O1992
f \atty\mum\laws\barry\runoff2d-1 wpd
City Council Meeting 11-28-00
Santa MOnica, California
ORDINANCE NUMBER 1992 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 710
OF THE SANTA MONICA MUNICIPAL CODE RELATING
TO URBAN RUNOFF POLLUTION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAI N
AS FOLLOWS.
SECTION 1 Chapter 7 10 ofthe Santa Monica Municipal Code IS hereby amended
to read as follows
Chapter 7 10
URBAN RUNOFF POLLUTION
Section 7.10 010 Findings.
The City Council finds and declares
(a) The City of Santa MOnica's storm and surface water drainage
system IS planned, designed and operated to handle storm water runoff flows
from publIc and private propertIes In order to functIon effectively, thiS system
requires all private connectIons to It to be properly constructed, maintained
and operated
(b) Urban runoffflows from indIVIdual propertIes onto the streets, then
through storm drains to the beaches It IS therefore In the public Interest to
ensure that both public and private drainage systems are properly
maintained, In orderto faCIlitate the properfunctlonlng of the City's storm and
surface water drainage system, and to prevent pollutants from entenng the
Santa Monica Bay
(c) The number of beach closures In the state due to ocean pollution
have continued to Increase, especially In Southern California, while beach
closures have declined In other parts of the nation Urban runoff IS the single
largest source of thiS ocean pollution, and consequently, IS the number one
threat In the state to publiC health and water quality
(d) The City of Santa Monica IS a co-permittee underthe Los Angeles
County National Pollutant DIscharge Elimination System (NPDES) MUnicipal
Permit and as such is obligated to Implement a Standard Urban Storm Water
MitigatIon Plan ("SUSMP") and Best Management Practice ("BMP")
procedures to prevent and control the entry of pollutants Into the City storm
drain system and reduce the overall amount of urban runoff.
(e) In order to better control the quantity and quality of urban runoff
pollution, a program requIring eXlstmg propertIes to adopt "good
housekeeping" practices IS essential
(f) In order to reduce runoff contamination and runoff volume from
pnvate and publicly owned properties that Will be newly developed,
substantially rehabilitated or redeveloped In the future, a program ensunng
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that new developments Incorporate design elements which facilitate such
control is reqUired
(9) It IS In the best interest of the City to establish gUidelines and
procedures for control of the quality and quantity of urban runoff from
construction sites Within the City
Section 7 10 020 Purpose.
The purpose of thiS Chapter is to permanently modify the structural
causes of urban runoff pollution. The objectives of thiS Chapter Include the
reduction of both runoff volume and runoff contamination from eXisting
residential and nonresidential propertIes and from future developments ThiS
Chapter has two main goals First, It alms to ensure that project sites
maximize on-site percolation of runoff Second, thiS Chapter alms to ensure
that rain water IS dIrected or contained so as not to become polluted by
passage through contaminating matenal
Section 7 10 030 Definitions.
The follOWing words and phrases shall have the follOWing meanings
when used In thiS Chapter
(a) Area Susceptible to Runoff Any non-permeable surface
directly exposed to precipitation or In the path of runoff which leads directly
to neighbonng properties or to the public nght-af-way
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(b) Best Management Practices ("BMP") Practices principally
applicable to construction sites and new developments that reduce the
toxIcity contained In, and the volume of, water which runs Into storm drams,
treatment facIlities and the Santa Monica Bay The Los Angeles Regional
Water Quality Board ("Regional Board") has an approved list of BMPs and
a list of technical resources and reference matenals Any BMP not
specifically approved by the Regional Board may be used If they have been
recommended In one of the listed technical resources and reference
matenals The City Urban Runoff Management Coordinator and Englneermg
Department shall maintain updated caples of these lists and shall provide
them upon request
(c) Good Housekeeping Requirements ("GHR") Urban runoff
pollution control practices applicable to eXlstmg propertles~ which have been
demonstrated to signIficantly reduce and control urban runoff pollution that
runs into storm drams, treatment faCIlities and the Santa Monica Bay
(d) New Development For purposes of this Chapter, new
development shall constitute any of the follOWing
(1) Any construction project on a vacant site or on a site where fifty
percent (50%) or more of the square footage of the structures IS removed
pnor to construction
. (2) Any construction project where an eXisting bUlldmg or structure
has been damaged, or IS In need of repairs, or the owner desires to make
repairs, alterations, or rehabilitation In an amount exceeding fifty percent
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(50%) of the replacement cost of the bUildIng or structure For purposes of
this subsection, the City's BUlldmg Officer shall determine the replacement
cost of the bUilding or structure and may use the most current bUilding
valuation table published by the InternatIonal Conference of BUilding
Officials The BUlldmg Officer shall also determine the fair market value of
any necessary repaIrs and may calculate the fair market value of repairs
based on three responsible bids from properly licensed contractors.
(3) Any construction project that (a) results m Improvements to fifty
percent or greater of the square footage of a building, (b) creates or adds at
least 5,000 square feet of Impervious surfaces, or (c) creates or adds fifty
percent or more of Impervious surfaces
(4) Any construction project undertaken by the City where the
runoff controls required by thiS Chapter are feasible and economical, as
determmed by the Director of the Department of EnVironmental and Public
Works Management, but which would not otherwise constitute new
development as defined by subdivIsions (1) (2) or (3) of this subsection (e)
(e) Source Control 8M? Non-structural activIties, practices, and
procedures that are deSigned to prevent urban runoff pollution.
(f) Storm Event. 0 75 inches of rainfall wlthm a consecutive 24-
hour period that IS separated from the prevIous storm event by at least 72
hours of dry weather
(g) Structural 8MP Any structural faCilIty deSigned and
constructed to mitigate the adverse impacts of storm water and urban runoff
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pollution (e.g. canopy, structural enclosure) The category may Include both
Source Control and Treatment Control BMPs
(h) Treatment Control BMP Any engIneered system designed
to remove pollutants by Simple gravity settling of particulate pollutants,
filtration, biological uptake, media adsorption orany other physical, biological
or chemIcal process
(i) Urban Runoff or Urban Runoff Pollution Water and
suspended or dissolved materials deposited on surfaces and washed by
storms or other sources of flOWing water; through the flood control system
to the ocean Research studres have shown that urban runoff contributes
many pollutants to receiving waters ContaminatIon Includes bacteria and
Viruses, solid waste, and tOXICS such as heavy metals and petroleum-based
compounds.
(1) Urban Runoff Mitigation Plan A plan that shall be submitted
and approved In connection With any new development
Section 7.10.040 Good housekeeping requirements for
reduction of urban runoff applicable to all properties.
The follOWing good housekeeping requIrements shall be adhered to
by all persons within the City of Santa Monica.
(a) Collection, Storage and Minimization of Runoff
(1) Water used for IrrigatIon purposes shall not be allowed to run
off of a site.
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(2) Washing down paved areas shall be prohibited unless
necessary for health or safety purposes and not In violation of any other
provision of this Code If washmg down paved areas is authorized pursuant
to this subdIvIsion (2), BMP measures shall be implemented to remove
solids, such as litter and debns, sediments and hydrocarbons and other
organic chemicals
(3) The uncovered outdoor storage of unsealed contamers of
bUlldmg materials and lawn and automotive care products contalnrng
substances that may contribute pollutants to the storm water conveyance
system IS prohibited
(4) Commercial tenants, multi-family bUlldmg managers and
Industrial owners shall inspect trash receptacles and refuse storage areas on
a weekly basIs for loose garbage and liquid waste resIdue and shall not allow
such garbage and residue to enter the storm dram system Trash
receptacles shall have solid covers and shall be closed to prevent the entry
of ram and the eXit of wmd-blown litter Trash receptacles shall be
malntamed Without broken coveffi and leaks
(5) Swimming pools, hot tubs and spas shall be drained to
permeable surtaces and/or to the sewer and the water shall not be allowed
to flow off the site
(b) Maintenance of Equipment.
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(1) Objects such as vehicle motor parts containing grease, 011 or
other hazardous substances, and unsealed receptacles containing
hazardous materrals, shall not be stored In areas susceptible to runoff
(2) Any machine which IS to be repaIred or maintained In an
uncovered outdoor area shall be placed on a pad of absorbent materral to
contain leaks, spills or small discharges.
(3) Machinery and eqUipment, including motor vehicles, which are
leaking Significant amounts of 011 or flUid must be repaired
(c) Removal of Debris and Residue.
(1) All motor vehicle parking lots susceptible to runoff shall be
swept, at minimUm, on a monthly baSIS to remove debriS Lots with more
than ten parking spaces and all public parking faCilities shall be vacuum
swept, at minimUm, on a quarterly baSIS. However, lots are not required to
be vacuum swept for one month follOWing a day when preCipitation of one-
half Inch or more occurs.
(2) Fuel and chemical reSidue or other types of potentially harmful
material, such as animal waste, garbage or batteries, which IS located In an
area susceptible to runoff, shall be removed Immediately and disposed of
properly Household hazardous waste may be disposed of at the City's
household hazardous waste collection faCIlity or at any other appropriate
disposal site and shall not be placed In a trash container
(3) Intentional disposal of any trash, litter, debriS or hazardous
material of any type Into a storm drain IS prohibited. Section 5 20 040 of the
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Santa Monica Municipal Code prohibits discharge of other types of pollutants
IOta the storm dram
(d) Prohibition on Use of Pesticides and Fungicides Banned
from Manufacture.
Use of any pesticide, herbicide or fungicide, the manufacture of
which has been either voluntanly discontinued or prohibited by the
EnvIronmental Protection Agency, IS prohibited A list of these prohibited
substances shall be mamtalned and made available to the public by the
Environmental Programs DIVISion (EPD)
Section 7 10 050 Urban runoff reduction requirements for new
development.
The followmg urban ru noft reduction reqUirements shall apply to all
persons su bmlttmg applications for new development wlthm the City of Santa
MOnica
(a) At the time of submittal of an application for a new
development proJect, an applicant shall be required to submit an Urban
Runoff Mitigation Plan to the Department of Environmental and Public Works
Management
(b) In developmg an Urban Runoff MitIgation Plan, an applicant
shall Infiltrate ortreat projected runoff forthe new development by an amount
equal to or greater than the volume of runoff produced from a storm event
through mcorporatlon of design elements that address one or more of the
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goals set forth below In subdivIsions (1), (2), and (3) ofthls subsection The
design elements utilized by an apphcant may, but are not reqUired to, include
those provided on the hst below so long as the required projected runoff
Infiltration or treatment is achieved:
(1) Maximize permeable areas to allow more percolation of runoff
mto the ground through such means as
(I) blofilters
(11) green stripS
(III) swales
The use of permeable materials m lieu of or to replace hardscapes Will
Increase the amount of runoff seepage mto the ground
(2) MaXimize the amount of runoff directed to permeable areas
and/or maXimize stormwater storage for reuse or Infiltration by such means
as
(I) Orienting roof runoff towards permeable surfaces, drywells,
French drams, or other structural BMPs rather than directly to driveways or
non-permeable surfaces so that runoff will penetrate Into the ground Instead
of flowmg off-Site
(II) GradIng the site to divert flow to permeable areas
(III) Using Cisterns, retentIon structures or green rooftops to store
preCipitation or runoff for reuse.
(IV) Removmg or deSigning curbs, berms or the like so as to aVOid
Isolation of permeable or landscaped areas
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(3) Remove pollutants through InstallatIon oftreatment control BMPs
(4) For purposes of compliance with this Section, pools, hottubs, and
spas shall be considered Impermeable surfaces
(5) The Urban Runoff Mitigation Plan must also include the applicant's
plan for the mamtenance of all BMP's requIring ongoing mamtenance.
(6) All Urban Runoff MItigation Plans must Include the applicant's
signed statement accepting responsibility for all structural and treatment
control BMP maintenance The transfer of property subject to an Urban
Runoff Mitigation Plan must Include as a wntten condition to the transfer that
the transferee assumes full responsIbIlity for maintenance of any structural,
and/or source or treatment control BMPs
(c) The deSign elements established In thiS subsection (c) shall be
required for all new development except Single family reSidences.
(1) Urban runoff shall not be allowed to come Into contact with the
follOWing areas
(I) Loading and unloading dock areas,
(II) Repair and maintenance bays,
(III) Vehicle and equipment wash areas,
(IV) Fueling areas
(2) Where new development Will Include outdoor areas for the
storage of matenal that may contribute pollutants to the storm water
conveyance system, these materials must be.
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(I) placed In an enclosure such as, but not limited to, a cabinet, shed,
or similar structure that prevents contact with runoff or spillage to the storm
water conveyance system, or
(i1) protected by secondary containment structures such as berms,
dikes, or curbs
(3) The outdoor storage area for materials subject to subdivIsion (2)
of thIs Section must be'
(I) paved and sufficiently Impervious to contain leaks and spills
(II) covered With a roof or aWning to minimize collection of storm water
Within the secondary containment area
(4) The area where a trash receptacle or receptacles are located
for use as a repository for solId wastes must meet the follOWing Structural or
Treatment Control BMP requirements
(I) Drainage from adjOIning roofs and pavement must be diverted
away from the trash storage areas.
(Ii) The area must be covered With roof or awning (to prevent rain from
entering the area and sewer or storm drain conveyance system), screened
or walled to prevent off-Site transport of trash, and connected to the sanitary
sewer
(Ill) Trash binS must have solid covers and be covered at all times
except while being emptied.
(d) Any construction project adding down spouts, gutters and sub-
surface pipes directing stormwaterto the curb face shall have a French drain
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system of perforated pipe and gravel unless site-specific circumstances
endanger public safety so as to prohibit Its use as determined by the Director
of the Department of Environmental and Public Works Management The
requirements of thiS subsectIOn (d) shall apply even If the project does not
constItute new development as defined by thiS Chapter
(e) The City's evaluation of each Urban Runoff Mitigation Plan will
ascertain if the proposed plan meets the standards set forth In subsection (b)
of thiS Section Each plan Will be evaluated on ItS own merits accordmg to
the particular characteristics of the project and the site to be developed
(f) The Director of the Department of EnvIronmental and Public
Works Management or his or her designee shall approve or disapprove the
plan If the plan IS disapproved, the reasons for disapproval shall be given
In wntlng to the developer Any plan disapproved by the Director of
Environmental and Public Works Management or his or her designee must
be reVised by the developer and resubmitted for approval No bUilding
permit shall be Issued until an Urban Runoff Mitigation Plan has been
approved by the Department of Environmental and Public Works
Management
(g) A waiver from SectIon 7.10.050(b) may be Issued by the Director
of the Department of Environmental and PubliC Works Management or hIs
or her deSignee If the petItioner shows Impracticability of Implementmg these
requirements. Recognized circumstances demonstrating impracticability
mclude: (I) extreme limitations of space for treatment, (II) unfavorable or
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unstable sOil conditions at a site to attempt Infiltration, and (III) 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 10 feet from the sOil surface Any other
Justification for Impracticability must be separately petltloned by the City and
submitted to the Regional Board for consideration
(h) If a waiver IS granted for impracticability, the petitIoner will be
requ Ired to transfer the savIngs In cost, as determined by the Director of the
Department of Environmental and Public Works Management, to a City
stormwater mitigation fund to be used to promote regional or alternative
solutions for urban runoff pollution In the storm watershed, which may be
operated by a public agency or a non-profit entity
(I) Compliance with an approved Urban Runoff Mitigation Plan shall
be a condition of any required planning approval
Section 7 10060 Urban runoff requirements for construction
sites.
The following Best Management Practices, which address the
problem of urban runoff, shall apply to all construction sites In the City. These
requirements shall apply at the commencement of demolition of an eXisting
structure and/or commencement of construction and until receipt of a
certificate of occupancy.
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(a) A copy of any Storm Water Pollution Prevention Plan (SWPPP)
required to be submitted to the Regional Board shall be submItted to the CIty
at the same tIme
(b) Polluted runoff (runoff containing sediments and/or construction
wastes) from construction sites shall not leave the site
(c) Any sediments or other materials that are tracked off the site by
vehicles and equipment shall be removed the same day as they are tracked
off the sIte Where determined to be necessary by the Director of the
Department of Environmental and Public Works Management or hiS or her
deSignated representative, a temporary sediment barrier shall be Installed
(d) For any painting removal, paint preparatlon, or sandblasting
actiVities that Will result in particles entenng the aIr or landing on the ground,
BMP steps shall be Implemented to prevent or minimize to the maximum
extent practicable such particle releases Into the environment
(e) PlastiC covenng shall be utilized to prevent erosion of an
otherwise unprotected area, along WIth runoff devices to Intercept and safely
convey the runoff.
(f) No washing of construction or other vehicles shall be allowed
adjacent to a construction site No polluted runoff from washIng vehicles on
a construction sIte shall be allowed to leave the site
(g) Drainage controls shall be utilized depending on the extent of
proposed grading and topography of the Site, including but not limited to the
follOWing
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(1) DetentIon ponds, sedIment ponds, or infIltration pits
(2) DIkes, filter berms or ditches
(3) Down drainS, chutes or flumes
Section 7 10 070 Enforcement and Penalties.
(a) The Director of the Department of Environmental and Public
Works Management, or hiS or her deSIgnee, IS authorized to enforce
Sections 7 10040,7 10050 and 7 10060 as follows
(1) For the first failure to comply with any provision of Section~
710040, 710050 and 710060, the Department of Environmental and
Public Works Management shall Issue to the affected person a written notice
that Includes the following information
(I) A statement specifying the violation committed;
(ii) A specified time period within which the affected person must
correct the failure or file a written notIce disputing the notice of failure to
comply,
(III) A statement of the penalty for contInued noncompliance
(2) For each subsequent failure to comply with any provIsion of
Sections 7 10.040, 7 10 050 and 7 10 060 follOWing written notice pursuant
to thiS SectIon, the Director of the Department of EnVironmental and PublIc
Works Management may levy a penalty not to exceed five hundred dollaffi
Any statement Informing a violator of a Citation shall Include a notice setting
forth the hearing rights proVided In subsection (a)(3) below.
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(3) Any person assessed a penalty pursuant to subsection (a}(2)
may dispute the penalty by requesting a hearing on a form provided by the
City withIn the time and manner set forth In Section 6 16 030, provIded that
no hearing request shall be deemed timely filed and no hearing shall be held
unless, withIn the time period to request a hearing, the person deposits with
the CIty Treasurer money In the amountof any unpaid penalty due undertl:lls
Section If as a result of the hearing It IS determined that the penalty was
wrongly assessed, the City shall refund any money deposited to the person
The decision of the Hearing Examiner shall be final except for Judicial review
and shall not be appealable to the City Council
(4) It shall not be a defense to the assessment of any penalty or to
any other cIvIl enforcement action provided for under this Section for a
person to assert that any violation of SectIons 7 10 040, 7 10 050 and
7 10 060 was caused by the actions of a person other than the person
assessed except If the violation was caused by the crimInal or negligent
actIon of a person who was not an agent, servant, employee or family
member of the person
(5) Any penalty collected hereunder shall be deposited in the City's
Stormwater Fund to be used as reimbursement for the Department of
EnVironmental and Public Works Management's costs and expenses of
administration and enforcement of thiS Chapter.
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(b) Any violation of this Chapter shall constitute an Infraction
punishable by a fme offive hundred dollars Each day that a violation occurs
shall constitute a separate offense
(c) A violation of any provIsion of thiS Chapter IS declared to be a
public nuisance and may be abated pursuant to Santa Monica Municipal
Code Chapter 896 or by means of a CIvil action
(d) The City may enforce the provisions of thiS Chapter by means of
a cIvil action. The burden of proof m such cases shall be preponderance of
the eVIdence
(e) Any person who commits and act, proposes to commit an act, or
engages In any pattern and practice which violates thiS Chapter may be
enJomed therefrom by any court of competent JUrisdictIon
(f) The penalties and remedies established by this Chapter are not
exclusive, and nothIng in thiS Chapter shall preclude any person from
seekmg any other remedies, penalties or procedures proVided by law
Section 7.10080 Citywide urban runoff pollution prevention
education program.
The Department of EnVironmental and Public Works Management,
along with other City Departments, shall conduct an informatIonal program
to educate the public about the dangers of urban runoff pollution and the
means of preventmg such pollution The program shall educate reSidents
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and busmess persons who operate within the City about the contents of this
Chapter.
Section 7 10 090 Additional Best Management Practices
requirements.
If a determination IS made by the Director of the Department of
Environmental and Public Works Management that the public health and
safety may be compromised through the release of contaminants or
pollutants from a construction site or an eXisting parcel or as a result of new
development, the Director or his or her designee shall have the authority to
require additional BMPs besides those already required by thiS Chapter
and/or by an Urban Runoff MitigatIon Plan
SECTION 2 Any provIsion of the Santa Monica MUnicipal Code or appendices
thereto InconSistent wIth the provIsIons of thiS Ordinance, to the extent of such
inconsistencies and no further, IS hereby repealed or modified to that extent necessary to
effect the proVIsions of thiS Ordinance
SECTION 3 If any section, subsection, sentence, clause, or phrase of thiS
Ordinance IS for any reason held to be Invalid or unconstitutional by a deCISion of any court
of competent JUriSdIctIon, such deCISion shall not affect the validity of the remaining
portions of thiS Ordinance. The City CounCIl hereby declares that It would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
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declared Invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional
SECTION 4 The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance The City Clerk shall cause the same to be published once In the official
newspaper within 15 days after Its adoption. This Ordinance shall become effective 30
days from ItS adoption
APPROVED AS TO FORM:
,
.m n <11)1 ,-
I .". ! ~. J I /1
!I t1l~W 'M.I A ! lMitU...
MARSHA JO'VJES M08TRIE
City AttorneY'
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Adopted and approved thIs 28th day of October, 2~
Ken Genser~-
State of California )
County of Los Angeles) ss
City of Santa MOnica )
I, Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the
foregOing Ordinance No 1992 (CCS) had It'S introduction on November 14,2000, and
was adopted at the Santa Monica City Council meeting held on November 28,2000, by
the following vote
Ayes Council members Holbrook, Rosenstein, McKeown, Felnstem, Bloom,
Mayor Pro Tem O'Connor, Mayor Genser
Noes: Council members: None
Abstam Council membeffi None
Absent Council members None
ATTEST
~ -~,,~- ~~
Mana M Stewart, City Cldrk