Ordinance No. 1031
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ORDINANCE NO. 1031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, BY REPEALING CHAPTER 21,
SEWERS AND SEWAGE DISPOSAL, OF THE CODE OF THE
CITY OF VERNON, CALIFORNIA, 1959, AND ADDING
CHAPTER 21 THERETO REGARDING SEWERS AND STORM
DRAINS AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH
WHEREAS, in order to meet California Regional Water
Control Board discharge requirements for storm water and
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urban runoff, the city Council adopted Resolution No. 6366 on
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December 7, 1993, whereby it became a co-permittee under the
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National Pollutant Discharge Elimination System permit issued to
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the County of Los Angeles; and
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WHEREAS, the City of Vernon is required to adopt a water
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pollution control ordinance or show other adequate legal authority
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by June 30, 1995; and
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WHEREAS, the Code of the City of Vernon, California,
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1959, contains various provisions on sewers, sewage disposal,
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garbage, rubbish, weeds, underground storage tanks, hazardous
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materials spills, encroachments, building codes, and health
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regulations pertaining to vehicles which collect garbage, offal,
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and sewage, all of which relate to storm water and urban runoff
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discharge, but some of which need to be clarified, amended, and/or
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codified; and
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WHEREAS, the Acting Director of Community Services has
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recommended that the existing Chapter 21, Sewers and Sewage
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Disposal, of the Code of the City of Vernon, California, 1959, be
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revised and updated to reflect new federal and state standards.
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THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
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5 SECTION 2 : The City Council of the City of Vernon hereby
6 repeals Chapter 21, Sewers and Sewage Disposal, of the Code of the
7 City of Vernon, California, 1959.
8 SECTION 3 : The City Council of the City of Vernon hereby
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amends the Code of the City of Vernon, California, 1959, by adding
10 Chapter 21, Sewers and Storm Drains, of the Code of the City of
11 Vernon, California, 1959, as set forth in Exhibit A which is
12 attached hereto and made a part hereof by reference.
13 SECTION 4: Any ordinance or parts of ordinances in
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conflict with this Ordinance are hereby repealed.
SECTION 5: If any section, subsection, sentence, clause,
phrase or word of this ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance; it being the
intention of the City Council of the City of Vernon to pass and
adopt this ordinance and each section, subsection, sentence,
clause or phrase thereof irrespective of the fact that one or more
of the sections, subsections, clauses, sentences or phrases
thereof may be declared to be invalid or unconstitutional.
SECTION 6: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with section 36933 of the
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Government Code, in three (3) of the most public places in the
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City of Vernon, to wit: the northwest corner of 38th street and
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santa Fe Avenue, the northeast corner of Leonis Boulevard and
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Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
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the city of Vernon, County of Los Angeles, State of California.
SECTION 7: This ordinance shall be in full force and
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8 effect thirty (30) days from and after its passage by the City
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ATTEST:
A
BRUCE V.
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APPROVED AND ADOPTED this
27th day of
June
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MALKENHORST, city Clerk
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1 STATE OF CALIFORNIA
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2 COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Ordinance, being
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Ordinance No. 1031, was duly and regularly introduced at a regular
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meeting of the City Council of the City of Vernon, held on
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Tuesday, June 20, 1995, and thereafter finally adopted at an
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adjourned regular meeting of said City Council held on Tuesday,
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June 27, 1995, and thereafter was duly signed by the Mayor of the
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City of Vernon, by the following vote:
AYES: 4
Councilmen: Malburg, Ybarra, Gonzales, Davis
Councilmen: None
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NOES: 0
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ABSENT: 1
counci Imen: McCormick
A-A~/U-~
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT A
CHAPTER 21
SEWERS AND STORM DRAINS
ARTICLE 1. General
Sec. 21.1. City Engineer; Health Officer.
The Director of Community Services as the city engineer shall
have charge and control of all sewers and storm drains in the City
and shall construct, operate, maintain, and repair all such
systems subject to the direction of the City Council. The city
engineer and/or the health officer shall enforce the provisions of
this chapter.
Sec. 21.2. Definitions.
For purposes of this chapter, the following definitions shall
apply.
Cesspool shall mean a lined excavation in the ground which
receives the discharge of a wastewater drainage system or part
thereof, designed and constructed so as to retain the organic
matter and solids therein, but permitting the liquids to seep
through the bottom and sides.
Domes~ic was~ewater shall mean the wastewater from non-
industrial activities which result from normal human living
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processes irrespective of whether these wastes are discharged into
the sewer system, a cesspool, or a septic tank.
Industrial wastewater shall mean all wastewater excluding
domestic wastewater. Industrial wastewater may include all
wastewater from any producing, manufacturing, processing,
institutional, commercial, agricultural, or other operation where
the wastewater discharged includes significant quantities of
wastes of non-human origin. All liquid wastes hauled by truck,
rail, or other means for disposal to the sewer, including domestic
wastewater so delivered, shall be considered industrial wastewater
regardless of the original source of the wastes;
Non-stormwater runoff shall mean the flow of any fluid into
the storm drain that is not entirely composed of stormwater.
NPDES shall mean National Pollutant Discharge Elimination
System as regulated by the California Regional Water Quality
Control Board.
Person shall mean an individual, trust, firm, partnership,
corporation, or other legal entity.
Privy shall mean a structure used as a toilet room in which
human wastes are deposited directly onto the surface of the ground
or into a hole dug into the ground. privies are also commonly
known as outhouses. Privy shall not include a portable toilet
used at construction sites or for temporary events as approved by
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the health officer.
Public Sanirary Sewer Sysrem as used in section 374.2 of the
Penal Code of the State of California shall include the city
sewers and the public storm drain system for purposes of
enforcement in the city.
Rainwarer diversion sysrem shall mean any combination of
rainfall sensors, valves, pumps and other appurtenances which are
designed to automatically detect a rainfall event and, upon
detection, to divert stormwater away from the sewer and into the
storm drain. All designs of rainwater diversion systems are
subject to the approval of the city engineer and the Sanitation
Districts.
Sanirarion Disrricrs shall mean County Sanitation Districts
Number 1, 2, and 23 of Los Angeles County.
Sepric rank shall mean a watertight receptacle which receives
the discharge of a wastewater drainage system or part thereof,
designed and constructed so as to retain solids, to digest organic
matter through a period of detention, and to allow the liquids to
discharge into the soil outside of the tank through a system of
open joint piping or a seepage pit.
Sewer shall mean the lateral and connecting pipes, sumps,
tanks, and all other means of handling, gathering, and disposing
of wastewater into the city sewer system, and shall exclude the
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storm drain system.
Sewerage shall mean any and all stationary facilities used
for collecting, conveying, pumping, treating and disposing of
waste and wastewater.
Storm drain shall mean any pipe, curb, gutter, catch basin,
street, road, alley, waterway, watercourse, drain, ditch, channel,
stream bed, river bed, or tributary, whether natural or
artificial, which is designed for or serves the purpose of
carrying off storm waters, but does not include a sewer.
Storm water runoff shall mean the flow of rainwater or melted
hail or snow.
Wastewater shall mean the liquid carried wastes of the
community including all constituents and residues thereof.
Wastewater is also called sewage and includes domestic and
industrial wastewater, but wastewater does not include rainwater,
stormwater, groundwater or drainage of other water.
ARTICLE II. Sewers
Sec. 21.3. Damage to the public sewer.
It shall be unlawful to place, throw, dump, drain, or deposit
by any means, or cause to be placed, thrown, dumped, drained, or
deposited by any means, any solid matter, liquids, chemicals,
poisonous or explosive liquids or gases, oils, grease, or any
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other thing whatsoever which would, or could, cause damage,
obstruct, or in any way interfere with or prevent the effective
use or operation of the public sewer or create a condition that
would require excessive maintenance. of the public sewer.
Sec. 21.4.
Rain or surface water not to be connected with the
public sewer.
It shall be unlawful for any person to connect any roof
conductor, yard drain or any other conduit used for carrying off
rainwater with any sanitary sewer of the city unless said
connection is provided with a rainwater diversion system approved
by the city engineer.
Sec. 21.5.
privies, cesspools and septic tanks prohibited.
It shall be unlawful for any person to erect or maintain a
privy in the city or to install a cesspool or septic tank in the
city. Existing cesspools and septic tanks may be continued by
written permit from the city engineer, but shall be connected to
the city sewer when access becomes available.
Sec. 21.6.
Connection to sewer required.
Each property or parcel on which domestic or industrial
wastewater is generated shall have a connection to the city sewer
for the disposal of said wastewater or shall have other means of
disposing of the wastewater subject to the approval of the city
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engineer. Any new connections to the public sewer shall require
the approval of the city engineer and the Sanitation Districts.
Sec. 21.7.
Industrial wastewater discharge permit required.
It shall be unlawful for any person to discharge industrial
wastewater into the city sewer unless said person acquires, and
maintains in effect, an industrial wastewater discharge permit
from the Sanitation Districts. Said permit shall be obtained
prior to discharging any industrial wastewater. The quality and
quantity of the wastewater shall be subject to the approval of the
city engineer and the Sanitation Districts. Certain industrial
wastewater discharges may be exempted from the requirement for an
industrial wastewater discharge permit at the sole discretion of
the Sanitation Districts. All applications for an industrial
wastewater discharge permit shall be submitted to the city for
approval prior to submittal to the Sanitation Districts, and the
city and the Sanitation Districts may impose fees for the issuance
of said permit.
Sec. 21.8.
Excessive flow rates prohibited.
It shall be unlawful for any person to discharge any
industrial wastewater in such a manner that the peak flow rates
exceed the designed capacity of the city sewer, exceed the peak
flow rate approved by the city engineer in the discharger's
industrial wastewater discharge permit, or cause adverse hydraulic
conditions within the sewer as determined by the city engineer.
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Any design, construction, and administrative expenses incurred in
an effort to accommodate excessive flow rates in the city sewer
system shall be borne by the discharger of such excessive flows.
Sec. 21.9. to Sec. 21.12.
(reserved)
ARTICLE III. storm Drains.
Sec. 21.13. Discharge of non-stormwater flows to storm drain
prohibited.
It shall be unlawful for any person to dump, drain, deposit,
or discharge or cause to be dumped, drained, deposited, or
discharged any non-stormwater flows into the storm drain unless
such discharge is in compliance with a valid NPDES permit.
Certain non-stormwater flows may be exempted from the requirement
for a NPDES permit at the discretion of the city engineer and in
accordance with the municipal NPDES permit issued to the Los
Angeles County Department of Public Works for the Los Angeles
River watershed.
Sec. 21.14
Unlawful discharges and connections prohibited.
It shall be unlawful for any person to establish, use,
maintain, or continue to use any drainage connections to the storm
drain system without a current permit. This prohibition is
retroactive and applies to connection made in the past.
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Sec. 21.15. Unlawful discharge of materials.
It shall be unlawful for any person to place, throw, deposit,
discharge, or cause to be placed, thrown, deposited, or discharged
any material, wastewater, or other substance, directly or
indirectly onto the surface of the ground or into any storm drain
in such a manner which (a) may liberate or produce any noxious or
offensive odors, (b) may cause unsightly or offensive deposits,
(c) may be injurious, deleterious or dangerous to public health,
(d) may cause a nuisance, (e) may cause an impairment of the
quality of such waters, or (f) may adversely or unreasonably
affect such waters for domestic, recreational, or other beneficial
uses.
Sec. 21.16. Construction activity.
Any person engaging in construction activity that requires an
NPDES construction permit must demonstrate possession of such
permit before grading and/or building permits can be issued. The
NPDES permit shall be retained on site and shall be shown to city
officers or inspectors at their request. All construction
activities, whether performed under an NPDES permit or not, shall
be performed in such manner that such activities will not violate
section 21. 15.
Sec. 21.17. Industrial/Commercial activity.
Any person engaging in industrial or commercial activity in
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such manner as to be required to have an NPDES permit shall
acquire such permit before beginning any such activities. The
NPDES permit shall be retained on site and shall be shown to city
officers or inspectors upon request.
Sec 21.18. to Sec. 21.20. (reserved)
ARTICLE IV. Enforcement
Sec. 21.21. violation of this chapter a public nuisance.
Every violation of this chapter is a misdemeanor and a public
nuisance. Any person who is cited for any violation of this
article shall abate said violation forthwith. The Director of
Community Services (a) may revoke the certificate of occupancy of
any person and (b) to the extent necessary, may terminate water
and power service to any occupancy in order to abate a violation
of this chapter.
Sec. 21.22. Containment and testing.
The health officer may order any person who stores any
material which may adversely affect stormwater quality to provide
adequate secondary containment for such material. If the health
officer has a reasonable basis to believe that any person's
stormwater runoff may adversely affect stormwater quality, the
health officer may order said person to take representative
samples of the stormwater runoff and have these samples tested as
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directed by the health officer.
Sec. 21.23. Charge for excessive maintenance.
Any excessive sewer, sewerage, or storm drain maintenance
expenses or reconstruction costs including administrative costs
attributable to any unlawful activity shall be invoiced to the
person or persons causing or contributing to such conditions. If
the invoice is not paid within sixty (60) days, the city Council
may authorize a lien upon and against the real property from which
the discharge was made. If the lien is not satisfied within
ninety (90) days of imposition, the lien may be enforced in like
manner to other real property liens, including sale under
execution.
Sec. 21.24. Abatement of unlawful discharges.
When wastewater, any noxious or dangerous material, or any
other substance, is overflowing or being discharged, deposited,
drained, or placed upon the surface of the ground, or when any
unlawful material has been placed, thrown, deposited, or
discharged into a sewer or storm drain, the health officer may
order the person or persons who caused or contributed to such
condition and, if applicable, the property owner to abate the same
forthwith, and to restore all property affected or damaged. If
not so abated within the time allowed or in an emergency, the
health officer may take any reasonable action to abate such
condition and restore all property affected or damaged.
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The cost of such abatement and restoration shall be borne by
the persons causing or contributing to such condition, and/or by
the owner of the property from which the discharge was made, and
the cost thereof shall be invoiced to such persons and/or the
owner of the property. If the invoice is not paid within sixty
(60) days, the City Council may authorize a lien upon and against
the real property. If the lien is not satisfied within ninety
(90) days of imposition, the lien may be enforced in like manner
to other real property liens, including sale under execution.
Sec. 21.25. Legal costs.
In any administrative or legal proceeding under this chapter
in which the city prevails, the city shall have a right to all
legal costs and reasonable attorney fees.
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SUPPORTING
DOCUMENTS
CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ~
CITY OF VERNON )
I, Gloria. J. Orosco, Chief Deputy city Clerk of the City of
Vernon, County of Los Angeles, state of California, do hereby
certify that the attached is a true and correct copy of:
Ordinance No. 1031 of the City of Vernon Amending the
Code of the City of Vernon, California, 1959, by
Repealing Chapter 21, Sewers and Sewage Disposal, of
the Code of the City of Vernon, California, 1959, and
Adding Chapter 21 Thereto Regarding Sewers and Storm
Drain and Repealing All Ordinances or Parts of
Ordinances in Conflict Therewith
The original of same is on file in the City Clerk's Department of
the City of Vernon, said offices being in the City of Vernon,
County of Los Angeles, State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the city of Vernon, County of Los Angeles,
State of California, this 29th day of June, 1995.
SEAL:
Clerk
:Crtficat