Ordinance No. 1216ORDINANCE NO. 1216
AN ORDINANCE OF THE CITY OF VERNON, CALIFORNIA,
AMENDING CERTAIN SECTIONS OF CHAPTER 21 OF THE CODE
OF THE CITY OF VERNON REGARDING SEWERS AND STORM
DRAINS TO COMPLY WITH THE MUNICIPAL NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT
WHEREAS, the City of Vernon (the "City"), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State
California; and
WHEREAS, this Ordinance amends sections of Chapter 21,
Sewers and Storm Drains, of the Code of the City of Vernon to comply
with the recently -enacted requirements of the municipal NPDES Permit,
and to expand the applicability of the existing Development Planning
Program requirements by imposing Stormwater Low Impact Development
("LID") strategies on projects that require building, grading and
encroachment permits; and
WHEREAS, stormwater runoff remains a major water quality
problem in the Los Angeles region, posing a threat to human health and
water ecosystems insofar as pollutants in runoff have caused beach
closings, fish consumption warnings, reduced habitat for threatened
and endangered species and unsightly accumulations of trash and debris
in waters of the county; and
WHEREAS, urbanization has led to increased impervious
surface areas resulting in increased water runoff and less percolation
to groundwater aquifers causing the transport of pollutants to
downstream receiving waters; and
WHEREAS, the Clean Water Act provides the statutory basis
for the National Pollutant Discharge Elimination System permit program
("NPDES Program") and the basic structure for regulating the discharge
of pollutants from point sources to waters of the United States under
the NPDES Program; and
WHEREAS, under the auspices of the United States
Environmental Protection Agency, the State Water Resources Control
Board and the nine (9) Regional Water Quality Control Boards are
authorized to enforce the NPDES Program; and
WHEREAS, under said authorization, on November 8, 2012, the
Los Angeles Regional Water Quality Control Board ("Regional Board")
issued Final Order No. R4-2012-0175, a municipal storm water runoff
permit which contains regulations designed to prevent trash, metals,
bacteria, chemicals and pesticides from being washed into storm drains
and into creeks, rivers and the ocean entitled, "Waste Discharge
Requirements for Municipal Separate Storm Sewer System (MS4)
Discharges Within the Coastal Watersheds of Los Angeles County, Except
Those Discharges Originating From the City of Long Beach MS4"
("Municipal NPDES Permit") and said permit became effective as of
December 28, 2012; and
WHEREAS, the Municipal NPDES Permit requires most
municipalities in Los Angeles County including the City of Vernon to
develop'a plan to reduce stormwater pollutants, monitor the results
and take corrective action if goals are not met, provides for a wide
range of strategies to reduce pollution from public education of the
community, to low impact development regulations that require
construction of retention basins and the use of permeable material for
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paving parking lots to allow water to seep back into the groundwater;
and
WHEREAS, the City of Vernon is authorized by Article XI,
Section 7 of the State Constitution to make and enforce within its
limits all local, police, sanitary and other ordinances and
regulations not in conflict with general laws of the state by adopting
regulations to promote public health, public safety and general
prosperity; and
WHEREAS, the City of Vernon has the authority under the
California Water Code to adopt and enforce ordinances imposing
conditions, restrictions and limitations with respect to any activity
that might degrade receiving waters; and
WHEREAS, the City of Vernon is committed to conducting an
effective stormwater management program that protects water quality
and water supply by employing watershed -based approaches that balance
environmental, social and economic considerations; and
WHEREAS, among other things, the Municipal NPDES Permit
requires municipalities to conduct the following activities:
(a) prohibit and eliminate illicit discharges and illicit
connections to the MS4;
(b) eliminate spillage, dumping and disposal of pollutant
materials into the MS4;
(c) reduce pollutant loads in stormwater and urban runoff from
certain land uses and activities identified in the Municipal
NPDES Permit through the implementation of total maximum
daily load requirements which establish the allowable
pollutant loadings for a water body and thereby provide a
basis to establish water quality -based controls;
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(d) prohibit all non-stormwater discharges into the MS4 or to a
receiving water not otherwise authorized or conditionally
exempt pursuant to the Municipal NPDES Permit;
(e) require the use of stormwater Best Management Practices
("BMP" or "BMPs") to eliminate or prevent the discharge of
pollutants to achieve water quality standards and receiving
water limitations;
(f) reduce the water quality impacts of new development and
redevelopment by using smart growth practices and integrated
Low Impact Development ("LID") practices and standards for
stormwater pollution mitigation; and
(g) require that stormwater,structural BMPs are properly
operated, maintained and documented, including their
effectiveness in reducing the discharge of pollutants to the
MS4; and
WHEREAS, it is the intent of the City of Vernon to amend
Chapter 21 of the Vernon Municipal Code pertaining to sewers and storm
drains, to comply with the new requirements of the Municipal NPDES
Permit and expand the applicability of the existing development
planning program requirements by providing stormwater LID strategies
for new development and redevelopment projects as set forth in Exhibit
"A" of this Ordinance; and
WHEREAS, by memorandum dated November 5, 2013, the Director
of Community Services & Water has recommended that Vernon Municipal
Code Chapter 21, Sections 21.1.1, 21.1.2, 21.1.3, 21.2.2, 21.2.3,
21.2.4, 21.2.5, 21.2.6, 21.2.7, 21.2.8, 21.2.9, 21.2.10, 21.2.11,
21.4.2, 21.4.3, 21.4.4, 21.4.5, 21.4.6, 21.5.1, 21.5.2, 21.5.3,
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21.5.4, 21.5.5, 21.5.6, 21.5.7, 21.5.8, 21.5.9, 21.6.1, 21.6.2,
21.6.3, 21.6.4 and 21.6.6 be amended as specified in this Ordinance.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Recitals. The City Council of the City of
Vernon hereby finds and determines that all the foregoing recitals
are true and correct.
SECTION 2: Exempt from CEQA. The City Council of the City
of Vernon finds that this action is exempt under the California
Environmental quality Act (CEQA) California Public Resources Code
Sections 21000 et seq., and CEQA Guidelines, 14 California Code of
Regulations Sections 15000 et seq. as follows:
a) The ordinance is exempt from CEQA pursuant to CEQA
Guidelines Section 15308 in that the ordinance is an
action taken by the City in its role as a regulatory
agency authorized by state regulation and is intended to
assure the maintenance, restoration, enhancement, or
protection of the environment where the regulatory process
involves procedures for protection of the environment. No
construction activities or relaxation of standards
allowing environmental degradation are proposed in
conjunction with the adoption of this ordinance.
b) The ordinance is covered by the general rule set forth in
CEQA Guidelines Section 15061(b)(3) which provides that
CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it
can be seen with certainty that there is no possibility
that the activity in question may have a significant
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effect on the environment, the activity is not subject to
CEQA. Here, the Ordinance involves procedures for the
protection of the environment and has no significant
adverse effect on the environment.
SECTION 3: Code Amendments. The City Council of the City
of Vernon hereby amends Sections 21.1.1, 21.1.2, 21.1.3, 21.2.2,
21.2.3, 21.2.4, 21.2.5, 21.2.6, 21.2.7, 21.2.8, 21.2.9, 21.2.10,
21.2.11, 21.4.2, 21.4.3, 21.4.4, 21.4.5, 21.4.6, 21.5.1, 21.5.2,
21.5.3, 21.5.4, 21.5.5, 21.5.6, 21.5.7, 21.5.8, 21.5.9, 21.6.1,
21.6.2, 21.6.3, 21.6.4 and 21.6.6 of Chapter 21, Sewers and Storm
Drains of the Code of the City of Vernon, as set forth in Exhibit "A"
which is attached hereto and made a part hereof by reference.
SECTION 4: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 5: Publication. Pursuant to Section 36933 of the
Government Code, within 15 days of the adoption of this Ordinance, the
Interim City Clerk, or Deputy City Clerk, shall cause this Ordinance
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to be published or posted with the names of those City Council members
voting for and against the Ordinance as required by law.
SECTION 6: Book of Ordinances. The Interim City Clerk, or
Deputy City.Clerk, shall attest and certify to the adoption of this
Ordinance and shall cause this Ordinance and the Interim City Clerk's,
or Deputy City Clerk's, certification to be entered in the Book of
Ordinances of the Council of this City.
SECTION 7: This Ordinance shall go into effect and be in
full force and effect at 12:01 a.m. on the thirty-first (3lst) day
after its passage.
APPROVED AND ADOPTED this 19th day of November, 2013.
}
Name: W. Michael McCormick
Title: Mayor / -
C
f.1
Ddffa Reed
Interim City Clerk /-Dep-a-t + Clerd��
APPROVED AS TO FORM:
Z46 Q
Christine R. nsone, Esq.
Sansone Law Firm
Special Counsel to the City
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, DANA REED, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance, being Ordinance
No. 1216, was duly and regularly introduced at a regular meeting
of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, November 5, 2013, and thereafter adopted at a
meeting of said City Council held on Tuesday, November 19, 2013,
by the following vote:
AYES: Councilmembers: Mayor McCormick, Mayor
Pro-Tem Davis, Maisano,
Martinez, Ybarra
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this 40 day of November, 2013, at Vernon,
California. l
J
Da Reed
Interim City Clerk
(SEAL)
EXHIBIT A
Article I. Introduction.
Sec.21.1.1. Title.
This chapter shall be known as the Storm Sewer System Ordinance of the City of Vernon
(hereinafter "this chapter").
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 seq.
Nothing in this chapter prohibits the director of community services and the health officer from
regulating sewers or stormwater in a manner that exceeds the requirements of the Clean Water
Act, the State Water Resources Control Board and Regional Boards.
Sec. 21.1.3. Purpose and intent.
The purpose and intent of the provisions in this chapter are 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 reissuance thereof.
This chapter is intended to protect and control the city's sanitary sewer system; and to reduce
stormwater and urban runoff pollutants by improving the quality of stormwater that are
discharged into the regional stormwater system within Los Angeles County known as the
"MS4," as defined herein. The reduction of stormwater pollutants draining into the MS4 shall be
achieved by any or all of the following:
(a) Prohibiting and eliminating Illicit Discharges into the MS4 to the maximum
extent practicable.
(b) Prohibiting and eliminating Illicit Connections into the MS4.
(c) Eliminating spillage, dumping and disposal of pollutant materials into the MS4.
(d) Reducing pollutant loads in stormwater and urban runoff from land uses and
activities identified in the Municipal NPDES permit as defined herein.
(e) Prohibiting all unauthorized non-stormwater discharges into the MS4 or into a
receiving water which discharges are not otherwise authorized or conditionally exempt pursuant
to the Municipal NPDES Permit.
(f) Requiring the use of stormwater Best Management Practices to eliminate or
prevent the discharge of pollutants to achieve water quality standards or receiving water
limitations, or both.
(g) Reducing the water quality impacts of New Development and Redevelopment by
using smart growth practices and integrated low impact development practices and standards for
stormwater pollution mitigation.
(h) Requiring that stormwater structural best management practices for new
developments and redevelopments are properly operated and maintained.
(i) Requiring documentation on the operation and maintenance of stormwater
structural BMPs and their effectiveness in reducing the discharge of pollutants to the MS4.
Article II. Definitions.
See. 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.
Sec. 21.2.2. Definitions (A-B).
ARARs means water quality standards that are considered by the USEPA to be applicable
or relevant and appropriate requirements.
Authorized Non-Stormwater Discharge means a discharge that is not composed entirely
of stormwater and that is either:
(1) separately regulated by an individual or general NPDES permit and allowed to
discharge to the MS4 when in compliance with all NPDES permit conditions;
(2) authorized by USEPA pursuant to sections 104(a) or 104(b) of CERCLA that either
(i) will comply with water quality standards as ARARs under section 121(d)(2) of
CERCLA or
(ii) are subject to:
(a) a written waiver of ARARs by USEPA pursuant to section 121(d)(4) of
CERCLA or;
(b) a written determination by USEPA that compliance with ARARs is not
practicable considering the exigencies of the situation, pursuant to 40 CFR section 300.4150); or
(3) necessary for emergency responses purposes, including flows from emergency fire
fighting activities.
Automotive Service Facility means a facility that is categorized in any of the following
SIC codes: 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539, or the North American Industry
Classification System ("NAICS") codes that are equivalent to said SIC codes.
Best Management Practice or BMP means a method, or physical device or system
designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges
into the MS4, or designed to reduce the volume of stormwater or non-stormwater discharged into
the MS4 to the Maximum Extent Practicable.
Bioretention means a soil and plant -based BMP that captures and biologically degrades
pollutants as water infiltrates through sub -surface layers containing microbes that treat
pollutants. Treated runoff is then slowly infiltrated and recharges the groundwater. Bioretention
includes but is not limited to the reduction of stormwater runoff by intercepting rainfall on a
vegetative canopy and allowing the stormwater to escape through evapotranspiration and
infiltration.
Sec. 21.2.3. Definitions (C-D).
CERCLA means the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended, 49 U.S.C. §§ 9601 et seq.
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 means the City of Vernon, California.
City council means the city council of the City of Vernon.
Clean Water Act or CWA means the Federal Water Pollution Control Act enacted in
1972, 33 U.S.C. §§ 1251, et seq. as amended. The Clean Water Act prohibits the discharge of
pollutants to the storm sewers and/or waters of the United States unless the discharge is in
accordance with an NPDES permit.
Commercial Malls means any development on private land comprised of one or more
buildings forming a complex of stores which sells various merchandise, with interconnecting
walkways enabling visitors to easily walk from store to store, along with parking area(s). A
Commercial Mall includes but is not limited to: mini -malls, strip malls, other retail complexes,
and enclosed shopping malls or shopping centers:
Construction Activity means any construction or demolition activity, clearing, grading,
grubbing, or excavation or any other activity that results in land disturbance. Construction
Activity does not include emergency construction activities required to immediately protect
public health and safety or Routine Maintenance activities required to maintain the integrity of
structures by performing minor repair and restoration work provided such work maintains the
original line and grade, hydraulic capacity, or original purposes of the facility.
Control means to minimize, reduce or eliminate by technological, legal, contractual, or
other means, the discharge of pollutants from an activity or activities.
Development means construction, rehabilitation, redevelopment or reconstruction of any
public or private residential project (whether single-family, multi -unit or planned unit
development); industrial, commercial, retail, and other non-residential projects, including public
agency projects; or mass grading for future construction. The term "development' does not
include: (a) Routing Maintenance; or (b) emergency construction activities required to
immediately protect public health and safety.
Directly Adjacent means situated within 200 feet of the contiguous zone required for the
continued maintenance, function, and structural stability of an environmentally sensitive area.
Discharge means any releasing, spilling, leaking, pumping, escaping, dumping, tracking
or disposal of any liquid, semi -solid substance, or solid substance.
Disturbed Area means an area of land that is altered as a result of clearing, grading,
and/or excavation.
Domestic Wastewater means 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.
Drinking Water Supplier Distribution Systems Releases means discharges of water from
drinking water supplier storage, supply and distribution systems including but not limited to
flows from the following causes: system failures, pressure releases; system maintenance;
distribution line testing; fire hydrant flow testing; flushing and dewatering of pipes, reservoirs,
vaults, and minor non-invasive well maintenance; and flushing activities not involving the
addition of any chemicals. It does not include wastewater discharges from activities that occur at
wellheads, such as well construction, well development including but not limited to aquifer
pumping tests and well purging or major well maintenance. Drinking water supplier distribution
system releases include but are not limited to releases of treated and raw water from raw water
pipelines, reservoirs, and storage tanks that are dedicated for drinking water supply purposes.
Sec. 21.2.4. Definitions (E-1).
Erosion and Sediment Control Plan or ESCP means a plan for projects including but not
limited to soil disturbance, grading, vegetation clearing, soil compaction, paving, re -paving and
linear underground or overhead project; and identifying potential pollutant sources and
describing the design, placement and implementation of BMPs to effectively prevent non-
stormwater discharges and reduce pollutants in stormwater discharges during construction
activities.
Executive Officer means the Executive Officer of the California Regional Water Quality
Control Board, Los Angeles Region.
Flow -Through Treatment BMPs means a modular, vault type, high flow biotreatment
devices contained within an impervious vault with an underdrain or designed with an impervious
liner and an underdrain.
General Construction Activities Stormwater NPDES Permit or GCASP means the general
NPDES permit adopted by the State Water Resources Control Board which authorizes the
discharge of stormwater from construction activities under certain conditions.
General Industrial Activities Stormwater NPDES Permit or GCASP means the general
NPDES permit adopted by the State Water Resources Control Board which authorizes the
discharge of stormwater from certain industrial activities under certain conditions.
Sec. 21.2.5. Definitions (1).
Illicit Connection means any man-made conveyance that is connected to the storm drain
system without a permit, excluding roof drains and other similar type connections. Examples
include but are not limited to channels, pipelines, conduits, inlets, or outlets that are connected
directly to the storm drain system.
Illicit Discharge means any non -exempted, or non -approved discharge into the MS4 that
is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. The term
Illicit Discharge includes any Non-Stormwater Discharge, except Authorized Non-Stormwater
Discharges; under a General Industrial Activities Storm Water NPDES Permit, or a General
Construction Activities Storm Water NPDES Permit, allowed by the Executive Officer, any
conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from
natural flows as specifically identified in the Municipal NPDES Permit.
Illicit Disposal means any disposal, either intentionally or unintentionally, of material(s)
or waste(s) that can pollute stormwater.
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 a Standard Industrial Classification (SIC) and which is required to obtain an NPDES
permit. Industrial Activity does not include construction activities as defined in 40 Code of
Federal Regulations § 122.26(b)(14)(x).
Industrial/Commercial Facility means any facility involved and/or used in the
production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or
commodities, and any facility involved and/or used in providing professional and non-
professional services. This category of facilities includes, but is not limited to, any facility
defined by either the Standard Industrial Classifications (SIC) or the North American Industry
Classification System (NAICS) code equivalent to the SIC code. Facility ownership (federal,
state, municipal, private) and profit motive of the facility are not factors in this definition.
Industrial Park means land development that is set aside for Industrial/Commercial
Facility development. Industrial parks are usually located close to transport facilities especially
where more than one transport modalities coincide: highways, railroads, airports, and navigable
rivers. It includes office parks which have offices and light industry and associated parking
area(s).
Industrial Wastewater means 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.
Infiltration means the process by which water penetrates into soil from the ground
surface. Infiltration is a BMP that reduces stormwater runoff by capturing and infiltrating the
runoff into in -situ soils or amended on -site soils. Examples of Infiltration BMPs include but are
not limited to infiltration basins, dry wells and pervious pavement.
Sec. 21.2.6. Definitions (J-M).
Low Impact Development or LID consists of building and landscape features designed to
retain or filter stormwater runoff.
Maximum Extent Practicable or MEP means, within the context of BMP selection,
choosing effective BMPs and rejecting applicable BMPs only where other effective BMPs will
serve the same purpose, the BMPs would not be technically feasible, or the cost would be
prohibitive.
Municipal NPDES Permit means the California Regional Water Quality Control Board,
Los Angeles Region, Order No. R4-2012-0175, NPDES Permit No. CAS004001, Waste
Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within
the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the
City of Long Beach MS4, and any amendment, reissuance or revision thereto.
Municipal Separate Storm Sewer System or MS4 means a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that have all of the following features:
(a) owned or operated by the state, city, town, borough, county, parish, district,
association, or other public body created by or pursuant to State law including but not limited to
a special district, sewer district, flood control district, drainage district or similar entity, an Indian
tribe, authorized Indian tribal organization or any designated and approved management agency
under section 208 of the Clean Water Act; that discharges to the waters of the United States; and
has jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes;
(b) designed or used for collecting or conveying stormwater;
(c) not a combined sewer; and
122.2. (d) not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §
Sec. 21.2.7. Definitions (N-O).
National Pollutant Discharge Elimination System or NPDES means the national program
for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under the Clean Water Act § 307, 318,
402, and 405.
Natural Drainage System means a drainage system that has not been improved (e.g.,
chaimelized or armored). The clearing or dredging of a Natural Drainage System does not cause
the system to be classified as an improved drainage system.
New Development means land disturbing activities; structural development, including
construction or installation of a building or structure, creation of impervious surfaces; and land
subdivision.
Non-Stormwater Discharge means any discharge to the MS4 or to a receiving water that
is not composed entirely of stormwater,
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal
separate storm sewer discharges to waters of the United States and does not include open
conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other
conveyances which connect segments of the same stream or other waters of the United States
and are used to convey waters of the United States.
Owner as applied to a building or real property, means any owner of record including but
not limited to part owner, joint tenant, tenant in common, tenant in partnership or tenant by the
entirety of the whole or part of such building or real property.
Sec. 21.2.8. Definitions (P-Q).
Parking Lot or Parking Area means land area or facility for the parking or storage of
motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000
square feet or more of surface area, or with 25 or more parking spaces.
Person means an individual, trust, firm, partnership, corporation, or other legal entity.
Planning Priority Projects means development projects subject to the City's conditioning
and approval for the design and implementation of post -construction controls to mitigate
stormwater pollution, prior to completion of the project(s).
Point Source means any discernible, confined, and discrete conveyance, including but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharged. This term does not include return
flows from irrigated agriculture or agricultural stormwater runoff.
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.
Potable Water means water that meets the drinking water standards of the U.S.
Environmental Protection Agency.
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.
Project means all development, redevelopment, and land disturbing activities. The term is
not limited to "Project" as defined under the California Environmental Quality Act, California
Public Resources Code §21065.
Public Sanitary Sewer System means as used in California Penal Code § 374.2 as
amended including the cty's sewers.
Sec. 21.2.9. Definitions (R).
Rainfall Harvest and Use means a LID BMP system designed to capture runoff, typically
from a roof but can also include runoff capture from elsewhere within the site, and to provide for
temporary storage until the harvested water can be used for irrigation or non -potable uses.
Raw Water means water that is taken from the environment by drinking water suppliers
with the intent to subsequently treat or purify it to produce potable water. Raw water does not
include wastewater discharges from activities that occur at wellheads, such as well construction,
major well maintenance, or well development such as aquifer pumping tests and well purging.
Receiving waters means waters of the United States into which waste and/or pollutants
are or may be discharged.
Redevelopment means land -disturbing activity that results in the creation, addition, or
replacement of five thousand 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. Redevelopment does not include routine maintenance activities that are
conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or
emergency redevelopment activity required to protect public health and safety. Redevelopment
does not include the repaving of existing roads to maintain original line and grade.
Regional Board means the California Regional Water Quality Control Board, Los
Angeles Region.
Restaurant means a facility that sells prepared foods and drinks for consumption,
including stationary lunch counters and refreshment stands selling prepared foods and drinks for
immediate consumption and is identified as SIC Code 5812.
Retail Gasoline Outlet means any facility engaged in selling gasoline and lubricating oils.
Routine Maintenance means projects including, but are not limited to projects conducted
to:
1. Maintain the original line and grade, hydraulic capacity, or original purpose of the
facility.
2. Perform as needed restoration work to preserve the original design grade, integrity and
hydraulic capacity of flood control facilities.
3. Road shoulder work, regrading dirt or gravel roadways and shoulders and performing
ditch cleanouts.
4. Update existing lines and facilities to comply with applicable codes, standards, and
regulations regardless of whether such projects result in increased capacity. The updating of
existing lines includes replacing existing lines with new materials or pipes but does not include
construction of new lines or facilities necessary to comply with applicable codes, standards or
regulations that are not associated with existing facilities and are not part of a project to update
or replace existing lines.
5. Replace impervious surfaces such as the reconstruction of parking lots and roadways
which does not disturb additional area and maintains the original grade and alignment, is
considered a routine maintenance activity.
6.. Repair leaks.
Runoff means any discharge including stormwater and dry weather flows from a drainage
area that reaches a receiving water body or subsurface. During dry weather it is typically
comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance
flows.
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.
SIC means the Standard Industrial Classification code which is a system for classifying
industries by a four -digit code.
Site means the land or water area where any "facility or activity" is physically located or
conducted, including adjacent land used in connection with the facility or activity.
Source Control BMP means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices that aim to prevent Storm -
water pollution by reducing the potential for contamination at the source of pollution.
State Board or SWRCB means the State Water Resources Control Board of the California
Environmental Protection Agency.
State Stormwater Pollution Prevention Plan or State SWPPP means a plan, as required
by a State General Permit, identifying potential pollutant sources and describing the design,
placement and implementation of BMPs, to effectively prevent non-stormwater discharges and
reduce pollutants in stormwater discharges during activities covered by a State General Permit.
Storm Drain means any pipe, curb, gutter, catch basin, street, road, alley, waterway,
watercourse, drain, ditch, channel, stream bed, river bed, or tributary, whether a Natural
Drainage System or artificial drainage system, which is designed for or serves the purpose of
carrying off stormwaters, but does not include a sewer.
Storm Drain System means any facility or any parts of the facility, including streets,
gutters, conduits, Natural Drainage Systems, or artificial drains, channels and watercourse that
are used for the purpose of collecting, storing, transporting or disposing of stormwater and are
located within the City.
Storm Water or Stormwater means runoff, snow melt runoff, and surface runoff and
drainage related to precipitation events.
Stormwater Quality Management Plan or SQMP means the Los Angeles Countywide
Stormwater Quality Management Program, which includes descriptions of programs, collectively
developed by permittees in accordance with provisions of the Municipal NPDES Permit, to
comply with applicable federal and state law, as the same is amended from time to time.
Structural BMP means any structural facility designed and constructed to mitigate the
adverse impacts of stormwater and urban runoff pollution (e.g. canopy, structural enclosure). The
category may include both Treatment Control BMPs and Source Control BMPs.
Total Maximum Daily Load or TMDL means the sum of the individual waste load
allocations for point sources and load allocations for nonpoint sources and natural background.
Urban Runoff means surface water flow produced by storm and non -storm events. Non -
storm events include flow from residential, commercial or industrial activities involving the use
of potable and non -potable water.
USEPA means the United States Environmental Protection Agency.
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, stormwater, groundwater or drainage of
other water.
Water Quality -Based Effluent Limitation or WQBEL means any restriction imposed on
quantities, discharge rates, and concentrations of pollutants, which are discharged from point
sources to waters of the United States necessary to achieve a water quality standard.
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. Stormwater shall not be drained to the public sanitary sewer system.
It shall be unlawful for any Person to connect any roof conductor, yard drain or any other
conduit used for carrying off stormwater with any sanitary sewer of the city, unless said
connection is provided with a stormwater 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 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 Sanitary Sewer System 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-stormwater discharges.
(a) No Person shall cause or allow an Illicit Discharge into the MS4.
(b) No Person shall place, dump, dispose, litter, accumulate, maintain, discharge,
track, or cause to enter into the MS4 any pollutant or any foreign object including but not
limited to batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals,
animal waste or oil cans. Such actions are considered Illicit Discharges.
(c) Any Person causing an Illicit Discharge may be required to reimburse the city for
all clean-up and remediation costs.
(d) Any Owner of private property from which an Illicit Discharge occurs may be
required to reimburse the city for all costs of collection, analysis, cleanup and remediation.
(e) The following Non-Stormwater discharges are not considered Illicit Discharges:
(1) Authorized Non-Stormwater discharges separately regulated by an individual or
general NPDES permit.
(2) Temporary non-stormwater discharges authorized by the USEPA pursuant to
sections 104(a) or 104(b) of CERCLA that either (i) will comply with water quality standards as
ARARs under section 121 (d)(2) of CERCLA or (ii) are subject to (a) a written waiver of ARARs
by USEPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by USEPA
that compliance with ARARs is not practicable considering the exigencies of the situation
pursuant to 40 CFR section 300.4150). These typically include short-term, high volume
discharges resulting from the development or redevelopment of groundwater extraction wells, or
USEPA or State -required compliance testing of potable water treatment plants, as part of a
USEPA authorized groundwater remediation action under CERCLA.
(3) Natural Drainage System flows, including: natural springs; flows from riparian
habitats and wetlands; diverted stream flows, authorized by the State or the Regional Board;
uncontaminated ground water infiltration; or rising ground waters, where ground water seepage
is not otherwise covered by an NPDES permit.
(4) Discharges from Drinking Water Supplier Distribution Systems, where not
otherwise regulated by an individual or general NPDES permit, provided appropriate BMPs,
monitoring and reporting requirements are implemented based on the City's MS4 BMP Manual
for Non-Stormwater Discharges and any amendment, revision, or reissuance thereof.
(5) Discharges listed as follows, have been determined not to be a source of
pollutants but shall meet all required conditions specified in the city's MS4 BMP Manual for
Non-Stormwater Discharges and any amendment, revision, or reissuance thereof: landscape
irrigation runoff, dechlorinated/debrominated swimming pool/spa discharges where not
otherwise regulated by a separate NPDES permit; dewatering of lakes and decorative fountains;
non-commercial car washing by residents or by nonprofit organizations; and street/sidewalk
wash water.
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 MS4.
(b) Upon discovery of an Illicit Connection, the Person owning or operating such
connection shall at his or her sole cost either remove it or render it incapable of conveying an
Illicit Discharge.
Sec. 21.5.3. Reduction of pollutants in runoff.
No person shall cause or threaten to cause the discharge of pollutants into the MS4 by
exposing such pollutants to stormwater 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, and any amendment, revision, or reissuance 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 State Water Resources Control Board (hereinafter
"SWRCB") Water Quality Order No. 97-03-DWQ, Permit No. CAS000001, and any
amendment, revision or reissuance thereof, to operate without a General Industrial Activities
Stormwater NPDES Permit.
(b) Industries that require a General Industrial Activities Stormwater NPDES Permit
shall retain on -site the following documents: (i) a copy of the Notice of Intent for General Permit
to Discharge Stormwater Associated with Industrial Activities; (ii) a waste discharge
identification number issued by the SWRCB; and (iii) a State Stormwater Pollution Prevention
Plan.
(c) Any industry in the city requiring a General Industrial Activities Stormwater
NPDES Permit shall, upon 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 Stormwater 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 and any amendment,
revision or reissuance thereof.
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 a General Construction Activities Stormwater NPDES
Permit without showing proof of having applied for such permit.
(b) For projects (including but not limited to soil disturbance, grading, vegetation
clearing, soil compaction, paving, re -paving and linear underground/overhead projects) of one
(1) acre or more or part of a larger project, including projects requiring a General Construction
Stormwater NPDES Permit, each project applicant shall submit to the City, for review and
written approval, an Erosion and Sediment Control Plan (ESCP) prior to the disturbance of land.
The construction site operator is prohibited from commencing construction activity prior to
receipt of written approval by the City.
(c) Any Person engaged in a construction activity requiring a General Construction
Activities Stormwater 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 Activities; (ii) a waste discharge identification
number issued by the SWRCB; (iii) a State Stormwater Pollution Prevention Plan for the
construction activity requiring the construction permit; (iv) a ESCP approved by the City for the
construction activity requiring the construction permit, and; (v) records of all inspections,
compliance and non-compliance reports, evidence of self -inspection and good housekeeping
practices.
(d) Any Person engaged in a construction activity in the city requiring an NPDES
General Construction Activities Stormwater NPDES 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 Activities Stormwater NPDES Permit but is subject to the Municipal NPDES
Permit, shall be required to comply with requirements contained therein and any amendments,
revisions, or reissuance thereof.
Sec. 21.5.9. Control of pollutants from new developments/redevelopment
projects.
This Section contains requirements for stormwater pollution control measures in new
development and redevelopment projects, termed Planning Priority Project and authorizes the
City to further define and adopt stormwater pollution control measures, and to develop LID
principles and requirements, including but not limited to the objectives and specifications for
integration of LID strategies, grant waivers from the LID requirements, and collect funds for
projects that are granted waivers. Except as otherwise provided herein, the City shall administer,
implement, develop guidelines and enforce the provisions of this Section.
(a) The site for every Planning Priority Project shall be designed to control pollutants,
pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious
surface area and controlling runoff from impervious surfaces through infiltration,
evapotranspiration, bioretention and/or rainfall harvest and use.
(b) Planning Priority Projects subject to City conditioning and approval for the design
and implementation of post -construction controls to mitigate potential stormwater pollution,
prior to completion of the project(s), are:
(1) All Development projects equal to 1 acre or greater of Disturbed Area that adds
more than 10,000 square feet of impervious surface area.
(2) Industrial Parks 10,000 square feet or more of surface area.
(3) Commercial Malls 10,000 square feet or more of surface area.
(4) Retail Gasoline Outlets with 5,000 square feet or more of surface area.
(5) Restaurants, SIC code 5812with 5,000 square feet or more of surface area.
(6) Parking Lots with 5,000 square feet or more of impervious surface area, or with
25 or more parking spaces.
(7) Streets and roads construction of 10,000 square feet or more of impervious
surface area. Street and road construction applies to standalone streets, roads, highways, and
freeway projects, and also applies to streets within larger projects. Such projects shall be in
accordance with the City's green streets policy and manual and any amendment, revision or
reissuance thereof.
(8) Automotive Service Facilities, SIC codes 5013, 5014, 5511, 5541, 7532-7534 and
7536-7539, 5,000 square feet or more of surface area.
(9) Projects located in or Directly Adjacent to, or discharging directly to an
environmentally sensitive area where the Development will:
is Discharge stormwater runoff that is likely to impact a sensitive biological species
or habitat; and
ii. Create 2,500 square feet or more of impervious surface area
(10) Redevelopment projects
i. Land disturbing activity that results in the creation or addition or replacement of
5,000 square feet or more of impervious surface area on an already developed site on Planning
Priority Project categories.
ii. Where Redevelopment results in an alteration to more than fifty percent of
impervious surfaces of a previously existing development, and the existing development was not
subject to post -construction stormwater quality control requirements, the entire project must be
mitigated.
iii. Where Redevelopment results in an alteration of less than fifty percent of
impervious surfaces of a previously existing development, and the existing development was not
subject to post -construction stormwater quality control requirements, only the alteration must be
mitigated, and not the entire development.
iv. Existing single-family dwelling and accessory structures are exempt from the
Redevelopment requirements unless such projects create, add, or replace 10,000 square feet of
impervious surface area.
(c) Design standards for the implementation of post -construction controls to mitigate
potential stormwater pollution requirements shall be in accordance with the City's Low Impact
Development Guidance Manual and any amendment, revision or reissuance thereof.
Article VI. 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 city engineer (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
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 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 days, the city council may authorize a lien
upon and against thereal property from which the discharge was made. If the lien is not satisfied
within ninety days of imposition, the lien may be enforced in like manner to other real property
liens, including sale under execution.
See. 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 days, the city
council may authorize a lien upon and against the real property. If the lien is not satisfied within
ninety days of imposition, the lien may be enforced in like manner to other real property liens,
including sale under execution. `
Sec. 21.6.5. Legal costs.
In any administrative or legal proceeding under this chapter in which the city prevails, the
city shall have aright 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 city engineer may promulgate rules and regulations to make specific the purpose of
this chapter.
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 25, 2013
TO: S. Kevin Wilson, Director of Community Services /& Water
7
FROM: Deborah Juarez, Records Management Assistant 11 �
RE: Ordinance No. 1216 — An Ordinance of the City of Vernon, California, Amending Certain
Sections of Chapter 21 of the Code of the City of Vernon Regarding Sewers and Storm
Drains to Comply with the Municipal National Pollutant Discharge Elimination System
(NPDES) Permit
Transmitted herewith is a copy of Ordinance No. 1216 referenced above, which was approved by City
Council at the meeting held on November 19, 2013.
Thank you.
Attachment
c: Claudia Arellano
Ana Barcia
Ordinance No. 1216
itCE1\/E®
OCT 2 8 2013
RECEIVED CITY ADMINISTRATION
OCT 2 9 2013 40
CITY CLERK'S OFFICE STAFF REPORT
COMMUNITY SERVICES & WATER DEPARTMENT
DATE: November 5, 2013
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Community Services & Water
RE: ORDINANCE NO.1216 AMENDING CERTAIN SECTIONS OF CHAPTER
21 OF THE CODE OF THE CITY OF VERNON REGARDING SEWERS
AND STORM DRAINS
Recommendation
It is recommended that the City Council:
1) Finds that this action is exempt under the California Environmental Quality Act
(CEQA) as follows:
a. The ordinance is exempt from CEQA pursuant to CEQA Guidelines
Section 15308 in that the ordinance is an action taken by the City in its role as a
regulatory agency authorized by state regulation and is intended to assure the
maintenance, restoration, enhancement, or protection of the environment where
the regulatory process involves procedures for protection of the environment. No
construction activities or relaxation of standards allowing environmental
degradation are proposed in conjunction with the adoption of this ordinance.
b. The ordinance is covered by the general rule set forth in CEQA Guidelines
Section 15061(b)(3) which provides that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it
can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to
CEQA. Here, the Ordinance involves procedures for the protection of the
environment and has no significant adverse effect on the environment.
2) Hold first reading of, and subsequently adopt Ordinance No. 1216 amending
certain sections of Chapter 21 of the Code of the City of Vernon regarding Sewers
and Storm Drains to comply with the municipal National Pollutant Discharge
Elimination System (NPDES) Permit.
Background
The National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004001,
Municipal Separate Storm Sewer System (MS4) Permit for the Los Angeles Region, Order No.
R4-2012-0175 (hereinafter referred to as the Municipal NPDES Permit) was adopted by the
California Regional Water Quality Control Board, Los Angeles Region on November 8, 2012
with an effective date of December 28, 2012. The City of Vernon is a Permittee of the
Municipal NPDES Permit.
On June 18, 2013, the Community Services and Water Department submitted a draft of
the Low Impact Development (LID) Ordinance to be received and filed by the City Council as
required per Part VI.C.4.c.i.(1) of the Municipal NPDES Permit. The draft LID Ordinance also
served as an introduction of LID concepts. Staff has modified the ordinance to include all other
provisions to be in full compliance with the Municipal NPDES Permit.
The proposed ordinance is intended to amend Sections 21.1.1, 21.1.2, 21.1.3, 21.2.2,
21.2.3,21.2.4,21.2.5,21.2.6,21.2.7,21.2.8,21.2.9,21.2.10,21.2.11,21.4.2,21.4.3,21.4.4,
21.4.5, 21.4.6, 21.5.1, 21.5.2, 21.5.3, 21.5.4, 21.5.5, 21.5.6, 21.5.7, 21.5.8, 21.5.9, 21.6.1, 21.6.2,
21.63, 21.6.4 and 21.6.6 of Chapter 21, Sewers and Storm Drains, of the City Code to comply
with the new requirements of the Municipal NPDES Permit. Among other things, the Municipal
NPDES Permit contains compliance requirements for municipalities to prohibit and eliminate
illicit discharges and illicit connections to the MS4; eliminate spillage, dumping and disposal of
pollutant materials into the MS4; reduce pollutant loads in stormwater and urban runoff, from
land uses and activities identified in the municipal NPDES Permit; prohibit all non-stormwater
discharges into the MS4 or to the receiving water not otherwise authorized or conditionally
exempt pursuant to the Municipal NPDES Permit; require the use of stormwater Best
Management Practices (BMPs) to eliminate or prevent the discharge of pollutants to achieve
water quality standards/receiving water limitations; reduce the water quality impacts of new
development and redevelopment by using smart growth practices and integrated LID practices
and standards for stormwater pollution mitigation and; require that stormwater structural BMPs
are properly operated, maintained and documented, including documentation of their
effectiveness in reducing the discharge of pollutants to the MS4.
Additionally, the proposed ordinance is intended to expand the applicability of the
existing Development Planning Program (otherwise known as the Standard Urban Storm Water
Mitigation Plan (SUSMP)) requirements by imposing stormwater LID strategies on projects that
require building, grading and encroachment permits. The City of Vernon approved and adopted
Ordinance No. 1088 in 2002 to meet the requirements of the previous municipal NPDES Permit.
Ordinance No. 1088 contained provisions regarding the SUSMP requirements. This new
ordinance is designed to ensure compliance with LID requirements for new development and
redevelopment projects and to provide enforceable language for the LID BMP Guidance Manual
while also providing a compliance mechanism for the new Municipal NPDES Permit
requirements.
The proposed ordinance addresses onsite retention and treatment requirements, but does
not address other aspects of Planning and Land Development such as plan review fees or
operation and maintenance (O&M) requirements. Plan review fees or O&M requirements may
be addressed and incorporated by separate resolution.
In the near future, staff will present to Council for its review a Green Streets Policy. This
policy is a requirement of the Municipal NPDES Permit and will provide guidance concerning
best management practices for the construction of streets, roads, highways and freeway projects
where such street and road construction consists of 10,000 square feet or more of impervious
surface area.
Attached in redline form to this staff report are the proposed revisions to Chapter 21.
Fiscal Impact
There is no fiscal impact to the City by adopting this ordinance. There may be a fiscal
impact to the City at the time City property is redeveloped in order to meet the LID threshold but
such an impact cannot be estimated at this time. The City may elect to collect plan check fees
for review of LID compliance requirements, grant waivers from the LID requirements, provided
such waivers are in compliance with the Municipal NPDES Permit, collect funds for projects that
are granted such waivers, conduct inspections, cite violators for infractions, and impose fines.
SKW/ca
Enclosures
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323)583-8811
The Vernon City Council will conduct a Public Hearing, which you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
DATE & Tuesday, November 5, 2013 at 9:00 a.m.
TIME: (or as soon thereafter as the matter can be heard)
MATTER: Ordinance Amending Chapter 21 of the Municipal Code, "Sewers and Storm
Drains." The code amendments are intended to meet new requirements imposed
by the Regional Water Quality Control Board's Municipal NPDES Permit, and to
expand the applicability of the existing Development Planning Program
requirements by imposing stormwater Low Impact Development (LID) strategies
on projects that require building, grading and encroachment permits.
REQUEST: Consider the adoption of an Ordinance to amend Chapter 21 of the Vernon
Municipal Code, "Sewers and Storm Drains".
REVIEW OF: The proposed ordinance and related documents are available for public review
THE FILE: during normal business hours in the Vernon Community Services & Water
Department, located at 4305 Santa Fe Avenue, Vernon, California, between the
hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday.
FINDINGS: Staff will recommend that the City Council determine that the proposed actions
will not have a significant effect on the environment, and are therefore exempt
from the California Environmental Quality Act. The ordinance is intended to
ensure protection of public health, safety and general welfare and the
environment.
If you challenge the ordinance, or any related actions in court, you may be limited to raising only
those issues you or someone else raised at the hearing described in this notice or in written correspondence
delivered to the City of Vernon at, or prior to, the meeting.
The hearing may be continued or adjourned or
place without further notice of a public hearing.
Dated: (�' d� r
rescheduled to a stated time and
Interim City Clerk
Article I. Introduction.
Sec.21.1.1. Title.
This chapter shall be known as the Sewers and Storm Drains Storm Sewer System
Ordinance of the City of Vernon (hereinafter "this chapter")-, which for ,.,... xenienee may be
referred to as the "Sewer and Storm Drain Ordinance." (Ord. rje. 1088, E .w n
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 seq. (OrcL
Ne.1988, Eek—A.) Nothing in this chapter prohibits the director of community services and the
health officer from regulating sewers or stormwater in a manner that exceeds the requirements of
the Clean Water Act, the State Water Resources Control Board and Regional Boards
Sec. 21.1.3. Purpose and intent.
The purpose and intent of the provisions in this chapter i&-are 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 mMunicipal NPDES pPermit and any amendment, revision, or reissuance
thereof. The Yz; Pes&e€zThis chapter is intended to protect and control the city's sanitary sewer
system; and to reduce stormwater and urban runoff pollutants impreve by improving the quality
of stormwater that are discharged into the regional stormwater system within Los Angeles
County known as the "MS4," as defined herein. quality of receiving waters The reduction of
stormwater pollutants draining into the MS4 shall be achieved by any or all of the following:
(a) ReduoixgProhibiting and eliminating iIllicit dDischarges into the ieipal-sterm
vya4er . ysten MS4; to the maximum extent- practicable.
(b) Prohibiting and Eeliminating iIllicit Ceonnections into the MS4muaieipal-sterm
FF1 a system.
(c) Eliminating spillage, dumping and disposal of pollutant materials into the
munieipal stei=ffi ...Ae .....e MS4.
(d) Reducing pollutant loads in stormwater and urban runoff, from land uses and
activities identified in the mMunicipal NPDES permit as defined herein.
(e) Prohibiting all unauthorized non-stormwater discharges into the MS4 or into a
receiving water which discharges are not otherwise authorized or conditionally exempt pursuant
to the Municipal NPDES Permit.
(f) Requiring the use of stormwater Best Management Practices to eliminate or
prevent the discharge of pollutants to achieve water quality standards or receiving water
limitations, or both.
(g) Reducing the water quality impacts of New Development and Redevelopment by
using smart growth practices and integrated low impact development practices and standards for
stormwater pollution mitigation.
(h) Requiring that stormwater structural best management practices for new
developments and redevelopments are properly operated and maintained.
(d)(i) Requiring documentation on the operation and maintenance of stormwater
structural BMPs and their effectiveness in reducing the discharge of pollutants to the MS4
ReMEORMEW41M
Article II. Definitions.
See. 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. (Ord No. 1088,
Sec. 21.2.2. Definitions (A-B).
ARARs means water quality standards that are considered by the USEPA to be applicable
or relevant and appropriate requirements.
Authorized Non-Stormwater Discharge means a discharge that is not composed entirely
of stormwater and that is either:
(1) separately regulated by an individual or general NPDES permit and allowed to
discharge to the MS4 when in compliance with all NPDES permit conditions;
(2) authorized by USEPA pursuant to sections 104(a) or 104(b) of CERCLA that either
(i) will comply with water quality standards as ARARs under section 121(d)(22of
CERCLA or
(ii) are subiect to:
(a) a written waiver of ARARs by USEPA pursuant to section 121(d)(4) of
CERCLA or;
a written determination by USEPA that compliance with ARARs is not
practicable consideringthe he exigencies of the situation, pursuant to 40 CFR section 300.415(i)� or
(3) necessary for emergency responses nurooses, including flows from emergencv fire
fighting activities
Automotive Service Facility means a facility that is categorized in any of the following
SIC codes: 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539, or the North American Industry
Classification System ("NAICS") codes that are equivalent to said SIC codes.
Best Management Practice or BMP means a method, or physical device or s s e
designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges
into the MS4, or designed to reduce the volume of stormwater or non-stormwater discharged into
the MS4 to the Maximum Extent Practicable.
Bioretention means a soil and plant -based BMP that captures and biologically degrades
pollutants as water infiltrates through sub -surface lavers containing microbes that treat
pollutants. Treated runoff is then slowly infiltrated and recharges the groundwater. Bioretention
includes but is not limited to the reduction of stormwater runoff by intercepting rainfall on a
vegetative canopy and allowing the stormwater to escape through evapotranspiration and
infiltration.
Sec. 21.2.3. Definitions (C-D).
CERCLA means the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended. 49 U.S.C. §§ 9601 et seq.
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 means the City of Vernon, California.
City council means the city council of the City of Vernon.
Clean Water Act or CWA means the Federal Water Pollution Control Act enacted in
1972, 33 U.S.C. �4 1251, et seq. as amended. The Clean Water Act prohibits the discharge of
pollutants to the storm sewers and/or waters of the United States unless the discharge is in
accordance with an NPDES permit.
Commercial Malls means any development on private land comprised of one or more
buildings forming a complex of stores which sells various merchandise, with interconnecting
walkways enabling visitors to easily walk from store to store, along with parking area(s). A
Commercial Mall includes; but is not limited to: mini -malls, strip malls, other retail complexes,
and enclosed shopping malls or shopping centers.
Construction Activity means any construction or demolition activity, clearing, grading,
grubbing, or excavation or any other activity that results in land disturbance. Construction
Activity does not include emerjzency construction activities required to immediately protect
public health and safety or Routine Maintenance activities required to maintain the integrity of
structures by performing minor repair and restoration work provided such work maintains the
original line and grade, hydraulic capacity, or original pumoses of the facility,
Control means to minimize, reduce or eliminate by technological, legal, contractual, or
other means, the discharge of pollutants from an activity or activities.
Development means construction, rehabilitation, redevelopment or reconstruction of any
public or private residential project (whether single-family, multi -unit or planned unit
development); industrial, commercial, retail, and other non-residential projects, including public
agency projects; or mass grading for future construction. The term "development" does not
include: (a) Routing Maintenance; or (b) emergency construction activities required to
immediately protect public health and safety.
DirectlyAdiacent means situated within 200 feet of the contiguous zone required for the
continued maintenance, function, and structural stability of an environmentally sensitive area.
Discharge means any releasing, spilling, leaking, eaking, pumping escaping dumping, tracking
or disposal of any liquid, semi -solid substance, or solid substance.
Disturbed Area means an area of land that is altered as a result of clearing, grading,
and/or excavation.
Domestic wWastewater means &-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.
Drinking Water Supplier Distribution Systems Releases means discharges of water from
drinking water supplier storage, supply and distribution systems including but not limited to
flows from the following causes: system failures, pressure releases;; system maintenance;
distribution line testing;; fire hydrant flow testing; flushing and dewatering of pipes, reservoirs,
vaults and minor non-invasive well maintenance; and flushing activities not involving the
addition of any chemicals. It does not include wastewater discharges from activities that occur at
wellheads, such as well construction, well development including but not limited to aquifer
pumping tests and well purging or major well maintenance. Drinking water supplier distribution
system releases include but are not limited to releases of treated and raw water from raw water
pipelines, reservoirs, and storage tanks that are dedicated for drinking water supply pumoses.
FWMVWrTrMqff"
Sec. 21.2.4. Definitions (E-H).
Erosion and Sediment Control Plan or ESCP means a elan for proiects including but not
limited to soil disturbance, grading, vegetation clearing, soil compaction, paving, re -paving and
linear underground or overhead project; and identifying potential pollutant sources and
describing the design, placement and implementation of BMPs to effectively prevent non-
stormwater discharges and reduce pollutants in stormwater discharges during construction
activities
Executive e0ficer means the Executive Officer of the California Regional Water Quality
Control Board, Los Angeles Region.
Flow -Through Treatment BMPs means a modular, vault type high flow biotreatment
devices contained within an impervious vault with an underdrain or designed with an impervious
liner and an underdrain.
General Construction Activities Stormwater NPDES Permit or GCASP means the general
NPDES permit adopted by the State Water Resources Control Board which authorizes the
discharge of stormwater from construction activities under certain conditions.
General Industrial Activities Stormwater NPDES Permit or GIASP means the general
NPDES permit adopted by the State Water Resources Control Board which authorizes the
discharge of stormwater from certain industrial activities under certain conditions.
Sec. 21.2.5. Definitions (1).
Illicit eConnection means any de kee #ffeugh or 1......hieh , illillieit ,1:..,,i... fge i ealweye
into the mtmieipal Aei:fn water system ��eut a pefffiit, ineltiEling btA not limited to Peer drains,
Y-Y.,,, e. any ab-.oated ......................... ... ............g ,.,,aa roof drains
a.,aa cy storm
without �ao�
water anv man-made conveyance that is connected to the stormd..aarain system without a Permit,
excluding roof drains and other similar type connections. Examples include but are not limited
to channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain
system.
Illicit dDischarge means the entry of any material other thati ..+eEm water unless
diseharge is exempted undef the munieipal NPDES pefffiit, is allewed under a separate NP
...+..,
or is allowed by the
Exec "� any non -exempted, or non -approved discharge into the MS4 that is prohibited
under local, state, or federal statutes, ordinances, codes, or regulations. The term Illicit
Discharge includes any Non-Stormwater Discharge, except Authorized Non-Stormwater
Discharges; under a General Industrial Activities Storm Water NPDES Permit, or a General
Construction Activities Storm Water NPDES Permit, allowed by the Executive Officer, any
conditionally exempt non-stormwater discharges; and non-stormwater discharges resultingfrom
rom
natural flows as specifically identified in the Municipal NPDES Permit.
Illicit Disposal means any disposal, either intentionally or unintentionally, of material(s)
or waste(s) that can pollute stormwater.
Industrial aActivity 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 a Standard Industrial Classification (SIC) and which is required to obtain an NPDES
permit. Industrial aActivity does not include construction activities as defined in 40 Code of
Federal Regulations § 122.26(b)(14)(x).
Industrial/Commercial Facility means any facility involved and/or used in the
production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or
commodities, and anfly involved and/or used in providing professional and non-
professional services. This category of facilities includes, but is not limited to, any facility
defined by either the Standard Industrial Classifications (SIC) or the North American Industry
Industrial Park means land development that is set aside for Industrial/Commercial
Facility development. Industrial parks are usually located close to transport facilities especially
where more than one transport modalities coincide: highways, railroads, airports, and navigable
rivers. It includes office parks which have offices and light industry and associated narking
areas .
Industrial wWastewater means 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 dDomestic wWastewater so delivered,
shall be considered industrial wastewater regardless of the original source of the wastes.
Infiltration means the process by which water penetrates into soil from the ground
surface. Infiltration is a BMP that reduces stormwater runoff by capturing and infiltrating the
runoff into in -situ soils or amended on -site soils. Examples of Infiltration BMPs include but are
not limited to infiltration basins, dry wells and pervious pavement.
rWWV%WrrzMff"
Sec. 21.2.6. Definitions (J-M).
Low Impact Development or LID consists of building and landscape features designed to
retain or filter stormwater runoff.
Maximum eExtent pPracticable or MEP means, within the context of BMP selection,
ser-ve the same purpose, (ii) where the BMRS ilvRuld_ Hot be teehnieally feasible, and,for (iii) whefe
the , est wetild be prohibitive— choosing effective BMPs; and rejecting applicable BMPs only
where other effective BMPs will serve the same purnose, the BMPs would not be technically
feasible, or the cost would be prohibitive
Municipal NPDES pPermit means the California Regional Water Quality Control Board,
Los Angeles Region, Order No. 01 182R4-2012-0175, NPDES Permit No. CAS004001, Waste
Discharge Requirements for Municipal St:,rm .Fate. A _ r Ir-han n,,.,, ff Di,,,,t,....ges Within *w�
Ceuftt3, of Los Angeles, and the lneEwpar-med Cities Therein, Exdept the City of hefig Beach,
any amendment the,.ete or -e issuaftee thefee` Separate Storm Sewer System (MS4) Discharges
within the Coastal Watersheds of Los Angeles County, Except Those Discharges Ori ig nating
from the City of Long Beach MS4, and any amendment, reissuance or revision thereto.
Municipal Separate Storm Sewer System or MS4 means these faeilit.e" within the eity b
whieh stefm water disehar-ge is eanveyed to waters of the United States, ineluding btA net limited
etwbs, gu#ers, ditehes, stefm drains, eanals, pipes, and fi3l4rieated —and natural e-h—an-n-t-alug a
conveyance or system of conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that have all of the
following features:
(a) owned or operated by the state, city, town, borough, county, parish, district,
association, or other public body created by or pursuant to State law including but not limited to
a special district, sewer district, flood control district, drainage district or similar entity, an Indian
tribe, authorized Indian tribal organization or any designated and approved management agency
under section 208 of the Clean Water Act; that discharges to the waters of the United States; and
has jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes;
(b) designed or used for collecting or conveying stormwater;
(c) not a combined sewer; and
(d) not nart of a Publiclv Owned Treatment Works (POTW) as defined at 40 CFR 6
122.2
Sec. 21.2.7. Definitions (N-O).
National Pollutant Discharge Elimination System or NPDES means a-peraniissued -bthe United States FwArawnenW Preteetion Ageney, the State Water Reseufees CerAfel Beaf
.,
that
•♦",rues a:"eharge" to waters of the United State" the national program for issuing, modifying,
revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and
enforcing pretreatment requirements, under the Clean Water Act S 307, 318, 402, and 405.
Natural Drainage System means a drainage system that has not been improved (e.g.,
channelized or armored). The clearing or dredging of a Natural Drainage System does not cause
the system to be classified as an improved drainage system.
New Development means land disturbing activities; structural development, including
construction or installation of a building or structure, creation of impervious surfaces; and land
subdivision.
Non-sStorm-water dDischarge means any discharge to the et ffffl drain syste.. MS4
andlor to a receiving waters that is not composed entirely of storm -water but may not neee""e«:1..
be an illieit disehar-ge.
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal
separate storm sewer discharges to waters of the United States and does not include open
conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other
conveyances which connect segments of the same stream or other waters of the United States
and are used to convey waters of the United States.
Owner or- ewns as applied to a building or real property, shall -means any owner of record
including but not limited to part owner, joint ownertenant, tenant in common, tenant in
partnership-, joint tenant tenant by the entirety of the whole or e€wpart of such building or
real property.
• O•
Sec. 21.2.8. Definitions (P-Q).
square feet or more of surface area, or with 25 or more parking spaces.
Person means an individual, trust, firm, partnership, corporation, or other legal entity.
Planning Priority Proiects means development projects subiect to the City's conditioning
and approval for the design and implementation of post -construction controls to mitigate
stormwater pollution, prior to completion of the proiect(s).
Point Source means anv discernible, confined, and discrete convevance. including but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharged. This term does not include return
flows from irrigated agriculture or agricultural stormwater runoff.
Pollutant as used in this chapter, has the same meaning as set forth in California Water
Code §43373 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.
Potable Water means water that meets the drinking water standards of the U.S.
Environmental Protection Agency.
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.
Proiect means all development, redevelopment, and land disturbing activities. The term is
not limited to "Proiect" as defined under the California Environmental Quality Act, California
Public Resources Code &210654.
Public Sanitary Sewer System means as used in California Penal Code S Seetien-374.2 as
amended of the DonAl P-RdII of the State ofCali
C « : A shall includin�e the city's sewers end
the publie storm drain system for purposes of enf ree.,,ent in the e:t.,
MEN a OMMMUMEM
Sec. 21.2.9. Definitions (R).
Rainfall Flarvest and Use means a LID BMP system designed to capture runoff, typically
from a roof but can also include runoff capture from elsewhere within the site, and to provide for
temporary storage until the harvested water can be used for irrigation or non -potable uses.
VON
Raw Water means water that is taken from the environment by drinking water suppliers
with the intent to subsequently treat or purify it to produce potable water. Raw water does not
include wastewater discharges from activities that occur at wellheads, such as well construction,
major well maintenance, or well development such as aquifer pumping tests and well purging.
Receiving waters means rivers, lake. . n . a4her bodies of...,.t..« that rpse:..e «unnff
waters of the United States into which waste and/or pollutants are or may be discharged.
Redevelopment means land -disturbing activity that results in the creation, addition, or
replacement of five thousand 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. ,
vefivifies _ _ed to immediately pretee4 publiie h,,aM e d .,a&Vy. Redevelopment does not
include routine maintenance activities that are conducted to maintain original line and grade,
hydraulic capacity, original purpose of facility or emergency redevelopment activity required to
protect public health and safety. Redevelopment does not include the repaving of existing roads
to maintain original line and grad
e
Regional Board means the appointed fnembe... a-fthe California Regional Water Quality
Control Board, Los Angeles Region.
Restaurant means a facility that sells prepared foods and drinks for consumption,
including stationary lunch counters and refreshment stands selling prepared foods and drinks for
immediate consumption and is identified as SIC Code 5812.
Retail Gasoline Outlet means any facility engaged in selling gasoline and lubricating oils.
Routine Maintenance means projects including, but are not limited to projects conducted
to:
1_ Maintain the original line and grade, hydraulic capacity, or original numose of the
facility.
2. Perform as needed restoration work to preserve the original design grade, integrity and
hydraulic capacity of flood control facilities.
3. Road shoulder work, regradiu dirt or gravel roadways and shoulders and performing
ditch cleanouts.
4. Update existing lines and facilities to comply with applicable codes, standards, and
construction of new lines or facilities necessary to comply with applicable codes, standards or
regulations that are not associated with existing facilities and are not part of a proiect to update
or replace existinglines.
ines.
5. Replace impervious surfaces such as the reconstruction of parking lots and roadway
which does not disturb additional area and maintains the original grade and alignment, is
considered a routine maintenance activity.
6. Repair leaks.
Runoff means the pei4i n ,. f rainfall , irrigation wale_ Rr other- v.,AtRr,,etiN':.:es , lSO
known as dry weather- flews tha4 flew .1eress the ground ..1IT.-fa 1e ....A e..e«tually to reeeiyin .
waters
water�any discharge including stormwater and dry weather flows from a drainage area that
reaches a receiving water body or subsurface. During dry weather it is typically comprised of
base flow either contaminated with pollutants or uncontaminated, and nuisance flows.
FWMVWrTrzMff"
Sec. 21.2.10. Definitions (S-V).
Sanitation Districts means County Sanitation Districts Number 1, 2, and 23 of Los
Angeles County.
Septic tTank 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.
SIC means the Standard Industrial Classification code which is a system for classifying
industries by a four -digit code.
Site means the land or water area where any "facility or activity" is physically located or
conducted, including adjacent land used in connection with the facility or activity.
Source Control BMP means any schedules of activities, prohibitions of practices,
maintenance procedures, managerial practices or operational practices that aim to prevent storm -
water pollution by reducing the potential for contamination at the source of pollution.
State Board or SWRCB means the State Water Resources Control Board of the California
Environmental Protection Agency (hereinafter "e�'�.
State Stormwater Pollution Prevention Plan or State SWPPP means a plan, as required
by a State General Permit, identifying potential pollutant sources and describing the design,
placement and implementation of BMPs, to effectively prevent non-stormwater discharges and
reduce pollutants in stormwater discharges during activities covered by a State General Permit.
Storm dDrain means any pipe, curb, gutter, catch basin, street, road, alley, waterway,
watercourse, drain, ditch, channel, stream bed, river bed, or tributary, whether a Nnatural
Drainage System or artificial drainage system, which is designed for or serves the purpose of
carrying off storm -waters, but does not include a sewer.
Storm Drain System means any facility or any parts of the facility, including streets,
gutters, conduits, Natural Drainage Systems, or artificial drains, channels and watercourse that
are used for the purpose of collecting, storing, transporting or disposing of stormwater and are
located within the City.
&Omf water- Funeff means afty surfaee water flew pfedueed by rain or- Storm
Water or Stormwater means runoff, snow melt runoff, and surface runoff and drainage related to
precipitation events.
Storm--Wwater Quality Management Plan or S MP 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 Municipal NPDES Permit, to
comply with applicable federal and state law, as the same is amended from time to time.
Structural BMP means any structural facility designed and constructed to miti atg e the
adverse impacts of stormwater and urban runoff pollution (e.g canopy, structural enclosure). The
category may include both Treatment Control BMPs and Source Control BMPs.
Total Maximum Daily Load or TMDL means the sum of the individual waste load
allocations for point sources and load allocations for nonpoint sources and natural background.
Urban Runoff means surface water flow produced by storm and non -storm events. Non -
storm events include flow from residential, commercial or industrial activities involving the use
of potable and non -potable water.
USEPA means the United States Environmental Protection Agency.
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.
sources to waters of the United States necessary to achieve a water quality standard.
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. in -a wr, , 089 Exh ^
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. (Ord. Ne. 1088
Sec. 21.4.2. inStormwater' "fi-feewater- not to be eonneeted with the
ublie se:rershall not be drained to the public sanitary sewer system.
It shall be unlawful for any pPerson to connect any roof conductor, yard drain or any
other conduit used for carrying off rainstormwater with any sanitary sewer of the city, unless said
connection is provided with a rainstormwater diversion system approved by the city engineer.
in.a Ne 1088 niiw n
Sec. 21.4.3. Privies, cesspools and septic tanks prohibited.
It shall be unlawful for any pPerson 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. (Ord N, 1088, Ddi n
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 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 Ppublic Sanitary Ssewer System shall require the approval of the city engineer and the
Sanitation Districts. (Ord No. 1088,
n t n
Sec. 21.4.5. Industrial wastewater discharge permit required.
It shall be unlawful for any pPerson 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. (Qf4.
Sec. 21.4.6. Excessive flow rates prohibited.
It shall be unlawful for any pPerson 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. (Ord Ne. 1088, c�w n
Article V. Storm Drains.
Sec. 21.5.1. Illicit dDischarges, dumping, and non -storm -water discharges.
(a) No pPerson shall cause or allow an iIllicit ai�ter Discharge into the
MS4 or to reeeivine waters.
(b) No pPerson shall place, dump, dispose, litter, accumulate, maintain, discharge,
track, or cause to enter into the MS4 any pollutant or any foreign object saeh-as including but not
limited to batteries, tires, waste receptacles, yard debris, refuse, rubbish, food waste, chemicals,
animal waste or oil cans. Tkese Such actions are also -considered iIllicit dDischarges.
(c) Any pPerson causing an iIllicit dDischarge *&4-may be required to pay
reimburse the city for the af all clean-up and remediation costs.
(d) Any pefsen whe owas any-QMMer of private property from which an Illicit
Discharge occurs fleii storm water ,aisehafge is observedmay be required to reimburse the city
for all costs of collection analysis cleanup and remediation pay f r he ,, t F ne
analyzing the oe to EleteFffline if it is an illieit diseharge.
(e) The following iiNon-sStorm-water discharges are not considered illlicit
dDischarges:
(1) Authorized Non-Stormwater discharges separately regulated by an individual or
general NPDES permit.
(2) Temporary non-stormwater discharges authorized by the USEPA pursuant to
sections 104(a) or 104(b) of -CERCLA that either (i) will comply with water quality standards as
ARARs under section 121 (d)(2) of CERCLA or (ii) are subject to (a) a written waiver of ARARs
by USEPA pursuant to section 121(d)(4) of CERCLA or (b) a written determination by USEPA
that compliance with ARARs is not practicable considering the exigencies of the situation -
pursuant to 40 CFR section 300.415(j). These typically include short-term, high volume
discharges resulting from the development or redevelopment of groundwater extraction wells or
USEPA or State -required compliance testing of potable water treatment plants as part of a
USEPA authorized groundwater remediation action under CERCLA.
(3) Natural Drainage System flows including: natural springs; flows from riparian
habitats and wetlands; diverted stream flows, authorized by the State or the Regional Board•
uncontaminated ground water infiltration• or rising ground waters where ground water seepage
is not otherwise covered by an NPDES permit.
(4) Discharges from Drinking Water Supplier Distribution Systems, where not
otherwise regulated by an individual or general NPDES permit, provided appropriate BMPs
monitoring and reporting requirements are implemented based on the City's MS4 BMP Manual
for Non-Stormwater Discharges and any amendment, revision, or reissuance thereof.
(55) Discharges listed as follows, have been determined by the BxeetAive O ffieer not
to be ^'gntea sources of pollutienants but shall meet all required conditions specified in the
city's MS4 BMP Manual for Non-Stormwater Discharges and anv amendment, revision, or
reissuance thereof,; : eluding but are of limited to: natuF l springs and rising gound >
wetlands;flows fizeffl riparian habftats or- streafn diversiens, pefmitted by the State Board3
unee.tami (fated ground water infiltr.tion [as defined by All GF 35 2005(20)1• 1 i a
lb
potable andscape irrigation runoff; potable dri: ki fi water supply and distribution . .rte ffi
susY nded selids reduetionY />drains for foundatiens,footings, a >
ai
eenditiening ndensate; dechlorinated/-debrominated swimming pool/spa discharges where not
otherwise regulated by a separate NPDES permit; dewatering of lakes and decorative fountains;
non-commercial car washing by residents or by nonprofit organizations; and street/sidewalk
r-in&iagsidewalk wash water.
INTO �-,IMMTM
Sec. 21.5.2. Illicit eConnections.
(a) No pPerson shall maintain or intentionally use a connection that operates to
convey an illlicit dDischarge to the munieipal sterfn • ate_ systemMS4.
(b) Upon discovery of an illlicit eConnection, the pPerson owning or operating such
connection shall at his or her sole cost either remove it or render it incapable of conveying an
illlicit dDischarge.
�� r�e!Lsr�rrrwrr
Sec. 21.5.3. Reduction of pollutants in runoff.
No person shall cause or threaten to cause the discharge of pollutants into the MS4 by
exposing such pollutants to storm -water runoff. (Ord. N 1088 Exh n .
Sec. 21.5.4. Control of pollutants from commercial facilities.
Subject commercial facilities shall implement BMPs prescribed by the rRegional bBoard
or its Executive Officer, through programs or actions made pursuant to the MMunicipal NPDES
pPermit, as more r .,arts, laxly a, ribed in the CitySterm water Quality Management Pla
ee
any revisions made thereto. (Ord. No 1088, Exh. A.) and any amendment, revision, or
reissuance 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 State Water Resources Control Board (hereinafter
"SWRCBD Water Quality Order No. 97-03-DWQ, Permit No. CAS000001, and any
amendment, revision or a-reissuance thereof, to operate without a General Industrial Activities
Storm-Wwater NPDES Permit.
(b) Industries that require a General Industrial Activities Storm-Wwater NPDES
Permit shall retain on -site the following documents: (i) a copy of the Notice of Intent for General
Permit to Discharge Storm-Wwater Associated with Industrial Activityies; (ii) a waste discharge
identification number issued by the SWRCB; and (iii) a State Storm-Wwater Pollution
Prevention Plan .
(c) Any industry in the city requiring a General Industrial Activities Storm-Wwater
NPDES Permit shall, upon 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-Wwater NPDES
Permit but are subject to pollution control requirements under the mMunicipal NPDES pPermit
shall implement BMPs prescribed by the rRegional bBoard or its Executive Officer, through
programs or actions made pursuant to the rttMunicipal NPDES pPermit and any amendment,
revision or reissuance thereof. in_a 'N , nov Exh. n
Sec. 21.5.7. Control of pollutants from state permitted construction activities.
(a) No pPerson shall be granted a grading permit or shall commence or continue any
construction activity that is subject to a General Construction Activityies Storm-Wwater NPDES
Permit without showing proof of having applied for such permit.
(b) For projects (including but not limited to soil disturbance, grading, vegetation
clearing, soil compaction, paving, re -paving and linear underground/overhead projects) of one
(1) acre or more or part of a larger project, including projects requiring a General Construction
Stormwater NPDES Permit, each proiect applicant shall submit to the City, for review and
written approval, an Erosion and Sediment Control Plan (ESCP) prior to the disturbance of land.
The construction site operator is prohibited from commencing construction activity prior to
receipt of written approval by the City.
(b) c)_Any pPerson engaged in a construction activity requiring an-NPDLI, General
Construction Activities Storm-Wwater 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 Activityies; (ii) a waste discharge
identification number issued by the SWRCB; (iii) a State Storm-Wwater Pollution Prevention
Plan and Monitering Pr&gFan 4an for the construction activity requiring the construction
permit; (iv) as E�pproved by the City 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.
(e)LdLAny pPerson engaged in a construction activity in the city requiring an NPDES
General Construction Activities Storm-Wwater n NPDES 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.
(Ord No 1084 Exh n
Sec. 21.5.8. Control of pollutants from other construction activities.
Any pPerson engaged in a construction activity that is not subject to the General
Construction Activities Storm-Wwater n NPDES Permit but is subject to the mMunicipal
NPDES pPermit, shall be required to comply with requirements contained therein-Rs-s�
the City'„ Ste fm Water- Qiiality Mail.., e ffient Plan and any
amendments, revisions, or reissuance thereof.
Sec. 21.5.9. Control of pollutants from new developments/redevelopment
projects.
OWN. WR%V
.
�.
This Section contains requirements for stonnwater pollution control measures in new
development and redevelopment projects, termed Planning Priority iect and authorizes the
City to further define and adopt stormwater pollution control measures, and to develop LID
principles and requirements, including but not limited to the objectives and specifications for
integration of LID strategies, grant waivers from the LID requirements, and collect funds for
projects that are granted waivers. Except as otherwise provided herein, the City shall administer,
implement, develop guidelines and enforce the provisions of this Section.
(a) The site for every Planning Priority Project shall be designed to control pollutants,
pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious
surface area and controlling runoff from impervious surfaces through infiltration,
evapotranspiration, bioretention and/or rainfall harvest and use.
(b) Planning Priority Projects subject to City conditioning and approval for the design
and implementation of post -construction controls to mitigate potential stormwater pollution,
prior to completion. of the projects), are:
(1) All Development projects equal to I acre or greater of Disturbed Area that adds
more than 10,000 square feet of impervious surface area.
(2) Industrial Parks 10,000 square feet or more of surface area.
(3) Commercial Malls 10,000 square feet or more of surface area.
(4) Retail Gasoline Outlets with 5,000 square feet or more of surface area.
(5) Restaurants, SIC code 5812with 5,000 square feet or more of surface area.
(6) Parking Lots with 5,000 square feet or more of impervious surface area, or with
25 or more parking spaces.
(7) Streets and roads construction of 10,000 square feet or more of impervious
surface area. Street and road construction applies to standalone streets, roads, highways, and
freeway projects, and also applies to streets within larger projects. Such projects shall be in
accordance with the City's green streets policy and manual and any amendment, revision or
reissuance thereof.
(8) Automotive Service Facilities. SIC codes 5013, 5014, 5511, 5541, 7532-7534 and
7536-7539, 5,000 square feet or more of surface area.
(9) Proiects located in or Directly Adjacent to, or discharging directly to an
environmentally sensitive area where the Development will:
i. Discharge stormwater runoff that is likely to impact a sensitive biological species
or habitat; and
ii. Create 2,500 square feet or more of impervious surface area
(10) Redevelopment projects
i. Land disturbing activity that results in the creation or addition or replacement of
5,000 square feet or more of impervious surface area on an already developed site on Planning
Priority Project categories.
ii. Where Redevelopment results in an alteration to more than fiftymercent of
impervious surfaces of a previously existing development, and the existing development was not
subject to post -construction stormwater quality control requirements, the entire project must be
mitigated.
iii. Where Redevelopment results in an alteration of less than fifty percent of
impervious surfaces of a previously existing development, and the existing development was not
subject to post -construction stormwater quality control requirements, only the alteration must be
mitigated, and not the entire development.
iv. Existing single-family dwelling and accessory structures are exempt from the
Redevelopment requirements unless such projects create, add, or replace 10,000 square feet of
impervious surface area.
(c) Design standards for the implementation of post -construction controls to mitigate
potential stormwater pollution requirements shall be in accordance with the City's Low Impact
Development Guidance Manual and any amendment, revision or reissuance thereof.
Article VI. 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 pPerson who
is cited for any violation of this chapter shall abate said violation forthwith. The dir�oi
city engineer (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. (Ord r,, 1088, n.,w n
Sec. 21.6.2. Containment and testing.
The health officer may order any pPerson 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 stone -water quality, the health officer may order said person to take
representative samples of the stone -water runoff and have these samples tested as directed by the
health officer. (era Ne. 1088,
> n
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 Pperson or Ppersons causing or contributing to
such conditions. If the invoice is not paid within sixty 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 days of imposition, the lien may be enforced in like manner to other real property
liens, including sale under execution. .
See. 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 pPerson or pPerson 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 pPerson 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
pPerson and/or the owner of the property. If the invoice is not paid within sixty days, the city
council may authorize a lien upon and against the real property. If the lien is not satisfied within
ninety days of imposition, the lien may be enforced in like manner to other real property liens,
including sale under execution. (Ord. Ne. 1088,
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._ (Ofd. Ne. 1088, Exh. A.)
Sec. 21.6.6. Rules and regulations generally.
The a...eeter- of,,,.........~it ...._. eesc ty en ig Weer may promulgate rules and regulations to
make specific the purpose of this chapter_, subjeet to the provision of eee4ien2°(a` oft e God
ef.he City of ve., en in..a No 1088, Exh n
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark C. Whitworth, City Administrator
lid
FROM: Samuel Kevin Wilsod, Director of Community Services & Water
DATE: October 28, 2013
SUBJECT: ORDINANCE NO.1216 AMENDING CERTAIN SECTIONS OF CHAPTER
21 OF THE CODE OF THE CITY OF VERNON REGARDING SEWERS
AND STORM DRAINS
Attached herewith is a Staff Report in which staff is recommending that the City Council:
1) Finds that this action is exempt under the California Environmental Quality Act
(CEQA) as follows:
a. The ordinance is exempt from CEQA pursuant to CEQA Guidelines
Section 15308 in that the ordinance is an action taken by the City in its role as a
regulatory agency authorized by state regulation and is intended to assure the
maintenance, restoration, enhancement, or protection of the environment where
the regulatory process involves procedures for protection of the environment. No
construction activities or relaxation of standards allowing environmental
degradation are proposed in conjunction with the adoption of this ordinance.
b. The ordinance is covered by the general rule set forth in CEQA Guidelines
Section 15061(b)(3) which provides that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it
can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to
CEQA. Here, the Ordinance involves procedures for the protection of the
environment and has no significant adverse effect on the environment.
2) Hold first reading of, and subsequently adopt Ordinance No. 1216 amending
certain sections of Chapter 21 of the Code of the City of Vernon regarding Sewers
and Storm Drains to comply with the municipal National Pollutant Discharge
Elimination System (NPDES) Permit.
Please place this item on the City Council agenda scheduled for November 5, 2013.
Thank you.
SKW/ca
Enclosure
CITY OF VERNON CITY COUNCIL MEETING
NOVEMBER 5, 2013
ORDINANCE NO. 1216 SUMMARY
(amending certain Sections of Chapter 21 of the Code of the City of Vernon regarding
Sewers and Storm Drains to comply with the Municipal National Pollutant Discharge
Elimination System (NPDES) Permit)
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1216
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1216 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on November 5, 2013. Ordinance No. 1216 is scheduled to be
approved and adopted by said Council at a regular meeting to be held on November 19,
2013.
On November 19, 2013, the City Council of the City of Vernon is proposing to adopt
Ordinance No. 1216 amending certain Sections of Chapter 21 of the Code of the City of
Vernon regarding Sewers and Storm Drains to comply with the Municipal National
Pollutant Discharge Elimination System (NPDES) Permit.
Dana Reed, Interim City Clerk of the City of Vernon, does hereby certify that Ordinance
No. 1216 was duly introduced to the City Council of the City of Vernon at a regular
meeting held on November 5, 2013, and said Ordinance is scheduled to be approved and
adopted at a regular meeting of the City Council to be n November 19, 3.
Dated:
J
lnterim City Clerk
i,as erxt �Txr-r,.
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN
NORTHEAST SUN, BELL GARDENS SUN
VERNON SUN, COMMERCE COMET
CITY TERRACE COMET, MONTEBELLO COMET
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET
AND WYVERNWOOD CHRONICLE
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper has been
adjudicated a newspaper of general circulation by
the Superior Court of the County of Los Angeles,
State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to -wit:
NOVEMBER 14,
all in the year 2013.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 14ih day of NOVEMBER, 2013.
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
November 5. 2013
Ordinance No. 1216 Summary
y
CITY OF VERNON CITY COUNCIL MEETING
NOVEMBER 19, 2013
ORDINANCE NO. 1216 SUMMARY
(amending certain Sections of Chapter 21 of the Code of the City of Vernon regarding
Sewers and Storm Drains to comply with the Municipal National Pollutant Discharge
Elimination System (NPDES) Permit)
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1216
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On November 19, 2013, the City Council of the City of Vernon approved and adopted
Ordinance No. 1216 amending certain Sections of Chapter 21 of the Code of the City of
Vernon regarding Sewers and Storm Drains to comply with the Municipal National
Pollutant Discharge Elimination System (NPDES) Permit.
I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby certify that Ordinance
No. 1216 was duly approved and adopted by the City Council of the City of Vernon at a
regular meeting held on November 19, 2013, and passed by said Council by the following
vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated: N - qo _ !
McCormick, Davis, Maisano,
Ybarra, Martinez
None
None
Interim City Clerk 1
This space is for the County Clerk's Filing Stamp
ztZirru 05'r-a"Up puttfiratilins, J_ stew
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 o Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN COMMERCE COMET
CITY TERRACE COMET, MONTEBELLO COMET,
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET
AND WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper has been
adjudicated a newspaper of general circulation by
the Superior Court of the County of Los Angeles,
State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to -wit:
NOVEMBER 21,
all in the year 2013.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 210tday of NOVEMBER, 2013.
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
November 19, 2013
Ordinance No. 1216 Summary
��a b Ate' i��W
8
COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mill Road, Whittier, CA 90601-1400
Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998
Telephone: (562) 699-7411, FAX: (562) 699-5422
www.locsd.org
Ms. Dana Reed, Interim City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Dear Ms. Reed:
GRACE ROBINSON CHAN
Chief Engineer and General Manager
November 5, 2013
Ref File No.: 2773332 RECEIVE®
NOV 12 2013
CITY CLERK'S OFFICE
Ordinance Amending Chapter 21 of the Municipal Code
This is in reply to your notice, which was received by the County Sanitation Districts of Los
Angeles County (Districts) on October 28, 2013. The proposed ordinance amendment is located within
the jurisdictional boundaries of Districts Nos. 1, 2, and 23. We offer the following comments
• The Districts are empowered by the California Health and Safety Code to charge a fee for the
privilege of connecting (directly or indirectly) to the Districts' Sewerage System or increasing the
strength or quantity of wastewater attributable to a particular parcel or, operation already
connected. This connection fee is a capital facilities fee that is imposed in an amount sufficient to
construct an incremental expansion of the Sewerage System to accommodate proposed projects.
Payment of a connection fee will be required before a permit to connect to the sewer is issued.
For a copy of the Connection Fee Information Sheet, go to www.lacsd .ore, Wastewater & Sewer
Systems, Will Serve Program, and click on the appropriate link. For more specific information
regarding the connection fee application procedure and fees, please contact the Connection Fee
Counter at extension 2727.
If you have any questions, please contact the undersigned at (562) 908-4288, extension 2717.
Very truly yours,
Grace Robinson Chan
Adriana Raza .
Customer Service Specialist
Facilities Planning Department .
AR:ar
DOC: B2782469.D010223
A
Recycled Paper tali