Ordinance No. 1088r
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ORDINANCE NO. 1088
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 STORM DRAINS, ADDING A NEW CHAPTER 21 THERETO
REGARDING SEWERS AND STORM DRAINS, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH AND DECLARING THAT SAID ORDINANCE SHALL
TAKE EFFECT IMMEDIATELY
WHEREAS, the United States Congress has determined that
pollutants in storm water and non -storm water runoff (also referred to
as "urban runoff"), are responsible for the environmental degradation of
oceans, lakes, rivers, and other waters of the United States; and
WHEREAS, in 1987, Congress amended the Clean Water Act of
1972 to extend National Pollutant Discharge Elimination System
(hereinafter "NPDES") permit requirements to regulate storm water and
urban runoff discharge into municipal storm drain systems; and
WHEREAS, a municipal NPDES permit allows cities and counties
to discharge storm water and certain categories of non -storm water
runoff from their jurisdictions into waters of the United States,
provided that such municipalities implement a runoff management
program; and
WHEREAS, the State of California has been granted authority
by the United States Environmental Protection Agency to administer the
NPDES storm water program through the State Water Resources Control
Board and its regional boards; and
WHEREAS, on December 7, 1993, the City Council of the City
of Vernon approved and adopted Resolution No. 6366, whereby it became
a co-permittee under the NPDES permit issued to the County of Los
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Angeles; and
WHEREAS, on June 27, 1995, the City Council of the City of
Vernon adopted Ordinance No. 1031 to meet the requirement of adopting
a water pollution control ordinance reflecting current federal and
estate standards; and
WHEREAS, on July 15, 1996, through Order No. 96-054, the
California Regional Water Quality Control Board, Los Angeles Region
(hereinafter "Regional Board") adopted Waste Discharge Requirements
for Municipal Storm Water and Urban Runoff Discharges within the
County of Los Angeles, under NPDES Permit No. CAS614001 (hereinafter
"municipal NPDES permit"), which superceded the previous permit; and
WHEREAS, the County of Los Angeles and 85 incorporated
cities within Los Angeles County are subject to the municipal NPDES
permit; and
WHEREAS, the municipal NPDES permit designates the County of
Los Angeles as the principal permittee and the City of Vernon
(hereinafter "City"), as a co-permittee; and
WHEREAS, the municipal NPDES permit requires the City to
develop runoff pollution management programs for implementation within
its jurisdiction to reduce pollutants to receiving waters; and
WHEREAS, the City's adoption of Ordinance No. 1031
established the legal authority called for under the municipal NPDES
permit adopted on July 15, 1996; and
WHEREAS, on January 3, 2001, the Vernon City Council adopted
Ordinance No. 1082, which established legal authority to compel
compliance with the Standard Urban Storm Water Mitigation Plan
("SUSMP") issued by the Executive Officer of the Regional Board on
March 8, 2000 and modified by the State Water Resources Control Board
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1 on October 5, 2000; and
2 WHEREAS, on December 13, 2001, the Regional Board reissued
3 the municipal NPDES permit through Order No. 01-182, NPDES Permit No.
4 CAS004001 (hereinafter "new municipal NPDES permit"); and
5 WHEREAS, the City as a permittee under the new municipal
6 NPDES permit is required to adopt an ordinance to take effect by
7 September 2, 2002, in order to have additional legal authority to
8 implement requirements of the new municipal NPDES permit; and
9 WHEREAS, the City has authority under the California Water
10 Code to adopt and enforce ordinances conditioning, restricting, and
11 limiting activities that might degrade the quality of the waters of
12 the State of California; and
13 WHEREAS, Chapter 21 of the Vernon City Code pertains to
14 sewers and storm drains; and
15 WHEREAS, the Director of Community Services & Water has
16 recommended that the existing Chapter 21, Sewers and Storm Drains, of
17 the Vernon City Code, be revised and updated to establish additional
18 legal authority associated with the new municipal NPDES permit because
19 of new requirements pertaining to (1) SUSMP mitigation measures for
20 new development and redevelopment projects; (2) development
21 construction conditions for projects above and below one acre; and (3)
22 industrial and commercial compliance with on -site pollution prevention
23 measures; and
24 WHEREAS, Chapters 4.3(e) and 4.4 of the City of Vernon
25 Charter provide that an ordinance declared by the City Council to be
26 necessary as an emergency measure for the immediate preservation of
27 the public peace, health, or safety, and containing a statement of the
28 reasons for its urgency, may be adopted in the manner provided in said
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Charter, except that such emergency ordinance may be introduced and
adopted at one in the same regular or special meeting, and shall take
effect immediately; and
WHEREAS, there is an urgency in adopting this ordinance in
order to establish additional legal authority to implement new
municipal NPDES permit requirements by September 2, 2002, for the
immediate preservation of the public peace, health, safety, comfort,
convenience and general welfare of the City of Vernon and its
inhabitants, employees and businesses.
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 true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
repeals Chapter 21, Sewers and Storm Drains, of the Vernon City Code.
SECTION 3: The City Council of the City of Vernon hereby
amends the Vernon City Code by adding a new Chapter 21, Sewers and
Storm Drains, of the Vernon City Code, as set forth in Exhibit "A"
which is attached hereto and made a part hereof by reference.
SECTION 4: This ordinance is declared to be urgently
required for the immediate preservation of the public peace, health,
safety, comfort, convenience and general welfare of the City of Vernon
and its inhabitants, and shall take effect immediately upon its
adoption. The following is a statement of the facts necessitating the
urgency:
a. In order to implement the requirements of the new
municipal NPDES permit, the City needs to establish additional legal
authority prior to September 2, 2002.
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1 b. Absent immediate adoption, the City would be unable to
2 conform to the new municipal NPDES permit, thereby detrimentally
3 affecting the lives and quality of life of residents, businesses and
4 employees.
5 SECTION 5: Any ordinance or parts of ordinances in conflict
6 with this Ordinance are hereby repealed, specifically those portions
7 of Ordinance Nos. 1031 and 1082 that are in conflict.
8 SECTION 6: If any section, subsection, sentence, clause,
9 phrase or word of this Ordinance is for any reason held to be void or
10 unconstitutional, such decision shall not affect the validity of the
11 remaining portions of this Ordinance; it being the intention of the
12 City Council of the City of Vernon to pass and adopt this Ordinance
13 and each section, subsection, sentence, clause or phrase thereof
14 irrespective of the fact that one or more of the sections,
15 subsections, clauses, sentences or phrases thereof may be declared to
16 be invalid or unconstitutional.
17 SECTION 7: There being no newspaper printed, published or
18 circulated in the City of Vernon, the City Clerk is hereby directed to
19 certify to the passage of this ordinance and shall post the same, or
20 cause the same to be posted, within fifteen (15) days after its passage
21 in accordance with Section 36933 of the Government Code, in three (3) of
22 the most public places in the City of Vernon, to wit: the northwest
23 corner of 38th Street and Santa Fe Avenue, the northeast corner of
24 Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the
25 lobby of the City Hall of said City, located at 4305 Santa Fe Avenue,
26 all in the City of Vernon, County of Los Angeles, State of California.
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SECTION 8: This Ordinance shall take effect immediately
upon adoption.
APPROVED AND ADOPTED this 215t day of August, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB RG, Ma or
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. 1088,
was duly and regularly introduced at a regular meeting of the City
Council of the City of Vernon, held on Wednesday, August 21, 2002, and
thereafter was duly signed by the Mayor of the City of Vernon, by the
following vote:
(SEAL)
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
LJi\V l..l'� V • L"11'11J1\L'_i1V11 V1\J 1, lil t-y '-L C.L J1
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EXHIBIT "A"
Chapter 21
Table of Contents
Page
ARTICLE I. INTRODUCTION. .......................................................................................................................................................
. I
Sec.21.1.1.
Title. ............................................................................................................................................................................
. I
Sec. 21.1.2.
Statutory authority.........................................................................................................................................................
I
Sec. 21.1.3.
Purpose and intent ....................................................................... ..................................................................................
I
ARTICLE II. DEFINITIONS. ...........................................................................................................................................................
I
Sec. 21.2.1.
Purpose of definitions; words defined...............................................................................................................I............
1
Sec. 21.2.2.
Definitions (A-13)................................................................................... .......................................................................
2
Sec. 21.2.3.
Definitions(C-D)..........................................................................................................................................................
2
Sec. 21.2.4.
Definitions(E-H)..........................................................................................................................................................
2
Sec. 21.2.5.
Definitions(I)...............................................................................................................................................................
2
Sec. 21.2.6.
Definitions(J-M)..........................................................................................................................................................
3
Sec. 21.2.7.
Definitions(N-O)..........................................................................................................................................................
3
Sec. 21.2.8.
Definitions (P-Q)•.........................................................................................................................................................
3
Sec. 21.2.9.
Definitions(R)..................................:..................................................................................................:........:...............
4
Sec. 21.2.10.
Definitions(S-V)........................................................................................................................................................
4
Sec. 21.2.11.
Definitions (W-Z).......................................................................... .............................................................................
5
ARTICLE III. IN GENERAL. ..........................................................................................................................................................
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Sec. 21.3.1.
Local Authority.............................................................................................................................................................
5
ARTICLE IV. SEWERS.
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Sec. 21.4.1.
Damage to the public sewer...........................................................................................................................................
5
Sec. 21.4.2.
Rain or surface water not to be connected with the public sewer....................................................................................
5
Sec. 21.4.3.
Privies, cesspools and septic tanks prohibited................................................................................................................
5
Sec. 21.4.4.
Connection to sewer required........................................................................................................................................
5
Sec. 21.4.5.
Industrial wastewater discharge permit required............................................................................................................
6
Sec. 21.4.6.
Excessive flow rates prohibited.....................................................................................................................................
6
ARTICLE V. STORM
DRAINS.
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Sec. 21.5.1.
Illicit discharges, dumping, and non -storm water discharges..........................................................................................
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Sec. 21.5.2.
Illicit connections. .........................................................................................................................................................
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Sec. 21.5.3.
Reduction of pollutants in runoff...................................................................................................................................
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Sec. 21.5.4.
Control of pollutants from commercial facilities.............................................................
7
Sec. 21.5.5.
Control of pollutants from industrial activities...............................................................................................................
7
Sec. 21.5.6.
Control of pollutants from other industrial facilities.......................................................................................................
8
Sec. 21.5.7.
Control of pollutants from state permitted construction activities...................................................................................
8
Sec. 21.5.8.
Control of pollutants from other construction activities ............... ......... ......... .........
......... ......... ............... 8
Sec. 21.5.9.
Control of pollutants from new developments/redevelopment projects...........................................................................
8
ARTICLE VI. ENFORCEMENT. ......................................................................................................................................................
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Sec. 21.6.1.
Violation of this chapter a public nuisance....................................................................................................................
9
Sec. 21.6.2.
Containment and testing..., ............................................................................................................................................
9
Sec. 21.6.3.
Charge for excessive maintenance ................ I................................................................................................................
9
Sec. 21.6.4.
Abatement of illicit or unlawful discharges....................................................................................................................
9
Sec. 21.6.5.
Legal costs...................................................................................................................................................................10
Sec. 21.6.6.
Rules and regulations generally....................................................................................................................................10
(i)
Chapter 21
SEWERS AND STORM DRAINS
Article I. Introduction.
Sec.21.1.1. Title.
This chapter shall be known as the Sewers and Storm Drains Ordinance of the City of Vernon (hereinafter "this
chapter"), which for convenience may be referred to as the "Sewer and Storm Drain Ordinance."
Sec. 21.1.2. Statutory authority.
The provisions of this chapter are adopted pursuant to the Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. §§ 1251, et seg.
Sec. 21.1.3. Purpose and intent.
The purpose of this chapter is to protect and improve water quality of receiving waters by any or all of the
following:
(a) Reducing illicit discharges to the municipal storm water system, to the maximum extent practicable.
(b) Eliminating illicit connections to the municipal storm water system.
(c) Eliminating spillage, dumping, and disposal of pollutant materials into the municipal storm water system.
(d) Reducing pollutant loads in storm water and urban runoff, from land uses and activities identified in the
municipal NPDES permit.
The intent of the provisions in this chapter is to enhance and protect the water quality of the receiving waters of the
United States in a manner that is consistent with the Clean Water Act and acts amendatory thereof or supplementary
thereto; applicable implementing regulations; the municipal NPDES permit and any amendment, revision, or re -
issuance thereof.
Article H. Definitions.
Sec. 21.2.1. .Purpose of definitions; words defined.
For the purposes of this chapter, certain words and terms are defined and shall be construed as herein set forth,
unless otherwise expressly stated, or unless the context in which the words or terms are used clearly indicates a
different intention.
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Sec. 21.2.2. Definitions (A-B).
"Best management practice" or "BMP" means any program, technology, process, siting criteria, operating
method, measure, or device which controls, prevents, removes, or reduces pollutants in storm water and non -storm
water runoff.
Sec. 21.2.3. Definitions (C-D).
"Cesspool" means 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.
"City council" means the city council of the City of Vernon.
"Clean Water Act" means the Federal Water Pollution Control Act as amended, 33 U.S.C. §§ 1251, et seq.
"Commercial facility" means restaurants, automotive service facilities, automotive dealerships, and retail
gasoline station outlets or any other definition provided in the municipal NPDES permit or Storm Water
Quality Management Plan.
"Domestic wastewater" means a wastewater from non -industrial activities that result from normal human living
processes irrespective of whether these wastes are discharged into the sewer system, a cesspool, or a septic tank.
Sec. 21.2.4. Definitions (E-H).
"Executive officer" means Executive Officer of the California Regional Water Quality Control Board, Los Angeles.
Sec. 21.2.5. Definitions (1).
"Illicit connection" means any device through or by which an illicit discharge is conveyed into the municipal storm
water system without a permit, including but not limited to floor drains, pipes or any fabricated or natural conduits,
excluding roof drains which convey only storm water.
"Illicit discharge " means the entry of any material other than storm water unless such discharge is exempted under
the municipal NPDES permit, is allowed under a separate NPDES permit, including but not limited to a point source
permit, a General Industrial Activity Storm Water permit, or a General Construction Activity Storm Water permit,
or is allowed by the Executive Officer.
"Industrial activity" means any of the ten classifications of industrial facilities specified in 40 Code of Federal
Regulations § 122.26 (b)(14), specifically § 122.26(b)(14)(i)-(ix), and (xi), defined by Standard Industrial
Classification (SIC) and which is required to obtain a NPDES permit. Industrial activity does not include
construction activities as defined in 40 Code of Federal Regulations § 122.26(b)(14)(x).
"Industrial wastewater" means all wastewater, excluding domestic wastewater. Industrial wastewater may include
all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other
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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.
See. 21.2.6. Definitions (J-M).
"Maximum extent practicable " means, within the context of BMP selection, choosing effective BMPs, and rejecting
applicable BMPs only (i) where effective BMPs will serve the same purpose, (ii) where the BMPs would not be
technically feasible, and/or (iii) where the cost would be prohibitive.
"Municipal NPDES permit" means California Regional Water Quality Control Board, Los Angeles Region,
Order No. 01-182, NPDES Permit No. CAS004001, Waste Discharge Requirements for Municipal Storm
Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein,
Except the City of Long Beach, and any amendment thereto or re -issuance thereof.
"Municipal Separate Storm Sewer System" or "MS4" means those facilities within the city by which storm water
discharge is conveyed to waters of the United States, including but not limited to flood control channels, roads with
drainage systems, alleys, streets, catch basins, grates, inlets, curbs, gutters, ditches, storm drains, canals, pipes, and
fabricated and natural channels.
Sec. 21.2.7. Definitions (N-O).
"National Pollutant Discharge Elimination System" or "NPDES" means a permit issued by the United States
Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality
Control Board pursuant to the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U. S. C. §§ 1251, et seq., that authorizes discharges to waters of the United States.
"Non -storm water discharge " means any fluid discharge to the storm drain system and/or receiving waters that is
not composed entirely of storm water but may not necessarily be an illicit discharge.
"Owner" or "owns" as applied to a building or real property, shall mean any part owner, joint owner, tenant in
common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or real
property.
Sec. 21.2.8. Definitions (P-Q).
"Person" means an individual, trust, firm, partnership, corporation, or other legal entity.
"Privy" means 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 the health officer.
"Pollutant" as used in this chapter, has the same meaning as set forth in California Water Code § 13373 and
includes but is not limited to garbage, debris, lawn clippings, leaves, fecal waste, biological waste, sediment, sludge,
manure, fertilizers, pesticides, oil, grease, gasoline, paints, solvents, cleaners, and any fluid or solid containing toxic
or non -toxic chemicals, metals, including batteries.
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"Public Sanitary Sewer System " means as used in Section 374.2 of the Penal Code of the State of California
and shall include the city sewers and the public storm drain system for purposes of enforcement in the city.
Sec. 21.2.9. Definitions (R).
"Rainwater diversion system " means any combination of rainfall sensors, valves, pumps, and other appurtenances,
which are designed to automatically detect a rainfall event and, upon detection, to divert storm water 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.
"Receiving waters" means rivers, lakes, oceans, or other bodies of water that receive runoff.
"Redevelopment" means land -disturbing activity that results in the creation, addition, or replacement of 5,000
square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is
not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of
impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related
to structural or impervious surfaces. It does not include routine maintenance to maintain original line and
grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities
required to immediately protect public health and safety.
"Regional Board" means the appointed members of the California Regional Water Quality Control Board, Los
Angeles Region.
"Runoff" means the portion of rainfall or irrigation water or other water activities also known as dry -weather flows
that flow across the ground surface and eventually to receiving waters. Runoff can pick up pollutants from the air or
the land and carry them to receiving waters.
Sec. 21.2.10. Definitions (S-V).
"Sanitation Districts" means County Sanitation Districts Number 1, 2, and 23 of Los Angeles County.
"Septic tank" means 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 though 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" means 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 storm drain system.
"Sewerage" means any and all stationary facilities used for collecting, conveying, pumping, treating, and disposing
of waste and wastewater.
"Storm drain" means 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.
"State Board" means the State Water Resources Control Board of the California Environmental Protection Agency
(hereinafter "SWRCB").
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"Storm water runoff 'means any surface water flow produced by rain or snow melt.
"Storm Water Quality Management Plan" means the Los Angeles Countywide Stormwater Quality Management
Program, which includes descriptions of programs, collectively developed by the permittees in accordance with
provisions of the NPDES Permit, to comply with applicable federal and state law, as the same is amended from
time to time.
Sec. 21.2.11. Definitions (W-Z).
"Wastewater" means 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, storm water, groundwater or drainage of other water.
Article III. In General.
Sec. 21.3.1. Local Authority
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.
Article IV. Sewers.
Sec. 21.4.1. 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 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. 21.4.2. 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. 21.4.3. 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. 21.4.4. Connection to sewer required.
Each property or parcel on which domestic or industrial wastewater is generated shall have a connection to the
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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 engineer. Any new connections to the public sewer shall require the approval of the
city engineer and the Sanitation Districts.
Sec. 21.4.5. 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. 21.4.6. Excessive flow rates prohibited.
It shall be unlawful for any person to discharge any industrial wastewater in a manner such that the peak flow
rate exceeds the designed capacity of the city sewer, or the peak flow rate exceeds the peak flow rate approved
by the city engineer in the person's industrial wastewater discharge permit, or the peak flow rate causes adverse
hydraulic conditions within the sewer as determined by the city engineer. 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 person who discharged the excessive flow of industrial wastewater.
Article V. Storm Drains.
Sec. 21.5.1. Illicit discharges, dumping, and non -storm water discharges.
(a) No person shall cause or allow an illicit discharge to enter the MS4.
(b) No person shall place, dump, dispose, litter, accumulate, maintain, discharge, or cause to enter into the MS4
any pollutant or any foreign object such as batteries, tires, waste receptacles, yard debris, refuse, rubbish,
food waste, chemicals, animal waste or oil cans. These actions are also considered illicit discharges.
(c) Any person causing an illicit discharge to the MS4 may be required to pay for the cost of clean-up and
remediation.
(d) Any person who owns any private property from which a non -storm water discharge is observed may be
required to pay for the cost of collecting and analyzing the discharge to determine if it is an illicit discharge.
(e) The following non -storm water discharges are not considered illicit discharges:
(1) Discharges determined by the Executive Officer not to be significant sources of pollution,
including but are not limited to: natural springs and rising ground water; flows from riparian
habitats or wetlands; stream diversions, permitted by the State Board; and uncontaminated
ground water infiltration [as defined by 40 CFR 35.2005(20)]; reclaimed and potable landscape
irrigation runoff; potable drinking water supply and distribution system releases (consistent with
American Water Works Association guidelines for dechlorination and suspended solids
reduction practices); drains for foundations, footings, and crawl spaces; air conditioning
condensate; dechlorinated/debrominated swimming pool discharges; dewatering of lakes and
decorative fountains; non-commercial car washing by residents or by non-profit organizations;
and sidewalk rinsing.
(2) Discharges specifically allowed under a separate NPDES permit, including but not limited to, a
General Industrial Storm Water Activity Permit or General Construction Storm Water Activity
Permit.
Sec. 21.5.2. Illicit connections.
(a) No person shall maintain or intentionally use a connection that operates to convey an illicit discharge to the
municipal storm water system.
(b) Upon discovery of an illicit connection, the person owning or operating such connection shall either remove it
or render it incapable of conveying an illicit discharge.
(c) If any person fails to eliminate an illicit connection after being called upon by the city to do so, the city council
or its designee shall impose appropriate measures to remove or disable the illicit connection and may recover
such costs from the person who owns the illicit connection.
Sec. 21.5.3. Reduction of pollutants in runoff.
No person shall cause or threaten to cause the discharge of pollutants to the MS4 by exposing such pollutants to
storm water runoff.
Sec. 21.5.4. Control of pollutants from commercial facilities.
Subject commercial facilities shall implement BMPs prescribed by the regional board or its Executive Officer, through
programs or actions made pursuant to the municipal NPDES permit, as more particularly described in the City's
Storm Water Quality Management Plan, or any revisions made thereto.
Sec. 21.5.5. Control of pollutants from industrial activities.
(a) It shall be a violation of this chapter for any industry in the city that is subject to waste discharge requirements
specified in the SWRCB Water Quality Order No. 97-03-DWQ, Permit No. CAS00001, any revision or a re -
issuance thereof, to operate without a General Industrial Activities Storm Water NPDES Permit.
(b) Industries that require a General Industrial Activities Storm Water NPDES permit shall retain on -site the
following documents: (i) a copy of the Notice of Intent for General Permit to Discharge Storm Water
Associated with Industrial Activity; (ii) a waste discharge identification number issued by the SWRCB; and
(iii) a Storm Water Pollution Prevention Plan and Monitoring Program Plan.
(c) Any industry in the city requiring a General Industrial Activities Storm Water NPDES Permit shall, upon
A-7
reasonable request from a duly authorized officer of the city, provide any of the documents described in
paragraph (b) of this section.
Sec. 21.5.6. Control of pollutants from other industrial facilities.
Industrial facilities not subject to the General Industrial Activities Storm Water NPDES Permit but are subject to
pollution control requirements under the municipal NPDES permit, shall implement BMPs prescribed by the regional
board or its Executive Officer, through programs or actions made pursuant to the municipal NPDES permit.
Sec. 21.5.7. Control of pollutants from state permitted construction activities.
(a) No person shall be granted a grading permit or shall commence or continue any construction activity that is
subject to an General Construction Activity Storm Water NPDES Permit without showing proof of having
applied for such permit.
(b) Any person engaged in a construction activity requiring an NPDES General Construction Activity Storm
Water NPDES Permit shall retain at the construction site the following documents: (i) a copy of the Notice of
Intent to Comply with Terms of the General Permit to Discharge Water Associated with Construction
Activity; (ii) a waste discharge identification number issued by the SWRCB; (iii) a Storm Water Pollution
Prevention Plan and Monitoring Program Plan for the construction activity requiring the construction permit;
and (iv) records of all inspections, compliance and non-compliance reports, evidence of self -inspection and
good housekeeping practices.
(c) Any person engaged in a construction activity in the city requiring an NPDES General Construction Storm
Water Activity permit shall, upon reasonable request from a duly authorized officer of the city, provide any of
the documents specified in paragraph (b) of this section and shall retain said documents for at least three years
after completion of construction.
Sec. 21.5.8. Control of pollutants from other construction activities.
Any person engaged in a construction activity that is not subject to the General Construction Storm Water Activity
NPDES Permit but is subject to the municipal NPDES Permit, shall be required to comply with requirements
contained therein as specified in the City's Storm Water Quality Management Plan.
Sec. 21.5.9. Control of pollutants from new developments/redevelopment projects.
(a) Prior to the construction of a new development or redevelopment project, the subject project shall be
evaluated for its potential to discharge pollutants to the MS4, based on its intended land use and other
considerations. Such evaluation shall be conducted in accordance with development planning requirements
established by the regional board or its Executive Officer, pursuant to the municipal NPDES permit, as
specified in the City's Storm Water Quality Management Plan, including any revisions made thereto.
(b) Once a new development or redevelopment project has been evaluated for its potential to discharge
pollutants to the MS4, the City shall require appropriate BMPs to be installed during construction for
implementation following project completion. The prescription of such BMPs shall be in keeping with
development planning requirements established by the regional board or its Executive Officer, pursuant to the
municipal NPDES permit, as described more particularly in the City's Storm Water Quality Management
A-8
Plan, including any revisions made thereto.
Article V1. Enforcement.
Sec. 21.6.1. 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 chapter 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. 21.6.2. Containment and testing.
The health officer may order any person who stores any material that may adversely affect storm water quality
to provide adequate secondary. containment for such material. If the health officer has a reasonable basis to
believe that any person's storm water runoff may adversely affect storm water quality, the health officer may
order said person to take representative samples of the storm water runoff and have these samples tested as
directed by the health officer.
Sec. 21.6.3. Charge for excessive maintenance.
Any excessive sewer, sewerage, or storm drain maintenance expenses or reconstruction costs including
administrative costs attributable to any illicit discharge or otherwise unlawful activity under this chapter 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. 21.6.4. Abatement of illicit or unlawful discharges.
When wastewater, any noxious or dangerous material, or any other substance, is discharged illicitly or 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.
The cost of such abatement of such illicit or otherwise unlawful discharge 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.
A-9
1 . V i i , 1 1.,
i . ' k' a. .
Sec. 21.6.5. Legal costs.
In any administrative or legal proceeding under this chapter in which the city prevails, the city shall have a right
to recover all costs incurred in the prosecution of a violator and reasonable attorney's fees.
Sec. 21.6.6. Rules and regulations generally.
The director of community services may promulgate rules and regulations to make specific the purpose of this
chapter, subject to the provision of Section 2.8(d) of the Code of the City of Vernon.
C:\mydocuments\1088SewerExA
A- 10
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
M,
oc lll
0
EDUARDO OLIVO
'G\\ City Attorney
FAX: (562) 869-1883
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 1, 2002
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
On December 13, 2001, the California Regional Water Quality Control
Board, (Regional Board) adopted a new Municipal National Pollutant
Discharge Elimination System (NPDES) Permit for Los Angeles County
(Order No. 01-182, NPDES Permit No. CAS004001), Waste Discharge
Requirements for Municipal Storm Water and Urban Runoff Discharges
within the County of Los Angeles and the incorporated cities therein.
At this time, it is necessary to amend Chapter 21, the City's
Municipal Code, to conform with the new Regional Board requirements as
listed below:
• Standard Urban Storm Water Mitigation Plan (SUSMP) measures for
new development and redevelopment projects.
• Development construction conditions for projects above and
below one acre.
• Industrial and commercial compliance with on -site pollution
prevention measures.
This has been reviewed by the Director of Community Services and Water
and the City Attorney and it is hereby recommended that an Ordinance
be adopted to Amend Chapter 21 of the City of Vernon Municipal Code.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
l
COMMUNITY SERVICES &
Gov
WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, rector of Community Services & Water
DATE: July 29, 2002
SUBJECT: National Pollutant Discharge Elimination System, Legal Authority
On December 13, 2001, the California Regional Water Quality Control Board, Los
Angeles (Regional Board") adopted a new municipal NPDES permit for Los Angeles County:
Order No. 01-182, NPDES Permit No. CAS004001, Waste Discharge Requirements for
Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles and the
incorporated cities therein, except the City of Long Beach (Municipal NPDES Permit). This is
the third municipal permit issued for Los Angeles County since 1990, and the City of Vernon is
again a co-permittee to the municipal permit along with 84 other cities and the County of Los
Angeles as the "Principal Permittee." The new permit requires additional legal authority to be
enacted. The City's existing ordinance was adopted on June 27, 1995 and amended on January
3, 2001, to include Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to
comply with the regional board's final SUSMP that was modified by the State Water Resources
Control Board on October 5, 2000. The SUSMP defines the types of private property which
would be subject to specific best management practices to mitigate the pollution of storm water
from those sites.
The new Municipal NPDES Permit necessitates amendment of the City's Municipal
Code, "Sewers and Storm Drains" chapter, because of the new requirements which include: (1)
SUSMP mitigation measures for new development and redevelopment projects; (2) development
construction conditions for projects above and below 1 acre; and (3) industrial and commercial
compliance with on -site pollution prevention measures.
The proposed ordinance will be written in a manner to minimize if not eliminate the need
to require revision to reflect changes in the future. This will be achieved by: (1) specifying the
basic permit requirements in the ordinance; and (2) using three model programs - Development
Planning/SUSMP, Development Construction, and Industrial/Commercial Inspection - which are
also required by the regional board, to provide future specifics regarding compliance
expectations.
■ k
ti~
•
The City Attorney has been provided with a draft ordinance prepared by our consultant
TECS and will prepare the final ordinance which satisfies the City of Vernon's specific
requirements. I recommend the City of Vernon adopt the ordinance which amends Chapter 21 of
the Municipal Code, "Sewers and Storm Drains," and provides legal authority for the new
NPDES permit requirements. Since the ordinance must take effect by September 2, 2002, please
schedule the vote at the City Council to be an emergency ordinance which takes effect upon the
approval of the City Council.
SKW/sn
c: City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF VERNON )
AFFIDAVIT OF POSTING
fM
I, Sharon L. Johnson, Budget Auditor/Deputy City Treasurer, of the
City of Vernon do hereby certify that I did, on the `.2..71'6` of FkLk!��
2002, have posted one (3) copies of:
Ordinance No. 1088 - 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 Thereto Regarding Sewers and Storm
Drains, Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith and Declaring that Said Ordinance Shall Take
Effect Immediately.
On each of the following places, to wit: on the bulletin board in the
lobby of the City Hall of the City of Vernon located at 4305 Santa Fe
Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Blvd., and Pacific Blvd., all in said City,
there being no newspaper of general circulation printed and published
in the City of Vernon.
Date: R��`��c��_�G
Sharon L. on
State of California )
)ss
County of Los Angeles)
On t M, )Dd� before
me, Pa"etlq 61rq1-1
Personally appeared ., Sharon L. Johnson
Personally known to me (rax lr
e.'4eftee) to be the person (,s") whose name(e) is/.a-r-e subscribed to the
within instrument -and -acknowledged to that -he/she/-Lki�&y executed the
same in 44-s/her/*#- - r authorized capacity, and that by -h-irs/her/.t e-i-r-
signature(.) on the instrument the person W4 , or the entity upon
behalf of which the person(-sl acted, executed the instrument.
_ _ _ MESS my hand and official seal
MANUIELAGIRON
Commission # 1328374 7
Notary Public - California
Z Los Angels County IV Z14
EMI cAmm. Expires Nov 4, 2Q05 J
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 26, 2002
Coded Systems
Attn: Mary Beth Smith
120 Main Street
Avon, New Jersey 07717
Dear Ms. Smith:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W._OLSON
Police Chief
FAX: (323) 826-1481
Enclosed herewith is a copy of Ordinance No. 1088 to be incorporated
into the Vernon Municipal Code.
Prior to the final incorporation of this supplement, please FAX or
mail us a draft copy for our review. We will notify you at our
earliest convenience if we are in concurrence, or of any
discrepancies.
After final review, forward 66 sets of the supplement to my attention.
If you have any questions, please call me at 323/583-8811 ext. 273.
Very truly yours,
NellY irL)n/
Assistant to the Chief
Deputy City Clerk
:ng
CC: Ordinance No. 10888
Coded Systems File
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF VERNON )
AFFIDAVIT OF POSTING
ss
I, Sharon L. Johnson, Budget Auditor/Deputy City Treasurer, of the
City of Vernon do hereby certify that I did, on the . `' of (A,-*'�
2002, have posted one (3) copies of:
Ordinance No. 1088 - 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 Thereto Regarding Sewers and Storm
Drains, Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith and Declaring that Said Ordinance Shall Take
Effect Immediately.
On each of the following places, to wit: on the bulletin board in the
lobby of the City Hall of the City of Vernon located at 4305 Santa Fe
Avenue; at -the northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Blvd., and Pacific Blvd., all in said City,
there being no newspaper of general circulation printed and published
in the City of Vernon.
Date:
Sharon L. on
State of California )
) ss
County of Lost. es Angeles)
On 2,p)D6Z- before
me, M"ell*l
Personally appeared:.. Sharon L. Johnson
Personally known to me (=�o« to mo �n thA �aasis-r�.f.—,�+-isfa
Av4A,L ) to be the person(.,a-) whose name(- ) is/.tee subscribed to the
within instrument -and -acknowledged to that -he/she/ -they executed the
same in h4-s/her/-t e r authorized capacity, and that by -h-i-s/her/.
signature(-&) on the instrument the person(z4, or the entity upon
behalf of which the person(-sl acted, executed the instrument.
_ MESS my hand and official seal
_ Commission f 1328374 L
Notary Public - California
z Los Angeles County
My Comm. Expires Nov 4, A
� 3 , 2003
Susan Williams -Guerra
4434 West 60th Street
Los Angeles, CA 90043
Work: (323) 241-6727
(323) 292-9574
To: City of Vernon
Recelvet)
MqR 0 5 2003
CITYADMINISTRATOR,S OFFICE
I am writing to request a copy of ordinance number 1088 relating to Storm
Water Runoff.
Please feel free to call me at work (323) 241-6727 to advise what the
reproduction fees will be.
Thank you.
Susan Williams -Guerra