HomeMy Public PortalAboutOrd. 1443
4CI•TY OF LYNWOOD
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO. 1443
FOLLOWS'.
AN ORDINANCE OF THE CITY OF LYNWOOD
J REGULATING STORM WATER AND URBAN RUNOFF
POLLUTION AND AMENDING SECTION 14-12 OF
CHAPTER 14 OF THE LYNWOOD MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS
.. __ .Section 1. .Section 14-12 of Chapter 14 of the Lynwood _
Municipal Code is amended in its entirety to read as follows:
"SECTION 14-12
Storm Water and Urban Runoff Pollution Control
14-12.1. Title.
This section is`known and may be cited as the "City of
.Lynwood Storm Water Management and Discharge Control Ordinance."
14-12.2. Findi~ncts.
a. The Federal Clean Water Act (33 U.S.C. §§ 1251, et
seq.,) provides .for the regulation and reduction of pollutants
discharged into the waters of,the United States by extending
requirements of the National Pollutant Discharge Elimination _`_
System ("NPDES") to the discharge of storm water and urban runoff
into municipal storm drain systems.
b. Storm water and urban runoff flaws from individual
properties onto streets, and then into storm drains passing
through the City. ~~
c. The City of Lynwood 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. This also
serves as a NPDES Permit under the Federal Clean Water Act (NPDES
No. CAS614001), as well a's Waste Discharge Requirements under
California law [the "Municipal NPDES Permit"]. 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 to effectively prohibit Non-Storm Water
.Discharges from within its boundaries into that portion of the
Municipal Separate Storm Sewer System (MS4) that it owns or
operates and into watercourses, except-where those-discharges
are: (1) in compliance with a separate individual .or general
NPDES permit; or (2) identified and in compliance with Part
2.II,C (Non-Storm Water Discharges) of the Municipal NPDES
Permit; or (3) originating from federal, state, or other _
facilities that the .City is pre=empted from regulating. Part 1,
Section I further provides that compliance with the terms of that
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
has the necessary legal authority to control discharges .to and
from those port;_ens of the MS4 over which it.has jurisdiction; so
as to comply with the Municipal NPDES Permit by prohibiting
certain discharges identified in that permit.
961028 1 Q512-00001 Isj 0592768 0
{
f. The Municipal NPDES Permit contemplates the
development of a Countywide Storm Water Management Plan (CSWMP)
and a Watershed Management Area Plan ("WMAP"), in which the City
will participate. Such participation will require the
development and implementation of programs for, among other
things, the elimination of illicit connections and illicit
discharges, development planning, development construction, and
public information and education programs, and may require the
later adoption of additional legal authority to implement these
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 q~uantity.and_quality of storm water and urban runoff to the
maximum extent practicable, the adoption of reasonable
regulations, as set forth: herein, is essential. ~-
14-12.3. Purpose and Intent.
a. The purpose of this Section is to ensure the
future health, safety, and general welfare of the residents of
the City and to protect the 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, thereby reducing the level of contamination of storm
water and urban runoff into the Municipal Separate Storm Sewer
System.
3. Regulating Non-Storm Water Discharges to~the
Municipal Separate Storm Sewer System.
b. The intent. of this Section 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 Section is also intended to provide the legal
authority necessary for the City 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 thereby 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 thereafter to
implement the CSWMP and WMAP, or other programs, developed under
the Municipal NPDES Permit.
14-12.4. Defined Terms and Phrases.
Various terms and phrases used in this Section are
defined in subsection 14-12.12 below.
14-12.5. Construction and Application
This Section will be construed to assure consistency
with the requirements of 'the Federal Clean Water Act and acts
amendatory thereof or supplementary thereto, the applicable
implementing regulations, and the Municipal NPDES Permit,
including any amendment, revision or rei•ssuance of that permit.
14-12.6. Prohibited Activities.
a. Illicit Discharges and Connections.
It is prohibited to commence, establish, use, .maintain,
or continue any Illicit Connections. to the Municipal Separate
Storm Sewer System or any Illicit Discharges to the Municipal
Separate Storm Sewer System. This prohibition against Illicit
961028 10512-000OI Isj 0592768 0 - 2 -
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 ordinance.
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, in or
upon any street, alley, sidewalk, storm drain, inlet, catch
basin, conduit or drainage structure, business place, or upon any
private plot of land. in the City, so that the same might be or
_become.a_,pollutant. No person may. throw"or deposit litter in any
fountain, pond, lake., stream, or other body of water within the
City. This paragraph does not apply to refuse, rubbish or
garbage deposited in containers, bags, or other appropriate
receptacles that 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 Municipal Separate Storm
Sewer System.
d. Non-Storm Water Discharges.
The following Non-Storm Water Discharges into the
Municipal Separate Storm Sewer System ("MS4") are prohibited
unless in compliance with~a separate NPDES permit or pursuant to
a discharge exemption issued 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 types of
automotive service facilities are cleaned.
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 is
undertaken, including motor vehicles, that are visibly leaking
oil, fluid or antifreeze.
4. Discharges of untreated runoff to the MS4
from storage areas for materials containing grease, oil, or other
hazardous substances, and from uncovered receptacles containing
hazardous materials.
5. Discharges to the MS4 of commercial and
municipal swimming pool filter backwash.
6. Discharges to the MS4 of untreated runoff
from the washing of toxic materials from paved or unpaved areas;
provided, however, that non-industrial and non-commercial
activities that incidentally generate urban runoff, such as the
hosing of sidewalks and the non-commercial hand-washing of cars,
are excluded from this prohibition.
7. To the maximum extent practicable, discharges
to the MS4 from washing impervious surfaces in industrial and
commercial areas that result in a discharge of untreated runoff
to the MS4, unless specifically required by health and safety
codes of the State, the City, or Los Angeles County, or permitted
under a separate NPDES permit.
961028 10512-00001 Isj 0592768 0 - 3 -
8. Discharges to the MS4 from the washing out of
concrete trucks.
9. Discharges to the MS4 of any pesticide,
fungicide, or herbicide that is banned by the USEPA or the
California Department of Pesticide Regulation.
10. The. disposal of hazardous wastes into trash
containers used for municipal solid waste collection where such
disposal causes or threatens to cause a direct or indirect
discharge to the MS4.
r 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 is the responsibility of the person causing or
responsible for the discharge, and such person must defend,
indemnify, and hold harmless the City from all losses,
liabilities, claims, or causes of actions in any administrative
or judicial action relating to that discharge.
14-12.7. `Exempted Discharges, Conditionally Exempted
Discharges) or Desianated~ Discharces.
Discharges from those activities. specifically.
identified in, or pursuan"t to, Part 2, Section II.C of the
Municipal NPDES 'Permit that are Exempted Discharges,
Conditionally Exempted.Discharges, or Designated Discharges are
not in violation of this Section, provided that any applicable
BMPs'developed pursuant to the Municipal NPDES Permit are
implemented to minimize adverse impacts from these identified
sources.
14-12.8. Good Housekeeping Provisions.
Owners and occupants of property within the City must
comply with the following requi.remen,ts:,
a. Septic Waste.
No person may leave, deposit, discharge, dump, or
otherwise `expose to precipitation any chemical or septic waste in
an area where a discharge to City streets or to the MS4 may or
does occur.
b. Use of Water.
Runoff of water used for irrigation purposes must be
minimized to the maximum extent practicable. Runoff of water
from the permitted washing down of paved areas must 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,
must 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 and
Commercial Motor Vehicle Parking Lots.
Industrial and commercial motor vehicle parking lots
having more than twenty-five (25) parking spaces that are located
in areas potentially exposed to storm water must be swept
regularly, or other equally effective measures must be used to
remove debris from those parking lots.
e
961028 10512-0000] lsj 059?76R 0 - 4 - a
e. Food Wastes.
Food wastes generated by non-residential food service
and food distribution sources must be properly disposed of in a
manner so that such wastes are ,not discharged to the Municipal
Separate Storm Sewer System.
f. Best Management Practices.
Best Management Practices must be used in areas that
are 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 that may have potentia l
...,....adverse impacts on water quality.-
14-12.9. Requirements for Industrial and Commercial
Discharges and Construction Activities.
Every industrial and commercial discharger, every
discharger associated with construction activity, and any
discharger described in any general storm water permit addressing
discharges that is issued~by the U.S. Environmental Protection
Agency, the State Water Resources Control Board, or the Regional
Board must comply with all requirements of that permit. Each
discharger identified in an individual NPDES Permit must comply
with .'and undertake all activities required by that permit. Proof
of compliance with any such permit may be required in a form
acceptable to the Direc"tor of Public Works prior to the issuance
of any grading, building, or occupancy permit, or any other type
of permit or license issued by the City.
14-12.10. Enforcement.
a. Violations Deemed a Public Nuisance..
1. .Any condition that is caused or permitted to
exist in violation of any of the provisions of this Section is
hereby determined to be a threat to; the public health, safety,
and welfare, is deemed to': be a public nuisance, and may be abated
by ariy authorized enforcement officer. In addition, a civil or
criminal action to abate,; enjoin, or otherwise compel the
cessation of that nuisanc,"e may be initiated by the City Attorney.
2. The cost of abatement will be borne by the
owner of the property. The cost of abatement will .be invoiced to
the owner of the property in the manner provided by .law or
ordinance for the recovery of nuisance abatement costs.
3. If any violation of this Section constitutes
a seasonal and .recurrent nuisance, the Director of Public Works
will give written notice of that nuisance. The failure of any
person to take appropriate action to prevent storm water
pollution after written notice of a determination under this
subsection constitutes a public nuisance and a violation of this
Section.
b. Concealment.
Causing, permitting, aiding, abetting, or concealing a
violation of any provision of this Section constitutes a
violation of that provision.
c. Civil Actions.
In addition to 'all other remedies provided in this
subsection, any violation bf this Section 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 or permanent injunction, or both.
961028 1-0512-000(11 Isj 0592768 0 - S -
c _
2. Assessment of ,the violator for the costs of
any investigation, inspection, or monitoring
survey that led to the determination of the
violation, and for the reasonable .costs of
preparing and bringing legal-action under
this paragraph.
' 3. Costs incurred in removing, correcting, or
terminating the adverse effects resulting
from :the violation.
4. Compensatory damages for the loss of or
destruction to water quality, wildlife, and
fish-and aquatic life.
d. Administrative Enforcement Powers.,
In addition to the other enforcement powers and
remedies established by this Section, an authorized enforcement
officer has the authority to use 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 Section, the officer
may issue an order to cease and desist such discharge, or any
practice or operation that is likely to cause such discharge, and
direct that the responsible persons: (a) comply with "the
requirement; (b} comply with a time schedule for compliance; and
(c) take appropriate 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, upon the sidewalk abutting or adjoining any
parcel of land, or upon any parcel of land or grounds, that may
result in pollutants entering the Municipal Separate Storm Sewer
System or~a non-storm water discharge to the Municipal Separate
Storm Sewer System, the enforcement 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. .The recipient of that notice
must undertake the removal activities described in the notice.
e. Penalties.
Violation of this Section constitutes a misdemeanor and
is punishable as provided in Section 1-5 of Chapter 1 of this
Code.
f. Permit Revocation.
If the City makes a provision of this Section or any
identified BMP a condition of approval for the issuance of a
permit or license, any person in violation of that condition is
subject.to the permit revocation procedures set forth in this
Code.
g. .Remedies.
Remedies under this Section are in addition to and do
not supersede or limit any and all other remedies, civil•or
criminal. The remedies provided for in this Section are
cumulative and not exclusive.
14-12.11. No Takina.
The provisions of this Section may not be construed or
operate to deprive any property owner of substantially all of the
market value of that owner's property or otherwise constitute an
unconstitutional taking without compensation.
961028 10512-00001 lsj 059~76R 0 - 6 -
1.4-12.12 Definitions.
a. Except as specifically provided below in paragraph
b.,-terms and phrases used in this Section have the same meanings
as defined in the Municipal NPDES Permit, or, if not specifically
defined in the Municipal NPDES Permit, then. as defined in the
Federal Clean Water Act, 'as amended, or the regulations
promulgated thereunder.
b. The following terms and phrases have the following
meanings when used in this Section:
1. "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.
2. "Authorized Enforcement Officer" means the Director of
Public Works and those individuals designated by the Director of
Public Works as enforcement officers.
- 3. "Best Management Practices (BMPs)" means activities,
practices,. facilities, and procedures that, when implemented to
their. maximum efficiency,. will prevent or reduce pollutants in
discharges. BMPs 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.
4. "City" means th,e City of Lynwood.
5. "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~ bed used at ~~a given- -time, use of . aite-rnative --and less
environmentally harmful products, cleaning up .spills and leaks, -
and storing materials in a manner that will. contain any leaks or
spills..
6. "Illicit Connection" means any man-made conveyance that
is. connected to the storm. drain system without a permit,
excluding roof-drains and other. similar connections. Examples
include channels, pipelines, conduits, inlets, or outlets that
are connected directly to'the storm drain system.
7. "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 Discharge's except discharges pursuant to a
separate NPDES permit ands discharges that are exempted or
conditionally exempted in'accordance with Section II of the.
Municipal NPDES Permit.
8. "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.
9. "Municipal NPDES
Requirements for Municipal
Discharges Within the Coun
dated July 15,1996, issued
Quality Control Board, Los
permit to that permit.
Permit" means the "Waste Discharge
Storm Water and Urban Runoff
ty of Los Angeles!' (Order No. 96-054),
by the California Regional Water
Angeles Region, and any successor
10. "Municipal Separate Storm Sewer System" or "MS4" 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:
961028 10512-00001 Isj 0592768 0 ~ - 7 -
11.. "Non-Storm Water~Dscharge",.means any discharge to a
Municipal Separate .Storm Sewer System that is not composed
entirely of storm water.
12. "NPDES permit" means any waste discharge requirements
issued by the Regional .Board or by the State Water Resources
Control Board as an NPDES Permit pursuant to Water~Code §§ 13370
(other than the Municipal NPDES Permit).
13. "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:
Commercial and industrial waste-(such as fuels,
solvents, detergents, plastic pellets, hazardous substances,
fertilizers, pesticides, ,slag, ash, and sludge).
-Metals such asp,cadmium, lead, zinc, copper, silver,
nickel, and 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 that 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" does not include uncontaminated storm
water, potable water or reclaimed water generated by a lawfully
permitted water treatment?facility. Nor does the term
"Pollutant" include any substance identified in this definition
if, through compliance with available Best Management Practices,
the discharge of such substance has been reduced or eliminated to
the maximum extent practicable. In an enforcement action,-the
burden is on the person who is the subject. of that action to
establish the reduction or elimination of the discharge to the
maximum extent practicable through compliance with the available
Best Management Practices. .
14. "Regional.Board" means the California Regional Water
Quality Control Board, Los Angeles. Region.
15. "Storm Water Runoff" means, that part. of precipitation
(rainfall or snowmelt) that 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.
16. "Urban .runoff" means surface water flow produced by
non-storm water resulting from residential, commercial, and
industrial activities involving tYie use of potable and non-
potable water.
Section 2. Severabilit
If any section,'sub'sectionx, 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 competent
jurisdiction, that decision will not affect the validity of the
remaining sections, subsections, sentences, clauses, portions, or
phrases of this ordinance. The City Council declares that it
961028 10512-00(101 Isi 0592768 U' - 8 -
would have adopted 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 subsequently be
declared invalid or unconstitutional.
Section 3. 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 19th day of
November 19 9 6 .
. Mayor
ATTEST:
r
i
City Clerk
APPROVED AS TO FORM:
City Attorney
S
a
i
P
t
961028 10512-00001 Isi 0592768 U - 9 -
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 ccrrec~ copy of Ordinance No. 1443 on file in my
office an d that said ordinance was adopted on the 19th day of
November 1996,y`, and passed by the following vote:
AYES: COUNCILMEMBER HEINE, REA, RICHARDS
NOES'. • NONE
ABSENT: COUNCILMEMBER BYRD, HENNING
3 O~~
. City Clerk, City of Lynwood
~-... ,
~.~~" ..
~- ~w~
r- ' ;,,/'
~
~
x, ,~.
'
~` ''
a
i