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HomeMy WebLinkAboutORD 1121ORD 1121pT3(퓬 ORDINANCE NO. 1121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE TO REPLACE CHAPTER 52 STORMWATER RUNOFF" WITH A NEW CHAPTER 52 TO INSURE COMPLIANCE WITH REGIONAL BOARD NPDES ORDER NO. 96-054 ADOPTED ON JULY 15, 1996 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, the State Water Resources Control Board regulates the Discharges of Pollutants into waters of the State through the California Regional Water Quality Control Board, and specifically through the Los Angeles Regional Water Quality Control Board Regional Board") for the area within the jurisdiction of the City of Baldwin Park; WHEREAS, on July 15, 1996, the Regional 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 Baldwin Park is a Permittee under Order No.96-054; WHEREAS, Order No. 96-054 identifies the County of Los Angeles as the Principle Permittee, and the incorporated cities within the County of Los Angeles as Co-Permittees; WHEREAS, the purpose of this:)is Ordinance is to establish the legal authority as required by the regulations to the Clean Water Act, and to comply with the other legal requirements set forth in Order No.96- 054; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 52 of the Baldwin Park Municipal Code is hereby amended by replacing the existng provisions of Chapter 52 with a new Chapter 52 entitled Storm Water/Urban Runoff' which will read in its entirety as follows: Chapter 52.' STORM WATER/URBAN RUNOFF Section 52.01 Definitions 52.02 Purpose and Intent 52.03 Responsibility for Administration 52.04 Fees 52.05 Illicit Connections Prohibited 52.06 Illicit Discharges 1 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬52.07 Notification 52.08 Littering 52.09 Use of Discontinued or Banned Chemicals 52.10 Compliance with State and Federal Discharge Requirements. 52.11 Pollutant Source Reduction 52.12 Inspection and Enforcement 52.13 Interagency Cooperation 52.01 DEFINITIONS. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED INSPECTOR. The Public works Inspector, Engineering Supervisor, City Engineer or Director of Public Works hereinafter Director"), and persons designated and under the instruction and supervision of any of them, who are assigned to investigate compliance and detect violations of this chapter. BEST MANAGEMENT PRACTICES BMPS). 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 Director of Public Works. CEQA.The California Environmental Quality Act, California Public Resource Code Sections 21000 et seq., and the regulations thereunder. CITY. The City of Baldwin Park, County of Los Angeles, California. CLEAN WATER ACT. 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. CO-PERMITTEE. The County of Los Angeles and/or any one of the municipalities, including the city, which are responsible for compliance with the terms of the NPDES permit. DIRECTOR. The City of Baldwin Park's Director of Public Works or his or her designee. DISCHARGE. Any release, spill, leak, disposal, flow, escape, leaching including subsurface migration or disposition to groundwater), dumping or discarding of any liquid, semi-solid or solid substance, or combination thereof. EFFECTIVE DATE. Thirty days after the date if adoption of this chapter. HAZARDOUS SUBSTANCE. Any Hazardous Substance" as that term is defined under California Health & Safety Code Sections 25281(g), 25501(0) and 25501.1, and pursuant to Title 42, Section 9601(14) of the United States Code; any 2 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬*`hazardous waste" as that term is defined under Title 42 Sections 6903(5) of the U."Zed States Code, and under California Health & Safety Code Section 25550(p); any hazardous material," as that term is defined under California Health & Safety Code Section 25501(n): any chemical which the Governor of California has identified as a chemical known to cause cancer or reproductive toxicity, pursuant to California Health & Safety Code Section 25249.8; and any crude oil or refined or unrefined petroleum product, or any fraction or derivative thereof, and any asbestos or Asbestos Containing Material. The term Hazardous Substance" includes any amendments to the above-referenced statutes and regulations. ILLICIT DISCHARGE. 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 Baldwin Park, the County, of Los Angeles or the Los Angeles Regional Water Quality Control Board. ILLICIT CONNECTION. Any direct or indirect physical connection to the Municipal Storm Drain System which has not been permitted by the City of Baldwin Park, the County of Los Angeles, or the Los Angeles Regional Water Quality Control Board. MUNICIPAL NPDES PERMIT. An area-wide NPDES permit issued to a government agency or agencies for the Discharge of stormwater from a stormwater system. MUNICIPAL STORM DRAIN SYSTEM. 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, storm drains, pipes, and fabricated and natural channels, and any other drainage structure or system. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES) PERMIT The municipal discharge permit issued by the Los Angeles Regional Water Quality Control Board and entitled Stormwater/Urban Runoff Discharge for Los Angeles CO!jnty and Co-Permittees Order No. 96-054 NPDES Order No. CAS614001) NEW DEVELOPMENT PROJECT. A project involving: 1) The new development of a residential subdivision consisting of 10 or more individual homes. 2) The new development of an industrial or commercial building or property of 100,000 square feet or greater. 3) The new development of a restaurant or other food service establishment. 4) The new development of a gasoline station or other similar establishment providing automotive or truck maintenance and repair services. 5) Any new development where an Urban Runoff Mitigation Plan is required by the Director of Public Works or the City Manager. 3 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 NONSTORM WATER DISCHARGE. Any Discharge to the Municipal Storm Drain System that is not composed entirely of stormwater. PERSON. Any natural Person, firm, association, club, organization, corporation, partnership, sole proprietorship, business trust, company or other entity which is recognized by law as the subject of rights or duties. Pollutant; The following liquid, solid or semi-solid substances, or any combination thereof; 1) Artificial materials, chips or pieces of natural or man-made materials such as floatable plastics, wood or metal shavings); 2) Household waste such as trash, paper, plastics, lawn clippings and yard wastes; animal fecal materials; excessive pesticides, herbicides and fertilizers: used oil and fluids from vehicles, lawn mowers and other common household equipment); 3) Metals, including but not limited to cadmium, lead, zinc, copper, silver, nickel, chromium and non-metals, such as phosphorus and arsenic; 4) Petroleum hydrocarbons such as crude oils, fuels, lubricants, surfactants, waste oils, solvents, coolants, condensate and grease); 5) Excessive eroded soils, sediment and particulate materials; 6) Animal wastes such as Discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields): 7) Substances having characteristics with a pH of less than 6.5 or greater than 8.5, or unusual turbidity, or excessive levels of fecal coliform, fecal streptococcus or enterococcus; 8) Waste materials and wastewater generated on construction sites and by construction activities such as painting and staining: use of sealants, glues, limes; excessive pesticides, fertilizers or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments: application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing, concrete pouring and cleanup wash water or use of concrete detergents: steam cleaning or sand blasting residues; use of chemical decreasing or diluting agents: and super chlorinated water generated by potable water line flushing): 9) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon; 10) Materials which contain base/neutral or acid extractable organic compounds: 11) Pollutants defined in Title 33 U.S.C. Section 1362(6) of the Federal Clean Water Act. 4 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 12) Any other constituent or material that may adversely affect the beneficial uses of the receiving waters, flora or fauna of the State, as determined by the State Board or the Regional Board. The term Pollutant' shall not include uncontaminated Storm Water Runoff, potable water or reclaimed water generated by a lawfully permitted water treatment facility. PREMISES. Any building, structure, fixture or improvement on land, and any lot, parcel of land, land or portion of land whether improved or unimproved. REGIONAL BOARD. The California Regional Water Quality Control Board Los Angeles Region. STATE BOARD. The State Water Resources Control Board. STATE WA TER RUNOFF. Surface runoff and drainage associated with rain or other precipitation events. 52.02. PURPOSE AND INTENT. The purpose of this chapter is to protect the public health, welfare and safety and to reduce the quantity of Pollutants being Discharged to the waters of the United States through: A) The elimination of Non-Storm Water Discharges, to the maximum extent practicable, to the Municipal Storm Water System; B) The elimination of the Discharge of Pollutants, to the maximum extent practicable, to the Municipal Storm Drain System C) The reduction of Pollutants in Stormwater Discharges to the maximum extent practicable. D) The protection and enhancement of the quality of the waters of the United States in a manner consistent with the provisions of the Clean Water Act. 52.03. RESPONSIBILITY FOR ADMINISTRATION. The responsibility for the administration, oversight and implementation of this chapter is delegated to the Director of Public Works for the City of Baldwin Park, and his or her authorized agent, deputy or representative. 52.04. FEES. Fees to be charged for plan checking, inspection, enforcement and any other activities carried out by the City under this chapter shall be specified by resolution of the City Council. 52.05. ILLICIT CONNECTIONS PROHIBITED. A) No Person shall construct, utilize, maintain, operate or permit the existence of any Illicit Connection on any Premises owned or operated by such Person. 5 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 B) Any Illicit Connection constructed, utilized, maintained operated or permitted to be operated on any Premises owned or operated by any Person, from and after the date of the adoption of this Chapter, shall be terminated and removed and/or otherwise sealed in a manner approved by the Director of Public Works. 52.06. ILLICIT DISCHARGES. A) No Person shall cause, facilitate or permit any Illicit Discharge to the Municipal Storm Drain System. B) No Person shall cause, facilitate or permit any Discharge of untreated washwaters to the Municipal Storm Drain System in the performance of any maintenance or cleaning of a gas station, auto or truck repair garage or other similar auto or truck service facility. C) No Person shall cause, facilitate or permit any Discharge of untreated wastewaters to the Municipal Storm Drain System from any mobile auto washing, steamcleaning, mobile carpet cleaning, or other similar mobile commercial and/or industrial operation. D) All Persons shall use Best Management Practices to avoid, to the maximum extent practicable, any Discharge to the Municipal Storm Drain System from property owned or operated by such Person, where there has been an unmitigated release or a threat of a release of leaking oils or other petroleum fluids, including but not limited to used oils, transmission oils, waste oils, cutting oils, kerosene, diesel, gasoline or antifreeze, from any machinery and/or equipment, including motor vehicles located in or on industrial sites or facilities within the City. E) No Person shall Discharge, cause, facilitate or permit to be Discharged any commercial or municipal swimming pool filter backwash to the Municipal Storm Drain System. F) No Person shall use, store, maintain or Discharge or cause, facilitate or permit to be Discharged, any Hazardous Substance in an area that creates a release or a threat of a release of Hazardous Substances to the Municipal Storm Drain System. G) No Person shall Discharge, or cause, facilitate or permit to be Discharged into the Municipal Storm Drain System any untreated waste water from the washing or cleaning of concrete trucks. H) No Person shall Discharge, or cause, facilitate or permit to be Discharged any leaves, dirt or other landscape debris into the Municipal Storm Drain System. I) No Person shall Discharge, or cause, facilitate or permit to be Discharged any pesticide, fungicide or herbicide presently banned by the United States Environmental Protection Agency or the California Department of Pesticide Regulation into the Municipal Storm Drain System. J) All owners or operators of industrial and/or commercial property shall use BMPs in the use, maintenance, repair and operation of all machinery and equipment utilized on such property, in order to minimize and eliminate the Discharge of Pollutants to the Municipal Storm Drain System. 6 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 K) All owners and operators of industrial and/or commercial motor vehicle parking lots containing more than 25 parking spaces shall conduct regular sweeping and other similar measures to minimize the Discharge of Pollutants and other debris to the Municipal Storm Drain System. L) Except as otherwise permitted under Federal, State or local law, no owner or operator of an industrial or commercial Premises within the City shall Discharge or cause, facilitate or permit to be Discharged any non-storm water runoff into the Municipal Storm Drain System. M) Exempted Discharges. The following Non-Storm Water Discharges are not considered Illicit Discharges and are not prohibited by this Chapter: 1) Flows from riparian habitats or wetlands; 2) Diverted stream flows; 3) Springs; 4) Rising ground waters; 5) Uncontaminated groundwater infiltration; 6) Discharges or flows from emergency fire fighting activities; 7) Landscape irrigation; 8) Water line flushing; 9) Potable water sources provided the Discharges are managed in accordance with an approved Industry-wide Standard Pollution Prevention Practices developed by the American Water Works Association, California- Nevada Section, or equivalent document, and in accordance with any other requirements that may be established by the City; 10) Foundation drains; 11) Footing drains; 12) Air conditioning condensate; 13) Irrigation water; 14) Lawn watering; 15) Water from crawl space pumps; 16) Dechlorinated swimming pool Discharges; 17) Individual residential car washing; 18) Street washing including sidewalk washing). 7 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 N) Any Person who violates the terms of this Section shall immediately commence all appropriate response action to investigate, assess, remove and/or remediate any Pollutants Discharged as a result of such violation, and shall reimburse the City or other appropriate governmental agency, for all costs incurred in investigating, assessing, monitoring and/or removing, cleaning up, treating or remediating Any Pollutants resulting from such violation, including all reasonable attorneys' fees and environmental and related consulting fees incurred in connection therewith. 52.07. NOTIFICATION. A) Immediate Notification. Any Person who intentionally, negligently or otherwise violates any provision of this Chapter resulting in a Discharge of a Pollutant or Pollutants to the Municipal Storm Drain System shall immediately notify the Director of Public Works or his or her designee by telephone or in person, and shall identify at that time the location of the Discharge, the date and time of the Discharge, the type and concentration of the volume of Pollutant Discharged, as well as any co.-rectve action taken as a result of the Illicit Discharge. Written notification of such discharge: information shall thereafter be provided to the Director of Public Works or his or her designee within 48 hours of the Discharge. B) Written Report. All Persons violating this Chapter shall, within ten 10) calendar days after any such Discharge of a Pollutant or Pollutants, file with the Director of Public Works a detailed written report describing the cause of the Discharge, the date and time of the Discharge, the type, concentration and volume of material Discharged, the location of the Discharge, any specific information necessary in connection with the location to fully explain the potential impacts from the Discharge, and any corrective action or other measures taken in connection with the Discharge, including any measures taken to prevent similar Discharges in the future. Submission of this written report shall not be deemed to be a waiver or release of any Person for liability, fines or other ob'.;gations imposed under this Chapter, or otherwise in the City's Code or under State or Federal law. 52.08. LITTERING. A) No Person shall Discharge, or cause or permit to be Discharged any Hazardous Waste" or Refuse" as such terms are defined under Chapter 50.01 of this Code) into the Municipal Storm Drain System, including into any street, alley, alleyway, sidewalk, inlet, catch basin, storm basin, or drainage structure or facility which is a part thereof, or onto any public or private property, except through the discarding, depositing, disposal or placement in containers, barrels and/or bins to be used for the proper containment and transportation of such waste material, and except for the disposal of such waste at properly licensed and permitted solid and/or hazardous waste facilities. B) Any Person violating subsection 52.080(A) shall immediately cause the proper collection and abatement of such waste material and shall remedy and cleanup any Premises and/or any portion of the Municipal Storm Drain System directly or indirectly affected by such Discharge. C) Any and all costs and expenses incurred by the City in assessing and abating a violation of this Section may be assessed against all violating Persons, including all administrative expenses and legal fees and costs incurred by the City in 8 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 assessing and abating the Discharge and in enforcing the terms of this Section, including litigation fees and costs. 52.09. USE OF DISCONTINUED OR BANNED CHEMICALS. No Person shall use or apply any pesticide, herbicide or fungicide on any public or private property within the City, the manufacture of which has been pI")hibited by the United States Environmental Protection Agency and/or the California Department of Pesticide Regulation. 52.10. COMPLIANCE WITH STATE AND FEDERAL DISCHARGE REQUIREMENTS. All Persons engaged in commercial or industrial activity, or in construction activity, shall comply with all storm water discharge requirements of the United States Environmental Protection Agency and/or the State Board or Regional Board. Proof of compliance with such discharge requirements may be required by the City in a form acceptable to the Director, prior to the issuance of any grading, building or occupancy permit, or any other type of permit or license issued or to be issued by the City. 52.11. 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 and Cons fruction. 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) All New Development Projects within the city shall be undertaken in accordance with: a) Any stormwater control conditions and requirements established by the Director which are reasonably related to the reduction and/or elimination of pollutants in Stormwater runoff from the project site; and b) Best Management Practices. 3) The owner of a New Development Project Site, their successors and assigns, and each named responsible party, shall implement and adhere to all stormwater control conditions and requirements established by the Director. Each failure by the owner of the property, the owners successors or assigns, or a named responsible party, to implement and adhere to the stormwater control conditions and requirements shall constitute a new and separate violation of this chapter. 9 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬  4) 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 requirements, 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. 5) Urban Runoff Mitigation Plan This subsection 52.11(B) 5) shall become effective January 1,1999. All applicants for a New Development Project shall submit an Urban Storm Water Mitigation Plan with their applications for such development to the City. The Urban Runoff Mitigation Plan shall be submitted to the Director for review and approval. The Urban Runoff Mitigation Plan shall be designed to reduce projected runoff for the project through incorporation of design elements or principles which address each of the goals set forth below. Developers should refer to the most recent edition of the Construction Best Management Practices Handbook, produced and published by the Storm Water Quality Task Force, for specific guidance on selecting best management practices for reducing Pollutants in Stormwater Discharges from urbanized areas. The Urban Runoff Mitigation Plan shall address the following goals in connection with both construction and long term operation of the proposed project: a) Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under Section 1344 of the Clean Water Act, and other applicable state and local law designed to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies. b) Maximize, to the extent practicable, the percentage of permeable surfaces in order to allow more percolation of runoff into the ground. c) Minimize, to the extent practicable, the amount of runoff directed to impermeable areas and to the Municipal Storm Drain System. d) Minimize, to the extent practicable, parking lot pollution through the use of appropriate BMPs, such as retention, infiltration, and good housekeeping. e) Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed, and, in certain sensitive cases, the prohibition of bare soil. f) Provide for appropriate permanent controls to reduce to the maximum extent practicable storm water Pollutant load produced by the development site. 6) City Review and Plan Approval. Effective January 1,1999: a) Prior to the issuance of a building permit for a New Development Project, the City shall evaluate the proposed project using the guidelines and BMP list approved by the Regional Board, 10 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 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 shall 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 150) 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 time of demolition of existing structures or commencement of construction until receipt of a certificate of occupancy: 1) Sediment, construction waste, and other Pollutants from construction activities shall be retained on the construction site to the maximum extent practicable. 11 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 ORD 1121pT3(퓬  1) identifying products produced, processes conducted, chemicals and maternal used, stored or maintained on the subject Premises; 2) identifying points of Discharge of all Waste water, non- stormwater, processed water Systems and Pollutants; 3) investigating the natural slope of the Premises, including drainage patterns and man-made conveyance systems: 4) establishing location of all points of Discharge from the Premises, whether by surface runoff or through a storm drain system; 5) locating any Illicit Connection or illicit Discharge; 6) a vehicle, truck, trailer, tank or other mobile equipment; 7) all records of the owner or occupant of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, storm water pollution prevention plans, and any and all records relating to Illicit Connections, Illicit Discharges, or any other source of contribution or potential contribution of Pollutants to the Municipal Storm Drain System; 8) inspecting, sampling and testing any area runoff, soils area including groundwater testing), process Discharge, materials with any waste storage area including any container contents), and/or treatment system discharges for the purpose of determining the potential for contribution of Pollutants to the Municipal Storm Drain System; 9) inspecting the integrity of all storm drain and sanitary sewer systems, any connection to other pipelines on the property, including the use of dye and smoke tests, video surveys, photographs or videotapes, and the taking of measurements, drawings or any other records reasonably necessary to document conditions as they exist on the Premises; 10) the installation and maintenance of monitoring devices for the purpose of measuring any Discharge or potential source of Discharge to the Municipal Storm Drain System; 11) evaluating compliance with this Chapter or the Clean Water Act. B) Enforcement. 1) Any violation of this Chapter is d misdemeanor and shall be punishable by either a fine of up to One Thousand Dollars $1,000) or six B) months in the County jail, or both. 2) Any Person who may otherwise be charged with a misdemeanor as a result of a violation of this Chapter may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine 13 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬of not more than $100 for the first violation, $200 for the second violation, and $250 for each additional violation thereafter. 3) As a part of any sentence or other penalty imposed or the award of any damage, the Court may also order that restitution be paid to the City or any injured Person, or, in the case of a violator who is a minor, by the minors parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward. 4) Any Person violating the provisions of this Chapter shall reimburse the City for any and all costs incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any Illicit Discharge or Pollutant from the Municipal Storm Drain System: rectifying any Illicit Connection; or remediating any violation of this Chapter. Such costs to be paid to the City include all administrative expenses and all legal expenses, including costs and attorneys' fees, in obtaining compliance, and in litigation including all costs and attorneys' fees on any appeal. The costs to be recovered in this Section 52.12 shall be recoverable from any and all Persons violating this Chapter. 5) In the event any violation of this Chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or Director of Public works, or any authorized agent thereof, may enter upon the Premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any Premises affected by the alleged violation, without notice to or consent from the owner or occupant of the Premises. An imminent danger shall include but is not limited to exigent circumstances created by the Discharge of Pollutants, where such Discharge presents a significant and immediate threat to the public health or safety, or the environment. 6) violations of this Chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Code and State law. 7) All costs and fees incurred by the City as a result of any violation of this Chapter which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject Premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Sections 38773.1 and 38773.5. The owner of record of the Premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The City Attorney is authorized to collect nuisance abatement costs and enforce a nuisance lien in an action brought for money judgment, or by delivery to the County Assessor of a special assessment against the Premises in accordance with the conditions and requirements of Government Code Section 38773.5. 8) Any Person acting in violation of this Chapter may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act California Water Code Section 13000 et seq.) and the regulations thereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The City 14 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief. 9) The City Attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of this Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City for all costs incurred in enforcing this Chapter, including costs of inspection, investigation, monitoring, treatment, abatement, removal or remediation undertaken by or at the expense of the City, and may include all legal expenses and fees and any and all costs incurred relating to the restoration or remediation of the environment. 10) Each separate Discharge in violation of this chapter and each day a violation of this Chapter exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and/or civil violation. 11) The City may utilize any and all other remedies as otherwise provided by law. 52.13 INTERAGENCY COOPERATION. A) The Federal Clean Water Act authorizes the NPDES permit for the Los Angeles County area and provides for cooperative implementation of requirements and interagency allocations of program resources and burdens. The coordinated effort of the county and the co-permittees is reflected in the National Pollutant Discharge Elimination System Permit Implementation Agreement Los Angeles Region, the NPDES permits, this chapter, monitoring and data collection cooperation and regular emergency and spill response planning activities. B) The City may elect to contract for the services of any public agency or private enterprise to carry out the planning approvals, inspections, permits and enforcement authorized by this chapter. Ord. 1105, passed 7-19-95) SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason deemed to be or held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Baldwin Park hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty 30) days after adoption. SECTION 4. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Baldwin Park and shall cause a summary of this ordinance to be published in accordance with Government Code section 36933, in a local newspaper of general circulation, and this ordinance shall take effect thirty 30) days after its passage. 15 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05 ORD 1121pT3(퓬 PASSED, APPROVED AND ADOPTED this 19TH day of February 1997. MAYOR STATEOFCALIFORNIA COUNTY OF LOS ANGELES ss CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No.1121 was duly Introduced and placed upon the first reading at a regular meeting of the City Council on January 15, i997. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on Febmary 19, 1997, by the following vote: AYES LOZANO. MUSE. LOWES AND MAYOR VARGAS NOES NONE ABSENT NONE ABSTAIN NONE 16 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05  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 oft 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. 7) Cost Recovery. The costs and expenses of the City incurred in the drafting, review, approval and/or revision of any stormwater control conditions and requirements shall be assessed to the property owner(s) and responsible party and parties and shall be due and payable to the City. The City may elect to require a deposit of estimated costs and expenses, and, the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the property owner or responsible party. 52.12. INSPECTION AND ENFORCEMENT. A) Inspections. The City Manager or the Director, or any designee thereof, may, on 24 hour oral or written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private Premises for the purposes of verifying compliance with the terms and conditions of this Chapter. Such inspection may include, but is not limited to: 12 BIB] 37643-U01 ORD-U02 1121-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4281-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1121-U05 FEB-U05 19-U05 1997-U05