HomeMy WebLinkAbout1996-11-12 - AGENDA REPORTS - STORMWATER URBAN RUNOFF (2)1Wr-1#[H:19.1 01Mv.
DATE:
Fmmluumol
November 12, 1996
city
Item
Don Williams
SUBJECT: A DRAFT ORDINANCE ESTABLISHING STORMWATER AND URBAN
RUNOFF POLLUTION PREVENTION CONTROLS
ORDINANCE NO. 96-32
DEPARTMENT: Building and Engineering Services
On July 15, 1996, the Regional Water Quality Control Board issued Order No. 96-054 (in
accordance with the Clean Water Act) and adopted a new NPDES Permit. The Permit applies
to the County of Los Angeles as the principal permittee and to the City of Santa Clarita as one
of 88 co -permittee cities. One of the early tasks required in the new Permit is the
demonstration of the legal authority necessary to control discharges to and from those portions
of the Municipal Separate Storm Sewer System (MS4) over which the City has jurisdiction. The
Permit outlines the specific activities to be covered under this legal authority to control the
release of pollutants that may result in prohibited discharges to the MS4.
The Permit calls for the adoption of the Runoff Ordinance by November 28, 1996. However, it
also allows for the City to provide the County of Los Angeles with a timely schedule for
obtaining legal authority should the requirement be only partially fulfilled. Staff has been
working with the City Attorney to prepare a draft ordinance that will adequately meet the
requirements and spirit of the Permit, and also withstand potential legal challenges. This
ordinance does not establish any additional authority or new regulations above and beyond
those which currently exist in City statutes and the new NPDES Permit. The Ordinance
specifically serves to consolidate the City's existing authority under the Clean Water Act and
U.S. Environmental Protection Agency regulations.
That City Council conduct the public hearing, introduce, waive further reading, and pass to
second reading for Ordinance No. 96-32.
ATTACHMENT
Ordinance No. 96-32 it
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Agenda Item:
CITY OF SANTA CLARITA
BUILDING AND ENGINEERING SERVICES DEPARTMENT
PUBLIC HEARING NOTICE
DRAFT RUNOFF CONTROL ORDINANCE
ORDINANCE NO. 96-32
PROPONENT: The City of Santa Clarita
PUBLIC NOTICE IS HEREBY GIVEN:
On July 15, 1996, the Regional Water Quality Control Board (Board) adopted a new National
Pollutant Discharge Elimination System (NPDES) Permit, which went into effect on July 31,
1996. The new permit includes revisions in accordance with Clean Water Act requirements, and
applies to the County of Los Angeles and the City of Santa Clarita as principal permittee and
co -permittee, respectively. One of the first tasks associated with this new permit is
demonstration of legal authority necessary to control discharges to and from those portions of
the Municipal Separate Storm Sewer System in each municipality's applicable jurisdiction. The
Permit has outlined the specific activities to be covered under this legal. authority, which include
the ability to control the contribution of pollutants to the Municipal Separate Storm Sewer
System by stormwater discharges and the quality of stormwater.
The proposed Runoff Ordinance has been scheduled to be heard by the City Council on
November 12, 1996 at 6:30 p.m. in the Council Chambers, located at 23920 Valencia Boulevard,
Santa Clarita, Ca. Proponents, opponents, and any interested persons may appear and be heard
on this matter at that time. If you wish to challenge this matter in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Council, at or prior to the public
hearing.
The Ordinance will be available to the public for review prior to the Council meeting. The
NPDES Permit calls for the adoption of the Runoff Ordinance by November 28, 1996. For
further information regarding this proposal, you may contact the City of Santa Clarita, Building
and Engineering Services Department, 23920 Valencia Blvd. Suite 300, Santa Clarita, CA
91355. Direct inquiries to Jeff Chaffin, Assistant Planner, (805) 255-4350 or Jeanne Geno,
Stormwater Utility Information Assistant, (805) 286-4133.
DATED: October 17, 1996
PUBLISHED: The Newhall Signal
on October 21, 1996. "
George A. Caravalho, City Manger/City Clerk
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Public Hearing Procedure
1. Mayor opens hearing
*States purpose of hearing
2. City Clerk reports on hearing notice
3. Staff report
4. Proponent Argument (30 minutes)
5. Opponent Argument (30 minutes)
6. Five-minute rebuttal (Proponent)
*Proponent
7. Mayor closes public testimony
S. Discussion by Council
9. Council decision
10. Mayor announces decision
ORDINANCE NO. 96-32
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING PUBLIC
HEALTH AND SAFETY AND CITY PROPERTY WITH
RESPECT TO CONTROL OF DISCHARGES AND
POLLUTANTS AND THE PROHIBITION OF ILLICIT
DISCHARGES AND ILLICIT CONNECTIONS TO THE
MUNICIPAL SEPARATE STORM SEWER SYSTEM BY
AMENDING TITLE 10, ENVIRONMENTAL PROTECTION, TO
ADD CHAPTER 10.04 OF THE SANTA CLARITA MUNICIPAL CODE
WHEREAS, The 1972 amendments to the Federal Water Pollution Control Act
(referred to as the Clean Water Act or "CWA"), 33 U.S.C. Sections 1251-1387, prohibit the
discharge of any pollutant to navigable waters of the United States from a point source unless
the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge
Elimination System ("NPDES") required by CWA Section 402,33 U.S.C. Section 1342; and
WHEREAS, Municipal separate storm sewer systems ("MS4s") which convey urban
runoff, including, but not limited to, stormwater runoff, are within the definition of point sources
under the CWA; and
WHEREAS, pursuant to the CWA, the United States Environmental Protection
Agency ("US EPA") has defined the term "municipal separate storm sewer system" to mean a
conveyance, or system of conveyances, including roads with drainage systems, municipal streets,
curbs, gutters, catch basins, and storm drains owned or operated by a city, used for collecting
stormwater; and
WHEREAS, the US EPA, under the National Urban Runoff Program ("NURP") has
funded and guided studies of water quality from MS4s which drain residential, commercial and
light industrial sites; and
WHEREAS, NURP and other studies (cited at, among other places, 55 Fed.
Reg. 47900) demonstrate the presence of pollutants in urban runoff discharged to receiving
waters through MS4 systems; and
WHEREAS, the US EPA reports that in some municipalities illicit connections of
sanitary, commercial and industrial discharges to storm sewer systems have had a significant
adverse impact on the water quality of receiving waters; and
WHEREAS, CWA Section 402(p) requires that the City obtain a permit for
stormwater and urban discharges through the City's MS4; and
WHEREAS, pursuant to the CWA, the US EPA has defined "illicit discharges" to
describe any discharge through a MS4 that is not covered by a NPDES permit and illicit
discharges to MS4s are not authorized under the CWA; and
WHEREAS, Section 402(p)(3)(B) of the CWA. requires that NPDES permits for
discharges from MS4s are to include a requirement to "effectively prohibit" non-stormwater
discharges into MS4s; and
WHEREAS, Section 402(px3)(B) of the CWA further provides that NPDES permits
shall require controls to reduce the discharge of pollutants to the maximum extent practicable,
including management practices and such other provisions as appropriate for the control of
pollutants; and
WHEREAS, US EPA regulations implementing the CWA require the City to
demonstrate that it has the legal authority to control, through ordinance or other authority,
contribution of pollutants to the MS4 by stormwater discharged from sites of industrial activity;
and
WHEREAS, US EPA regulations implementing the CWA require the City to
demonstrate that it has the authority to prohibit illicit discharges to the MS4; and
WHEREAS, US EPA regulations implementing the CWA require the City to
demonstrate that it has the authority to control, through ordinance or other authority, discharge
to the MS4 of spills, dumping or disposal of materials other than stormwater; and
WHEREAS, the City, as the owner and operator of its MS4, has the right and the
duty to protect the integrity of its MS4 against pollutants and contamination; and
WHEREAS, the City has authority under the California Water Code to adopt and
enforce ordinances imposing conditions, restrictions and limitations with respect to any activity
which might degrade the quality of waters of the state; and
WHEREAS, under the California Constitution and the California Government Code,
the City has the authority to define public nuisances and to protect the public health and safety
of the residents of and visitors to the City, and the environment, by abating public nuisances;
and
WHEREAS, the City Council is obligated to take prudent steps to protect the City's
property and its funds and taxpayers from exposure to liability, including the potentially
enormous costs of litigation regarding natural resources allegedly damaged by pollutants
allegedly transported through the City's MS4.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. In order to protect public health, safety and well-being; to carry out
obligations imposed on it by the Congress through the Clean Water Act; to "effectively prohibit"
non-stormwater discharges from MS4s; to demonstrate that the City has the authority to
control, through ordinance or other authority, contribution of pollutants to the MS4 by
stormwater discharged from sites of industrial activity; to demonstrate that the City has the
authority to prohibit illicit discharges to the MS4; to demonstrate that the City has the
authority to control, through ordinance or other authority, discharge to the MS4 of spills,
dumping or disposal of materials other than stormwater; Title 10 of the Santa Clarita Municipal
Code is hereby amended to add Chapter 10.04, "STORMWATER AND URBAN RUNOFF
POLLUTION CONTROL," to read in its entirety as follows:
"Chapter 10.04
STORMWATER AND URBAN RUNOFF POLLUTION CONTROL
Sections:
10.04.01
DEFINITIONS.
10.04.02
CONTROL OF POLLUTANTS AND ILLICIT DISCHARGES.
10.04.03
BEST MANAGEMENT PRACTICES.
10.04.04
CONSTRUCTION STORMWATER MEASURES.
10.04.05
VIOLATION, INSPECTION, ENFORCEMENT.
10.04.06
FEES.
Chanter 10.04.01
10.04.01.005 Definitions Generally. For the purposes of this Chapter the following
words and phrases shall have the meanings respectively ascribed to them by this Chapter.
Words and phrases not ascribed a meaning by this Chapter shall have the meanings ascribed
by the regulations implementing the National Pollutant Discharge Elimination System, Clean
Water Act Section 402, and Division 7 of the California Water Code, as they may be amended
from time to time, if defined therein, and if not, to the definitions in an applicable permit issued
by the California Regional Water Quality Control Board - Los Angeles, as such permits may be
amended from time to time.
10.04.01.010 "Best Management Practices" or "BMPs" shall mean schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices
to prevent or reduce pollutants in discharges. BMPs include, but are not limited to, public
education and outreach; proper planning of development projects, proper clean-out of catch
basins, and proper waste handling and disposal.
10.04.01.015 "Discharge" shall mean any release, spill, leak, pump, flow, escape,
dumping or disposal into the environment, including waters of the United States, and City's
MS4, of any pollutant.
10.04.01.020 "Illicit Connection" shall mean any device or artifice, excluding roof
drains and other similar connections, into the Municipal Separate Storm Sewer System, without
a permit, through or by which an illicit discharge may be discharged.
10.04.01.025 "Illicit Discharge" shall mean any discharge to the MS4 that is not
composed entirely of stormwater except discharges pursuant to NPDES permit, discharges
which are exempt or conditionally exempt in accordance with any applicable order of the
Regional Water Quality Control Board -Los Angeles, and discharges resulting from fire fighting
activities. "Illicit Discharge" includes, but is not limited to, untreated wash waters from gas
stations, auto repair garages and similar automotive repair facilities, untreated wastewaters
from mobile auto washing, steam cleaning and mobile carpet cleaning, untreated discharges
from areas where repair of machinery and equipment, including motor vehicles, which are
visibly leaking oil, fluid or antifreeze, are undertaken, discharges of untreated runoff to the MS4
from storage areas of materials containing grease, oil, or other hazardous substances, and
uncovered receptacles containing hazardous materials, untreated runoff from the washing of
toxic materials from paved or unpaved areas, discharge of untreated runoff from washing
impervious surfaces at sites of industrial activity, unless specifically required by State or local
health and safety codes, and discharge from washing out of concrete trucks, discharged to the
MS4.
10.04.01.030 "Municipal Separate Storm Sewer System" or "MS4" shall mean a
conveyance or system of conveyances, including municipal streets, gutters, conduits, natural or
artificial drains, channels and watercourses; or other facilities owned, operated, maintained or
controlled by City and used for the purpose of collecting, storing, transporting or disposing of
stormwater.
10.04.01.035 ."NonStormwater Discharge" shall mean any discharge to a municipal
storm sewer system that is not composed of stormwater. See "Illicit Discharge" above.
10.04.01.040 "NPDES" shall mea
System" established by Section 402 of the Clean
time to time, may be amended.
n "National Pollutant Discharge Elimination
Water Act, 33 U.S.C. Section 1342, as it, from
10.04.01.045 "Pollutant" shall mean a "Pollutant" as defined in Section 502(6) of the
Clean Water Act, 33 U.S.0 1362(6) or incorporated into California Water Code Section 13373,
discharged into water but shall not mean uncontaminated stormwater, potable water or
reclaimed water generated by a lawfully permitted water treatment facility, or any substance,
the discharge of which into the MS4, through Best Management Practices, has been reduced to
the maximum extent practicable. Subject to the foregoing, "Pollutant" also includes, but is not
limited to, untreated.wash waters from gas stations, auto repair garages and similar automotive
repair facilities, untreated wastewaters from mobile auto washing, steam cleaning and mobile
carpet cleaning, discharges from areas where repair of machinery and equipment, including
motor vehicles, which are visibly leaking oil, fluid or antifreeze is undertaken, discharges of
untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other
hazardous substances, and uncovered receptacles containing hazardous materials,
commercial/municipal swimming pool filter backwash, untreated runoff from the washing of
toxic materials from paved or unpaved areas, discharge of untreated runoff from washing
impervious surfaces at sites of industrial activity, unless specifically required by State or local
health and safety codes, discharge from washing out of concrete trucks, or solid waste,
discharged to the MS4.
10.04.01.050 "Solid Waste" shall have the meaning ascribed by Public Resources
Code Section 40191, as it, from time to time, may be amended.
10.04.01.055 "Stormwater" shall mean stormwater runoff, snow melt runoff, and
surface runoff and drainage.
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10.04.02.005 Illicit Discharges. No person shall cause any illicit discharge to enter
the MS4 unless such discharge: (1) consists of non-stormwater that is authorized by an NPDES
permit; or (2) is associated with fie fighting activities; or (3) is a discharge which is exempt or
conditionally exempt in accordance with an applicable order of the California Regional Water
Quality Control Board - Los Angeles.
10.04.02.010 Illicit Connections. No person shall use or suffer any illicit connection
to convey an illicit discharge from premises of which that person is an owner or is in day-to-day
charge to the MS4.
10.04.02.015 Control of Pollutants from Sites of Industrial Activity
(a) It shall be a violation of this Chapter for any person or entity required under
federal or state law to have a NPDES Stormwater Permit for a facility or activity in the City to
operate such a facility or activity in the City which discharges to the City's MS4 without a
NPDES Stormwater Permit.
(b) Any person or entity in the City required to have a NPDES Stormwater Permit
for a facility or activity in the City which discharges to the City's MS4 shall retain at such
facility or activity the following documents which evidence compliance with permit
requirements: (i) a copy of the Notice of Intent to comply with the State Permit to Discharge
Stormwater Associated with Industrial Activity where appropriate; (ii) a waste discharge
identification number issued by the Sate Water Resources Control Board where appropriate; (iii)
a stormwater pollution prevention plan; (iv) any stormwater quality data; and (v) a plan
containing urban runoff mitigation features where appropriate.
(c) Any person or entity in the City required to have a NPDES Stormwater Permit
for a facility or activity in the City which discharges to the City's MS4, upon request from a fully
authorized officer of the City, shall make available to the City all of the documents described
in paragraph (b) of this Section during any City stormwater-related educational program and
to demonstrate compliance with such NPDES Stormwater Permit, including, but not limited to,
the adequacy of and compliance with any SWPPP required thereunder.
10.04.02.020 Spills- Dumping and Disposal
(a) No person shall dump, deposit, release, spill, leak, pump, pour, emit, empty,
discharge, inject, bury or dispose into the environment any solid waste or liquid waste, including
any pollutant, in or upon any part of the MS4, or upon any public or private premises in the
City, or to cause, suffer, or permit any solid waste or liquid waste or other pollutant to come to
be located upon, in, on or under any premises in the City, except in an authorized or permitted
solid waste container or at an authorized or permitted solid waste facility or publicly owned or
privately owned treatment works.
(b) No person shall dispose of leaves, dirt or other landscape debris into any part
of the MS4.
(c) No person shall dispose of any pesticide, fungicide, or herbicide banned by the
United States Environmental Protection Agency or the California Department of Pesticide
Regulation, oritssuccessor, into any part of the MS4.
(d) No person shall dispose of any Hazardous Substance or Hazardous Material into
any Civic Litter Container.
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10.04.03.005 Best Management Practices The owner, occupant or other person in
charge of day-to-day operation of each premises within the City shall implement Best
Management Practices or use Good Housekeeping Practices, as applicable, as follows:
(a) For premises with parking lots with more than 25 parking spaces exposed to
stormwater which parking lots are associated with industrial or commercial activities, according
to the United States Office of Management and Budget Standard Industrial Classification Code,
the owner, occupant or other person in charge of day-to-day operation shall use BMPs to reduce
the discharge of pollutants to the maximum extent practicable. Such measures may include
regular sweeping or other measures, if effective.
(b) For premises where machinery or other equipment which is repaired or
maintained at facilities or activities associated with industrial or commercial activities,
according to the United States Office of Management and Budget Standard Industrial
Classification Code, the owner, occupant or other person in charge of day-to-day operations shall
use BMPs or other steps to prevent discharge of maintenance or repair related pollutants to the
MS4.
(c) For other premises exposed to stormwater, the owner, occupant or other person
in charge of day-to-day operations shall use BMPs, if they exist, or other steps to reduce the
discharge of pollutants to the maximum extent practicable, including the removal and lawful
disposal of any solid waste or any other substance which, if it were to be discharged to the MS4,
would be a pollutant, including fuels, waste fuels, chemicals, chemical wastes and animal
wastes, from any part of the premises exposed to stormwater.
10.04.04.005. Construction Stormwater Measures
(a) On and after January 1, 1997, each person applying to the City for a grading
permit for projects with disturbed areas of five or more acres must submit satisfactory proof to
City: (i) that a Notice of Intent (NOI) to comply with a State Construction Activity Stormwater
Permit has been filed; and (ii) that a stormwater pollution prevention plan has been prepared
before the City shall issue. any grading or building permit on the construction project.
(b) On and after the effective dates of Development Construction Guidance adopted
by the Regional Water Quality Control Board - Los Angeles pursuant to an effective NPDES
Stormwater Permit, as adopted by the City, applicants for approval of projects to which the
Development Construction Guidance applies shall prepare and submit to City, and implement
appropriate wet weather erosion control and stormwater pollution prevention plans which
include all applicable BMPs.
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10.04.05.005'Violation. Violation of any provision of this Chapter, any stormwater
pollution prevention plan or any permit issued pursuant to this Chapter shall be a
misdemeanor.
10.04.05.010 Notices of Violation: Administrative Orders. The Director of Building
and Engineering Services, or the Director's designees, may issue Notices of Violation and
Administrative Orders to achieve compliance with the provisions of this Chapter, any approved
stormwater pollution prevention plan or any permit issued pursuant to this Chapter. Failure
to comply with the terms and conditions of such a Notice of Violation or an Administrative
Order shall constitute a violation of this Chapter.
10.04.05.015 Nuisanc . The violation of any provision of this Chapter is hereby
declared to be a nuisance, and may be abated by the City in accordance with its authority to
abate nuisances.
10.04.05.020 Remedies not. Exclusive. The remedies listed in this Chapter are not
exclusive of any other remedies available to the City under any applicable federal, state or local
law and it is within the discretion of the City to seek cumulative remedies.
10.04.05.025 Inspections• Searches. Whenever necessary to make an inspection to
enforce any provisions of this Chapter, the enforcement officer for the City may enter any
property in the City regulated by this Chapter in a manner authorized by State law.
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FEES
10.04.06.005 Fe s. The City Council may establish fees for the services provided
under this Chapter and such fees shall be fixed and established from time to time by the City
Council by resolution.
SECTION 2. This Ordinance shall not take effect until thirty (30) days after its final
passage. This Ordinance is subject to the provisions for referendum applicable to a City as set
forth in Section 4050 of the Elections Code of the State of California.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance, is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ,Ordinance. The City
Council hereby declares that it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections; subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall
cause a summary thereof to be published as required by Law.
PASSED AND APPROVED this day of '19—.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, George A. Caravalho, City Manager/City Clerk of the City of Santa Clarita, do hereby
certify that the foregoing Ordinance No. 96-32 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the day of ,
19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the City Council on the day of 19 by the
following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
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