In addition to the requirements for industrial waste as set forth in Chapter 13.40 of this code, the purpose of this chapter is to protect the environment and the health, safety and general welfare of the citizens of the city by:

A. Complying with all federal and state laws, lawful standards and orders applicable to storm water and urban runoff pollution control;

B. Prohibiting any discharges which may interfere with the operation of, or cause any damage to the storm drain system; and

C. Prohibiting illicit discharges and illegal connections to the storm drain system;

D. Reducing storm water runoff pollution to the maximum extent practicable;

E. Reducing nonstormwater discharges to the storm drain system to the maximum extent practicable; and

F. Developing and implementing procedures necessary to control storm water pollution from sediments, erosion, and construction materials from construction sites within the city;

G. Providing regulations and giving legal effect to certain requirements of that certain National Pollutant Discharge Elimination System permit issued to Los Angeles County and eighty-five cities by the Los Angeles Regional Water Quality Control Board, Los Angeles Region, on July 15, 1996, and as may subsequently be amended. (Ord. 5268 § 5 (part), 2001)

A. For purposes of this chapter, the following definitions shall apply. Any term not defined in this section will have the same meaning in this chapter as in the Federal Water Pollution Control Act Sections 101 through 607 ("Clean Water Act") 33 U.S.C.A. Sections 1251 through 1387, as amended; the Porter-Cologne Water Quality Control Act, California Water Code Sections 13000 through 13999, as amended, NPDES regulations, or in any amendment or supplement thereto. Such terms are incorporated by this reference.

"Automotive repair shop" means a facility that is categorized in any one of the following Standard Industrial Classification Codes: 5013 (motor vehicle supplies and new parts), 5014 (tires and tubes), 5015 and 5093 (auto wrecking yard); 5511 (new and used motor vehicle dealership); 5541 (gasoline service stations), 7532 (top, body and upholstery repair shops; paint shops), 7533 (automotive exhaust system repair), 7534 (tire retreading and repair), 7536 (automotive glass replacement), 7537 (automotive transmission repair), 7538 (general automotive repair), 7539 (automotive repair shops not elsewhere classified).

"Basin plan" means a water quality control plan adopted by the California Regional Water Quality Control Board for that certain specific watershed or designated area affecting or affected by the city.

"Best management practice" ("BMP") means any program, technology, process, siting, criteria, operational methods, measures, or engineered systems, which when implemented prevent, control, remove or reduce pollution to the maximum extent practicable.

"Commercial activity" means any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods or commodities or providing professional or nonprofessional services.

"Commercial development" means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

"Construction" means constructing, clearing, grading or excavation that results in soil disturbance. Construction includes structure teardown. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency construction activities required to immediately protect public health, welfare and safety.

"Development construction projects" means those projects constructed on privately and publicly owned land outside the public right-of-way.

"Discharge" means any release, spill, leak, pump, flow, escape, dumping or disposal of any liquid, semi-solid or solid substance collected or channeled through the city's storm drain system.

"Discretionary project" means a project which requires the exercise of judgment or deliberation when the public agency or public body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine ministerially whether there has been conformity with applicable statutes, ordinances or regulations.

"Hillside" means all that property encompassed within the limits of the ROS and RlR zones as set forth in Chapter 30.11 of this code, or property located in an area with known erosive soil conditions and where development would contemplate grading on any natural slope that is twenty-five (25) percent or greater.

"Illicit connection" means any human-made conveyance that is connected to the storm drain system without a permit, excluding roof-drains and other similar type connections, that serves as a pathway for any illicit discharge.

"Illicit discharge" means any discharge into the storm drain system that is prohibited under this chapter. Illicit discharges do not include those storm water discharges approved through an NPDES permit or discharges that are exempted or conditionally exempted as a special waiver from the California Regional Water Quality Control Board.

"Impervious surface" means any human-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

"Industrial activity" means any public or private activity which is associated with any of the eleven categories of activities defined in 40 CFR 122.26(b) (14) and required to obtain an NPDES permit.

"Industrial/commercial facility" means any facility involved or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, or any facility used in providing professional or nonprofessional services, including but not limited to, any facility defined by the Standard Industrial Classifications (SIC). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition.

"Infiltration" means the downward entry of water into the surface of the soil.

"Maximum extent practicable" means the standard for implementation of storm water management programs to reduce pollutants in storm water MEP refers to storm water management programs taken as a whole. It is the maximum extent possible taking into account equitable considerations and competing facts, including but not limited to, the gravity of the problem, public health risk, societal concern, environmental benefits, pollutant removal effectiveness, regulatory compliance, public acceptance, ability to implement, cost and technical feasibility.

"National Pollutant Discharge Elimination System," or "NPDES," means a regulatory system for issuing permits pursuant to the Clean Water Act that authorizes discharges to waters of the state and requires the reduction of pollutants in such discharges.

"New development" means land disturbing activities in conjunction with construction or installation of a building or structure, creation of impervious surfaces and land subdivision.

"NPDES" means the National Pollutant Discharge Elimination System, a nationwide program for issuing or reissuing, modifying, monitoring, enforcing or revoking permits and for other actions under Sections 307, 318, 402 and 405 of the Clean Water Act, 33 U.S.C.A. Sections 1317, 1328, 1342 and 1345, and as subsequently amended.

"NPDES permit" means a permit issued by the United States Environmental Protection Agency, the State Water Reclamation and Control Board or the California Regional Water Quality Control Board, that authorizes discharges to waters of the State and requires reduction of pollutants in such discharges.

"One hundred thousand square foot commercial development" means any commercial development that creates at least one hundred thousand square feet of impermeable area, including parking areas.

"Person" means any individual, partnership, firm, association, corporation, limited liability company or other legal entity.

"Pollutant" means any "pollutant" defined in Section 502(6) of the Clean Water Act (33 U.S.C. Section 1362(6)) or incorporated into the California Water Code Section 13373. Examples of pollutants include, but are not limited to, the following: commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge); metals such as cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals such as phosphorus and arsenic; petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease); excessive eroded soil, sediment, and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state; animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); and substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. The term "pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "pollutant" shall also not include any substance identified in this definition, if through compliance with the best management practices available, the discharge of such substance has been eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the elimination of the discharge to the maximum extent practicable through compliance with the best management practices available.

"Receiving waters" means all surface water bodies within Los Angeles County that are identified by the California Regional Water Quality Control Board in the basin plan.

"Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces. Redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Where redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMPs, the design standards of SUSMP apply only to the addition, and not to the entire development.

"Restaurant" means a facility that sells prepared foods and drinks for consumption, including but not limited to stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption.

"Source control BMP" means any schedule 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.

"Storm drain system" means those facilities, or any part thereof, including streets, gutters, conduits, natural and artificial drains, channels and watercourses, or other facilities that are used for the purpose of collecting, storing, transporting or disposing of storm water and are located in the city and does not include any sanitary sewer systems.

"Storm water runoff" means that part of precipitation from rainfall or snowmelt which travels across a surface to the storm drain system or receiving waters.

"Storm water" means water which originates from atmospheric moisture (rainfall or snow melt) which falls onto land, water, or other surfaces.

"Structural BMP" means any structural facility or device designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution to the maximum extent practicable including but not limited to canopies and structural enclosures. The term "structural BMP" may include both treatment control BMPs and source control BMPs.

"SUSMP" means the Standard Urban Storm water Mitigation Plan for Los Angeles and Cities in Los Angeles County adopted by the California Regional Water Quality Control Board, Los Angeles Region.

"Toxic materials" means any material(s) or combination of materials subject to either Section 307 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. Section 1251, et seq., and as subsequently amended, or the Toxic Substances Control Act, 15 U.S.C. Section 2601, et seq., as subsequently amended, or both, which directly or indirectly causes either acute or chronic toxicity in the receiving waters.

"Treatment control BMP" means any engineered system designated to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological or chemical process.

"Treatment" means the application of engineered systems that use physical, chemical or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

"Urban runoff" means surface water flow produced by storm and nonstorm events such as flow from residential, commercial or industrial activities involving the use of potable and nonpotable water. (Ord. 5425 § 13, 2004: Ord. 5268 § 5 (part), 2001)

A. General Discharge Prohibitions. No person shall discharge, cause, permit, or contribute to the discharge of any of the following to the storm drain system or receiving waters:

1. Any liquids, solids or gases which by reason of their nature or quantity are flammable, reactive, explosive, corrosive, toxic or radioactive, or by interaction with other materials could result in fire, explosion or injury;

2. Any solid or viscous materials which could cause obstruction to the flow or operation of the storm drain system;

3. Any pollutant that injures or constitutes a hazard to human, animal, plant or fish life, or creates a public nuisance;

4. Any noxious or malodorous liquid, gas or solid in sufficient quantity, either singly or by interaction with other materials, which creates a public nuisance, hazard to life, or inhibits authorized entry of any person into the storm drain system;

5. Any medical, infectious, toxic or hazardous material or waste.

B. Controlling the Discharge of Pollutants Associated with Industrial or Commercial Activities. Except as allowed under a general or separate NPDES permit, no person operating or performing any industrial or commercial activities within the city whether or not in an industrial/commercial facility, shall discharge, cause or permit the discharge of one or more of the following into the storm drain system:

1. Wastewater from steam cleaning, mobile carpet cleaning, or from other such mobile commercial or industrial operations;

2. Runoff containing grease, oil, antifreeze, other fluids from machinery, equipment, tools or motor vehicles, or hazardous substances;

3. Runoff from the washing of toxic materials from paved or unpaved areas;

4. Wastewater from the washing or rinsing of construction or grading equipment including, but not limited to, concrete, stucco, paint and architectural coatings;

5. Wash water from gas stations, automotive repair shops, or from other types of automotive facilities;

6. Food wastes from the washing of any floor coverings such as duck boards, grates, mats or rugs from any commercial kitchen, or from any other commercial or industrial food preparation or processing activity;

7. Runoff from the washing of impervious surfaces into the storm drain system. This provision shall apply except where such washing is specifically required by state or local health and safety codes or unless the discharge is conditionally exempt as street or sidewalk washing;

8. Discharge of commercial/public swimming pool filter backwash.

Violation of either subsection (B)(7), (B)(8), or both of this section, shall be punishable as a infraction pursuant to Section 1.20.010 of this code.

C. Controlling Spills, Dumping Or Disposal Of Materials To The Storm Drain System. In addition to any other anti-littering provisions provided in Chapter 8.32 of this code, no person shall do any of the following:

1. Throw, deposit, leave, cause or permit to be thrown, deposited, placed or left, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, gutter, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city so that such materials or any combination thereof, when exposed to storm water or any runoff, become a pollutant in the storm drain system;

2. Intentionally dispose or cause the disposal of leaves, dirt, or other landscape debris into the storm drain system;

3. Spill, dump or dispose any pesticide, fungicide or herbicide, into the storm drain system;

4. Leave, dispose, cause or permit the disposal of hazardous wastes in such a manner that results in a spill, leak or drainage of such wastes onto any sidewalk, street or gutter that discharges into, or flows with any other runoff into the storm drain system;

5. Store fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries and any toxic or hazardous materials in a manner which causes the runoff of pollutants from such materials or wastes into the storm drain system;

6. Dispose, discharge, or permit the discharge of any sewage or wastewater materials from any source into the storm drain system. (Ord. 5268 § 5 (part), 2001)

A. Illicit Discharges. No person shall discharge nonstormwater to the storm drain system, unless such discharge is specifically exempted herein, authorized by a separate or general NPDES permit, or exempted or conditionally exempted by the municipal storm water and urban runoff NPDES permit for Los Angeles County, as subsequently amended.

1. Exempt Discharges. The following storm water discharges shall be permitted:

a. Flows from riparian habitats or wetlands;

b. Diverted stream flows;

c. Flows from natural springs;

d. Rising groundwaters;

e. Uncontaminated groundwater infiltration;

f. Nontoxic or nonpollutant discharge or flows from emergency fire fighting activities.

2. Conditionally Exempt Discharges. The following nonstormwater discharges to the storm drain system shall be conditionally exempt; provided, however, that such discharges shall be subject to and shall comply with all appropriate BMPs that may be approved by the city:

a. Reclaimed and potable discharges from lawn and landscape irrigation;

b. Water line flushing;

c. Discharges from potable water sources;

d. Foundation drains;

e. Footing drains;

f. Air conditioning condensate;

g. Water from crawl space pumps;

h. Dechlorinated swimming pool discharges;

i. Discharges from individual residential car washing;

j. Discharges from nonprofit car washing;

k. Street washing (including sidewalk washing);

l. Flows from riparian habitats or wetlands;

m. Diverted stream flows;

n. Springs;

o. Rising groundwaters;

p. Uncontaminated groundwater infiltration.

B. Illicit Connections. No person shall establish, use, maintain, commence or continue any drainage connection or discharge to the storm drain system, including, but not limited to improperly installed or defective rain diversion systems or devices, that release pollutants into the storm drain system. Such illicit connections shall be subject to removal or modification.

C. Industrial Waste Permits for Storm Drain Connections. No permit for any storm drain connection pursuant to Chapter 13.40 of this code, shall be issued without approval from the city engineer that the discharge from such permitted connection is in compliance with the provisions of this chapter and all applicable federal and state storm water discharge regulations or requirements. (Ord. 5268 § 5 (part), 2001)

A. No person shall commence or continue any construction activity in the city that causes the disturbance of five or more acres of soil by clearing, grading, excavation or demolition without first demonstrating to the satisfaction of the city engineer that such person has filed a "notice of intent" to comply with the California General Permit for storm water discharges associated with construction activity, or has obtained a waste discharge identification number from the State Water Resources Control Board and has prepared a state storm water pollution prevention plan.

B. Any person engaged in construction activity pursuant to subsection A of this section shall retain at the construction site at all times documentation showing proof of compliance with subsection A.

C. As a condition for issuing any grading or building permit for construction activities pursuant to this section, an applicant shall incorporate into his or her construction plan, a plan for storm water pollution prevention which plan shall effectively control storm water pollution from such construction activities and operations. Any such storm water pollution plan shall be subject to review and approval by the director of public works. (Ord. 5268 § 5 (part), 2001)

A. No person shall commence or continue any construction activity in the city that causes the disturbance of at least two but less than five acres of soil or in a hillside area as defined in Section 13.42.020 of this code, by clearing, grading, excavation or demolition, or any combination thereof, without submittal and approval of a storm water pollution prevention plan that describes the implementation of BMPs to reduce storm water pollution to the maximum extent practicable. Such plan shall be part of the plans submitted as a condition of issuance of a building or grading permit and shall be implemented throughout construction.

B. No person shall commence or continue any construction activity in the city that causes the disturbance of less than two acres of soil by clearing, grading, excavation and demolition without approval of a plan that effectively provides for a minimum storm water quality protection. Such plan shall be implemented throughout construction. (Ord. 5268 § 5 (part), 2001)

A. As a condition of approval of a new development construction project, the applicant shall submit a storm water prevention plan for such project which plan shall describe the potential to discharge pollutants to the storm drain system based on the intended land use and to effectively control storm water pollution. Such plan shall be subject to review and approval by the director of public works.

B. Such storm water pollution prevention plan shall be subject to all applicable BMPs. Said BMPs shall be implemented and maintained during and following project completion. (Ord. 5268 § 5 (part), 2001)

A. General. Unless otherwise exempt, all discretionary projects as hereinafter set forth, shall meet the minimum storm water discharge requirements for the treatment and control of pollutants as established in the Standard Urban Storm water Mitigation Plan (hereinafter referred to as "SUSMP") adopted by the California Water Quality Control Board, Los Angeles Region, and the same is adopted by reference and as subsequently may be amended, modified or changed by regulation or by a court of competent jurisdiction. A copy of the SUSMP shall be available for viewing by the public and shall remain on file in the office of the city clerk with a copy in the office of the city engineer. Should any provision of this code or the Glendale Building and Safety Code irreconcilably conflict with the provisions of this section, this section shall prevail.

B. All of the following discretionary development and redevelopment projects are subject to minimum SUSMP requirements:

1. Single-family hillside residences;

2. One hundred thousand square foot commercial developments;

3. Automotive repair shops;

4. Retail gasoline outlets;

5. Restaurants;

6. Home subdivisions with ten to ninety-nine housing units;

7. Home subdivisions with one hundred or more housing units;

8. Parking lots five thousand square feet or more or with twenty-five or more parking spaces and potentially exposed to storm water runoff.

C. The discretionary projects enumerated in subsection B of this section shall be subject to the following minimum SUSMP design requirements:

1. Peak storm water runoff discharge rates;

2. Conservation of natural areas;

3. Minimization of pollutants of concern;

4. Protection of slopes and channels;

5. Provision of storm drain system stenciling and signage;

6. Design of outdoor material storage areas;

7. Design of trash storage areas;

8. Provision of proof of ongoing BMP maintenance;

9. Compliance with design standards for structural or treatment control BMPs except where excluded.

D. The following project categories shall be subject to additional SUSMP requirements:

1. One hundred thousand square foot commercial developments shall be subject to SUSMP priority project requirements for proper design of loading and unloading dock areas, repair and maintenance bays and vehicle and equipment wash areas.

2. Restaurants shall be subject to SUSMP requirements for the proper design of equipment and accessory wash areas.

3. Automotive repair shops shall be subject to SUSMP requirements for the proper design of fueling areas, repair and maintenance bays, vehicle and equipment wash areas and loading and unloading dock areas.

4. Parking lots shall be subject to SUSMP requirements for proper design of parking areas, limitation of oil contamination and performance of proper maintenance.

D. Waiver for Impracticability. A waiver for impracticability for a specific development or redevelopment project may be granted only when all other structural or treatment control BMPs have been considered and rejected infeasible as deemed by the director of public works. Such a waiver may thereafter be revoked by the Regional Water Quality Control Board Executive Officer for cause and with proper notice. Recognized situations of impracticability include but are not limited to:

1. Extreme limitations of space for treatment on a redevelopment project;

2. Unfavorable or unstable soil conditions at a site to attempt infiltration;

3. Risk of groundwater contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten feet from the soil surface;

4. Any other justification for impracticability that has been approved by the Regional Board or its Regional Board Executive Officer.

E. Limitations on use of Infiltration BMPs. Infiltration shall not be used as a BMP where:

1. The water table distance separation from the imposed infiltration BMP is ten feet or less in depth; or

2. Areas of industrial activity or high vehicular traffic, (twenty-five thousand or greater average daily traffic on a main roadway or fifteen thousand or more average daily traffic on any intersecting roadway) provided appropriate pretreatment is provided to ensure groundwater is protected and the infiltration BMP is not rendered ineffective by overload.

F. Alternative Certification for Storm water Treatment Mitigation. In lieu of conducting a detailed BMP review to verify structural or treatment control BMP adequacy, the city engineer may accept a signed certification from a California licensed civil engineer or architect that the plan meets the criteria established in SUSMP. (Ord. 5268 § 5 (part), 2001)