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HomeMy WebLinkAboutORD 04 (1996)ORDINANCE NO. 04(1996) AN ORDINANCE OF THE CITY OF DIAMOND BAR REGULATING STORK WATER AND URBAN RUNOFF POLLUTION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. Title 8, Chapter 8.12 "Environmental Protection" of the Diamond Bar Municipal Code is hereby amended by adding thereto a new Division 5 to read as follows: DIVISION 5. Storm Water and Urban Runoff Pollution Control Sec. 8.12.1610. Title. This division shall be known as the "City of Diamond Bar Storm Water Management and Discharge Control Ordinance." Sec. 8.12.1620. Findings. (a) The federal Clean Water Act (33 U.S.C. § 1251, et sea.) 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 municipal 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 Diamond Bar is a co -permittee under the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles," issued by the California Regional Water Quality Control Board- Los Angeles Region," (Order No. 96-054), dated July 15, 1996, which also serves as a NPDES Permit under the Federal Clean Water Act (NPDES No. CAS614001), as well as Waste Discharge Requirements under California law [the "Municipal NPDES Permit"], and, as a co -permittee under the Municipal NPDES Permit, the City is required to adopt ordinances and implement procedures with respect to the entry of Non -Storm Water Discharges into the Municipal Separate Storm Sewer System. (d) Part 1, Section I of the Municipal NPDES Permit requires the City effectively to prohibit non -storm water discharges from within its boundaries, into that portion of the Municipal Separate Storm Sewer System (MS4) which it owns or operates and into watercourses, except where such discharges are: (1) In compliance with a separate individual or general NPDES permit; or (2) Identified and in compliance with Part 2.II.0 (Non -Storm Water Discharges) of the Municipal NPDES Permit; or (3) Discharges originating from federal, state or other facilities which the City is preempted from regulating, and further provides that compliance with the terms of the Municipal NPDES Permit through the development and implementation of the programs described in the Municipal NPDES Permit will constitute compliance with the Discharge Prohibition therein. (e) Part 2, Section I.E of the Municipal NPDES Permit requires the City to demonstrate by November 28, 1996 that it possesses the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction, so as to comply with the Municipal NPDES Permit and specifically to prohibit certain discharges identified in the Municipal NPDES Permit. (f) The Municipal NPDES Permit contemplates the development of a Countywide Storm Water Management Plan (CSWMP) and then a Watershed Management Area Plan ("WMAP"), in which the City will participate, which will in turn require the development and the implementation of programs for, among other things, the elimination of illicit connections and illicit discharges, development planning, development construction, and public information and education requirements, and which may require the later adoption of additional legal authority to implement such programs as they are developed by the Permittees and approved by the Regional Board. (g) 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. Sec. 8.12.1630. Purpose and Intent. (a) The purpose of this Division 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 discharges 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 MS4; and 1311920.DB 961021 - 2 - (3) Regulating Non -Storm Water Discharges to the MS4. (b) The intent of this Division 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 Division is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction as required by the Municipal NPDES Permit, and thereby fully and timely comply with the terms of the Municipal NPDES Permit while the CSWMP and the WMAP are being developed by the Permittees under the Municipal NPDES Permit, and in contemplation of the subsequent amendment of this Division or adoption by the City of additional provisions of this Division to implement the subsequently adopted CSWMP and WMAP, or other programs developed under the Municipal NPDES Permit. Sec. 8.12.1640. Definitions. Except as specifically provided herein, any term used in this Division shall have the same meaning as that term is defined in the 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 words and phrases shall have the following meanings when used in this Division: "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. "Bestan ment Practiges ABm2's " means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges. Examples of BMP's may include public education and outreach, proper planning of development projects, proper clean out of catch basin inlets, and proper sludge or waste handling and disposal, among others. ,,City" means the City of Diamond Bar. "Good Hous " means common practices related to the storage, use, or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples 1311920.DB 961021 3 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. "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. This includes all Non -Storm Water Discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with Section II of the Municipal NPDES Permit. "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 Storm Water and Urban Runoff Discharges Within the County of Los Angeles" (Order No. 96-054), dated July 15, 1996, 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 "M 11 means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities that are owned, operated, maintained or controlled by the City and used for the purpose of collecting, storing, transporting, or disposing of storm water. "Non -Storm Water Discharge" means any discharge to a municipal storm drain 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 §§ 13370 (other than the Municipal NPDES Permit). "Pollutant" means those "pollutants" defined in Section 502(6) of the federal Clean -Water Act (33 U.S.C. § 1362(6)), or incorporated into California Water Code § 13373. Examples of pollutants include, but are not limited to the following: 1311920.DB 961021 - 4 - -Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge); -Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; -Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); -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; -Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); -Substances having characteristics such as pH less than 6 or greater than 9, 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. "Regional Board" means the California Regional Water Quality Control Board -Los Angeles Region. "Storm Water Runof " 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. "Urban runoff" means surface water flow produced by non - storm water resulting from residential, commercial, and industrial activities involving the use of potable and non - potable water. sec. 8.12.1650. Construction and Application. 1311920.DB 961021 5 This Division 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. Sec. 8.12.1660. Prohibited Activities. It is prohibited to commence, establish, use, maintain, or continue any Illicit Connections to the MS4 or any Illicit Discharges to the MS4. This prohibition against Illicit Connections applies to the use, maintenance, or continuation of any Illicit Connection, whether that connection was established prior to or after the effective date of this Division. 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, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any or private plot of land in the City, so that the same might be or --4 become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, 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. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4. (d) Non -Storm Water Discharaes. The following Non -Storm Water Discharges into the MS4 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 untreated wash waters to the MS4 when gas stations, auto repair garages, or other type of automotive service facilities are cleaned; 1311920.DB 961021 - 6 - (2) The discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; (3) To the maximum extent practicable, discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; (4) Discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; (5) Discharges of commercial/ municipal swimming pool filter backwash to the MS4; (6) Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4; provided, however, that non -industrial and non-commercial activities which incidentally generate urban runoff, such as the hosing of sidewalks, and the non-commercial hand -washing of cars, shall be excluded from this prohibition; - (7) To the maximum extent practicable, discharges to the MS4 from washing impervious surfaces in industrial/commercial areas which results in a discharge of untreated runoff to the MS4, unless specifically required by State's,°TrmittedyunderraLos separateeNPDESCounty's permithealth and safety codes, or pe (g) Discharges from the washing out of concrete trucks into the MS4; (9) Discharges to the MS4 of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; or (10) The disposal of hazardous wastes into trash containers used municipal trash directloroindirectwhere dischargeptoal causes or threatens tocausea the MS4. (e) D�scharaes in Violation of rhe Mu niniyal NPDES Permit. Any discharge that would result in or contribute to a or in violation of the Municipal NPDES Permit, either separately 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) 7 - 1311920.DB 961021 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. Sec. 8.12.1670. 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 Division, provided that any applicable BMP's developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources. Sec. 8.12.1680. Good Housekeeping Provisions. Owners and occupants of property within the City shall comply with the following requirements: (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 City streets or 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. (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 Industrial/Commercial Motor Vehicle Parking Lots Industrial/commercial motor vehicle parking lots with more than twenty-five (25) 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. 1311920.DB 961021 - 8 - (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. Sec. 8.12.1690. Requirements for Industrial/Comm►ercial and Construction Activities. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, ast te may be issued by the U.S. Environmental Protection Agency, theWater 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. Sec. 8.12.1700. Enforcement. (a) Violations Deemed a Public NulsaAg-e• (1) Any condition caused or permitted to exist in violation of any of the provisions of this Division is hereby 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 epcost thereof shall be invoiced to the owner of the property, as ed by law or ordinance for the recovery of nuisance abatement costs. (3) If any violation of this Division 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 9 - 1311920.DB 961021 of a determination under this paragraph shall constitute a public nuisance and a violation of this Division. -- (b) Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Division shall constitute a violation of such provision. (c) Civil Actions. In addition to any other remedies provided in this section, any violation of this Division 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 Division, 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 Division, 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. 1311920.DB 961021 - 10 - (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 sidewalk 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, he or she 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 he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. (e) Penalties. Violation of this Division shall be punishable as a misdemeanor, punishable as provided in Section 1.04.010. Each day that a violation continues shall constitute a separate offense. (f) permit Revocation. To the extent the City makes a provision of this Division 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 under this Division 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. Sac. 8.12.1710. No Taking. The provisions of this Division 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. Section 2. Severability. If any_section, subsection, sentence, clause, portion, or phrase of thin 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 sect"icmwi 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, 1311920.DB 961021 - 11 - 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. PASSED, APPROVED AND ADOPTED this 19th day of November , 1996. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the s+hday of NnuAmhar, 1996, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar held on the lq hday of November, 1996, by the following vote: AYES: COUNCIL MEMBERS: Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: AL4x& - City CTerk of the Cit o- Diamond Bar - 12 -