SR-505-009~6
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F_PWM:CP-NS:F/EPWM/ADM I N/Staffrpt/11-14-00/UrbanRunoffOrd00.doc
Council Meeting: November 14, 2000 San#a Monica, California
To: Mayor and City Council
From: City Staff
Subject: Recommendation to Introduce for First Reading an Amended Urban
Runoff Pollution Control Ordinance
Introduction
This report recommends that City Council introduce for first reading an amended Urban
Runoff Pollution Control Ordinance that will apply to new development, construction
sites and existing parcels in the City.
Background
In August, 1992, the City Council passed the Santa Monica Urban Runoff Pollution
Control Ordinance to reduce detrimental impacts on the Santa Monica Bay from urban
runoff. The current ordinance requires a runoff reduction of 20 percent for all new
development, implements pollution control standards for construction sites, and sets
forth various "good housekeeping" requirements for existing parcels. Since the mid-
1990s, this ordinance has helped to reduce runoff thereby reducing the amount of
contamination entering the storm drain system and flowing into Santa Monica Bay. The
physical Best Management Practices (BMPS) which have been installed in new
developments as a result of the ordinance, retain on site, or infiltrate, over 500,000
1
N OV 1 4 20l1~
gallons of runoff per average storm event. While the ordinance has been effective,
subsequent research and analysis, improvements in technology and new federal and
state requirements since 1992 require changes to the ordinance that will result in
significant additional reduction in runoff pollution from new development.
In January, 2000, the Regional Board adopted a numerical urban runoff retention
standard for several categories of new development. This standard mandates retention
or treatment of the volume of runoff produced from a 0.75 inch storm event. This
standard is more stringent than the City's existing requirement that new development
achieve a 20 percent overall reduction in runoff. The Regional Board also adopted limits
to runoff pollution from loading docks, material storage areas, refuse enclosures,
vehicle/equipment wash areas and fueling areas. The City, as well as every other
jurisdiction in the region, is required to have its enabling ordinance in effect before
February, 2001
Discussion
The proposed changes to the City's ordinance incorporate the new Regional Board
requirements, strengthen existing ordinance provisions, and further reduce the volume
and toxicity of urban runoff within Santa Monica The proposed ordinance achieves
these objectives through the implementation of requirements in three separate areas:
1) Expansion and strengthening of pollution control measures ("Good
Housekeeping" requirements) which apply to all existing property owners and
cover activities such as the storage of hazardous materials and sweeping of
surface parking lots;
2) Expansion and strengthening of pollution control and pollution prevention
measures which apply to all construction sites and cover activities such as
storage of excavated soil and construction materials and washing of construction
vehicles; and
3) Increasing the runoff reduction or treatment control requirement in new
development to 0.75 inch per 24 hour rain event.
Because the runoff reduction requirement for new development is stated in terms of a
numerical performance measure, the proposed ordinance gives considerable latitude to
designers/developers in regard to which BMPs or treatment controls they install or
construct to achieve that measure. Each development site has different physical
features and a different set of runoff mitigation design opportunities. Experience to date
with the City's current Urban Runoff Ordinance has shown that a new development can
expect, on average, to spend $1 to $2 per gallon of mitigated runoff, amounting to less
than one percent of the total project cost. With the more stringent standard mandated
by the Regional Board, staff estimates that the compliance cost per gallon of mitigated
runoff would remain at $1 to $2 per gallon, and the cost as a percentage of the total
3
project cost would increase to approximately two to three percent.
In instances where full compliance is physically infeasible (as defined by the
Ordinance), the applicant may receive a waiver from the Director of Environmental and
Public Works Management and pay an in-lieu fee to the City, which is equal to the
avoided costs of structural BMPs on their site Any in-lieu fees collected will be
deposited in the City Stormwater Fund and be used to implement urban runoff
mitigation solutions.
To ensure that designers, developers, businesses and residents are aware of the new
requirements, educational and outreach efforts are essential. Two workshops on the
proposed urban runoff ordinance changes targeted towards City staff and the
development community have been held. A brochure which explains the proposed
ordinance will be produced for distribution prior to the ordinance implementation date,
Other education and outreach efforts are in development and will be implemented over
the next several months, including outreach information which is targeted specifically at
existing properties and their Good Housekeeping requirements.
Budget/Financial I mpact
Adoption of the amended Urban Runoff Pollution Control Ordinance has no budget or
financial impacts other than a potential increase in Stormwater Fund revenues from
payment of in-lieu fees by new developments which receive a waiver. It is not possible
4
at this time to estimate the magnitude of these potential payments.
Recommendation
Staff recommends that City Council introduce for first reading an amended Urban
Runoff Pollution Control Ordinance.
Prepared by: Craig Perkins, Director of Environmental & Public Works
Management
Neal Shapiro, Urban Runoff Management Coordinator
Attachment: Urban Runoff Pollution Control Ordinance
5
f:\atty\mu n i\I aws\barry\ru noff-1.wpd
City Council Meeting 11-14-00
ORDINANCE NUMBER (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 7.10
OF THE SANTA MONICA MUNICIPAL CODE RELATING
TO URBAN RUNOFF POLLUTION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 7.10 of the 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 runoffflows
from public and private properties. In orderto 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 properfunctioning ofthe City's storm and
surface water drainage system, and to prevent pollutants from entering the
Santa Monica Bay.
(c) The number of beach closures in the state due to oceanpollution
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 qualit~
(ed) The City of Santa Monica is a co-permittee under the 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~ aetttte program requiring existing properties to adopt "good
housekeeping" practices is essential.
2
(fl In order to reduce runoff contamination and runoff volume from
private and publicly owned properties +~te~r that will be newly developed,
substantially rehabilitated or redeveloped in the future, a program ensuring
that new developments incorporate design elements which facilitate such
control is required.
(g) It is in the best interest of the City to establish guidelines and
procedures for control of the quality and quantitX of s~ef~ urban ~at~a~e
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 aims to ensure that project sites
maximize on-site percolation of runoff
. Second, this Chapter aims to ensure
that rain water is directed or contained so as not to become polluted by
passage through contaminating material,
3
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 directlyto neighboring properties orto }_~~the
public right-of-way.
(b) Best Management Practices ("BMP"). Practices principally
applicable to construction sites;-{~a~ifl~-le#s and new developments v~-tel~
that reduce the toxicity contained in; and the volume of; water1 which runs
into storm drains, 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 materials. Anv
BMP not specifically approved by the Regional Board may be used if theX
have been recommended in one of the listed technical resources and
reference materials. The City Urban Runoff Manaqement Coordinator and
Engineering Department shall maintain updated copies of these lists and
shall provide them upon request.
(c) Good Housekeeping Requirements ("GHR"). °`--~-- ...~`~-
Urban runoff pollution control practices applicable to existing propertiest
which have been demonstrated to significantly reduce and control s~a~~
w~a#e~ urban runoff pollution ~el~ that runs into storm drains, treatment
facilities and the Santa Monica Bay.
4
(d) New Development. For purposes of this Chapter, new
development shall constitute anv of the followinq:
~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
prior to construction.
(2) Any construction proiect where an existing building 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
~50°/a) of the replacement cost of the building or structure. For purposes of
this subsection, the City's Building 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
O~cials. The Building Officer shall also determine the fair market value of
anv necessan[ _repairs and mav calculate the fair market value of reaairs
based on three responsible bids from properly licensed contractors. a~r
,
,
~ Any construction project that (a) results in improvements to fiftv
percent or greater of the sguare 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 rec~uired by this Chaeter are feasible and economical, as
determined by the Director of the Department of Environmental and Public
Works Manaaement but which would not otherwise constitute new
development as defined by subdivisions (1) (2) or (3) of this subsection (e)
~e) Source Control BMP. Non-structural activities, practices, and
procedures that are desianed to prevent urban runoff pollution.
~f Storm Event. 0.75 inches of rainfall within a consecutive 24-
hour period that is separated from the previous storm event by at least 72
hours of dry weather.
~,q,) Structural BMP. Any structural facility designed and
constructed to mitigate the adverse impacts of storm water and urban runoff
pollution ~e.a. canopy, structural enclosure). The cateaory may include both
Source Control and Treatment Control BMPs.
L) Treatment Control BMP. Any enQineered system designed
to remove pollutants by simple gravity settlinq of particulate pollutants,
filtration. biological uptake, media adsorption oranyotherphysical, biological
or chemical process.
(gi) 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 studies 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.
Urban Runoff Mitigation Plan. A plan w~tiel~ that shall be
submitted and approved in connection with any new
development.
Section 7.10.040 Good housekeeping requirements for
reduction of urban runoff at a~plicable to all ~g properties.
The following good housekeeping requirements shall be adhered to
by all persons within the City of Santa Monica.
Collection, Storage and Minimization of Runoff.
(1) Water used for irrigation purposes shall not be allowed to run
off of a site,
(2) +~-~-~t~e~wWashing down e# paved areas shall be prohibited
unless necessary for health or safety purposes and not in violation of any
other provision of this Code. If washing down paved areas is authorized
pursuant to this subdivision (2), BMP measures shall be implemented to
remove solids. such as litter and debris. sediments and hydrocarbons and
other organic chemicals.
(~3) The uncovered outdoor storage of unsealed containers of
building materials containing +~a~are}etrs substances that may contribute
s
pollutants to the storm water conveyance system is prohibited ~s
~4) Commercial tenants, multi-family building managers and
industrial owners shall inspecttrash rece,ptacles and refuse storage areas on
a weekly basis for loose aarbage and liquid waste residue and shall not allow
such garbaae and residue to enter the storm drain system. Trash
receptacles shall have solid covers and shall be closed to prevent the entry
of rain and the exit of wind-blown litter. Trash receptacles shall be
maintained without broken covers and leaks.
~5) Swimmina pools, hot tubs and spas shall be drained to
permeable surfaces and/or to the sewer and the water shall not be allowed
to flow off the site.
Maintenance of Equipment.
(1) Objects such as vehicle motor parts containing grease, oil or
other hazardous substances, and unsealed receptacles containing
hazardous materials, shall not be stored in areas susceptible to runoff.
Any machine which is to be repaired or maintained in an
uncovered outdoor area shall be placed on a pad of absorbent material to
contain leaks, spills or small discharges
(3) Machineryand equipment, including motorvehicles, which are
leaking significant amounts of oil or fluid must be repaired.
9
(c) Removal of Debris and Residue.
1) All motor vehicle parking lots susceptible to runoff t~seel-#ef
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~efet~eve
. However, lots are not required to bevacuum sweptforone
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 ' anytrash, litter, debris
or hazardous material of any type into a storm drain is prohibited. Section
5.20.040 of the Santa Monica Municipal Code prohibits discharge of other
types of pollutants into the storm drain.
(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 voluntarily discontinued or prohibited by the
Environmental Protection Agency, is prohibited. A list of these prohibited
io
substances shall be maintained and made available to the public bv the
Environmental Proarams Division (EPD).
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Section 7.10.0509fiA Urban runoff reduction requirements for
new development.
The following urban runoff reduction requirements shall apply to all
persons submitting applications for new developmentwithin the City of Santa
Monica.
At the time of submittal of an application
a~e~+ for a new development project, an applicant shall be required to
submit an Urban Runoff Mitigation Plan to the Department of ~a+
~5 Environmental and Public Works Management.
In developing an Urban Runoff Mitigation Plan, an applicant
e}e~tetepef shall fe~a~e infiltrate or treat projected runoff for the new
development a-{~afeet bv an amount equal to or
greater than the volume of runoff produced from a storm event through
~ra~~r~~r~~~~~ r~~ d~~~~~ ~I~m~r~~~ ~ .~~. ~i` t~~t ~d~lr~~~~ ~~ ~r~~
or more of the goals set forth bel~~w as in subdivisions (1), (2)1 and (3) of this
subsection. The design etements utilized by an applicant ~e~efe~ef may, but
are not required to, include those provided on the list below so lonq as the
reauired projected runoff infiltration or treatment is achieved:~re
. ~~hr
,
~~
13
}~te~ease Maximize permeable areas:-
s~ee to allow more percolation of runoff into the ground through such
means as:
~ biofilters
(ii) green strips
iii swales
The use of ~s permeable materials in lieu of or to
replace hardscapes will increase the amount of runoff seepage into the
ground.
,
~~
, ,
;
~e Maximize the amount of runoff directed to
i~permeable areas and/or maximize stormwater storage for reuse or
infiltration by such means as:
(i) Orientin~c ~ roof runoff towards
permeable surfaces~ drywells. French drains. or other structural BMPs
14
rather than directly to driveways or non-permeable surfaces so that runoff
will penetrate into the ground instead of flowing off-site.
a~y Gradingthe site to divert flow to
permeable areas.
,
~et~ava~
Usin~c e cisterns, retention structures or ~R rg een rooftops
to store precipitation or runoff for reuse-1
'.> .
er-~etrs~
Removing or $designing curbs, berms or the like so as to avoid
isolation of permeable or landscaped areas.
(3) Remove pollutants through installation of treatment control BMPs.
(4) For purposes of comeliance with this Section, pools, hot tubs, and
spas shall be considered impermeable surfaces.
~ The Urban Runoff Mitigation Plan must also include the applicant's
plan for the maintenance of all BMP's requiring ongoing maintenance
(6) All Urban Runoff Mitigation Plans must include the applicant's
sianed 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 written condition to the transfer that
is
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
followinq areas:
~ Loading and unloading dock areas,
ii Repair and maintenance bays,
Vehicle and equi~ment wash areas.
Fueling areas.
(2) Where new development will include outdoor areas for the
storaae of material that may contribute pollutants to the storm water
conveyance system, these materials must be~
16
~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
(ii) protected bksecondarv 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 su~ciently impervious to contain leaks and spills.
(ii) covered with a roof or awninq to minimize collection of storm water
within the secondary containment area.
~ 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) Drainaqe from adjoining roofs and pavement must be diverted
away from the trash storaqe 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.
(iii) Trash bins must have solid covers and be covered at all times
except while being emptied.
(d) Anv construction project adding down spouts gutters and sub-
surface qiqes directing stormwater to the curb face shall have a French drain
17
system of perfarated ~ipe and yravel unless site-~ecific 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.
The City's evaluation of each Urban Runoff Mitigation Plan will
ascertain if ~eFf the proposed plan meets the
standards set forth in subsectiori (b) of this Section a~e~te. Each plan will be
evaluated on its own merits according to the particular characteristics of the
project and the site to be develaped.
(e~f) The Director c~f 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
writing to the developer. Any plan disapproved by the Director of ~~+
~e~t'tees 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.
ia
. , ,
. .. . '
~
, ~ •
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 implementing these
recLuirements. Recognized circumstances demonstrating impracticability
include: (i~ extreme limitations of space for treatment, ii unfavorable or
unstable soil conditions at a site to attem~t 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 imqracticability must be separately petitioned by the City and
submitted to the Regional Board for consideration.
If a waiver is aranted for impracticability, the petitionerwill be reauired
to transfer the savinqs in cost, as determined bv the Director of the
Department of Environment and Public Works Management to a Citx
stormwater mitiqation 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.
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(#i) Compliance with an approved Urban Runoff Mitigation Plan shall
be a condition of any required planning approval.
Section 7.10.06~0 Urban runoff requirements for
construction sites.
The following Best Management Practices, which address the
problem of urban runoffs shall apply to all construction
sites in the City.
. These requirements shall apply at the
#~e commencement of demolition of an existing structure and/or
commencement of construction and until receipt of a certificate of
occupancy=_
(a) A copy of any Storm Water Pollution Prevention Plan (SWPPPI
required to be submitted to the Regional Board shall be submitted to the City
at the same time.
Polluted f~runoff; ~runoff containing sediments and/or
construction wastes) from construction sites shall not
leave the site;
Any sediments or other materials vv~ife~r 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 B~g
9##~eia+ Director of the Department of Environmental and Public Works
20
Management or his or her designated representative, a temporary sediment
barrier shall be installed;
~d) For any painting removal, paint preparation, or sandblastina
activities that will result in particles entering the air or landinq on the ground,
BMP steps shall be implemented to~revent or minimize to the maximum
extent practicable such particle releases into the environment:
(e) , P~lastic covering shall t~raq 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 't~ts#~ia~vehicles shall be
allowed adjacent to a construction site. No olp luted runoff from washing
vehicles on a construction site shall be is allowed to leave the site;
(g) Drainage controls shall be utilized ~s-~reee}eel; depending on the
extent of proposed grading and topography of the site, including but not
limited to the following:
(1) Detention ponds, sediment ponds, or infiltration pits,
(2) Dikes, filter berms or ditches,
(3) Down drains, chutes or flumes.
21
Section 7.10.070A59 Enforcement and Penalties ~~~-~a
(a) The Director of the Department of
Environmental and Public Works Management, or his or her designee, is
authorized to enforce Sections 7.10.040. 7.10.050 and 7.10.060 as follows:
(1) For the first failure to comply with any provision of Sections
7.10.040. 7.10.050 and 7.10.060, the Department of
Environmental and Public Works Management shall issue to the affected
person a written notice vvi~rie~r 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
Environment and Public Works Management may levy a penalty e~eRe not
to exceed five hundred dollars. Any statement informing a violator of a
citation shall include a notice setting forth the hearing rights provided in
subsection (a)(3) below.
(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
22
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 amount of any unpaid penalty due under this
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 forjudicial 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 ~r~
f~afle# City's Stormwater Fund to be used as reimbursement for the
Department of ' Environment and Public Works
Management's costs and expenses of administration and enforcement of this
Chapter.
(b) ~e ~ violation of this Chapter shall constitute an infraction
punishable by a fine of eRe five hundred dollars. Each day that a violation
occurs shall constitute a separate offense.
23
(c) A violation of any provision of this Chapter is declared to be a
public nuisance and
may be abatedpursuant to Santa Monica Municipal Code Chapter 8.96 or
by means of a civil action.
(d) The Citv may enforce the provisions of this Chapter by means of
a civil action. The burden of proof in such cases shall be preponderance of
the evidence.
~e) Anyperson who commits and act, proposes to commit an act, or
engaqes in any pattern and practice which violates this Chapter may be
enjoined therefrom by any court of competent jurisdiction.
(f e}) The penalties and remedies established by this Chapter si~a++
are not exclusive. and nothing in this Chapter shall preclude
any person from seeking any other remedies, penalties or procedures
provided by law.
Section 7.10.080 Citywide urban runofF pollution prevention
education program.
The Department of Environment 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 ~~ preventing such pollution. The
program shall educate residents and business persons who operate within
the City about the contents of this Chapter. .
24
~
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,
,
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Section 7.10.090 Additional Best Management Practices
requirements.
If a determination is made by the Director of the Deqartment of
Environmental and Public Works Manaaement that the public health and
safet ma be com romised throu h 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
reauire additional BMPs besides those already required by this Chapter
and/or by an Urban Runoff Mitigation Plan.
2s
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
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:
C.-~ -
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IUTA~SNA JC~hJ Mt~UTRIE
City At~c~rn~y
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