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HomeMy WebLinkAbout552F ORDINANCE NO. 552 a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE IRWINDALE MUNICIPAL CODE TO AMEND EXISTING CHAPTER 8.28 OF TITLE 8 REGARDING STORMWATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROL TO INCORPORATE PROVISIONS OF THE STATE BOARD APPROVED STANDARD URBAN STORMWATER MITIGATION PLAN ("SUSMP") WHEREAS, the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act, was amended in 1987 to establish new controls on industrial and municipal storm water Discharges, including requiring a National Pollutant Discharge Elimination System ("NPDES") permit for storm water Discharges from municipal separate storm sewer systems ("MS4s" ); WHEREAS, the State of California is authorized to administer various aspects of the NPDES program under the Clean Water Act within the State; WHEREAS, on July 15, 1996, the Los Angeles Regional Water Quality Control Board issued Order No. 96-054 (NPDES No. CAS 614001) concerning waste discharge requirements for municipal storm sewer and urban runoff discharges within the County of Los Angeles; WHEREAS, the City of Irwindale is a Permittee under Order No. 96-054; WHEREAS, on January 26, 2000, the LARWQCB adopted a Standard Urban Stormwater Plan which was finalized and ordered by the LARWQCB's Executive Officer, Mr. Dennis Dickerson, on March 8, 2000 (hereafter the "Regional Board SUSMP"); WHEREAS, the City of Irwindale, along with 32 other cities in the County, challenged the legality of the Regional Board SUSMP through a legal petition to the State Water Resources Control Board ("State Board") in accordance with California Water Code Section 13320 et seq. WHEREAS, on October 5, 2000, the State Board issued an order revising the Regional Board SUSMP and correcting a number of deficiencies in the Regional Board SUSMP, in accordance with the City's petition to the State Board (the "Revised SUSMP"); WHEREAS, in its October 5, 2000 Order, the State Board found that, where necessary, cities may amend their municipal codes to give effect to the Revised SUSMP, by no later than January 15, 2001, and that the cities are to implement the Revised SUSMP by no later than February 15, 2001. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: Ordinance No. 552 Page 1 Section 1. Section 8.28.020, entitled "Definitions," of Chapter 8.28 of the Irwindale Municipal Code, is hereby deleted and replaced with the following new Section 8.28.020: 8.28.020. Definitions. For purposes of this chapter, the following definitions shall apply: A. "40 CFR" means Title 40 of the Code of Federal Regulations. B. "Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification Codes: 5013, 5014, 5541, 7532-7538 or 7536-7539. C. 'Beneficial Uses" means existing or potential uses of receiving waters in the permit area as designated by the Regional Board. D. 'Best Management Practices" (BMPs) means any activities, prohibitions, practices, procedures, programs, or other measures designed to prevent or reduce the Discharge of Pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Stormwater Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity and those measures identified by the City Engineer and/or the Public Works Director. E. "CEQA" means the California Environmental Quality Act, California Public Resource Code Sections 21000 et seq., and the regulations thereunder. F. "City" means the City of Irwindale. G. "Clean Water Act' means the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act (Title 33 U.S.C. § 1251 et seq.), and amended in 1987 to establish new controls on industrial and municipal storm water Discharges, and any and all subsequent amendments thereto. H. "Countywide Storm Water Management Plan" or "CSWMP" means and refers to a single comprehensive plan for implementation of the requirements of the Municipal NPDES permit that are applicable to the County of Los Angeles and all cities within the Los Angeles County and all Watershed Management Areas. The CSWMP is a storm water management implementation plan for the entire drainage area within the jurisdiction of the County of Los Angeles and the cities within the County of Los Angeles under this NPDES permit. The CSWMP will be developed as a single document by the County of Los Angeles in conjunction with the cities within Los Angeles County, according to the schedule prescribed in the Municipal NPDES permit. I. 'Dechlorinated Swimming Pool Discharges" means swimming pool discharges which have no measurable chlorine and do not contain any detergents, wastes, or additional Ordinance No. 552 Page 2 chemicals not typically found in swimming pool water. The term dechlorinated swimming pool �+ discharges does not include swimming pool filter backwash. J. "Director" shall refer to the City of Irwindale's Director of Public Works or his or her designee. K. "Discharge" means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi solid or solid substance except discharges pursuant to a NPDES permit, exempted discharges or conditionally exempted discharges. L. "Hazardous Substance" means any substance so designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 CFR 261.2, and which is not excluded from regulation as a hazardous waste under 40 CFR 21.4(b), or a hazardous substance under section 101(14) of the Clean Water Act if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24. M. "Hillside Property" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is 25 percent or greater. N. "Illicit Connection" means any direct or indirect physical connection to the Municipal Storm Drain System which has not been permitted by the City of Irwindale, the County of Los Angeles, or the Los Angeles Regional Water Quality Control Board. O. "Illicit Discharge" means any Discharge to the Municipal Storm Drain System that is not composed entirely of Storm Water Runoff except Discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) permit or as otherwise authorized by the City of Irwindale, the County of Los Angeles or the Los Angeles Regional Water Quality Control Board. P. "Impervious Surface" means any surface that prevents or significantly reduces the entry of water into the underlying soil resulting in runoff from the surface in greater quantities and/or at an increased rate when compared to natural conditions prior to development including, but not limited to parking lots, driveways, roadways, storage areas, rooftops. The imperviousness of these areas commonly results from paving or compacted gravel. Q. "Maximum Extent Practicable" means the standard for implementation of storm water management programs to reduce pollutants in storm water. Deciding factors shall include, but are not limited to, gravity of the problem, public health risk, societal concern, environmental benefits, pollutant removal effectiveness, regulatory compliance, public acceptance, chance for successful implementation, cost and technical feasibility. R. "MS4" means "Municipal Separate Storm Sewer System." See Municipal Storm Drain System. S. "Municipal NPDES Permit" means an area -wide NPDES permit issued to a government agency or agencies for the Discharge of stormwater from an MS4 system. Ordinance No. 552 Page 3 T. "Municipal Storm Drain System" shall mean any facility within the City by which storm water runoff may be conveyed to the waters of the United States. This system includes, but is not limited to, flood control channels, aqueducts, canals, roads with drainage systems, conduits, streets, catch basins, inlets, curbs, ditches, gutters, stone drains, pipes, and fabricated and natural channels, and any other drainage structure or system. U. "NPDES" means the "National Pollutant Discharge Elimination System" as used and referred to in the Clean Water Act and the regulations thereunder V. "NPDES Permit' means a permit issued by the USEPA or the State Water Resource Control Board pursuant to the Clean Water Act that authorizes Discharges to waters of the United States and requires the reduction of pollutants in such Discharges. W. "New Development Project' means a discretionary development project involving land distributing activities, structural development (including the construction or installation of a new building or structure) and the creation of impervious surfaces resulting in one or more of the following new developments: A single family Hillside Property. 2. A commercial development that creates at least 100,000 square feet of impermeable area, including parking areas. An Automotive Repair Shop. 4. A Retail Gasoline Outlet as defined in this chapter. A Restaurant as defined in this chapter. 6. A residential development with ten or more housing units. 7. A parking lot equal to or greater than 5,000 square feet in total, or containing 25 or more parking spaces, which are potentially exposed to storm water runoff. 8. Any development wherein an Urban Runoff Mitigation Plan, as described in this chapter, is otherwise required by the Director of Public Works or the City Manager, as needed to comply with any applicable Municipal NPDES Permit or to otherwise comply with the Clean Water Act, or State or local law. X. "Non -Storm Water Discharge" means any Discharge to the Municipal Storm Drain System that is not composed entirely of stormwater. Y. "Person" means any natural person and any entity, corporation, business, firm or partnership. Ordinance No. 552 Page 4 Z. "Pollutants" 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 Section 13373. Examples of pollutants include, but are not limited to, the following: 1. Artificial materials, chips or pieces or man-made materials, such as floatable plastics, paper, carton or pieces of metal. 2. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 3. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic; 4. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease); 5. 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 of California; 6. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); 7. Substances having characteristics such as Ph less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal streptococcus, or enterococcus. The term "Pollutant" shall not include uncontaminated Storm Water Runoff, 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 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 elimination of the Discharge to the Maximum Extent Practicable through compliance with the Best Management Practices available. AA. 'Potable Water Sources" means flows from drinking water storage, supply and distribution systems including flows from system failures, pressure releases, system maintenance, well development, pump testing, fire hydrant flow testing, and flushing and dewatering of pipes, reservoirs, vaults, and wells. BB. 'Premises" means any building, structure, fixture or improvement on land, and any lot, parcel of land, land or portion of land whether improved or unimproved. CC. 'Proper Disposal' means the act of disposing of material(s) in a lawful manner and which ensures the protection of water quality and beneficial uses of receiving waters. Ordinance No. 552 Page 5 DD. "Redevelopment" shall mean a discretionary development project, on an already developed site, which results in the creation or addition of at least 5,000 square feet of impervious surfaces within the categories of development listed in the definition of "New Development." Redevelopment is to include, but is not limited to, the expansion of a building footprint or additional replacement of a structure; structural development, including an increase in gross floor are and/or exterior construction or remodeling; the replacement of an impervious surface that is not part of a routine maintenance at the facility; and land disturbing activities related to structures or impervious surfaces. EE. "Receiving Waters" means all surface water bodies within the permit area, including the San Gabriel River Watershed Management Area. FF. "Regional Board" means the California Regional Water Quality Control Board, Los Angeles Region. GG. "Restaurant" means a stand-alone facility that sells prepared foods and drinks for immediate consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. HE "Retail Gasoline Outlet" means any retail facility engaged in selling gasoline and lubricating oils. II. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of many base flow components either contaminated with pollutants or uncontaminated. JJ. "State Board" means the State Water Resources Control Board. KK. "Storm Water" means water which originated from atmospheric moisture (rainfall or snowmelt) and that falls onto land, water, or other surfaces. LL. "USEPA" means United States Environmental Protection Agency. MM. "Watershed Management Area" means any one of the six general watershed areas covered by Order No. 96-004 (NPDES No. CAS614001). The City is in the San Gabriel River Urban Watershed Management Area. NN. "Watershed Management Area Plan" means a plan for implementation of permit requirements that is based on the Countywide Storm Water Management Plan (CSWMP), but that specifically addresses specific issues involving pollutants of concern and best management practices that are unique to the specific Watershed Management Area. Section 2. Section 8.28.110, entitled "Pollutant Source Reduction," of Chapter 8.28 of the Irwindale Municipal Code is hereby deleted and replaced with the following new Section 8.28.110: Ordinance No. 552 Page 6 8.28.110. Pollutant Source Reduction. A. Treatment Systems. All Persons who own, operate or maintain stormwater clarifiers, separators, sediment ponds and others storm water treatment systems shall at all times maintain such systems in good working order and repair. Such systems shall be constructed and installed in a manner so as to at all times permit easy and safe access for proper maintenance, repair and inspection. B. New Development, Redevelopment and Construction. 1. Copies of Documents. All Persons engaged in construction activity within the City requiring a State Construction Activity Storm Water Permit shall have at the construction site available for review (i) a copy of the Notice of Intent for the State Construction Activities Storm Water Permit, (ii) the Waste Discharge Identification Number issued by the State Water Resources Control Board, and (iii) copies of the Storm Water Pollution Prevention Plan and Storm Water Monitoring Plan as required by the Permit. 2. Best Management Practices. All Persons engaged in construction activity within the City shall implement Best Management Practices to avoid, to the maximum extent practicable, the discharge of Pollutants to the Municipal Storm Drain System, in accordance with the City's Grading Manual, as developed and updated by the City Engineer, and, when applicable, in accordance with a Grading Plan approved by the City Engineer for such project. 3. Urban Runoff Mitigation Plan. All applicants for New Development and Redevelopment Projects shall submit an Urban Runoff Mitigation Plan with their development project applications to the City. The Urban Runoff Mitigation Plan shall be submitted to the Director for review and approval and shall comply with all requirements of the City's Municipal NPDES Permit, including any applicable Standard Urban Stormwater Mitigation Plan ("SUSMP") or other similar plan, developed as a part of or pursuant to the City's Municipal NPDES Permit. Copies of the City's Municipal NPDES Permit and any applicable SUSMP or other similar plan, are on file with the City Clerk and the Director, for review. The Urban Runoff Mitigation Plan shall be designed to reduce projected runoff from the project through incorporation of design elements or principles in accordance with the goals set forth in the City's Municipal NPDES Permit and any applicable SUSMP or other similar plan. Applicants shall refer to the most recent editions of the Construction Best Management Practices Handbook, produced and published by the Stormwater Quality Task Force, for specific guidance on selecting Best Management Practices for reducing pollutants in Storm Water Runoff from urbanized areas. Urban Runoff Mitigation Plans may include the development of a regional approach as a means of complying with Best Management Practices and any applicable numerical design standard or requirement, where such a regional approach is approved by both the Director and the Regional Board. Ordinance No. 552 Page 7 4. City Review and Plan ADDroval a) Prior to the issuance of a building permit for a New Development or Redevelopment Project, the City may evaluate the proposed project using the applicable SUSMP and the guidelines and BMP list approved by the Regional Board, and erosion and grading requirements of the City Building Official or Director to determine (i) its potential to generate the flow of Pollutants into the Municipal Storm Drain System both during and after construction, and (ii) how well the Urban Runoff Mitigation Plan for the proposed project meets the goals of this chapter. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. Based upon the review, the City may impose conditions upon the issuance of the building permit, in addition to any required by the State Construction Activities Storm Water Permit for the project, in order to minimize the flow of Pollutants into the Municipal Storm Drain System. b) No grading permit for developments with a disturbed area of five acres or greater shall be issued unless the applicant can show that a Notice of Intent to comply with the State Construction Activities Storm Waste Permit has been filed and that a Storm Water Pollution Prevention Plan has been prepared for the project. C) The Director may approve or disapprove of the Urban Runoff Mitigation Plan within thirty (30) calendar days of submittal, or within thirty (30) days of approval of the development project by the Planning Commission, where Planning Commission approval is required. If the plan is disapproved, the reasons for disapproval shall be given in writing to the applicant. Any plan disapproved may be revised by the applicant and resubmitted for approval. A resubmitted plan will be approved or disapproved within thirty (30) days of submittal. No building permit shall be issued until an Urban Runoff Mitigation Plan has been approved by the Director. d) If no building permit has been issued or no construction has begun on a project within a period of one hundred and eighty (180) days of approval of an Urban Runoff Mitigation Plan, the Urban Runoff Mitigation Plan for that project shall expire. The Director may extend the time by written extension for action by the applicant for a period not to exceed one hundred and eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant prevented the construction from commencing. In order to renew the Urban Runoff Mitigation Plan, the applicant shall resubmit all necessary forms and other data and pay a new plan review fee. e) Storm Water Runoff containing sediment, construction waste or other Pollutants from the construction site and parking areas shall be reduced to the maximum extent practicable. The following Best Management Practices shall apply to all construction projects within the City, and shall be required from the Ordinance No. 552 Page 8 time of demolition of existing structures or commencement of construction until receipt of a certificate of occupancy: f 1) Sediment, construction waste, and other Pollutants from construction activities shall be retained on the construction site to the maximum extent practicable. r' 2) Structural controls such as sediment barriers, plastic sheeting, detention ponds, dikes, filter beams and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other Pollutants from the site. 3) All excavated soil shall be located on the site in a manner that minimizes the amount of sediments running onto the street, drainage facilities or adjacent properties. Soil piles shall be covered with plastic or similar material until the soil is either used or removed from the site. 4) No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction or other vehicles is permitted to run off the construction site, or to otherwise enter the Municipal Storm Drain System. f) As a condition to granting a construction permit, the City may set reasonable limits on the clearing of natural vegetation from construction sites, in order to reduce the potential for soil erosion. These limits may include, but are not limited to, regulating the length of time soil is allowed to remain bare or prohibiting bare soil. g) The Director may require, prior to the issuance of any building or grading permit, preparation of appropriate wet weather erosion control, storm water pollution prevention or other plans consistent with Countywide Development Construction Guidance provisions and the goals of this chapter. h) Full or partial waivers of compliance with the requirements of this section may be obtained by Persons who apply in writing and show that incorporation of design elements that address the objectives set forth above is an economic or physical impossibility due to the particular configuration of the site or due to irreconcilable conflicts with other City requirements. All such requests for waivers must be approved, in writing, by the Director of Planning, the Director of Public Works Department, and the Director of Building. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this chapter or part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that Ordinance No. 552 Page 9 any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published or posted, as required by law. APPROVED AND ADOPTED this 4th day of January 2001. Patricio S. Miranda, Mayor STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California do hereby certify that the forgoing Ordinance No. 552, was duly introduced at a regular meeting of the City Council held on the 14th day of December 2000, and was duly approved and adopted by the City Council at an adjourned regular meeting of said Council on the 4th day of January 2001, by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Ordinance No. 552 Page 10 Breceda, Castellanos, Tapia, Almazan, Mayor Miranda None None None c I da J. Ki b , CM 4eputy Cit C rk