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SR-505-009~6 ~o~ ~~ 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). ~R Bi-fE Brte~l~ie~~l ~~ ~w~~_....~~ ~,,,II,-~,n E~fe~e E:~eeie}e+t~e E~~r $B~P ~B-~ ~efe}rt~ ~~ ~BB~~ , ~ 11 Zi ~9SA2~ ~~~ ~~ 2~l.a.l~~ o~ ~~ ~~onnc~ ~iiniiinii i ciroe c~i ni in ~n i n'a. '~ ~~ ~~ . +r •`•,~ `r-r Ra~1,T~ ~ ° f°'t° ~3 °~1JQ °iQJII ~ ~1"f ~ °:"P ° ~ 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. 19 (#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 ~ , , , , 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.-~ - .~._ ~~-~ IUTA~SNA JC~hJ Mt~UTRIE City At~c~rn~y 26