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HomeMy WebLinkAbout491NO. 491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING A NEW CHAPTER 8.28 TO TITLE 8 OF THE IRWINDALE MUNICIPAL CODE PERTAINING TO STORMWATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS. A. Recitals. (i) The United States Congress has determined that pollutants contained in stormwater and urban runoff are responsible for the environmental degradation of oceans, lakes, rivers, and other waters of the United States. (ii) In 1987 the United States Congress amended the Clean Water Act of 1972 to reduce pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System ("NPDES" hereinafter) requirements to regulate stormwater and urban runoff discharge into the municipal storm drain systems of the United States. (iii) The State of California has been granted authority by the United States Environmental Protection Agency to administer the State of California NPDES stormwater program through the State Water Resources Control Board. (iv) On June 18, 1990, the California Regional Water Quality Control Board, Los Angeles Region, adopted Waste Discharge Requirements for the Stormwater/Urban water discharge for Los Angeles County and co -Permittees, under NPDES Permit No. CA0061654. 1 (v) Los Angeles County is the designated Principal Permittee and the City of Irwindale is a co -Permittee, under NPDES Permit No. CA0061654. (vi) The original Permit requires the City of Irwindale to establish requisite legal authority to regulate and prohibit illegal discharges and illicit disposal practices involving drainage facilities and to prosecute persons who illegally discharge or illicitly dispose of polluting materials into the City storm drain system. (vii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. e""l NOW, THEREFORE, the City Council of the City of Rd Irwindale does ordain as follows: Section 1. A new Chapter 8.28 hereby is added to Title 8 of the Irwindale Municipal Code to read, in words and figures, as follows: I'Chapter 8.28 "Stormwater and Urban Runoff Pollution Prevention Systems. "Section 8.28.010 Purpose and intent. 8.28.020 Definitions. 8.28.030 Illicit discharges and connections. 8.28.040 Illicit disposal. 8.28.050 Construction sites requiring a building permit and/or a grading plan. 8.28.060 Industrial activity sites. 8.28.070 Fees. `A 5d "Rection 8.28.010. Purpose and Intent. "It is the purpose of this Chapter 8.28 to protect the health, safety and general welfare of the citizens of the City of Irwindale by: "A. Regulating non-stormwater discharge to the municipal stormwater system. "B. Providing for the control of spillage, dumping or disposal of materials into the municipal stormwater system. "C. Reducing pollutants in stormwater and urban runoff to the maximum extent practicable. "Section 8.28.020. Definitions. "A. `City' shall mean the City of Irwindale. "B. `Illicit connection' shall mean any device which is connected to the storm drain system which conveys an illicit discharge. "C. `Illicit discharge' shall mean any discharge into the storm drain system that does not meet the requirements of this Chapter. "D. `Non-stormwater runoff' shall mean the flow of any fluid that is not entirely composed of stormwater. "E. `NPDES' shall mean the National Pollutant Discharge Ilimination System. 'F. `Person' shall mean any person, firm, partnership or corporation. "G. `Storm drain system' shall mean those facilities which convey runoff fluids and suspended solids to the waters of the United States, including streets, alleys, roads, ditches, channels, curbs, gutters, catch basins, pipes, streams, creeks and rivers of the City. "H. `Stormwater runoff' shall mean the flow of rain water or melted snow. "Section 8.28.030. Illicit discharges and connections. "A. No person shall cause or permit, or allow to be caused or permitted, any discharge, from such person's property, of non-stormwater runoff to enter the storm drain 3 r` system, unless such discharge is authorized by an NPDES permit or fully complies with a city -approved Stormwater Pollution Prevention Plan. "B. No person shall construct or use an illicit connection that operates intentionally or unintentionally. I'Section 8.28.040. Illicit disposal. "No person shall spill, dump, dispose or place any material, other than stormwater runoff into any storm drain system. 118ection 8.28.050. Construction sites requiring g building permit and/or a grading Alan. "Any person engaging in construction activity that requires an NPDES construction permit shall demonstrate possession of such permit prior to the initiation of grading and/or building activities or prior to the issuance of any construction permits therefor. The NPDES permit shall be retained on the construction site and shall be available for review by City officers or inspectors or those persons authorized to inspect on behalf of the City, at the request of any such person. "Section 8.28.050. Industrial activity sites. "All persons engaged in industrial activity in the City shall acquire an NPDES industrial permit prior to discharging any non-stormwater runoff into the storm drain system. The NPDES permit shall be retained on site and shall be available for review by City officers or inspectors or those persons authorized to inspect on behalf of the City, at the request of any such person. $'Sect on 8.28.070. Fees. "The City Council shall establish fees for plan checking, monitoring and any other activities carried out by the City pursuant to this Chapter by resolution." Section 2. Penalties. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance or the Chapter hereby 4 N adopted. Any person, firm, partnership or corporation violating any provisions of this Ordinance or the Chapter adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Chapter hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance or the Chapter hereby adopted. Section 3. civil remedies available. The violation of any of the provisions of this Ordinance or the Chapter hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances." 5 Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED this 13th day of October , 1994. Mayor I, DAVID CARETTO, City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Irwindale held on the 22nd day of September , 1994, and was finally passed at a regular meeting of the City Council of the City of Irwindale held on the 13th day of October , 1994, by the following vote. AYES: COUNCIL MEMBERS: Chavez, R., Miranda, P., Breceda, J., and Miranda, J. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tapia, J. ABSTAINED: COUNCIL MEMBERS: None ATTEST: - 9 City Clerk of the City of Irwindale C110211ORDADD8.28%I 1.3 6