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HomeMy Public PortalAboutOrd. 1415CITY OF LYNWOOD Los Angeles County, California Ordinance No 1415 AN ORDINANCE OF THE CITY OF LYNWOOD ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS AND AMENDING CHAPTER 14 OF THE LYNWOOD MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN. AS FOLLOWS SECTION 1. Chapter 14 of the Lynwood Municipal Code is amended by adding a new Section 1442 to read as follows Part 1 - TITLE, PURPOSE AND GENERAL PROVISIONS 14 -12 1 TITLE This section is known and may be cited as the "City of Lynwood Stormwater Management and Discharge Control Ordinance" 14 -11.2 PURPOSE AND INTENT a The purpose of this section is to protect the health, safety, and welfare of the citizens of Lynwood by Eliminating non - stormwater discharges to the municipal stormwater drainage system 2 Controlling the spilling, dumping, disposal or discharge of materials or fluids other than stormwater into the municipal stormwater drainage system 3 Reducing pollutants in stormwater discharges to the maximum extent practicable b The intent of this section is to protect and enhance the water quality of the City's watercourses, in a manner consistent with the Clean Water Act. 14 -12 3 DEFINITIONS a As used in this section, the following terms have the following meanings AUTHORIZED ENFORCEMENT OFFICER The Director of Public Works and those individuals designated by the Director of Public Works as enforcement officers 2 BEST MANAGEMENT PRACTICES (BMP's) Schedules of activities, prohibited practices, good housekeeping practices, pollution prevention practices, maintenance procedures, and other management policies designed to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States BMPs also include treatment requirements, operating procedures, design specifications, and practices and procedures to control plant site runoff, spillage or leaks, sludge or waste disposal and drainage from raw material storage 3 CITY The City of Lynwood 4 CITY STORMWATER DRAINAGE SYSTEM This includes, but is not limited to, those facilities within the City by which stormwater may be conveyed to the waters of the United States, including flood control channels, any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels or storm drains 5 COUNTY The County of Los Angeles 6 DISCHARGE (i) The addition of any pollutant to navigable waters from any point source, or (ii) the addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. 7 FACILITY Any nonresidential premises 8. ILLICIT DISCHARGE Any discharge to the City stormwater drainage system that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit, discharges resulting from fire - fighting activities, and discharges exempted by the provisions of this section 9 NON - STORMWATER DISCHARGE Any discharge that is not entirely composed of stormwater 10 NPDES National Pollutant Discharge Elimination System 11 POLLUTANT Dredged soil, solid waste, incinerator residue, sewage, garbage sewage sludge, munitions, chemical wastes, biological materials, radio active materials , wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharge into water 12 PREMISES Any lot, parcel or land, whether improved or unimproved including adjacent sidewalks and parking strips 13 STORMWATER RUNOFF The flow of rainwater or melted snow b If any of the terms or phrases refrenced above in paragraph a. are defined in a new or different manner in the Clean Water Act or in the regulations of the Environmental Protection Agency relating to the stormwater discharges permitting program, then those definitions will be deemed to govern 14 -12 4 RESPONSIBILITY FOR ADMINISTRATION This Section shall be administered by the City's Director of Public Works 14 -12 5 CONSTRUCTION AND APPLICATION This section be construed and. applied so as to assure compliance with the requirements of the federal Clean Water Act, and acts amendatory thereof or supplemental thereto, applicable implementing regulations, and NPDES Permit No CA006154- CI6948 including any amendment, revision or reissuance of that NPDES Permit. 14 -12 6 SEVERABILITY If any portion of this section is determined to be invalid by a court of competent jurisdictions, that determination will not affect the validity of the remaining portions of this section PART 2 DISCHARGE REGULATIONS AND REQUIREMENTS 14 -12 7 DISCHARGE OF POLLUTANTS Non - stormwater discharges to the City's stormwater drainage system are prohibited All discharges of materials or fluids, other than stormwater discharges, must be -in compliance with an NPDES permit issued for that discharge (other than NPDES Permit No CA0061654 -CI 6948) a. EXEMPTIONS TO DISCHARGE PROHIBITION The following categories of discharges are exempt from the prohibition set forth above in this subsection 1 Any discharge that is regulated under a NPDES permit issued to the person causing the discharge and administered by the State of California under the authority of the United States Environmental Protection Agency, provided that the person causing the discharge is in full compliance with all requirements of the NPDES permit and other applicable laws or regulations 2 Discharges attributable to the following activities will not be considered a source of pollutants to waters of the United States when properly managed water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water; diverted stream flows, rising groundwater; infiltration to separate storm drains, uncontaminated pumped groundwater; foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and water flows from fire fighting 14 -12 8 DISCHARGE IN VIOLATION OF PERMIT Any discharge is prohibited that would result in or contribute to a violation of NPDES Permit No CA0061654- C16948, and any amendment. revision or reissuance of that permit Liability for any such discharge is the responsibility of the person or persons causing or otherwise responsible for the discharge, and the responsible person or persons must defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to that discharge NPDES Permit No CA0061654- CI6948 is available for inspection at the City's Public Works Department, 11330 Bullis Road, Lynwood, California 14 -12 9 ILLICIT DISCHARGE AND ILLICIT CONNECTIONS It is unlawful to install, use, or maintain, any illicit drainage connection to the City's stormwater drainage system, and to commence or continue any illicit discharges to the City's stormwater drainage system This prohibition is expressly retroactive and applies to all connections made in the past, regardless of whether made under a permit or other authorization, or whether authorized under the law or practices prevailing at the time of the connection 14 -12 10 REDUCTION OF POLLUTANTS IN STORMWATER Any person engaged in activities which may result in pollutants entering the City's stormwater drainage system must undertake all practical measures to reduce those pollutants These activities include the ownership and operation of facilities which may be a potential source of pollutants, such as parking lots, gasoline stations, industrial facilities, and stores fronting streets The following minimum mitigation measures are applicable a. LITTERING No person may throw, deposit, leave or maintain, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, litter or other discarded or abandoned objects or articles, in or upon any street, alley, sidewalk, fountain, pond, lake, stream, storm drain, inlet, catch basin, conduit or other drainage structures, or any place of business, or upon any private or public property in the City including_ parks, so that the same might be or become a pollutant. All such materials must be deposited in authorized solid waste disposal containers b SIDEWALK MAINTENANCE. The owner, lessee, tenant or occupant of any real property in the City in front of which there is a paved sidewalk must maintain that sidewalk free of dirt or litter to the maximum extent practicable Sweepings from the sidewalk may not be swept or otherwise caused or allowed to go into the gutter or roadway, but must be disposed of in containers maintained on that real property as required for the disposal of.solid waste c MAINTENANCE OF PARKING LOTS AND SIMILAR STRUCTURES Persons owning or operating a paved parking lot, a gas station , a paved private street or road, or any similar facility or structure, must clean that structure or- facility as frequently and thoroughly as practicable and in a manner that does not result in the discharge of pollutants to the City's stormwater drainage system d BEST MANAGEMENT PRACTICES FOR DEVELOPMENTS The Director of Public Works may adopt regulations establishing controls on the volume and rate of stormwater runoff from developments in the City in order to minimize the discharge and transport of pollutants The Director of Public Works may require any construction contractor performing work in the City to submit a Water Pollution Prevention Plan prior to Final Map approval or the issuance of a Building Permit, whichever first occurs e NOTIFICATION OF INTENT AND COMPLIANCE WITH OTHER GOVERNMENTAL PERMITS Every industrial discharger, every discharger involved in construction activity, and any other discharger, described in any general stormwater permit addressing discharges, as may be adopted or implemented by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, must provide notice of intent, and comply with all requirements imposed by any general stormwater permit applicable to discharges Each discharger identified in an individual NPDES permit relating to stormwater discharges must comply with all requirements imposed by that permit. f COMPLIANCE WITH BEST MANAGEMENT PRACTICES Where guidelines or requirements relating to Best Management Practices have been adopted by any federal, state, regional, or City agency for any activity, operation, or facility which may cause .or contribute to stormwater pollution or contamination, illicit discharges, or discharges of non- stormwater to the City's stormwater drainage system, every person undertaking such actvity or operation, or owning or operating such facility, must comply with all guidelines or requirements that are determined by the Director of Public Works to be applicable Part 3 - INSPECTION AND ENFORCEMENT 14 -12 11 AUTHORITY TO INSPECT a. Whenever it is necessary to make an inspection to enforce any of the provisions of this section, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of this section, the enforcement officer may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the enforcement officer by this. section, provided that (i) if the building or premises are occupied, the enforcement officer must first present proper credentials and request entry; and (ii) if the building or premises are unoccupied, the enforcement officer must first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry b Any request for entry must state that the property owner or occupant has the right to refuse entry, and that if entry is refused, inspection may be made only upon issuance of an inspection warrant by a duly authorized judicial officer If the owner or occupant refuses entry after a request has been made, the enforcement officer is empowered to seek authorization from any court of competent jurisdiction to obtain entry c Routine or area inspections may be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this section, including but not limited to random, sampling or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non- stormwater to the City's stormwater drainage system, or similar factors 14 -12 12 AUTHORITY TO SAMPLE AND TO ESTABLISH SAMPLING DEVICES With the consent of the owner or occupant, or pursuant to an inspection warrant, any authorized enforcement officer may install on any property such devices as are necessary to conduct sampling or metering operations During all inspections as provided herein, the enforcement officer may take any samples deemed necessary to conduct the inquiry or to record the activities on -site 14 -12 13 NOTIFICATION OF SPILLS a. All persons in charge of a facility or responsible for emergency response to a facility are responsible for the training of facility personnel and the adoption of notification procedures to ensure that immediate notification is provided to the City of any suspected or confirmed release of material, pollutants or waste creating a risk of discharge into the City's stormwater drainage system b When any person in charge of a facility or responsible for emergency response to a facility has knowledge of any suspected or confirmed release of materials, pollutants or waste which may result in pollutants or non- stormwater discharge entering the City's stormwater drainage system, that person must take all necessary steps to ensure the containment and cleanup of that release and must notify the City of the occurrence Notification must be given by telephoning (310) 603 -0220, extension 287 and written confirmation must be mailed to the Director of Public Works, 11330 Bullis Road , Lynwood, CA 90262 14 -12 14 REQUIREMENT TO TEST OR MONITOR a Any authorized enforcement officer may request any person engaged in any activity or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, or discharge of non - stormwater to the City's stormwater drainage system, to undertake such monitoring activities or analyses and furnish such reports as the enforcement officer may specify The burden, including costs, of these monitoring activities, analyses and reports must bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained Subject to the appeal provisions of paragraph b, the recipient of the enforcement officer's request must undertake and provide the monitoring, analyses and reports that are specified b Any person required by an authorized enforcement officer to perform monitoring activities, undertake corrective action, or to prepare and submit analyses or other reports may appeal that decision to the Director of Public Works within ten (10) days following the effective date of the decision The appeal must be in writing and directed to the Director of Public Works Upon receipt of the appeal, the Director of Public Works must request a report and recommendation from the authorized enforcement officer and must set the appeal for hearing at the earliest practical date At the hearing, the Director of Public Works may receive additional evidence, and may reject, affirm or modify the decision of the authorized enforcement officer The decision of the Director of Public Works is final and conclusive 14 -12 15 VIOLATIONS The violation of any provision of this section, or any failure to comply with any of the mandatory requirements of this section, constitutes a misdemeanor; provided, however, that any such violation may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction 1* -12 16 PENALTY FOR VIOLATION Upon conviction of a misdemeanor or an infraction, the penalties set forth in Section 1- 5 of this Code are applicable 14 -12 17 CONTINUING VIOLATION A person is guilty of a separate offense for each and every day during any portion of which a violation of this section is committed, continued or permitted by that person and may be punished accordingly 14 -12 18 ACTS POTENTIALLY RESULTING IN VIOLATION OF FEDERAL CLEAN WATER ACT OR PORTER- COLOGNE ACT Any person who violates any provision of this section or any provision of any permit issued pursuant to this section, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the federal Clean Water Act or the Porter - Cologne Act, or both, and may be subject to the sanctions of those Acts, including civil and criminal penalties Any enforcement action authorized under this Part should also include notice to the violator of that potential liability 14 -11 19 VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the penalties described above, any condition that is caused or permitted to exist in violation of any of the provisions of this section is declared to be a threat to the public health, safety and welfare, and is deemed to be a public nuisance, which may be abated as provided in this Code 14 -12.20 CIVIL ACTIONS a In addition to the other remedies specified above, a violation of this section may be enforced by civil action brought by the City In any such action, the City may seek, and the Court may grant as appropriate, any or all of the following remedies 1 A temporary 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 initiating legal action under this subsection 3 Costs incurred in correcting or terminating the adverse effects resulting from the violation 4 Compensatory damages for loss or destruction to water quality, wildlife or fish and aquatic life b Assessments imposed under this subsection will be paid to the City to be used exclusively for the payment of costs associated with establishing and monitoring stormwater discharge pollution control systems and implementing or enforcing the provisions of this section 14 -12 21 ADMINISTRATIVE ENFORCEMENT POWERS In addition to the other enforcement powers and remedies established by this section, any authorized enforcement officer-has the authority to utilize the following- administrative remedies a 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 section, 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 (1) comply with the requirement, '(2) comply with a time schedule for compliance, and /or (3) take appropriate remedial or preventive action to prevent the violation from recurring b NOTICE TO CLEAN Whenever an authorized enforcement officer finds any oil, earth dirt, grass, weeds dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abuting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase of pollutants entering the City stormwater . drainage system or a non stormwater discharge to the City's stormwater drainage system, that officer may give notice to remove such oil, earth, dirt, 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 must undertake the activities as described in the notice 14 -12.22 AUTHORITY TO ISSUE CITATIONS Authorized enforcement officers are vested with the authority to cite any person who violates any provisions of this section as provided for in this Code 14 -12.23 FEES Fees to be charged by the City for activities conducted by the City under the provisions of this section, such as plan checking, monitoring, inspections, etc., will be in the amounts established by resolution of the City Council Part 4 - COORDINATION WITH OTHER PROGRAMS 14- 12.24 COORDINATION WITH HAZARDOUS MATERIALS RELEASE RESPONSE AND INVENTORY PROGRAM After the effective date of the ordinance adopted in this section, the business plan of any facility that is subject to the City's hazardous materials release response and inventory program must be revised within one year The business plan must be revised to set forth a program for compliance with this section, including the provisions prohibiting non - stormwater discharges and illicit discharges, and the requirement that stormwater pollutants be reduced to the maximum extent practicable All owners or operators of businesses or facilities that are notified by the Lynwood Fire Department are required to comply with this subsection to the level and extent established bythe Lynwood Fire Department. SECTION 2. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause it to be published or posted as required by law PASSED, APPROVED AND ADOPTED This 18th day of J y ,1995 AYES COUNCILMEMBER HEINE, HENNING, REA, RICHARDS, BYRD NOES NONE ABSENT NONE ABSTAIN NONE ATTEST ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM \V:Ay.. g PA',L - WILLIAM B RUDELL, CITY ATTORNEY NPDESI A E i � 4 • A FAU TIN GbN2ALES CITY MANAGER 7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1415 on file in my office and that said ordinance was adopted on the 18th day of July , 199;5, and passed by the following vote: AYES: COUNCILMEMBER HEINE, HENNING REA, RTCHaRDS, BYRD NOES: NONE ABSENT: NONE City Clerk, City of Lynwo d