angeles County 85th percentile precipitation isohyetal map, whichever is greater. BMPs shall meet the design specifications and on -site retention potential outlined in the Municipal NPDES Permit. For projects unable to retain 100% of the SWQDv on -site due to technical infeasibility as defined in the Municipal NPDES Permit, projects must implement alternative compliance measures in accordance with the Municipal NPDES Permit. Ordinance No. 334 -12- �"p Single family hillside home development projects are exempt from the New Development/Redevelopment Project Performance Criteria of the Municipal NPDES Permit unless they create, add or replace 10,000 square feet of impervious surface area. 5. Hydromodification Control Criteria. (a) All non-exempt New Development and Redevelopment projects located within natural drainage systems as defined in Section 8.32.040 of this Chapter must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. Projects exempt from hydromodification controls are listed in the Municipal NPDES Permit. The following New Development and Redevelopment projects must include one, or a combination of, hydromodification control BMPs, Low Impact Development (LID) strategies, or stream and riparian buffer restoration measures: i. Projects on single family lots that create, add, or replace 10,000 square feet or more of impervious surface area are required to implement LID BMPs in accordance with parts B.1 through B.4 of this Section. Single family homes implementing such BMPs will satisfy the hydromodification control requirements of the Municipal NPDES Permit. . ii. Projects on non -single family lots disturbing an area greater than 1 acre but less than 50 acres within natural drainage systems must demonstrate one of the following: a. The project has been designed to retain on -site, through infiltration, evapotranspiration, and/or harvest and use, the storm water volume from the runoff of the 95th percentile, 24 -hour storm, or b. The runoff flow rate, volume, velocity, and duration for the post -development condition do not exceed the pre -development condition for the 2 -year, 24 -hour rainfall event, or c. The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a Hydromodification Analysis Study and the equation presented in Attachment J of the Municipal NPDES Permit, or other approved equations. C. Issuance of Final Approval. As a condition for issuing final approval for New Development or Redevelopment projects identified in Section 8.32.095.A, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the storm water pollution control Best Management Practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the Municipal NPDES Permit and other applicable regulatory requirements including the following words: "SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE UNDERSTAND AND ACKNOWLEDGE THAT WE ARE RESPONSIBLE FOR THE COST OF CORRECTING ANY DEFFICIENCY IN THE PERFORMANCE OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OF EVASION AND OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE." (b) Ordinance No. 334 -13- With the exception of Simple LID BMPs (as defined in Section 8.32.040) implemented on lots developed with single family residences, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices, Treatment Control BMPs, and Hydromodification Control BMPs including but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/ or other legally binding maintenance agreements. These maintenance records must be kept on site for treatment BMPs implemented on single family residences. D. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2.. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. E. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: (a) Any of the provisions of this chapter; or (b) Any failure to comply with any applicable requirement of the Municipal NPDES Permit, an approved Post -Construction Storm Water Mitigation Plan, or and approved SWPPP with respect to a property; or (c) Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or (d) Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SWPPP and/or Post -Construction Storm Water Mitigation Plan or the Municipal NPDES Permit, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. Ordinance No. 334 -14- 01 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; and 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Carry Out Inspections, Conduct Samplings, and Establishing Sampling Devices. The Authorized Enforcement Officer may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the Municipal NPDES Ordinance No. 334 -15- Permit, including the prohibition of non -storm water discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any Authorized Enforcement Officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in storm water and/or non -storm water runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMP's; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. Ordinance No. 334 THIS PAGE INTENTIONALLY LEFT BLANK EXISTING ORDINANCE Chapter 8.32 - STORM WATER AND URBAN RUNOFF POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 - Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Standard Urban Storm Water Mitigation Plan ("SUSMP") requirements for new development and redevelopment protects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title.This chapter shall be known as the "City of Rolling Hills Storm Water Management and Discharge Control Ordinance." (Ord. 267 § 1(part), 1996). 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and urban runoff discharge into storm drain systems. B. Storm water and urban runoff flows from individual properties onto streets, then through storm drains passing through the City. C. The City of Rolling Hills is a co-permittee under the "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" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board —Los Angeles Region, which also serves as a NPDES permit under the Federal Clean Water Act and as a co-permittee, the City is required to implement procedures with respect to the entry of non -storm water discharges into the municipal storm water system. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, virtually built -out residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, and a public school campus. There are no commercial or industrial uses in the City and there is no land in the City zoned for such purposes. F. All streets, roads and trails in the City are privately owned and maintained by the Rolling Hills Community Association. All storm drains in the City are owned and maintained either by the Community Association or the County of Los Angeles. Many natural watercourses are located on private property. G. Active landslides in some areas of the City make it hazardous for the City to encourage storm retention on site if such retention will result in absorption of water in slide planes. (Ord. 289-U §§ 1, 2, 2002; Ord. 267 § 1(part), 1996). 8.32.030 - Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the City and the water quality of the receiving waters of the County of Los Angeles and surrounding coastal areas by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the Santa Monica Bay: and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the .California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit. C. This chapter is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the municipal storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows. D. This chapter also sets forth requirements for the construction and operation of certain "new development" and "redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the authorized enforcement officer to define and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement and enforce the provisions of this section. (Ord. 289-U § 3, 2002; Ord. 284 § 1, 2001; Ord. 267 § 1(part), 1996). 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or in the current version of the Standard Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board -Los Angeles Region, or if it is not specifically defined in either the Municipal NPDES Permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this chapter: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance. Construct -ion includes structure teardown. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging Directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as dis-tinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Greater than (>) nine unit home subdivision" means any subdivision being developed for ten or more single-family or multi -family dwelling units. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except discharges pursuant to a separate NPDES permit, discharges that are identified in Part 1, "Discharge Prohibitions" of Order 01-182, and discharges authorized by the Regional Board Executive Officer. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of facility personnel; 4. Facility walk-through. 5. Visual observation of the condition of facility premises; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit conference (to discuss preliminary evaluation); and, 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Maximum Extent Practicable (MEP)" means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. See also State Board Order WQ 2000-11 at page 20. "Municipal NPDES permit" means the "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" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities, publicly or privately owned, that are located within the City and used for the purpose of collecting, storing, transporting or disposing of storm water. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "Non -storm water discharge" means any discharge to a municipal storm water system that is not composed entirely of storm water. "NPDES permit" means any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES permit pursuant to Water Code Sections 13370 (other than the Municipal NPDES Permit). "Planning Priority Projects" mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including: 1. Ten or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments); 2. Parking lots five thousand square feet or more of surface area or with twenty-five or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and 5. Those projects that require the implementation of a site -specific plan to mitigate post - development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post -development storm water quality, and where the following project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; or (c) Outdoor horticulture activities. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus; The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the Best Management Practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the Best Management Practices available. "Project" means all development, redevelopment, and land disturbing activities. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health safety. "Regional Board" means the California Regional Water Quality Control Board -Los Angeles Region. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Redevelopment" means land -disturbing activity that results in the creation or addition or replacement of five thousand square feet or more of impervious surface area on an already developed site. "Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to control storm water pollution from new development and redevelopment or any project specifically identified in Section 8.32.095(A). "Storm event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Storm water runoff' means that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi -pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases. "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMP's and source control BMP's. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. "Urban runoff' means surface water flow produced by non -storm water resulting from residential and institutional activities involving the use of potable and non -potable water. (Ord. 289-U §§ 4, 5, 2002; Ord. 284 §§ 2, 3, 4, 2001; Ord. 267 § 1(part), 1996). 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. (Ord. 267 § 1(part), 1996). 8.32.060 - Prohibited activities. A. Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the municipal storm water system, or to commence or continue any illicit discharges to the municipal storm water system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows. B. Littering. It is prohibited to throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage or any other discarded or abandoned objects, articles or accumulations, on or upon any street, driveway, trail, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt or other landscape debris into the MS4. D. Non -Storm Water Discharges. The following non -storm water discharges into the municipal storm water system are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. F. Industrial Activities. No person shall conduct any industrial activity in the City. (Ord. 289-U §§ 6, 7, 8, 2002; Ord. 267 § 1 (part), 1996). 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II.0 of the Municipal NPDES Permit as being exempted discharges, conditionally exempted discharges or designated discharges shall not be considered a violation of this chapter; provided, that any applicable BMP's developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources. (Ord. 267 § 1(part), 1996). 400 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to streets or the MS4 may or does occur. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable. Sweeping and collection of debris is encouraged for trash disposal. C. Storage of Materials, Machinery and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots. E. Food Wastes. Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4. F. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. (Ord. 289-U § 10, 2002; Ord. 267 § 1(part), 1996). 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. Between October 1 and April 15, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, D. A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction sites of one acre or greater shall be developed consistent with the municipal NPDES permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. (Ord. 289-U § 11, 2002; Ord. 267 § 1 (part), 1996). 8.32.095 - Standard Urban Storm Water Mitigation Plan ("SUSMP") requirements for new development and redevelopment projects. A. Projects Requiring a SUSMP. The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the current Municipal NPDES Permit: 1. Ten or more unit homes; 2. Parking lots five thousand square feet or more of surface area or with twenty-five or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into an Environmentally Sensitive Area (as defined herein), where the development will: i. Discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat; and ii. Create two thousand five hundred square feet or more of impervious surface area. B. Incorporation of SUSMP into Project Plans. 1. An applicant for a New Development or a Redevelopment Project identified in paragraph a of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan ("SWMP"), which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's (including, as applicable, post -construction Treatment Control BMP's) set forth in project plans shall meet the design standards set forth in the SUSMP and the current Municipal NPDES Permit. 2. If a Project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. 3. A new single-family hillside home development or Redevelopment shall include mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. Numerical Design Criteria: Post -construction Treatment Control BMPs for all projects must incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff: (a) • Volumetric Treatment Control BMP (1) The 85th percentile 24 -hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or (2) The volume of annual runoff based on unit basin storage water quality volume, to achieve eighty percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook - Industrial/ Commercial, (1993); or The volume of runoff produced from a 0.75 inch storm event, prior to its discharge to a storm water conveyance system; or (4) The volume of runoff produced from a historical -record based reference 24 - hour rainfall criterion for "treatment" (0.75 -inch average for the Los Angeles County area) that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24 -hour runoff event. (b) Flow Based Treatment Control BMP (1) The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or (2) The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for Los Angeles County; or The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above. (3) (3) 5. Applicability of Numerical Design Criteria: The numeric design criteria listed above shall apply to the following categories of projects required to design and implement post -construction treatment controls to mitigate storm water pollution: (a) Single-family hillside residential developments of one (1) acre or more of surface area; (b) Housing developments of ten units or more; (c) Parking lots five thousand square feet or more of surface area or with twenty- five or more parking spaces; (d) Projects located in, adjacent to or discharging directly to an Environmentally Sensitive Area that meet threshold conditions identified above in Section 8(a); and (e) Redevelopment projects in subject categories that meet Redevelopment thresholds. 6. The following categories of Projects which otherwise do not require a SUSMP, but which may potentially have adverse impacts on post -development storm water quality, shall be designed to include post -construction Treatment Controls to mitigate storm water pollution and the implementation of a site -specific plan to mitigate post -development storm water for New Development and Redevelopment where one or more of the following Project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; or (c) Outdoor horticulture activities. 7. A SUSMP, or site -specific requirements, including post -construction storm water mitigation, shall be required for all Planning Priority Projects (as defined herein) that undergo Significant Redevelopment (as defined herein) in their respective categories. 8. Existing single family structures are exempt from the Redevelopment requirements set forth in this chapter. C. Issuance of Discretionary Permits. No discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph A of this section until the Authorized Enforcement Officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements. Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single family structures are exempt from the redevelopment requirements. D. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of occupancy for new development or redevelopment project identified in subsection A of this section, the authorized enforcement officer shall require facility operators and/or owners to build all the storm water pollution control Best Management Practices and structural or treatment control BMP's that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMP'S will be maintained in compliance with the SUSMP and other applicable regulatory requirements. E Granting of Waiver. The authorized enforcement officer shall have the authority to grant a waiver to a development or redevelopment project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all structural or treatment control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the regional board: 1. Extreme limitations of space for treatment on a redevelopment project; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten feet from the soil surface. F. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2. 'For residential properties where the structural or treatment control BMP's are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance. 3. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. G. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. (Ord. 289-U § 12, 13, 14, 2002; Ord. 284 § 5, 2001). 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: a. Any of the provisions of this chapter; or b. Any failure to comply with any applicable requirement of either the SUSMP or an approved storm water mitigation plan with respect to a property; or c. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or d. Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved storm water mitigation plan or the SUSMP, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Conduct Samplings and Establishing Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMPs; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. (Ord. 289-U §15, 2002; Ord. 284 §6, 2001; Ord. 267 §1(part), 1996). 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. (Ord. 267 §1(part), 1996). THIS PAGE INTENTIONALLY LEFT BLANK June 27, 2013 C1t, ("RA., fiu/h INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 Samuel Unger, Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy LETTER OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF A COORDINATED INTEGRATED MONITORING PROGRAM IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED GROUP Dear Mr. Unger; The City of Rolling Hills, with this letter, states its intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of a Coordinated Integrated Monitoring Program (CIMP) in accordance with the new MS4 Permit by Order No. R4-2012-0175 for submission to your Board. The CIMP will address all of the required monitoring elements in the MS4 Permit for each of the watersheds to which the City is tributary. The Palos Verdes Peninsula Watershed Group includes only the following agencies: the City of Ranchos Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the City of Rolling Hills, the County of Los Angeles, a political subdivision of the State of California, and Los Angeles Flood Control District. The City of Rolling Hills further intends to cost share in the development cost of a Coordinated Integrated Monitoring Program (CIMP). A cost sharing formula has been negotiated by among participating representatives of the Group as to the equitable distribution of costs. Should you have any questions, please contact me at 310 377-1521 Sincerely, Steve Burrell, Interim City Manager Printed on Recycled Paper MEMORANDUM TO: Honorable Mayor and City Council FROM: Anton Dahlerbruch, City Manager Yolanta Schwartz, Planning Director SUBJECT: Storm Water Management and Polluti n Control Ordinance DATE: May 31, 2013 For the City Council meeting of June 10, 2013, staff will be agendizing, for introduction and first reading, a revised storm water management ordinance (Chapter 8.32 of the Municipal Code), that includes Low Impact Development (LID) standards in conformance with the MS4 (storm water) Permit. On June 24, 2013, the LID ordinance will be on the City Council agenda for second reading and adoption. This is being presented because, per the Council's direction to comply with the minimum control measures of the MS4 permit, the City has until June 28 to adopt a LID ordinance. Preparation of the ordinance results the collective work of Geosyntec with the City Attorney, Interim City Manager and staff. Attached is the proposed ordinance for your preliminary review. A redline version is not provided because the updates to Chapter 8.32 are substantial, and they are required in order for the City to be in conformance with the MS4 Permit; the City's prior regulations are simply not relevant. The storm water management ordinance will be formally transmitted to you in the agenda packet on June 7 for the June 10 meeting. Before the June 10 Council meeting, we recommend that City Council members read the ordinance and direction your questions to staff. The subject matter is complex and although compliance and adoption is mandated, it will be helpful for the City Council to be familiar with the provisions of the ordinance before the public hearing to adopt it. Based on the questions received, individual meetings for each Council Member can be arranged with the consultant, City Attorney and / or staff if necessary. The June 10 City Council meeting will have an extremely large agenda. The agenda will include the storm water ordinance, the annual budget, four zoning cases, the 6 Saddleback appeal and a discussion of the City Manager recruitment. As such, it is recommended that City Council members direct questions about this ordinance to staff substantially prior to the meeting so there is an adequate opportunity to respond; it is to the City Council's advantage and will streamline the meeting. Thank you. THIS PAGE INTENTIONALLY LEFT BLANK Title -kpig SAFETY Chapter 8.32 - STORM ER MANAGEMENT AND POLLUTION CONTROL Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 - Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment projects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title. This Chapter shall be known as the "City of Rolling Hills Storm Water Management and Pollution Control Ordinance." (Ord. 267 § 1(part), 1996). 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, low density residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in Rolling Hills, California, Code of Ordinances Page 1 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL the City consists of City administration buildings, a fire station, water reservoirs, and a public school campus. F. All roadways in the City are privately owned and maintained by the Rolling Hills Community Association. The City of Rolling Hills does not own or operate a municipal separate storm sewer system. Natural drainage courses within the City are located on private property. G. Properties with geologic instability throughout the City and the hillside topography of the entire community make it difficult and in some instances hazardous for property owners to have storm water retention on site if such retention will result in absorption of water in slide planes. H. All the properties within the City limits are under the constraints and limitations of CC&Rs of the Rolling Hills Community Association (Ord. 289-U §§ 1, 2, 2002; Ord. 267 § 1(part), 1996). 8.32.030 - Purpose and intent. A. The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter - Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to: 1. Protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit; 2. Provide the City with the legal authority necessary to implement and enforce the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and in the Municipal NPDES Permit to the extent they are applicable in the City of Rolling Hills; and 3. Set forth compliance measures for the construction and operation of storm water mitigation measures required for certain "New Development" and "Redevelopment", and other projects (as further defined herein) as prescribed in the current version of the Municipal NPDES Permit approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the City Manager or his/her designee to serve as an authorized enforcement officer to define and adopt applicable Best Management Practices (BMPs) and other storm water pollution control measures, to grant emergency self - waivers, as necessary, and to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement, and enforce the provisions of this section. (Ord. 289-U § 3, 2002; Ord. 284. § 1, 2001; Ord. 267 § 1(part), 1996). 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term defined in the current Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition Rolling Hills, California, Code of Ordinances Page 2 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL of the same term in the current version of the Municipal NPDES Permit, then the definition contained in the Municipal NPDES Permit shall govern. The following definitions apply to this chapter only: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non -storm water discharges to receiving waters, or designed to reduce the volume of storm water or non -storm water discharged to the receiving water. Examples of BMP's may include public education and outreach, proper planning of development projects, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means any construction or demolition activity, clearing, grading, grubbing, excavation, or any other activities that result in soil disturbance. Construction includes structure teardown and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); clearing and grubbing of vegetation for landscape maintenance and fire prevention which is not associated with a larger construction project; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. See "Routine Maintenance" definition below. • "Construction General Permit" means .the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ (NPDES No. CAS000002), adopted September 2, 2009, and'any successor permit to that permit. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or Rolling Hills, California, Code of Ordinances Page 3 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except authorized non -storm water discharges; conditionally exempt non -storm water discharges; and non -storm water discharges resulting from natural flows specifically identified in the Municipal NPDES Permit. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of structures and devices on a property, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of property owner, resident and/or occupant(s); 4. Property walk-through; 5. Visual observation of the condition of property; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit discussion (to discuss preliminary evaluation) as appropriate; and 9. Report preparation, and if appropriate, recommendations for coming into compliance. Rolling Hills, California, Code of Ordinances Page 4 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL "Low Impact Development (LID)" means building or landscape features designed to retain or filter storm water runoff. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned or operated by a state, city, town borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2. "Natural Drainage Systems" means all drainages that have not been improved (e.g., channelized or armored with concrete, shotcrete, or rip -rap) or drainage systems that are tributary to a natural drainage system. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "New development is not land disturbing activities solely involving landscaping or fire prevention. "Non -storm water discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water. "NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, and revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Section 307, 402, 318, and 405. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; Rolling Hills, California, Code of Ordinances Page 5 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. "Project" means all development, redevelopment, and land disturbing activities excluding landscaping projects. "Rain event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Redevelopment" means, land -disturbing activity that results in the creation, addition, or replacement of 10,000 square feet or more of impervious surface on existing single family dwelling and accessory structures or the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site for non -single family projects. 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 California Regional Water Quality Control Board -Los Angeles Region. "Routine Maintenance" includes, but is not limited to projects conducted to: 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility; 2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities; 3. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts; 4. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity; 5. Repair leaks; 6. Conduct landscaping activities without changing existing or natural grades; and 7. Conduct disking and grubbing for fire prevention. Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow, r: either contaminated with pollutants or uncontaminated, and nuisance flows. _ "Significant Ecological Area" means an area that is determined to possess an example ofbiotic` 4• resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species; Rolling Hills, California, Code of Ordinances Page 6 Title 8 HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis; 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County; 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County; 5. Biotic resources that are of scientific interest because they are either an extreme in physical/ geographical limitations, or represent an unusual variation in a population or community; 6. Areas important as game species habitat or as fisheries; 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County; and 8. Special areas. "Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. "Site" means the land or water area where any "structure or activity" is physically located or conducted, including adjacent land used in connection with the structure or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Storm water" means storm water runoff and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47996 (Nov. 16, 1990)). "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMPs and source control BMPs. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. (Ord. 289-U §§ 4, 5, 2002; Ord. 284 §§ 2, 3, 4, 2001; Ord. 267 § 1(part), 1996). 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. (Ord. 267 § 1(part), 1996). 8.32.060 - Prohibited activities. A. Illicit Discharges. It is prohibited to discharge pollutants into natural drainage courses. Rolling Hills, California, Code of Ordinances Page 7 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL B. Littering. No person shall throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, manure or any animal waste, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4 or into natural drainage courses. D. Non -Storm Water Discharges. All non -storm water discharges into the municipal storm sewer system are prohibited unless those flows are: in compliance with a separate NPDES Permit; pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES Permit; conditionally exempt non -storm water discharges as defined in accordance with the Municipal NPDES Permit; or authorized as a temporary non-stormwater discharge by USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited discharges include, but are not limited to: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations (excluding non-commercial car washing by residents and non-profit organizations); 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. Rolling Hills, California, Code of Ordinances Page 8 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL 8.32.070 - Exempted discharges, or conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, the Municipal NPDES Permit as being exempted discharges, or conditionally exempted discharges, shall not be considered a violation of this chapter; provided, that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources and that required conditions outlined in the Municipal NPDES Permit are met prior to discharge. (Ord. 267 § 1(part), 1996). 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the conditionally exempt washing down of paved areas shall be minimized to the maximum extent practicable. Conditionally exempt non -storm water discharges of roadway/driveway wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents. Conditionally exempt non - storm water discharges of roadway/driveway wash water do not include hosing of any driveway or roadway with a garden hose with a pressure nozzle. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall have debris removed in an effective manner regularly from such parking lots. E. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. (Ord. 289-U § 10, 2002; Ord. 267 § 1(part), 1996). 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. Rolling Hills, California, Code of Ordinances Page 9 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City, regardless of project size, and shall be required from the time of land clearing, demolition, or commencement of construction until final approval: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. All excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles not actively in use shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. Trash receptacles must be covered at the end of each business day and during rain events. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. Construction sites where the construction activity covers less than 1 acre must implement an effective combination of erosion and sediment control. BMPs from the Municipal NPDES Permit to prevent erosion and sediment loss, and the discharge of construction wastes. D. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, E. Construction sites where the construction activity covers 1 acre or more must adhere to the requirements set forth in the Municipal NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) for construction sites of one acre or greater shall be developed by a Qualified SWPPP Developer (QSD) consistent with the Municipal NPDES Permit. The SWPPP must include all elements required by the Construction General Permit. SWPPPs must be prepared in accordance with their calculated risk level per the Construction General Permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. F. BMPs selected for erosion and sediment control shall be detailed in the SWPPP. BMPs shall be selected from the Municipal NPDES Permit, as applicable, and, at a minimum, shall include those BMPs specified in Attachments C, D, and E of the Construction General Permit based on the project risk level. Selected BMPs must be selected, designed, implemented, and maintained in accordance with the BMP technical standards presented in the latest version of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction; or Caltrans Stormwater Quality Handbook, Construction Site Best Management Practices Manual and addenda. G. Roadway paving and repair projects must implement at a minimum the BMPs listed in the Municipal NPDES Permit. Roadway paving or repair projects greater than 1 acre in size shall also abide by the Rolling Hills, California, Code of Ordinances Page 10 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Construction General Permit, and implement all necessary BMPs as required for coverage under the Construction General Permit. (Ord. 289-U § 11, 2002; Ord. 267 § 1 (part), 1996). 8.32.095 — Planning and Land Development Program requirements for New Development and Redevelopment projects. A. The following New Development and Redevelopment projects are required to comply with the Municipal NPDES Permit: 1. Development projects, including the construction of new single family residential homes, equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious area; 2. Parking Tots with 5,000 square feet or more of impervious area or with twenty-five or more parking spaces; 3. Single family hillside residential developments or redevelopments; 4. Redevelopment projects in subject categories that meet Redevelopment thresholds (pursuant to the Municipal NPDES Permit), which include: (a) Land -disturbing activities which create, add, or replace 10,000 square feet or more of impervious surface area on existing single family dwellings and accessory structures; and (b) Land -disturbing activities which create, add, or replace 5,000 square feet or more of impervious surface area on an already developed site excluding single family dwellings and accessory structures. (c) Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. (d) Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. 5. Roadway construction with 10,000 square feet or more of impervious surface area shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. 6. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into a Significant Ecological Area (as defined herein), where the development will: (a) Discharge storm water that is likely to impact a sensitive biological species or habitat; and (b) Create 2,500 square feet or more of impervious surface area. EXCEPTIONS: The following do not constitute New Development or Redevelopment: Rolling Hills, California, Code of Ordinances Page 11 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL 1. Routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety. 2. Discretionary permit projects or phased project applications which have been deemed complete by February 8, 2013 and which have not received an extension of time. 3. Discretionary permit projects with a valid vesting tentative map. B. Incorporation of Planning and Land Development Program requirements into Project Plans. 1. New Development and Redevelopment projects are required to control pollutants and runoff volume from the project site by minimizing the impervious surface area and controlling runoff through infiltration, bioretention, and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES Permit. 2. An applicant for a New Development or a Redevelopment Project identified in Section 8.32.095.A of this Chapter shall incorporate into the applicant's project plans a Post Construction Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from the completed project. Structural or Treatment Control BMPs (including, as applicable, post -construction Treatment Control BMPs) set forth in project plans shall meet the design standards set forth in the current Municipal NPDES Permit. 3. To the extent that the City may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a hillside area, a single-family hillside home Development or Redevelopment project shall implement mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. New Development/Redevelopment Project Performance Criteria: Post -construction control BMPs to mitigate stormwater pollution are required for all new development and redevelopment projects identified in Section 8.32.095.A of this Chapter unless alternative measures are allowed as provided in the Municipal NPDES Permit. BMPs must be implemented to retain on -site the Stormwater Quality Design Volume (SWQDv), defined as runoff from either: (a) 0.75 inch, 24 -hour rain event; or (b) The 85th percentile, 24 -hour event, as determined from the Los Angeles County 85th percentile precipitation isohyetal map, whichever is greater. BMPs shall meet the design specifications and on -site retention potential outlined in the Municipal NPDES Permit. For projects unable to retain 100% of the SWQDv on -site due to technical infeasibility as defined in the Municipal NPDES Permit, projects must implement alternative compliance measures in accordance with the Municipal NPDES Permit. Rolling Hills, California, Code of Ordinances Page 12 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Single family hillside home development projects are exempt from the New Development/Redevelopment Project Performance Criteria of the Municipal NPDES Permit unless they create, add or replace 10,000 square feet of impervious surface area. 5. Hydromodification Control Criteria. (a) All non-exempt New Development and Redevelopment projects located within natural drainage systems as defined in Section 8.32.040 of this Chapter must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. Projects exempt from hydromodification controls are listed in the Municipal NPDES Permit. (b) The following New Development and Redevelopment projects must include one, or a combination of, hydromodification control BMPs, Low Impact Development (LID) strategies, or stream and riparian buffer restoration measures: i. Single family homes that create, add, or replace 10,000 square feet or more of impervious surface area are required to implement LID BMPs in accordance with parts B.1 through B.4 of this Section. Single family homes implementing such BMPs will satisfy the hydromodification control requirements of the Municipal NPDES Permit. . ii. Non -single family home projects disturbing an area greater than 1 acre but less than 50 acres within natural drainage systems must demonstrate one of the following: a. The project has been designed to retain on -site, through infiltration, evapotranspiration, and/or harvest and use, the storm water volume from the runoff of the 95th percentile, 24 -hour storm, or b. The runoff flow rate, volume, velocity, and duration for the post -development condition do not exceed the pre -development condition for the 2 -year, 24 -hour rainfall event, or c. The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a Hydromodification Analysis Study and the equation presented in Attachment J of the Municipal NPDES Permit, or other approved equations. C. Issuance of Final Approval. As a condition for issuing final approval for New Development or Redevelopment projects identified in Section 8.32.095.A, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the storm water pollution control Best Management Practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the Municipal NPDES Permit and other applicable regulatory requirements including the following words: "SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE UNDERSTAND AND ACKNOWLEDGE THAT WE ARE RESPONSIBLE FOR THE COST OF CORRECTING ANY DEFFICIENCY IN THE PERFORMANCE OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OF EVASION AND OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE." With the exception of Simple LID BMPs (as defined in Section 8.32.040) implemented on single family residences, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices, Treatment Control BMPs, and Hydromodification Control BMPs including but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, Rolling Hills, California, Code of Ordinances Page 13 Title 8 -.HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL conditional use permits, and/ or other legally binding maintenance agreements. These maintenance records must be kept on site for treatment BMPs implemented on single family residences. D. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2.. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. E. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. (Ord. 289-U § 12, 13, 14, 2002; Ord. 284 § 5, 2001). 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: (a) Any of the provisions of this chapter; or (b) Any failure to comply with any applicable requirement of the Municipal NPDES Permit, an approved Post -Construction Storm Water Mitigation Plan, or and approved SWPPP with respect to a property; or (c) Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or (d) Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SWPPP and/or Post -Construction Storm Water Mitigation Plan or the Municipal NPDES Permit, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. Rolling Hills, California, Code of Ordinances Page 14 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; and 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Carry Out Inspections, Conduct Samplings, and Establishing Sampling Devices. The Authorized Enforcement Officer may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the Municipal NPDES Permit, including the prohibition of non -storm water discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any Authorized Enforcement Officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in storm water and/or non -storm water runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMP's; Rolling Hills, California, Code of Ordinances Page 15 Title 8 - HEALTH AND SAFETY Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. (Ord. 289-U §15, 2002; Ord. 284 §6, 2001; Ord. 267 §1(part), 1996). 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. (Ord. 267 §1(part), 1996). Rolling Hills, California, Code of Ordinances Page 16 g- al Rolle:09 qe& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 7-A Mtg. Date: 06-10-13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PREPARED BY: YOLANTA SCHWARTZ, PLANNING DIRECTOR KATHLEEN.MCGOWAN, CONSULTANT THROUGH: STEVE BURRELL, INTERIM CITY MANAGER SUBJECT: ORDINANCE NO. 334 - AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL DATE: JUNE 10, 2013 ATTACHMENTS: Table 1 - Comparison between the 2001 and 2012 Municipal Separate Storm Sewer System, (MS4), Permits (not comprehensive) Table 2 - Water body/pollutant-specific TMDLs for which the City of Rolling Hills is identified as a responsible agency Ordinance No. 334 (proposed Chapter 8.32 of the Municipal Code) Existing Chapter 8.32 of the Municipal Code Letter of Intent to participate in the CIMP with Peninsula cities RECOMMENDATION It is recommended that the City Council review the staff report, open the public hearing and introduce the ordinance for first reading. It is also recommended that the City council authorize the Interim City Manger to sign an Intent Letter to participate with Peninsula cities in the development of a Coordinated Integrated Monitoring Program, (CIMP). BACKGROUND In July 1996, the California Regional Water Quality Control Board (CRWQCB), Los Angeles Region, pursuant to the Clean Water Act, adopted an Order No. 96-054) requiring that all municipal storm water discharges be subject to and in compliance with the National Pollutant, Discharge Elimination System (NPDES) Permit. The requirements of the Order covered the County and 85 incorporated cities, (including Rolling Hills). The City of Rolling Hills adopted Ordinance No. 267 in 1996 adding Chapter 8.32 - Storm Water and Urban Runoff Pollution Control to the Municipal Code to comply with the Order. On January 26, 2000, the CRWQCB adopted Resolution No. R00-02, enacting the Countywide Standard Urban Storm Water Mitigation Plan (SUSMP), thereby expanding the region's storm water control and regulatory responsibilities of the municipal Permittees by further addressing the issues of construction and development planning. On July 24, 2000, and subsequently on January 8, 2001 the City Council adopted Ordinance No. 283 and 284 respectively, to provide storm water pollution control for planning and construction of new development and redevelopment projects in compliance with the Regional Water Quality Control Board's approval of the Countywide Standard Urban Storm Water Mitigation Plan (SUSMP). In December 2001 the CRWQCB, with input and cooperation of the Principal Permittee (County) and participating cities, adopted a new Municipal Stormwater NPDES Permit, Order No. 01-182, which was to be in effect for five years. In August 2002 the City adopted Ordinance No. 289 to comply with the new NPDES Permit, which was a much stricter permit than the previous one. It required more inspections, greater monitoring and record keeping, greater controls of storm water pollution and addressed the need to prevent non -storm water discharges into the municipal storm water system, and is currently being implemented. On November 8, 2012, the Los Angeles Regional Water Quality Control Board adopted a new National Pollutant Discharge Elimination System Permit under the Federal Clean Water Act for discharges from the municipal separate storm sewer system (MS4) within Los Angeles County. The new municipal storm water permit incorporates water quality based storm water discharge limits and receiving water limits translated into the permit from previously developed water body/pollutant-specific total maximum daily loads (TMDLs). Receiving waters are surface waters that receive the stormwater discharge, e.g., Santa Monica Bay, Machado Lake, Los Angeles Harbor. Continuous improvements must be made until water quality standards are met, thus the scope of municipal efforts may have to expand over the term of the permit. The new permit is much stricter than previous permits. It incorporates numeric TMDL restrictions and requires volumetric retention of runoff from rainstorms and requires greater control of sources of pollutants in stormwater runoff. The Permit implementation is mandated by the State and one of the provisions is the adoption of updated stormwater management ordinances, including low impact development standards that comply with the new permit. Non-compliance would result in substantial fines to the City. Table 1 compares some of the significant aspects of the new permit with those in the previous 2001 MS4 permit to give a sense of the change in scope; however Table 1 is not comprehensive and does not fully summarize all the new provisions in the 500+page permit. Table 2 lists the water body/pollutant-specific TMDLs for which the City of Rolling Hills is identified as a responsible agency. The new permit explicitly requires that the City establish and maintain adequate legal authority to implement and enforce the permit requirements within its jurisdiction. This includes the authority to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. The subject ordinance is intended to provide such legal authority. DISCUSSION The 2012 MS4 Permit provides for three general implementation options, which were presented to the City Council at its January 28, 2013 meeting. The City Council selected Option 1 to implement the new Permit. Under Option 1 the City is required to implement the baseline Minimum Control Measures prescribed in the permit and must demonstrate compliance with strict numeric limits for water quality standards through monitoring. Minimum Control Measures are considered to be baseline or default requirements. They are grouped into six categories similar to those in the previous MS4 Permit including: o Public Information and Participation Program o Industrial/ Commercial Facilities Program (not applicable in Rolling Hills) o Planning and Land Development Program (including a Low Impact Development Ordinance which is new) o Development Construction Program o Public Agency Activities Program (limited applicability in Rolling Hills) o Illicit Connections and Illicit Discharges Elimination Program Permittees that elect this option must implement the Minimum Control Measures (MCMs) by June 28 2013. This is an earlier implementation deadline than for those permittees who selected one of the other two options to meet the mandates of the new MS4 Permit. One of the earlier implementation requirements is the adoption of an ordinance in compliance with the new permit including Low Impact Development standards. Low impact development standards are measures intended to distribute stormwater and urban runoff across development sites to help reduce adverse water quality impacts and help replenish groundwater supplies. LID design strategies are those that utilize every softscape and hardscape surface in development to perform a beneficial hydrologic function by retaining, detaining, storing, changing the timing of, or filtering stormwater runoff. Acceptable methods of LID implementation is to distribute small, cost-effective landscape features throughout the project site, which is different from the conventional water treatment methods, such as pipe and large stormwater management basin designs. It will be required that all development plans, subject to this ordinance, include LID measures. The City contracts with the Los Angeles County Department of Building and Safety and Willdan Engineering for plan -checking and inspections of development projects. They have in the past implemented the requirements of the NPDES Permit either through the County Building Code (or City ordinances) or Best Management Practice (BMP) Manuals, which were approved by the Regional Board. With the earlier implementation deadline for the City of Rolling Hills, the City cannot rely on the County's ordinance to implement the regulations, as the County has just started reviewing its current LID Ordinance to determine what changes must be made to comply with the new permit. The County anticipates having an updated LID ordinance in place by the end of the year. At this time the City is required to adopt a refined storm water ordinance, including provisions for low impact development by June 28, 2013 to assure compliance with the storm water pollution mitigation measures prescribed in the new Municipal NPDES Permit, under option 1. Geosyntec Consultants prepared the attached ordinance with input and review by the City Attorney and staff. The new mandates require property owners to submit development plans for all development including driveways, as they may trigger compliance. If applicable, the plans must also incorporate the required construction and post -construction measures. It will also require much time and effort by City and Building Department staff's to determine applicability of the measures to a specific development and then to review approve and monitor the measures. CONTENT OF THE PROPOSED ORDINANCE The proposed ordinance follows the structure of the existing storm water management ordinance, Chapter 8.32, but includes many new provisions, as required by the new MS4 Permit. The existing ordinance is enclosed with this staff report for your information. The proposed ordinance enhances the findings, purpose and intent; adds, amends and clarifies definitions, and in general modifies the existing ordinance to comply with new language of the new MS4 Permit. The major changes occur in Section 8.32.090 - Requirements for construction activities and Section 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment Projects, which includes provisions for low impact development (LID). New requirements for construction activities include: 1. Construction projects regardless of size must to the maximum extent practicable reduce sediments, trash, construction waste and other pollutants; soil piles not actively used must be bermed or covered; trash receptacles must be covered. 2. Sites where the construction activity covers less than one acre must implement erosion and sediment control BMPs from the NPDES Permit. Examples of the controls are listed in the BMPs Manuals adopted by the County and are implemented by the Building Department during plan check and construction; additional erosion and sediment controls will be adopted by the County with their LID ordinance at the end of the year. 3. Sites where the construction activity covers one acre or more must implement erosion and sediment control BMPs from the NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) must be prepared by a qualified SWPPP developer (QSD), and must include calculations for risk level. The selected BMPs for erosion and sediment control must be detailed in the SWPPP and must be designed, implemented and maintained in accordance to the approved lists and technical standards per the latest version of approved Manuals and Handbooks. 4. Roadway paving and repair projects (whether it's by private or public entity) must comply with the BMPs listed in the NPDES Permit and those where the activity is greater than one acre are subject to the requirement of the Construction General Permit. The City will be responsible for educating and assuring compliance by the RHCA staff and their paving contractors with this requirement. 5. Roadway construction of 10,000 sq. ft. or greater of impervious surface must follow USEPA guidelines regarding Managing Wet Weather with Green Infrastructure. 6. New development or redevelopment projects (discretionary or non -discretionary projects), such as new homes where one or more acres is disturbed, parking lots of 5,000 square feet, activities creating 10,000 sq. ft. or more of impervious surfaces or 2,500 sq. ft. of impervious surface if stormwater discharges to or the property is adjacent to a Significant Ecological Area. If a redevelopment project consists of altering or adding 50% or more of impervious surfaces than previously existed then the entire property must be mitigated consistent with the new NPDES permit requirements. 7. Post -construction control BMPs to mitigate storm water pollution are required for all new development and redevelopment projects and must be designed to retain water based on volumetric quantities (0.75 inch, 24 -hour rain event or the 85th percentile, 24 -hour event, which ever is greater). 8. As a condition of issuance of a "Final" inspection for a project all storm water mitigation measures, including post -construction treatment structures must be in place; certification from owner must be submitted stating that he/she will maintain the structures in compliance with the NPDES Permit. 9. When the property is transferred the new owners must assume responsibility for maintenance of the structures and treatment controls. Examples of some of the acceptable implementation methods referred to above would be: • Permeable pavements • Rain Garden • Rain Barrels or Cistern • Dry Well • Bioretention • Biofiltration FISCAL IMPACT The adoption of the mandated ordinance comes with significant new efforts that will require both additional fiscal resources for consulting contracts and additional staff resources to manage and carry out this expanded program. The risk of non-compliance is financial penalties imposed by the Regional Water Quality Control Board and the potential for private party lawsuits. In addition, at this time it is not known if the Building Department will continue to implement and manage some of the requirements through the General Services Agreement with contract cities or if a separate/ amended agreement will be developed to cover County staff time for implementation of the additional requirements. According to the County Building Official, the County Counsel is currently reviewing its options. ENVIRONMENTAL DETERMINATION Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. NOTIFICATION Notice of this matter was included in the draft agenda in the City's newsletter; as well as a separate announcement that this topic will be considered at the June 10 meeting was placed on the front page of the City's newsletter. City's consultant, Kathleen McGowan, and City Attorney Jenkins will be in attendance at the meeting to discuss this report. ADDITIONAL MATTER -LETTER OF INTENT As part of the new permit, by June 28, 2013 each Permittee must submit a letter of intent to the Executive Officer of the Regional Water Quality Control Board describing whether it intends to follow an Integrated Monitoring Program or a Coordinated Integrated Monitoring Program approach for each of the required monitoring plan elements in the Municipal NPDES Permit. The attached letter for Council's consideration serves to notify the Executive Officer of the City's intent to follow a Coordinated Integrated Monitoring Program approach for all of the required monitoring plan elements. Participation in a Coordinated Integrated Monitoring Program (CIMP) provides the City the opportunity to increase the cost efficiency and effectiveness (and in Rolling Hills' case, the feasibility) of the monitoring program over an individual monitoring program. These efficiencies can be achieved by: 1. Leveraging monitoring resources by selecting monitoring locations, parameters or monitoring techniques that will satisfy multiple monitoring requirements 2. Modifying previously approved TMDL Monitoring Plans 3. Utilizing alternative approaches to meet the primary objectives of the monitoring program other than the approaches specified in the Municipal NPDES Permit The permit also states that if the City is not electing to follow the Watershed Management Program or Enhanced Watershed Management, Program permit implementation option, then an Integrated Monitoring Program must be submitted by December 28, 2013, otherwise the IMP or CIMP is due by June 28, 2014. A City is not required to submit an IMP if all of the applicable monitoring requirements in the Municipal Stormwater Permit are addressed in a CIMP to which the Permittee is a participant. Although the City is electing to participate in a CIMP with the other Peninsula cities, it is not pursuing the Watershed Management Program or Enhanced Watershed Management Program in coordination of the other Peninsula cities, therefore to assist Rolling Hills in meeting the December 28, 2013 deadline for IMP submittal, the Peninsula Cities have committed to submit the CIMP according to the earlier December 28, 2013 deadline. A memorandum of agreement to jointly fund the development of a CIMP with the other Peninsula cities and the County of Los Angeles is currently in draft form and will be brought to the City Council for approval at a later date. CONCLUSION In conclusion, it is recommended that the City Council consider the proposed ordinance for first reading and direct staff to return with the ordinance for adoption at the June 24, 2013 meeting. It is also recommended that the City Council authorize the interim City Manager to sign the attached letter to be mailed to the RWQCB by June 28 showing the City's intent to participate with the Peninsula cities in the CIMP. YS:hl Table 1: Some Significant Changes in MS4 Permit MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Structure No principal permittee Permittees may self -organize under a watershed structure or implement the permit as an independent entity Principal permittee (LA County Flood Control District) provided assistance to 82 co-permittees: • Coordination/leadership • County -wide Public Ed program • Model programs for each category of control measure • Annual report website Permit approach Performance -based compliance with water quality standards to be measured through an expanded water quality monitoring program. Requires continuous improvement until water quality targets are met Implement specified best management practices to the maximum extent practicable Where MS4 discharges were known to cause or contribute to exceedances of receiving water limitations, improvements to best management practices were required. TMDLs TMDLs for 32 separate pollutant -receiving water combinations are enforced through the MS4 Permit Few TMDLs enforced through MS4 Permit: • BaIlona Creek and LA River Trash TMDLs • Santa Monica Bay Beaches Bacteria TMDLs (temporarily) Table 1: Some Significant Changes in MS4 Permit MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Monitoring Requirements Integrated Watershed Monitoring Plans must include: • Receiving water monitoring 3x per year during wet weather and 2x per year during dry weather for an initial list of 140 pollutants plus toxicity monitoring • Storm drain discharge monitoring for each watershed 3x per year during wet weather • Additional TMDL monitoring as called for in adopted TMDLs (most have more frequent monitoring, i.e., monthly or weekly and even daily at some locations • County conducted monitoring of major rivers/storm drain systems, e.g., LA River, Dominguez Channel, Ballona Creek • TMDL monitoring for limited list of pollutants, e.g., o Santa Monica Bay shoreline monitoring for bacteria (weekly or daily monitoring for each of 3 indicators) o Peninsula Cities have been conducting monthly monitoring for nitrogen and phosphorus in accordance with Machado Lake Nutrient TMDL Non-stormwater and Illicit Discharges Non-stormwater Outfall Screening and Monitoring Program • Systematic screening of all outfalls to identify those with significant non stormwater flows • Monitoring to assess water quality impact on receiving water • Track source of significant non-stormwater discharges to identify • Determine whether discharge is illicit and eliminate, or is conditionally exempt or permitted and needs to be re-evaluated as such • Begin monitoring all storm drain discharges that convey significant discharges unless permitted by separate NPDES Permit Complaint -based response to identify and eliminate illicit discharges If discharge was conditionally exempt, then no further action was needed Annual reporting of illicit connections and discharges identified/eliminated for County -wide trend analysis Table 1: Some Significant Changes in MS4 Permit MS4 Permit Provision 2012 MS4 Permit 2001 MS4 Permit Annual Reports Objectives are to assess: Focused on verifying and documenting the • The impact of City's stormwater and non- implementation of best management practices in stormwater discharges on the receiving water accordance with permit requirements, e.g., • Frequency of industrial/commercial inspections • City's compliance with receiving water and results of inspections limitations, numeric water quality -based • Number of new development and effluent limitations and non-stormwater redevelopment projects reviewed and action levels conditioned for water quality measures • Effectiveness of the control measures in • Number of construction sites inspected and reducing discharges of pollutants to receiving results of inspections waters • Frequency of catch basin cleaning and amount • Whether quality of MS4 discharges and the of material removed health of receiving waters is improving, steady or declining • Frequency of street sweeping • Number of illicit discharges identified and Present detailed data and information to allow the Regional Board to verify conclusions eliminated Plus report on progress/milestones and implementation measures Table 2: Matrix of Total Maximum Daily Loads (TMDLs) incorporated into Permit applicable to Rolling Hills Receiving Water Pollutant and Final TMDL Deadline Santa Monica Bay Bacteria during summer dry weather Final Deadline 2006 (final targets in effect) Bacteria during winter dry weather Final Deadline 2009 (final objectives have been reconsidered and revised though revision is not yet effective) Bacteria during wet weather Final Deadline 2021 Debris (trash) Final Deadline 2020 DDT and PCBs (legacy pollutants) Issued by USEPA so unless addressed in a Watershed Management Program, the TMDL numeric limits become effective immediately Machado Lake Trash Final Deadline 2016 Total Nitrogen and Total Phosphorus Final Deadline 2018 DDT, Chlordane, Dieldrin (pesticides) PCBs Final Deadline 2019 Los Angeles Harbor Metals (copper, lead, zinc) Final Deadline 2032 Legacy pesticides and PCBs Final Deadline 2032 Polynuclear aromatic hydrocarbons Final Deadline 2032 Aquatic toxicity Final Deadline 2032 Note: Additional receiving water limitations include water quality standards for marine waters (including Santa Monica Bay) as defined in the California Ocean Plan which are included in the initial 140 pollutants monitored under the monitoring plan. Any exceedances of these receiving water standards must also be addressed. Similar water quality standards also exist for Dominguez Channel as a freshwater under the Los Angeles Basin Plan. THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE NO. 334 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL THE CITY COUNCIL OF THE CITY OF ROLLING HILL DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry. weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The purpose of this ordinance is to comply with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. Section 2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Ordinance No. 334 Section 3. The City Council hereby amends in its entirety Chapter 8.32 of Title 8 of the Rolling Hills Municipal Code as set forth in Exhibit A incorporated herein by this reference and which is attached hereto and made a part hereof. Section 4. Severability. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. Section 5. Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6. Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED AND ADOPTED ON THE DAY OF , 2013. FRANK E. HILL MAYOR ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 334 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ). ) §§ I certify that the foregoing Ordinance No. 334 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL was approved and adopted at a regular meeting of the City Council on , 2013 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 334 3 EXHIBIT A Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment projects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title. This Chapter shall be known as the "City of Rolling Hills Storm Water Management and Pollution Control Ordinance." 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co-permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co-permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, low density residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, water reservoirs, and a public school campus. Ordinance No. 334 -1- F. All roadways in the City are privately owned and maintained by the Rolling Hills Community Association. The City of Rolling Hills does not own or operate a municipal separate storm sewer system. Natural drainage courses within the City are located on private property. G. Properties with geologic instability throughout the City and the hillside topography of the entire community make it difficult and in some instances hazardous for property owners to have storm water retention on site if such retention will result in absorption of water in slide planes. H. All the properties within the City limits are under the constraints and limitations of CC&Rs of the Rolling Hills Community Association 8.32.030 - Purpose and intent. A. The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter - Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to: 1. Protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit; 2. Provide the City with the legal authority necessary to implement and enforce the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and in the Municipal NPDES Permit to the extent they are applicable in the City of Rolling Hills; and 3. Set forth compliance measures for the construction and operation of storm water mitigation measures required for certain "New Development" and "Redevelopment", and other projects (as further defined herein) as prescribed in the current version of the Municipal NPDES Permit approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the City Manager or his/her designee to serve as an authorized enforcement officer to define and adopt applicable Best Management Practices (BMPs) and other storm water pollution control measures, to grant emergency self -waivers, as necessary, and to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement, and enforce the provisions of this section. 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term defined in the current Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following definitions apply to this chapter only: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non -storm water discharges to receiving waters, or Ordinance No. 334 -2- designed to reduce the volume of storm water or non -storm water discharged to the receiving water. Examples of BMP's may include public education and outreach, proper planning of development projects, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means any construction or demolition activity, clearing, grading, grubbing, excavation, or any other activities that result in soil disturbance. Construction includes structure teardown and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); clearing and grubbing of vegetation for landscape maintenance and fire prevention which is not associated with a larger construction project; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. See "Routine Maintenance" definition below. "Construction General Permit" means the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ (NPDES No. CAS000002), adopted September 2, 2009, and any successor permit to that permit. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Ordinance No. 334 "Disturbed Area" means an area that is altered as a result .of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except authorized non -storm water discharges; conditionally exempt non -storm water discharges; and non -storm water discharges resulting from natural flows specifically identified in the Municipal NPDES Permit. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of structures and devices on a property, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of property owner, resident and/or occupant(s); 4. Property walk-through; 5. Visual observation of the condition of property; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit discussion (to discuss preliminary evaluation) as appropriate; and 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Low Impact Development (LID)" means building or landscape features designed to retain or filter storm water runoff. Ordinance No. 334 "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned or operated by a state, city, town borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2. "Natural Drainage Systems" means all drainages that have not been improved (e.g., channelized or armored with concrete, shotcrete, or rip -rap) or drainage systems that are tributary to a natural drainage system. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "New development is not land disturbing activities solely involving landscaping or fire prevention. "Non -storm water discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water. "NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, and revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Section 307, 402, 318, and 405. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; Ordinance No. 334 -5- O 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. "Project" means all development, redevelopment, and land disturbing activities excluding landscaping projects. "Rain event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Redevelopment" means, land -disturbing activity that results in the creation, addition, or replacement of 10,000 square feet or more of impervious surface on existing single family dwelling and accessory structures or the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site for non -single family projects. 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 California Regional Water Quality Control Board -Los Angeles Region. "Routine Maintenance" includes, but is not limited to projects conducted to: 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility; 2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities; 3. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts; 4. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity; 5. Repair leaks; 6. Conduct landscaping activities without changing existing or natural grades; and 7. Conduct disking and grubbing for fire prevention. Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Ecological Area" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species; Ordinance No. 334 -6- 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis; 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County; 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County; 5. Biotic resources that are of scientific interest because they are either an extreme in physical/ geographical limitations, or represent an unusual variation in a population or community; 6. Areas important as game species habitat or as fisheries; 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County; and 8. Special areas. "Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. "Site" means the land or water area where any "structure or activity" is physically located or conducted, including adjacent land used in connection with the structure or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Storm water" means storm water runoff and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47996 (Nov. 16, 1990)). "Structural BIVTP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMPs and source control BMPs. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. 8.32.060 - Prohibited activities. A. Illicit Discharges. It is prohibited to discharge pollutants into natural drainage courses. Ordinance No. 334 B. Littering. No person shall intentionally throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4 or into natural drainage courses. D. No person shall intentionally dispose of manure or any animal waste into the MS4 or into natural drainage course. E. Non -Storm Water Discharges. All non -storm water discharges into the municipal storm sewer system are prohibited unless those flows are: in compliance with a separate NPDES Permit; pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES Permit; conditionally exempt non -storm water discharges as defined in accordance with the Municipal NPDES Permit; or authorized as a temporary non-stormwater discharge by USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited discharges include, but are not limited to: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations (excluding non-commercial car washing by residents and non-profit organizations); 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. F. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and Ordinance No. 334 hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. 8.32.070 - Exempted discharges, or conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, the Municipal NPDES Permit as being exempted discharges, or conditionally exempted discharges, shall not be considered a violation of this chapter; provided, that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources and that required conditions outlined in the Municipal NPDES Permit are met prior to discharge. 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the conditionally exempt washing down of paved areas shall be minimized to the maximum extent practicable. Conditionally exempt non -storm water discharges of roadway/driveway wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents. Conditionally exempt non -storm water discharges of roadway/driveway wash water do not include hosing of any driveway or roadway with a garden hose with a pressure nozzle. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall have debris removed in an effective manner regularly from such parking lots. E. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. Ordinance No. 334 -9- JT B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City, regardless of project size, and shall be required from the time of land clearing, demolition, or commencement of construction until fmal approval: 1 Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. All excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles not actively in use shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. Trash receptacles must be covered at the end of each business day and during rain events. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. Construction sites where the construction activity covers less than 1 acre must implement an effective combination of erosion and sediment control BMPs from the Municipal NPDES Permit to prevent erosion and sediment loss, and the discharge of construction wastes. D. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, E. Construction sites where the construction activity covers 1 acre or more must adhere to the requirements set forth in the Municipal NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) for construction sites of one acre or greater shall be developed by a Qualified SWPPP Developer (QSD) consistent with the Municipal NPDES Permit. The SWPPP must include all elements required by the Construction General Permit. SWPPPs must be prepared in accordance with their calculated risk level per the Construction General Permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. F. BMPs selected for erosion and sediment control shall be detailed in the SWPPP. BMPs shall be selected from the Municipal NPDES Permit, as applicable, and, at a minimum, shall include those BMPs specified in Attachments C, D, and E of the Construction General Permit based on the project risk level. Selected BMPs must be selected, designed, implemented, and maintained in accordance with the BMP technical standards presented in the latest version of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction; or Caltrans Stormwater Quality Handbook, Construction Site Best Management Practices Manual and addenda. Ordinance No. 334 G. Roadway paving and repair projects must implement at a minimum the BMPs listed in the Municipal NPDES Permit. Roadway paving or repair projects greater than 1 acre in size shall also abide by the Construction General Permit, and implement all necessary BMPs as required for coverage under the Construction General Permit. 8.32.095 — Planning and Land Development Program requirements for New Development and Redevelopment projects. A. The following New Development and Redevelopment projects are required to comply with the Municipal NPDES Permit: 1. Development projects, including the construction of new single family residential homes, equal, to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious area; 2. Parking lots with 5,000 square feet or more of impervious area or with twenty-five or more parking spaces; 3. Single family hillside residential developments or redevelopments; 4. Redevelopment projects in subject categories that meet Redevelopment thresholds (pursuant to the Municipal NPDES Permit), which include: (a) Land -disturbing activities which create, add, or replace 10,000 square feet or more of impervious surface area on lots developed with single family dwellings and/or accessory structures; and (b) Land -disturbing activities which create, add, or replace 5,000 square feet or more of impervious surface area on an already developed site excluding lots developed with single family dwellings and accessory structures. (c) Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. (d) Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. 5. Roadway construction with 10,000 square feet or more of impervious surface area shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. 6. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into a Significant Ecological Area (as defined herein), where the development will: (a) Discharge storm water that is likely to impact a sensitive biological species or habitat; and (b) Create 2,500 square feet or more of impervious surface area. EXCEPTIONS: The following do not constitute New Development or Redevelopment: Ordinance No. 334 -11- 1. Routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety. 2. Discretionary permit projects or phased project applications which have been deemed complete by February 8, 2013 and which have not received an extension of time. 3. Discretionary permit projects with a valid vesting tentative map. B. Incorporation of Planning and Land Development Program requirements into Project Plans. 1. New Development and Redevelopment projects are required to control pollutants and runoff volume from the project site by minimizing the impervious surface area and controlling runoff through infiltration, bioretention, and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES Permit. 2. An applicant for a New Development or a Redevelopment Project identified in Section 8.32.095.A of this Chapter shall incorporate into the applicant's project plans a Post Construction Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from the completed project. Structural or Treatment Control BMPs (including, as applicable, post -construction Treatment Control BMPs) set forth in project plans shall meet the design standards set forth in the current Municipal NPDES Permit. 3. To the extent that the City may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a hillside area, a single-family hillside home Development or Redevelopment project shall implement mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. New Development/Redevelopment Project Performance Criteria: Post -construction control BMPs to mitigate stormwater pollution are required for all new development and redevelopment projects identified in Section 8.32.095.A of this Chapter unless alternative measures are allowed as provided in the Municipal NPDES Permit.. BMPs must be implemented to retain on -site the Stormwater Quality Design Volume (SWQDv), defined as runoff from either: (a) 0.75 inch, 24 -hour rain event; or (b) The 85th percentile, 24 -hour event, as determined from the Los Angeles County 85"' percentile precipitation isohyetal map, whichever is greater. BMPs shall meet the design specifications and on -site retention potential outlined in the Municipal NPDES Permit. For projects unable to retain 100% of the SWQDv on -site due to technical infeasibility as defined in the Municipal NPDES Permit, projects must implement alternative compliance measures in accordance with the Municipal NPDES Permit. Ordinance No. 334 -12- 01 Single family hillside home development projects are exempt from the New Development/Redevelopment Project Performance Criteria of the Municipal NPDES Permit unless they create, add or replace 10,000 square feet of impervious surface area. 5. Hydromodification Control Criteria. (a) All non-exempt New Development and Redevelopment projects located within natural drainage systems as defined in Section 8.32.040 of this Chapter must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. Projects exempt from hydromodification controls are listed in the Municipal NPDES Permit. The following New Development and Redevelopment projects must include one, or a combination of, hydromodification control BMPs, Low Impact Development (LID) strategies, or stream and riparian buffer restoration measures: i. Projects on single family lots that create, add, or replace 10,000 square feet or more of impervious surface area are required to implement LID BMPs in accordance with parts B.1 through B.4 of this Section. Single family homes implementing such BMPs will satisfy the hydromodification control requirements of the Municipal NPDES Permit. . ii. Projects on non -single family lots disturbing an area greater than 1 acre but less than 50 acres within natural drainage systems must demonstrate one of the following: a. The project has been designed to retain on -site, through infiltration, evapotranspiration, and/or harvest and use, the storm water volume from the runoff of the 95`h percentile, 24 -hour storm, or b. The runoff flow rate, volume, velocity, and duration for the post -development condition do not exceed the pre -development condition for the 2 -year, 24 -hour rainfall event, or c. The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a Hydromodification Analysis Study and the equation presented in Attachment J of the Municipal NPDES Permit, or other approved equations. C. Issuance of Final Approval. As a condition for issuing final approval for New Development or Redevelopment projects identified in Section 8.32.095.A, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the storm water pollution control Best Management Practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the Municipal NPDES Permit and other applicable regulatory requirements including the following words: "SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE UNDERSTAND AND ACKNOWLEDGE THAT WE ARE RESPONSIBLE FOR THE COST OF CORRECTING ANY DEFFICIENCY IN THE PERFORMANCE OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OF EVASION AND OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE." (b) Ordinance No. 334 -13- With the exception of Simple LID BMPs (as defined in Section 8.32.040) implemented on lots developed with single family residences, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices, Treatment Control BMPs, and Hydromodification Control BMPs including but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/ or other legally binding maintenance agreements. These maintenance records must be kept on site for treatment BMPs implemented on single family residences. D. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2.. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. E. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: (a) Any of the provisions of this chapter; or (b) Any failure to comply with any applicable requirement of the Municipal NPDES Permit, an approved Post -Construction Storm Water Mitigation Plan, or and approved SWPPP with respect to a property; or (c) Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or (d) Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SWPPP and/or Post -Construction Storm Water Mitigation Plan or the Municipal NPDES Permit, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. Ordinance No. 334 -14- 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; and 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Carry Out Inspections, Conduct Samplings, and Establishing Sampling Devices. The Authorized Enforcement Officer may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the Municipal NPDES Ordinance No. 334 -15- Permit, including the prohibition of non -storm water discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any Authorized Enforcement Officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in storm water and/or non -storm water runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMP's; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. Ordinance No. 334 -16- ® THIS PAGE INTENTIONALLY LEFT BLANK EXISTING ORDINANCE Chapter 8.32 - STORM WATER AND URBAN RUNOFF POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 - Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Standard Urban Storm Water Mitigation Plan ("SUSMP") requirements for new development and redevelopment projects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title.This chapter shall be known as the "City of Rolling Hills Storm Water Management and Discharge Control Ordinance." (Ord. 267 § 1(part), 1996). 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and urban runoff discharge into storm drain systems. B. Storm water and urban runoff flows from individual properties onto streets, then through storm drains passing through the City. C. The City of Rolling Hills is a co-permittee under the "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" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board —Los Angeles Region, which also serves as a NPDES permit under the Federal Clean Water Act and as a co-permittee, the City is required to implement procedures with respect to the entry of non -storm water discharges into the municipal storm water system. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, virtually built -out residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, and a public school campus. There are no commercial or industrial uses in the City and there is no land in the City zoned for such purposes. F. All streets, roads and trails in the City are privately owned and maintained by the Rolling Hills Community Association. All storm drains in the City are owned and maintained either by the Community Association or the County of Los Angeles. Many natural watercourses are located on private property. G. Active landslides in some areas of the City make it hazardous for the City to encourage storm retention on site if such retention will result in absorption of water in slide planes. (Ord. 289-U §§ 1, 2, 2002; Ord. 267 § 1(part), 1996). 8.32.030 - Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the City and the water quality of the receiving waters of the County of Los Angeles and surrounding coastal areas by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the Santa Monica Bay: and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the ,California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit. C. This chapter is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the municipal storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows. D. This chapter also sets forth requirements for the construction and operation of certain "new development" and "redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the authorized enforcement officer to define and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement and enforce the provisions of this section. (Ord. 289-U § 3, 2002; Ord. 284 § 1, 2001; Ord. 267 § 1(part), 1996). 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or in the current version of the Standard Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board -Los Angeles Region, or if it is not specifically defined in either the Municipal NPDES Permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this chapter: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance. Construct -ion includes structure teardown. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with, no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. 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. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging Directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as dis-tinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Greater than (>) nine unit home subdivision" means any subdivision being developed for ten or more single-family or multi -family dwelling units. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except discharges pursuant to a separate NPDES permit, discharges that are identified in Part 1, "Discharge Prohibitions" of Order 01-182, and discharges authorized by the Regional Board Executive Officer. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on -site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of facility personnel; 4. Facility walk-through. 5. Visual observation of the condition of facility premises; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit conference (to discuss preliminary evaluation); and, 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Maximum Extent Practicable (MEP)" means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. See also State Board Order WQ 2000-11 at page 20. "Municipal NPDES permit" means the "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" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board —Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities, publicly or privately owned, that are located within the City and used for the purpose of collecting, storing, transporting or disposing of storm water. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "Non -storm water discharge" means any discharge to a municipal storm water system that is not composed entirely of storm water. "NPDES permit" means any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES permit pursuant to Water Code Sections 13370 (other than the Municipal NPDES Permit). "Planning Priority Projects" mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including: 1. Ten or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments); 2. Parking lots five thousand square feet or more of surface area or with twenty-five or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and 5. Those projects that require the implementation of a site -specific plan to mitigate post - development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post -development storm water quality, and where the following project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; or (c) Outdoor horticulture activities. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus; The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" also shall not include any substance identified in this definition, if through compliance with the Best Management Practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the Best Management Practices available. "Project" means all development, redevelopment, and land disturbing activities. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health safety. "Regional Board" means the California Regional Water Quality Control Board -Los Angeles Region. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Redevelopment" means land -disturbing activity that results in the creation or addition or replacement of five thousand square feet or more of impervious surface area on an already developed site. "Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to control storm water pollution from new development and redevelopment or any project specifically identified in Section 8.32.095(A). "Storm event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Storm water runoff' means that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi -pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases. "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMP's and source control BMP's. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. "Urban runoff' means surface water flow produced by non -storm water resulting from residential and institutional activities involving the use of potable and non -potable water. (Ord. 289-U §§ 4, 5, 2002; Ord. 284 §§ 2, 3, 4, 2001; Ord. 267 § 1(part), 1996). 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. (Ord. 267 § 1(part), 1996). 8.32.060 - Prohibited activities. A. Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the municipal storm water system, or to commence or continue any illicit discharges to the municipal storm water system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows. B. Littering. It is prohibited to throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage or any other discarded or abandoned objects, articles or accumulations, on or upon any street, driveway, trail, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt or other landscape debris into the MS4. D. Non -Storm Water Discharges. The following non -storm water discharges into the municipal storm water system are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. F. Industrial Activities. No person shall conduct any industrial activity in the City. (Ord. 289-U §§ 6, 7, 8, 2002; Ord. 267 § 1 (part), 1996). 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II.0 of the Municipal NPDES Permit as being exempted discharges, conditionally exempted discharges or designated discharges shall not be considered a violation of this chapter; provided, that any applicable BMP's developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources. (Ord. 267 § 1(part), 1996). Lq)0 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to streets or the MS4 may or does occur. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable. Sweeping and collection of debris is encouraged for trash disposal. C. Storage of Materials, Machinery and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots. E. Food Wastes. Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4. F. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. (Ord. 289-U § 10, 2002; Ord. 267 § 1(part), 1996). 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the City and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. Between October 1 and April 15, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, D. A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction sites of one acre or greater shall be developed consistent with the municipal NPDES permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. (Ord. 289-U § 11, 2002; Ord. 267 § 1 (part), 1996). 8.32.095 - Standard Urban Storm Water Mitigation Plan ("SUSMP") requirements for new development and redevelopment projects. A. Projects Requiring a SUSMP. The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the current Municipal NPDES Permit: 1. Ten or more unit homes; 2. Parking lots five thousand square feet or more of surface area or with twenty-five or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into an Environmentally Sensitive Area (as defined herein), where the development will: i. Discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat; and ii. Create two thousand five hundred square feet or more of impervious surface area. B. Incorporation of SUSMP into Project Plans. 1. An applicant for a New Development or a Redevelopment Project identified in paragraph a of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan ("SWMP"), which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's (including, as applicable, post -construction Treatment Control BMP's) set forth in project plans shall meet the design standards set forth in the SUSMP and the current Municipal NPDES Permit. 2. If a Project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. 3. A new single-family hillside home development or Redevelopment shall include mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. Numerical Design Criteria: Post -construction Treatment Control BMPs for all projects must incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff: (a) Volumetric Treatment Control BMP (1) The 85th percentile 24 -hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or (2) The volume of annual runoff based on unit basin storage water quality volume, to achieve eighty percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook - Industrial/ Commercial, (1993); or The volume of runoff produced from a 0.75 inch storm event, prior to its discharge to a storm water conveyance system; or (4) The volume of runoff produced from a historical -record based reference 24 - hour rainfall criterion for "treatment" (0.75 -inch average for the Los Angeles County area) that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24 -hour runoff event. (b) Flow Based Treatment Control BMP (1) The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or (2) The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for Los Angeles County; or The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above. (3) (3) 5. Applicability of Numerical Design Criteria: The numeric design criteria listed above shall apply to the following categories of projects required to design and implement post -construction treatment controls to mitigate storm water pollution: (a) Single-family hillside residential developments of one (1) acre or more of surface area; (b) Housing developments of ten units or more; (c) Parking lots five thousand square feet or more of surface area or with twenty- five or more parking spaces; (d) Projects located in, adjacent to or discharging directly to an Environmentally Sensitive Area that meet threshold conditions identified above in Section 8(a); and (e) Redevelopment projects in subject categories that meet Redevelopment thresholds. 6. The following categories of Projects which otherwise do not require a SUSMP, but which may potentially have adverse impacts on post -development storm water quality, shall be designed to include post -construction Treatment Controls to mitigate storm water pollution and the implementation of a site -specific plan to mitigate post -development storm water for New Development and Redevelopment where one or more of the following Project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; or (c) Outdoor horticulture activities. 7. A SUSMP, or site -specific requirements, including post -construction storm water mitigation, shall be required for all Planning Priority Projects (as defined herein) that undergo Significant Redevelopment (as defined herein) in their respective categories. 8. Existing single family structures are exempt from the Redevelopment requirements set forth in this chapter. C. Issuance of Discretionary Permits. No discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph A of this section until the Authorized Enforcement Officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements. Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single family structures are exempt from the redevelopment requirements. D. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of occupancy for new development or redevelopment project identified in subsection A of this section, the authorized enforcement officer shall require facility operators and/or owners to build all the storm water pollution control Best Management Practices and structural or treatment control BMP's that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMP'S will be maintained in compliance with the SUSMP and other applicable regulatory requirements. E. Granting of Waiver. The authorized enforcement officer shall have the authority to grant a waiver to a development or redevelopment project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all structural or treatment control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the regional board: 1. Extreme limitations of space for treatment on a redevelopment project; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten feet from the soil surface. F. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing structural or treatment control BMP or (b) to replace an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2. For residential properties where the structural or treatment control BMP's are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance. 3. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. G. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. (Ord. 289-U § 12, 13, 14, 2002; Ord. 284 § 5, 2001). 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: a. Any of the provisions of this chapter; or b. Any failure to comply with any applicable requirement of either the SUSMP or an approved storm water mitigation plan with respect to a property; or c. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or d. Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved storm water mitigation plan or the SUSMP, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Conduct Samplings and Establishing Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMPs; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. (Ord. 289-U §15, 2002; Ord. 284 §6, 2001; Ord. 267 §1(part), 1996). 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. (Ord. 267 §1(part), 1996). THIS PAGE INTENTIONALLY. LEFT BLANK June 27, 2013 C1tyo/�cc.9 �uru INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Samuel Unger, Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy LETTER OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF A COORDINATED INTEGRATED MONITORING PROGRAM IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED GROUP Dear Mr. Unger; The City of Rolling Hills, with this letter, states its intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of a Coordinated Integrated Monitoring Program (CIMP) in accordance with the new MS4 Permit by Order No. R4-2012-0175 for submission to your Board. The CIMP will address all of the required monitoring elements in the MS4 Permit for each of the watersheds to which the City is tributary. The Palos Verdes Peninsula Watershed Group includes only the following agencies: the City of Ranchos Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the City of Rolling Hills, the County of Los Angeles, a political subdivision of the State of California, and Los Angeles Flood Control District. The City of Rolling Hills further intends to cost share in the development cost of a Coordinated Integrated Monitoring Program (CIMP). A cost sharing formula has been negotiated by among participating representatives of the Group as to the equitable distribution of costs. Should you have any questions, please contact me at 310 377-1521 Sincerely, Steve Burrell, Interim City Manager Printed on Recycled Paper