SR-8-B (68)
8-[1
CM:EPD:CP:nonpoint
council Meeting: August 11, 1992
Santa Monica, California
AUG 11 iS92
To: Mayor and City Council
From: City staff
Subject: Recommendation to Adopt Ordinance to Reduce Urban
Runoff Pollution
INTRODUCTION
This report recommends Council adoption of the attached ordinance
to control and reduce urban runoff pollution. The proposed
ordinance will implement pollution control requirements for
existing parcels and new construction sites and will require a 20
percent reduction in urban runoff from all newly developed
parcels within the city.
BACKGROUND
storm drains are the largest source of pollution to the beaches
and near-shore waters of Southern Californ1a. Unlike sewage and
industrial sources of pollution, urban runoff pollution can only
be partially reduced through the use of "end of the pipell
technologies such as treatment facilities. During the dry
season, runoff amounts to millions of gallons each day entering
Santa Monica Bay. During a rainstorm, the volume increases to
billions of gallons. Most of the pollutants entering the storm
1
8-B
AUG 1 1 1992
drains are referred to as "non-point source" pollution because
their exact sources cannot be ident1fied. In fact, these non-
point source pollutants are almost everywhere. Accordingly, the
United states Environmental Protection Agency has recognized that
solutions to urban runoff pollution must involve large-scale
public education programs and changes in construction and
development practices. The EPA is currently spearheading efforts
to make sweeping changes in the way that all major cities in the
country permit discharges into storm drain systems through the
National Pollution Discharge Elimination System (NPDES) permit
process.
The City of Santa Monica already has in place and continues to
develop many programs to respond to the pollution problems
associated with urban runoff. Among these are a regular catch
basin cleaning program; aggressive enforcement actions against
illegal dischargers; restrictions on exterior water usage to
decrease runoff; a hazardous waste minimization program to
alleviate illegal dumping of toxic materials; a hydrocarbon
pollution sensor and alarm system; diversion of dry weather flows
from the pico Kenter storm drain into the Hyperion sewage
treatment system, feasibility analysis and design for
construction of a permanent treatment and water reclamation
facility for dry weather storm drain flows; and, an extensive
community outreach and public education program.
2
In order to build upon these programs and more effectively
address the problem of non-point source pollution, on August 13,
1991, city Council directed staff to draft an ordinance to
require a reduction in the amount of urban runoff pollution
entering Santa Monica Bay from both new development and existing
parcels. This proposed ordinance, the first of its kind in the
United states, is described below.
DISCUSSION
The proposed ordinance aims to reduce the volume and toxicity of
urban runoff within Santa Monica through the implementation of
three separate sets of requirements:
1) Adherence to pollution control measures ("Good Housekeeplngn
Requirements) by all properties;
2) Pollution control mandates for all construction sites; and
3} Overall 20 percent reduction In urban runoff flows from all
new development.
It should be recognized, however, that the ordinance will only
reduce and not eliminate urban runoff pollution. The ordinance
will also not change the allowable land uses for any given
parcel, will not require lower development densities, and will
not generate revenues for the city. The proposed ordinance
3
constitutes one facet of the city's multi-pronged stormwater
pollution control program.
Good Housekeepinq Requirements for Existing Properties
The proposed ordinance requires all properties in the city to
adhere to a group of common sense guidelines designed for the
households and businesses which occupy the property. These Goad
Housekeeping requirements include:
o Prohibition on landscape irrigation practices which cause
runoff, hose washing of paved areas, leaving hose running
while washing vehicles, and improper or wasteful discharge
of water into the storm drain system;
o Adherence to guidelines on outdoor storage of hazardous
materials;
o Prohibition on storage of motor vehicle parts in areas
susceptible to runoff;
o Requirement to repair and/or contain leaks, spills, and
discharges of hazardous materials from vehicles and
machinery;
o Regular cleaning requirements for surface parking lots to
reduce the amount of pollutants which could be carried into
4
the storm drains;
o Prohibition on the disposal of landscape debris into
gutters, catch basins, or other areas susceptible to runoff;
and
o Prohibition on the use of pesticides and fungicides which
have been banned from manufacture by the United states
Environmental Protection Agency.
Failure to comply with any provision of the Good Housekeeping
requirements may result in a $100 penalty for each day that a
violation occurs.
These proposed Good Housekeeping requirements as well as the
other provisions of the proposed urban runoff ordinance are
intended to be applied within the overall context of a
comprehensive toxics use reduction policy. Such a policy is
currently being formulated by City staff. The best way to prevent
toxic pollutants in stormwater 1S to reduce the number of toxic
substances which exist in the general community. The
implementation of an aggressive toxics use reduction program
through a combination of public information, community outreach
and adoption of toxics minimizat10n practices by the city, school
district and other large entities is a key corollary effort with
the proposed urban runoff ordinance.
5
.
CONSTRUCTION SITE POLLUTION CONTROL
The proposed ordinance incorporates various pollution control
requirements for all projects undergoing construction in the
city. The Best Management Practices list set forth below shall be
deemed to be a part of any Construction Management Plan required
by the city. The requirements apply at the time of demolition of
an existing structure and remain in effect until receipt of a
certificate of occupancy.
o Sediment and constructlon waste must be contained on-site
and not allowed to contaminate runoff into streets, alleys,
gutters or stormdrainsi
o Any sediments or construction wastes which are tracked off
the site by vehicles, equ~pment or personnel must be cleaned
up on a daily basis;
o Soil excavation must be managed such that sediment
contamination of runoff does not occur;
o Construction vehicles and equipment must not be washed in a
manner which results in runoff from the construction site;
o Proper drainage controls must be in place throughout the
construction period to ensure that runoff contamination from
~he site is minimized.
6
URBAN RUNOFF REDUCTION REQUIREMENTS FOR NEW DEVELOPMENT
At present, many new development projects are required by the
city to install oil water separators to reduce the contamination
of runoff from paved areas used for vehicle parking. certain
larger projects in the City, such as the Arboretum, Water Garden,
and other hotel or office building projects have been required to
design and construct on-site stormwater detention basins to
collect runoff from the sites and allow either percolation into
the soil or delayed release into stormdrains after most sediments
have settled out.
The proposed ordinance would go well beyond these current
requirements by requiring each new development in the City to
reduce projected runoff volume and runoff contamination levels by
at least 20 percent through incorporatlon of design elements or
principles which address each of the three major goal areas of
the ordinance. The ordinance also requires that all parking lots
be designed so that they can contain one inch of precipitation in
a 24 hour period. The three major goal areas and some of the Best
Management Practices which m1ght be used to achieve the goal are
listed below:
1) Increase permeable areas to allow percolation of runoff
into the soil
7
o Use of porous paving materials
o Divert runoff to landscape areas
o Construct swales, berms, french drains, green
strips or other natural drainage features
2) Minimize the amount of runoff directed to impermeable
areas and/or maximize storm water storage for reuse
o Install raingutters and direct them to permeable
areas
o Modify property grades
o Use retention structures, sediment traps or other
devices to intercept runoff
3) Reduce parking lot pollution
o Increase the permeability of the parking area
through anyone of a number of BMPs
o Install oil and water separators
The ordinance lists various specific Best Management Practices
which could be incorporated into a new project to achieve these
goals. The design elements actually utilized by a developer do
not necessarily have to include those listed in the ordinance
since the intent of the ordinance is to stimulate the creation of
new and innovative approaches to curbing urban runoff pollution
B
by allowing much flexibility in the design of proposed BMPs.
Although the design elements are set forth in the ordinance as if
they address only one of the goals, in many cases they can be
used to address multiple goals ~n achieving the reduced runoff
stipulated by the ordinance. Illustrations of some of the
standard BMPs which can be used to achieve the 20 percent
reduction in urban runoff are attached as exhibits 1 through 6.
URBAN RUNOFF MITIGATION PLAN
At the time of submittal of an application for the first planning
approval for a new development project, an applicant will be
required to submit an Urban Runoff Mitigation Plan which details
how the proposed project will comply with the runoff pollution
reduction requirements of the ordinance. New development, for
purposes of the ordinance, is defined as an increase of fifty
percent (50%) or greater in the size of a slngle family home,
addition of one or more dwelling units in a multi-family
structure, or improvements to a non-residential property which
are valued at fifty percent (50%) or more of the value of the
existing improvements on the site. The city's evaluation of each
mitigation plan will ascertain how well the proposed plan meets
the objectives of the ord~nance. Each plan will be evaluated on
its own merits according to the particular characteristics of the
project and the site to be developed. The City will approve or
disapprove any Urban Runoff Mitigation Plan within fourteen
calendar days of submittal. No building permit will be issued for
9
projects covered under the ordinance until a mitigation plan has
been approved by the city.
Full or partial waivers of compliance with the ordinance may be
obtained by those projects which can demonstrate that
incorporation of design elements that address the obJectives set
forth in the ordinance is an economic and/or physical
impossibility due to the particular configuration of the site or
to irreconcilable conflicts with other city requirements.
Requests for waivers will be approved or disapproved by a three-
member board comprised of one representative each from the
City's Planning Division, General Services Department, and city
Manager's Office.
Due to the lack of precedence and the lack of experience with the
proposed ordinance, it is also proposed that an evaluation of the
effectiveness of the ordinance be completed within one year of
the effective date of the ordinance and not less than once every
two years thereafter. The written evaluation will be submitted to
the City council and will address the need for any revisions
which may be necessary to ensure the maximum effect~veness of
both the ordinance and the city's monitoring and enforcement
capabilities.
By achieving the objectives of the proposed ordinance, Santa
Monica will lessen the risks to the health and safety of the
10
community, enhance the attractiveness of Santa Monica to
residents, business and visltors, and reduce the threat which
storm drain pollution poses for the marine ecosystem of Santa
Monica Bay. An important corollary benefit of the proposed
ordinance will be to reduce the volume of urban runoff in areas
of the City where the capacity of existing storm drain lines has
been reached which may allow the city to defer capital
expenditures for expansion of the system.
BUDGET/FISCAL IMPACT
The adoption of the proposed urban runoff pollution control
ordinance will have no budget impact.
RECOMMENDATION
It is recommended that the city Council adopt the attached
ordinance to control and reduce urban runoff pollution and
protect Santa Monica Bay.
Prepared by:
Stanley Scholl, Director of General Services
Paul Berlant, Director of Land Use and
Transportation Management
Craig Perklns, Environmental Programs Manager
Richard Gonzalez, Senior Administrative Analyst
Attachments
11
Exhlbit I
POROUS PAVEMENT SCHEMATIC
.
Cue&lllt.. Ualt
,_.tI.I,,'lac& Sh_
TYPES OF GRID AND MODULAR PAVEMENTS
TYPICAL PARKING LOT LA YOUT
USING GRID OR MOCULAR PAVEMENTS
I
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,
;
I
I
1
Exhlblt II
POROUS PAVEMENT SCHEMATIC
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Exhiblt III
GREENBELT DESIGN
IMPE~veRIOUS
r'
oveR FLOW
STORM SEWER
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____...~ TOPSOIL
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Exhibit IV
GRASSED SWALE
SchematIc Destgn of an Enhanced Grassed Swale
Sill/ale Slopes
as Close 10
Zero as Drasnage
Will PermIt
Dense Growth
of Grass (Reed
Canary or KY.31
Tall Fescue)
S.de-slooes
3 1 or Less
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Railroad Tie
Check-dam
(Increases Infiltration)
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MINIMIZATION OF DIRECTLY CONNECTED IMPERVIOUS AREA
Exhibit V
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drain [0 street ' ,.. ~ ' ~
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Exhib1t VI
OIL AND WATER SEPARATOR
SchematIC Design of a Water Qualtty Inlet/Oil Grtt Separator
;
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Permanen' POOl f
JOO Cuo'c Feel
or Storage Per
ConlflDullflg
Acre J Feet
Deeo
Side View
Access
Mannoles
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Trasn RaCk ProtectS! I
TINO 6 Inch QrllIc as
Inverled Elba.....
Pice Regulates i .
Water
LevelS
Flrsl Chamber
(SedIment TraPPing)
Second Chamber
(011 Separation I
T'urd Chamber
Source SchUBJer, 1987
!:lelntorced
Concrele
ConstructIOn
.
CA:RMM:\laurie\urbrun.2\wp51
City Council Meet1ng 8-11-92
Santa Monica, Cal1forn1a
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADDING CHAPTER 2B TO
ARTICLE VII OF THE SANTA MONICA MUNICIPAL
CODE TO REGULATE URBAN RUNOFF POLLUTION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Chapter 2B 1S added to Art1cle VII of the Santa
Monica Municipal Code to read as follows:
Chapter 2B - URBAN RUNOFF POLLUTION
SECTION 7280. 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
publ1C
and
private
propert1es. In order to funct10n effect1vely,
this system requlres all private connections
to it to be properly constructed, maintained
and operated.
(b) storm Itlater runoff
flows
from
ind1vidual propert1es onto the streets, then
through storm dralns to the beaches.
It is
1
therefore in the public interest to ensure
that both publlC and private drainage systems
are properly malntalned, ln order to
facilitate the proper functionlng of the
City's storm and surface water drainage
system, and to prevent pollutants from
enterlng Santa Monica Bay.
(c) The Cl ty of Santa Monica 1S a co-
permi ttee under ln the Los Angeles County
National Pollutant Dlscharge Elimination
System (NPDES) Munlclpal Permit and as such is
obligated to l~plement Best Management
Practice ("BMP") procedures to prevent and
control the entry of pollutants and non-storm
water runoff into the Clty storm draln system.
(d) The most slgnificant pollutants in
urban runoff come from particulates and all
and grease.
(e)
quantity
In order to
and quallty
better
of
control the
urban
runoff
pollution, an active progran requiring
existing propertles to adopt II good
housekeepingll practlces is essentlal.
(f) In order to reduce runoff
contamlnatlon and runoff volume from pr1vate
and publicly momed properties WhlCh will be
2
newly developed, substantially rehabilitated
or redeveloped 1n the future, a program
ensurIng that new developments 1ncorporate
design ele~ents WhlCh facilitate such control
1S required.
(g) It is In the best interest of the
City to establ1sh guidelines and procedures
for control of the quality of storm drainage
runoff from constructIon sites with1n the
city.
SECTION 7281. Purpose. The purpose of
this Chapter IS to permanently modify the
structural causes of urban runoff pollutIon.
The obJectIves of this Chapter include the
reduct10n of both runoff volume and runoff
contaminatIon from existing resIdential and
non-resldentlal propert1es and from future
developments. This Chapter has two main
goals. FIrst, it alms to ensure that project
SItes maXImize on-SIte percolation of runoff
and/or have the capacity to conveyor store
peak runoff from a storm and release it at a
slow rate so as to minimize the peak discharge
into storM drains. Second, this Chapter aims
to ensure that raIn water is directed or
3
contained so as not to become polluted by
passage through contamlnating materlal.
SECTION 7282. Definitions.
The
follmving words and phrases shall have the
following meanings when used in thlS Chapter:
(a) Area susceptible to Runoff. Any
non-permeable surface directly exposed to
precipltation or In the path of runoff caused
by precipltation WhlCh leads directly to
neighboring properties or to the street.
(b) Best Management Praotices ("BMP").
Practices prlnclpally applicable to
constructlon sltes, parklng lots and new
developments WhlCh reduce the toxlcity
contained lnl and the volume of, water which
runs into storm drains, treatment facilities
and the Santa Monlca Bay.
(c) Good Housekeeping Requirements
("GHRII) . Storm'later pollutlon control
practlces applicable to eXlstlng properties
which have been demonstrated to slgnificantly
reduce and control storrnwater urban runoff
pollution WhlCh runs into storm drains,
treatment facillties and the Santa Monlca Bay.
4
(d) New Development.
For purposes of
this Chapter, new development shall be defined
as an 1ncrease of f1fty percent (50%) or
greater in the Slze of a slngle faMily home,
add1t1on of one or more dwelllng un1ts 1n a
multl-famlly structure, or improvements to a
non-residen~lal property which are valued at
flfty percent (50%) or nore of the value of
the eXlst1ng inprovements on the slte.
(e)
Projected Runoff.
A numerical
projection based on the follow1ng formula:
Precipitation multiplied by Parcel
Size multiplied by Imperviousness Factor
Preclpitation shall be presumed 1n all cases
to be one lnch of rainfall falllng within a 24
hour period.
Parcel Slze shall be the total
square footage of the lot being developed. A
runoff factor represents the amount of average
stormvlater dralnage from the average of all
parcels zoned for a particular land use.
This numerlcal proJection shall be used
as a startlng pOlnt ln l'leaSurlng compllance
wlth the 20% urban runoff reductlon requlred
by this Chapter.
The table below contalns lmperviousness
factors for dlfferent land use types.
This
table is derived fro~ a more extensive list of
5
imperviousness factors utilized by the Los
Angeles County Department of PublIC Works -
Stormwater Management DIVIsion, for benefIt
assessment d~strlcts for flood control.
LAND USE
AREA BREAKDOWN
RESIDENTIAL
Single
Up to 0.3257 Acre
Area in Excess of 0.3257 Acre
Condominium,
Condominium
Conversion
Up to 0.3257 Acre
Area l~ Excess of 0.3257 Acre
Planned
Residential
Development
Up to 0.3257 Acre
Area In Excess of 0.3257 Acre
Cooperative
Up to 0.3257 Acre
Area In Excess of 0.3257 Acre
Double, Duplex Up to .6514 Acre
Or Two Unit Area In Excess of .6514 Acre
Three-Unit Up to 0.9771 Acre
(Any Combina- Area in Excess of 0.9771 Acre
tion)
Four-Unit Up to 1.3028 Acre
(Any Combina- Area In Excess of 1. 3028 Acre
tion)
Five or More All Lot Areas
Units or
Apartments
Modular Homes Up to 0.3257 Acre
Area In Excess of 0.3257 Acre
Mobile Homes Up to 0.3257 Acre
Area in Excess of 0.3257 Acre
Rooming Houses All Lot Areas
6
IMPER-
VIOUS-
NESS
FACTOR
0.4176
0.0190
0.8194
0.0190
0.4176
0.0190
0.8194
0.0190
0.4176
0.0190
0.6815
0.0190
0.8194
0.0190
0.8553
0.4176
0.0190
0.4176
0.0190
0.6815
.
Mobile Horne All Lot Areas 0.8194
Parks
COMMERCIAL
stores All Lot Areas 0.9086
store All Lot Areas 0.9086
Combinations
Department All Lot Areas 0.9850
stores
Supermarkets All Lot Areas 0.9762
Shopping All Lot Areas 0.9578
Centers
(Neighborhood)
Shopplng All Lot Areas 0.9461
Centers
(Regional)
Office All Lot Areas 0.9086
Buildings
Hotels and All Lo"': Areas 0.9578
Motels
Professional All Lot Areas 0.9578
Buildlngs
Restaurants All Lot Areas 0.9461
and Cocktall
Lounges
Wholesale and All Lot Areas 0.9086
MFG Outlets
Banks and All Lots Areas 0.9578
Savings &
Loans
Servlce Shops All Lot Areas
0.9461
service All Lot Areas
stations
0.9578
Auto, Recrea- All Lot Areas
tion &
Const,::,uctlon
Equipment Sales
0.9461
7
and Service
Parking Lots
All Lot Areas
Animal Kennels All Lot Areas
Nurseries or
Greenhouses
Up to 0.4136 Acre
Area ln Excess of 0.4136 Acre
INDUSTRIAL
Light Mfg All Lo: Areas
Heavy Mfg All Lot Areas
Warehousing All Lot Areas
Distribution
and Storage
Food Process- All Lot Areas
ing Plants
Motion Picture All Lot Areas
& Radio/TV
Industries
Lumber Yards All Lot Areas
Mineral All Lot Areas
Processing
Parking Lots All Lot Areas
Open storage All Loi: Areas
RECREATION AND ENTERTAINMENT
Theaters
All Lot Areas
Bowling Alleys All Lot Areas
Clubs, Lodge All Lot Areas
Halls, Frater-
nal Organizatlons
Athletic and All Lot Areas
Amusement
Facilities
Skating Rlnks All Lot Areas
8
0.9461
0.9578
0.4733
0.0190
0.9086
0.9086
0.9086
0.9578
0.8194
0.9578
0.4733
0.9086
0.6551
0.9086
0.9850
0.9086
0.6551
0.4733
INSTITUTIONAL
Churches All Lot Areas
Schools All Lot Areas
Colleges and All Lot Areas
Universitl.es
Hospitals All Lot Areas
Homes for Aged All Lot Areas
and Others
Cemeteries All Lot Areas
VACANT
All Lot Areas
0.8194
0.8194
0.4733
0.7435
0.6815
0.0000
0.0190
( f)
Reduced Runoff.
A numerical
pro)ectl.on based on the following formula:
projected Runoff
Multiplied by .80
This proJection represents the maXl.mum amount
of stormwater dralnage expected to occur at a
partlcular site upon lmplementation of an
approved Urban Runoff Mltlgation Plan.
(g) Urban
Runoff
or
Urban
Runoff
Pollution.
Water and suspended or dissolved
materlals deposlted on surfaces and washed by
storns or other sources of floHing water I
through the flood control system to the ocean.
Research studles have shown that urban runoff
contributes many pollutants to recel.ving
9
\-laters.
Contawlnatlon lncludes bacterla and
viruses, solid waste, and tOX1CS such as heavy
metals and petroleum-based compounds.
(h) Urban Runoff Mitigation Plan. A
plan which shall be required to be approved in
connection wlth any new development. Any such
plan shall achleve 20% reductlon of the
projected runoff for the site.
SECTION 7283. Goo d H 0 use k e e pin g
Requirements for Reduction of Urban Runoff at
Existing Properties. The following good
housekeeplng requlre~ents shall be adhered to
by all persons wlthln the Clty of Santa
Monica.
(a) Collection, storage and Minimization
of Runoff.
(1) Water used for irrlgatlon
purposes shall not be allowed to run off of a
site. In addl tlon, washing dmm of paved
areas shall be prohlblted unless necessary for
health or safety purposes and not In violation
of any other provlsion of this Code.
(2) The uncovered outdoor storage
of unsealed contalners of bUlldlng rnaterlals
10
containing hazardous substances is prOhIbIted
in areas susceptIble to runoff.
(b) 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.
(2) Any machIne WhICh IS to be
repaired or nalntalned in an uncovered outdoor
area shall be placed on a pad of absorbent
materIal to contain leaks, spills or small
dIscharges.
(3) l'lachinery and eqUIpment,
includIng motor vehIcles, WhICh are leaking
signifIcant amounts of oil or fluid must be
repaired.
(c) Removal of Debris and Residue.
(1) All parking lots susceptible to
runoff used for motor vehIcle parkIng shall be
swept, at nInImur-, on a monthly basis to
remove debrIS. Lots with more than ten (10)
parkIng spaces and all publIC parkIng
faCIlItIes shall be vacuum swept, at mInImum,
on a quarterly baSIS, to remove chemIcal
reSIdue. However, lots are not required to be
11
vacuum swept for one l':1onth follovllng a day
when precipItatIon of one-half Inch or more
occurs.
(2) Fuel and chemlcal residue or
other types of potentIally harmful materlal,
such as animal ~1aste, garbage or batteries,
WhlCh is located ln 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 d1sposal site and
shall not be placed in a trash contalner.
(3) Intent10nal d1sposal of
landscape debris into a storm dra1n is
prohlblted. Section 5403 of the Santa Monica
Municipal Code prohlbl ts dIscharge of other
types of pollutants 1nto the storm drain.
(d) Prohibition on Use of Pesticides and
Fungicides Banned from Manufacture. Use of
any pestICIde / herbICIde / or funglcide, the
manufacture of WhICh has been eIther
voluntarIly dIscontInued or prohiblted by the
EnvIronmental Protection Agency, 1S
prohIbIted. Those substances lnclude any
contalned on the list below:
12
.
Banned Substances
AldrIn
BHe
BIothlonal
Captafol
Carbon TetrachlorIde
Chloranll
Chlordane
Chlordlmeforrn
Copper Arsenate (BasIc)
Cyhexatin
DECP
DDD (TDE)
DDT
DIeldrIn
Dlnoseb
EDBC's
Zlneb, Wabarn
Endrin
EPN
Fluoroacetamlde
Heptachlor
Monocrotophos
OHPA
PhenaraZIne Chloride
PCB's
PCT's
Safrole
Sllvex/ 2, 4/ 5-T
SodIum Monofluoracetate
Strobane
2, 4, 5-TCP and lts salts
Thallium Sulfate
'IOK
Toxaphene
TBT
Lead Arsenate
CalcIum Arsenate
Pentachlorophenal
Creosote
SECTION 728~.
Penalties for Failure to
comply with Good Housekeeping Requirements.
(a) The DIrector of the Department of
General SerVIces, or his or her deslgnee, is
authorized to enforce SectIon 7282 as follows:
13
(1) For the flrst fa~lure to comply
with any provlslon of Section 7282, the
Department of General Services shall lssue to
the affected person a written not~ce wh~ch
includes the followlng lnforMation:
(1) A statement speclfying the
violation commltted.
(11) A specified tlme period
within which the affected person must correct
the failure or flle a wrltten notlce disputing
the notlce of fallure to comply.
(111) A statement of the
penalty for continued noncompliance.
(2) For each subsequent fallure to
cOMply wlth any provislon of section 7282
followlng wrltten notice pursuant to this
Sectlon, the Dlrector of the Department of
General SerVlces may levy a penalty of one
hundred dollars ($100.00). Any statement
lnforming a vlolator of a citation shall
lnclude a notlce settlng forth the hearlng
rlghts provlded ln subdlvlslon (a) (3) below.
(3) Any person assessed a penalty
pursuant to subdlvlslon (a) (2) may dispute the
penalty by requestlng a hearing on a form
provlded by the City wlthln the time and
14
manner set forth ln Munlclpal Code section
6072, provlded that no hearlng request shall
be deemed tlmely filed and no hearing shall be
held unless, wlthin ~he tlme perlod to request
a hearlng, the person deposlts wlth the City
Treasurer money in the amount of any unpaid
penal ty due under thIS SectIon. If as a
result of the hearing It is determIned that
the penalty \"as 1drongly 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 assessnent of any penalty or to any other
civil enforcement actIon provIded for under
this SectIon for a person to assert that any
violation of Section 7282 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 me~ber of the person.
(5) Any penalty collected hereunder
shall be deposIted In the Urban Runoff Fund to
be used as reImbursement for the Department of
15
General Services!
costs and expenses
administratlon and
Chapter.
(b) The vlolatlon of thlS Chapter shall
constitute an lnfractlon punishable by a fine
of One Hundred Dollars ($100.00). Each day
that a vlolatlon occurs shall constitute a
enforcement of
of
this
separate offense.
(c) A vlolatlon of any provision of this
Chapter is declared to be a publlC nuisance
and the Clty Attorney 1S authorlzed to abate
such vlolatlon(s) by means of a civil action.
(d) The penalties and remedies
establlshed by thlS Chapter shall be
cumulatlve.
SECTION 7285. Urban Runoff Reduction
Requirements for New Development. The
following urban runoff reduction requlrernents
shall apply to all persons submitting
applications for new development \"ithln the
City of Santa Monlca.
(a) At the tlme of submittal of an
applicatlon for the first plannlng approval
for a new development pro] ect, an applicant
shall be requlred to submit an Urban Runoff
16
Mitigation Plan to the Department of General
Services.
(b) In developing an Urban Runoff
Mitigatlon Plant a developer shall reduce
proJected runoff for a proJect by at least 20%
through incorporatIon of deSIgn elements or
principles HhlCh address each of the goals
set forth below as subdivision a, b, and c.
The deSIgn elements util1zed by a developer
may, but are not required to, Include those
provided on the llst below, w1th the exception
of subdivisIon (b) (3) (I) which 1S requIred
",here applIcable. Although des1gn elements
are set forth as If they address only one
goal, In many cases, they address more than
one and can be used to address multIple goals
In aChieVIng the reduced runoff to be achieved
by the mitigatIon plan.
(1) Increase permeable areas.
(1) MaXImIze the percentage of
permeable surfaces and green space to allow
more percolatIon of runoff Into the ground.
The use of porous mater1als for or near
walkways WIll Increase the amount of runoff
seepage 1nto the ground.
17
(ii) Use natural draInage,
detentlon ponds, or infiltration pIts so that
runoff may collect and seep lnto the ground
and reduce or prevent off-sIte flows.
(111) Divert and catch runoff
through the use at swales, berms, green strip
filters, gravel beds, and french draIns.
(iv) Construct drIveways and
from porous materials to allow
walkways
increased
percolation
of
runoff
1nto
the
ground.
(2) M1nlm1ze the amount of runoff
directed to 1Mperneable areas and/or maXImIze
storm water storage for reuse.
(i) Insta II ra1n gutters and
orient them towards permeable surfaces rather
than dr 1 ve,.lays or non-permeable surfaces so
that runoff vo'lll penetrate Into the ground
instead of flowIng off-slte.
(11) Modify grades of property
to divert flow to permeable areas and to
mInImIze the amount of stormwater leavIng the
property.
(Ill) Use sediment traps to
intercept runoff tron draInage areas and hold
18
.
or slowly release the runoff, wlth sedlments
held ln the trap for later removal.
(lV) Use retention structures
or deslgn rooftops to store runoff. utllize
subsurface areas for storm runoff elther for
reuse or to enable release of runoff at
predetermlned tlffies or rates to mlnimlze the
peak dlscharge into storm drains. Cisterns
are also a possible storage mechanlsrn for
reuse.
(v) Deslgn curbs, berms, or
the llke so as to avold lsolatlon of permeable
or landscaped areas.
(3) Reduce parklng lot pollution.
(1) All parklng lots are
required to have the capablllty to contaln one
lnch of preclpl tatlon in a 24 hour perlod.
Optlons to neet thlS requlrement lnclude use
of green strip fllters and porous pavement to
capture and percolate runoff where possible,
and use of all and water separators or
clarlflers to remove petroleum-based
contamlnants and other pollutants HhlCh are
llkely to accunulate.
19
(11) Dlrect runoff toward
permeable areas and away from pollutant laden
areas such as parking lots.
(111) Construct parklng lots
from porous Materlals.
(c) The Clty'S evaluation of each Urban
Runoff Mltlgatlon Plan wlll ascertaln how well
the proposed plan meets the combined
objectives set forth ln subdlvlsion (b) above.
Each plan will be evaluated on lts own merlts
accordlng to the partlcular characteristics of
the proJect and the site to be developed.
(d) The Dlrec't.or of the Department of
General SerVlces shall approve or disapprove
the plan w1thln fourteen calendar days of
submlttal. If the plan 1S dlsapproved, the
reasons for dlsapproval shall be glven ln
wrltlng 't.o the developer. Any plan
dlsapproved by the Dlrector of General
SerVlces or hlS or her designee must be
revlsed by the developer and resubmitted for
approval. A resubmltted plan wl1l be approved
or disapproved wlthln fourteen calendar days
of submittal. No btuldlng permit shall be
lssued until an Urban Runoff Mltlgatlon Plan
20
has been approved by the Departnent of General
Services.
(e) Full or partIal waIvers of
complIance wIth thIS SectIon may be obtained
by persons who apply on forms supplIed by the
CIty and shov: that incorporation of design
elements that address the objectives set forth
In subdIVISIon (2) above is an economic and
phYSIcal ImpossibIlIty due to the partIcular
configuratIon of the site or to irreconcilable
conflIcts 1:ll th other CI ty requirements.
Requests for ~aIvers shall be granted or
denIed, in vir I tIng, by a three-nember board
comprised of one representative each from the
City's PlannIng DIviSIon, General Services
Department, and CIty Manager's Office.
(f) ComplIance v!1th an approved Urban
Runoff MitIgatIon Plan shall be a condItion of
any reqUired plannIng approval.
SECTION 7286. Urban Runoff Requirements
for Proj ects Under Construction. The
follOWIng Best Management PractIces which
address the problen of urban runoff shall
apply to all proJects undergOIng construction
In the City. The Best Management Practices
21
list set forth below IS requIred by the city.
The requirements set forth below shall apply
at the time of demolitIon of an eXIstIng
structure or commencement of constructIon and
untIl receipt of a certificate of occupancy:
(a) Runoff, sediment, and construction
waste from construction sites and parking
areas shall not leave the site.
(b) Any sedIments or other materIals
which are tracked off the sIte shall be
removed the same day as they are tracked off
the sIte. Where determined necessary by the
BuildIng OfficIal or his or her designated
representative, a temporary sedIment barrier
shall be Installed.
(c) On an emergency basis only, plastic
covering may be utilized to prevent erosion of
an otherwise unprotected area, along with
runoff devices to Intercept and safely convey
the runoff.
(d) EAcavated S011 shall be located on
the site in a rranner that eliminates the
possibility of sedlments runnlng into the
street or ad] olning properties. Soil piles
shall be covered until the SOlI IS elther used
or removed.
22
(e) No wash1ng of construct1on or other
industrial veh1cles shall be allowed adjacent
to a construct1on site. No runoff from
washing veh1cles on a construction Sl te 1S
allowed to leave the slte.
(f) Drainage controls shall be utilized
as needed, depend1ng on the extent of proposed
grading and topography of the slte, 1ncluding
but not limited to the following:
(1) Detention ponds, sediment
ponds, or infiltrat10n p1tS.
(2) Dikes, f1lter berms or ditches.
(3) Downdrains, chutes or flumes.
SECTION 7287. citywide Urban Runoff
Pollution Education program. The Department
of General Serv1ces, along W1 th other City
Departments, shall conduct an 1nformational
program to educate the public about the
dangers of urban runoff pollut1on and the
means of controll1ng such pollution. The
program shall educate residents and business
persons who operate w1thin the City about the
contents of this Chapter prior to 1ts
effective date.
23
SECTION 7288. Annual Evaluation and
Revision of Good Housekeeping Requirements,
Best Management Practices and Construction
Requirements. In recogn~tlon of the newness
of regulatlon ln the area of urban runoff
pOllution, the effectiveness of th~s Chapter
shall be evaluated in wrltlng by the General
Services Department not later than one year
from the effecti ve date, and no less
frequently than once every two years
thereafter. The vlri tten evaluation should
address the necessity for reV1Slons of the
process established by this Chapter for
achievlng urban runoff reductlon and the
necessity for revlsions to good housekeeping
requirements, best management practlces and
constructlon requlrements, If any.
SECTION 7289. Effective Date of this
Chapter. The provisions of Sections 7283,
7284, 7285, and 7286 shall not take effect
untll sixty (60) days after the effective date
of this Chapter.
SECTION 2. Any provision of the Santa Monica Munlcipal Code
or appendices thereto lnconslstent \oil th the provisions of this
24
Ordinance, to the extent of such inconsistencles and no further,
are hereby repealed or modlfied to that extent necessary to affect
the provisions of this Ordlnance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordlnance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The Cl ty 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 wlthout regard to whether any portion
of the Ordlnance would be subsequently declared invalid or
unconstitutlonal.
SECTION 4.
The Mayor shall slgn 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 offlcial newspaper
within 15 days after lts adoption.
This Ordinance shall become
effective after 30 days froB its adoption.
APPROVED AS TO FORM:
~W\4. ~
ROBERT M. MYERS U
city Attorney
25
fl f)O To 8 - 6
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