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.
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(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
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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.
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"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
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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
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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."
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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