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AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION
OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING AND SUPPLEMENTING THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF
The City Council of the City of Rolling Hills does hereby ordain as follows:
Section 1. Section 8.32.020(C) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read:
“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.”
Section 2. Subsections 8.32.020(D), 8.32.020(E), and 8.32.020(F) of Chapter 8.32 of the Rolling Hills Municipal Code are hereby repealed. Subsections 8.32.020(G), 8.32.020(H), 8.32.020(I)
and 8.32.020(J) are hereby renumbered as subsections 8.32.020(D), 8.32.020(E), 8.32.020(F), and 8.32.020(G), respectively.
Section 3. Section 8.32.030(C) of Chapter 8.32 of the Rolling Hills Municipal Code is amended to read as follows:
“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.”
Section 4. Section 8.32.040 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to add the following definitions in appropriate alphabetical sequence:
“Construction” means constructing, clearing, grading, or excavation that results in soil disturbance. Construction 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 200 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.
“Disturbed Area” means an area that is altered as a result of clearing, grading, and/or excavation.
“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.
“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.
“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 (10) or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments);
2. Parking lots Five Thousand (5,000) square feet or more of surface area or with 25 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.”
“Project” means all development, redevelopment, and land disturbing activities.
“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 5,000 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.
Section 5. Section 8.32.040 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to substitute the following definitions for and in place of the existing definitions,
as follows:
“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.
“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 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.
“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.
"Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) 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.
“Storm event” means a rainfall event that produces more than 0.1 inch of precipitation in 24 hours unless specifically stated otherwise.
Section 6. Section 8.32.060(A) of Chapter 8.32 of the Rolling Hills Municipal Code is amended to read as follows:
“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.”
Section 7. Section 8.32.060(D) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read as follows:
“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.”
Section 8. Section 8.32.060(F) is hereby added to Chapter 8.32 of the Rolling Hills Municipal Code to read as follows:
“F. Industrial Activities. No person shall conduct any industrial activity in the city.”
Section 9. The preamble of Section 8.32.080 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to substitute the following in its place:
“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:”
Section 10. Existing Section 8.32.080(B) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended by adding the following sentence to the end of the subparagraph:
“ Sweeping and collection of debris is encouraged for trash disposal.”
Section 11. Existing Section 8.32.090 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to designate the existing provision as subparagraph “A” and to add subparagraphs
B, C and D as follows:
“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.”
Section 12. Existing Section 8.32.095(A) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read, as follows:
“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 (5,000) square feet or more of surface area or with twenty-five (25) 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 2,500 square feet or more of impervious surface area.”
Section 13. Existing Section 8.32.095(B) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read, as follows:
“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 80 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
(3) 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.
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 (10) units or more;
(c) Parking lots 5,000 square feet or more of surface area or with 25 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.”
Section 14. Existing Section 8.32.095(C) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read as follows:
“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 (50%) 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 (50%) 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.”
Section 15. Section 8.32.100(H) is hereby added to Chapter 8.32 of the Rolling Hills Municipal Code to read as follows:
“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.”
Section 16. 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 17. Declaration of Urgency. This Ordinance is an urgency ordinance for the immediate preservation of the public health, safety and welfare and therefore shall become effective
immediately upon its adoption pursuant to Government Code section 36937. This Ordinance must be adopted and must become effective immediately in order to ensure compliance with the
storm mitigation measures prescribed in the new Municipal NPDES Permit adopted by the Regional Water Quality Control Board (RWQCB) in December 2001 as part of the municipal storm water
program to address storm water pollution from new development and redevelopment by the private sector. The City is required by the new Municipal NPDES Permit to modify its existing SUSMP
ordinances or resolutions by August 1, 2002, to take effect no later than September 2, 2002. Failure to comply with that deadline could jeopardize the City’s compliance with the Permit.
Accordingly, it is necessary for the protection of the public health, safety and welfare that this Ordinance become effective immediately.
PASSED, APPROVED AND ADOPTED this 12th day of August, 2002
____________________________________
Allen Lay
Mayor
Attest:
____________________________________
Marilyn L. Kern
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 289 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION
OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING AND SUPPLEMENTING THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
was approved and adopted at a regular meeting of the City Council on August 12, 2002 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
________________________________________________
Marilyn L. Kern, Deputy City Clerk
Ordinance No. 289 -9-
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