O2611Council Meeting: June 25, 2019 Santa Monica, California
ORDINANCE NUMBER 2611 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING SANTA MONICA MUNICIPAL CODE ARTICLE 12
TO CREATE A SUSTAINABILITY CODE; MOVING SANTA MONICA MUNICIPAL
CODE CHAPTER 4.75 TO ARTICLE 12; AND REPEALING SANTA MONICA
MUNICIPAL CODE CHAPTERS 5.16, 5.28, 5.36 AND 7.08
WHEREAS, the City of Santa Monica adopted a Sustainable City Plan in
September of 1994 to guide present and future environmental policies and practices; and
WHEREAS, the City updated its Sustainable City Plan (SCP) on February 11,
2003, October 24, 2006, and January 14, 2014; and
WHEREAS, the City is committed to fully implementing its Sustainable City Plan
to further effectuate inherent rights of the people and natural communities of the City of
Santa Monica; and
WHEREAS, as declared in the City’s Sustainable City Plan, a healthy environment
is integral to the City's long-term economic and societal interests and, accordingly, the
City's decision-making is guided by the mandate to maximize environmental benefits and
reduce or eliminate negative environmental impacts; and
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WHEREAS, as further declared in the Sustainable City Plan, local environmental
issues cannot be separated from their broader context, the City's programs and policies
should be developed as models that can be emulated by other communities; and
WHEREAS, in furtherance of these commitments and goals, the City must
regularly evaluate whether its plans, laws, and programs are sufficient to meet the
growing environmental crisis and must explore all means of addressing the growing
environmental crisis; and
WHEREAS, the City of Santa Monica has further expressed its commitment to
sustainability by recognizing that Santa Monicans: have the right to clean, affordable and
accessible water from sustainable water sources for human consumption, cooking, and
sanitary purposes; the right to a sustainable energy future based on sustainable
renewable energy sources; the right to a sustainable natural climate unaltered by fossil
fuel emissions; the right to sustainable, comprehensive waste disposal systems that do
not degrade the environment; the right to clean indoor and outdoor air, clean water and
clean soil that pose a negligible health risk to the public; and the right to a sustainable
food system that provides healthy, locally grown food to the community; and
WHEREAS, on January 24, 2012, the Council adopted Resolution No. 10654
declaring the City’s commitment to sustainable rights and formally recognizing the
sustainability rights of Santa Monica residents; and
WHEREAS, on April 9, 2013, the Council adopted Ordinance Number 2421 to
codify the commitments made in the Sustainable City Plan to restoring, protecting, and
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preserving our natural environment and all of its components and communities; to
creating and promoting sustainable systems of food production and distribution,
transportation, waste disposal, and water supply; and, to the full extent legally possible,
subordinating the short term, private financial interests of corporations and others to the
common, long-term interest of achieving environmental and economic sustainability; and
WHEREAS, it has become apparent that consolidating into one article of the
Municipal Code the provisions of local law that serve principally to protect the environment
will aid in achieving the City's sustainability goals; and
WHEREAS, the passage of time and advances in state and federal legislation have
rendered other environmental-related chapters of the Santa Monica Municipal Code
outdated and unnecessary and, therefore, should be repealed; and
WHEREAS, overall, the Council intends that its laws and policies shall serve to
guide this community and other communities towards a sustainable future.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.75 of the Santa Monica Municipal Code is hereby repealed
as Chapter 4.75 and reinstated as Article 12 as set forth in Section 10 of this Ordinance
below.
SECTION 2. Chapter 5.16 of the Santa Monica Municipal Code is hereby
repealed.
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SECTION 3. Chapter 5.28 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 4. Chapter 5.36 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 5. Chapter 7.08 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 6. Chapter 5.20.020 of the Santa Monica Municipal Code is hereby
amended to read as follows:
5.20.020 Definitions.
For the purpose of this Chapter, the following words and phrases shall have the
following meanings:
Act. The Federal Water Pollution Control Act of 1972, also known as the
Clean Water Act, as amended, 33 USC 1251 et seq.
Approval Authority. The California State Water Resources Control Board.
Authorized Representative of the Industrial User.
(1) If the industrial user is a corporation, authorized representative shall
mean:
(a) The president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production or operation
facilities, provided the manager is authorized to make management decisions that govern
the operation of the regulated facility, including having authority to make major capital
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investment recommendations, initiate and direct comprehensive mea sures to assure
long-term environmental compliance with environmental laws and regulations, and
assure that necessary systems are established to comply with industrial wastewater
discharge permit requirements.
(2) If the industrial user is a partnership, association or sole
proprietorship, an authorized representative shall mean a general partner or the
proprietor.
(3) If the individual user is representing Federal, State or local
governments, or an agent thereof, an authorized representative shall mean a director or
highest official appointed or designated to oversee the operation and performance of the
activities of the government facility.
(4) The individuals described in subsections 1 through 3 of this definition
may designate another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the overall operation of
the facility from which the discharge originates or having overall responsibility for
environmental matters for the company, and the authorization is submitted to the City.
Average Daily Flow. The number of gallons of wastewater discharged into
the P.O.T.W., storm drain system or waters of the State during a twenty-four-hour period.
Best Management Practices (BMPs). Practices or physical devices or
systems activities, prohibitions of practices, maintenance procedures, pollution
prevention techniques, and other management practices designed to prevent or reduce
pollutants in discharges. BMPs include, but are not limited to, treatment requirements,
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operating procedures, and practices to control site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in
the biochemical oxidation of organic matter in five days at twenty degrees Centigrade
expressed in terms of milligrams per liter (mg/l) and analyzed in accordance with 40 CFR
136, as amended.
Biohazardous Waste. Laboratory waste of human or animal specimen
cultures from medical and pathology laboratories; or cultures and stocks of infectious
agents from medical, research or industrial laboratories; or wastes from the production of
bacteria, viruses, spores, and discarded vaccines; or human surgery specimens or
tissues which may contain infectious agents; or animal parts, tissues, fluids, or carcasses
which may contain infectious agents, waste blood products, waste containing materials
contaminated liquid waste from humans or animals that may be infectious, and human
surgery specimens or tissues with fixatives or contaminated with chemotherapeutic
agents including, but not limited to, gloves, disposable gowns, towels, intravenous
solution bags and attached tubing when empty.
Blood. Human or animal blood, human or animal blood components and/or
products made from human or animal blood.
Blood-Borne Pathogens. Pathogenic micro-organisms that are present in
human or animal blood and can cause disease in humans.
Building Sewer. A sewer conveying wastewater from the premises of a
user to the P.O.T.W. system.
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Bypass. The intentional diversion of wastestreams from any portion of a
discharger’s process or treatment facility.
Categorical Pretreatment Standards or Categorical Standards.
National Categorical Pretreatment Standards, Pretreatment Standards or any other
regulation containing pollutant discharge limits promulgated by the United States
Environmental Protection Agency.
City. The City of Santa Monica or its duly authorized representatives.
Clean Water Act (aka the Act or CWA). The Federal Water Pollution
Control Act, enacted in 1972, by Public Law 92 -500, and as amended by the Water
Quality Act of 1987.
Color. The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One hundred percent transmittance is equivalent to zero optical
density.
Commercial Establishment. A private establishment such as a restaurant,
hotel, laundry, store, filing station, recreational facility, or a nonprofit private or
government entity such as a church, school, hospital, military facility, correctional
institution or a facility owned and operated by a charitable organization.
Composite Sample. The sample resulting from the combination of
individual wastewater samples taken at selected intervals based on either an increment
of flow or time.
Construction. The acquisition of any and all rights-of-way or real property
necessary for the performance and completion of the work referred to wherever authority
is given to the City for any construction under the provisions of this Chapter.
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Cooling Water. The water discharged from any use including, but not
limited to, air-conditioning, cooling or refrigeration, during which the only pollutant added
is heat.
Direct Discharge. The discharge of wastewater to the storm drain system
or the waters of the State.
Director. The Director of the Public Works Department of the City of Santa
Monica or the duly authorized representative thereof.
Discharge. Unless otherwise specific in a permit, the introduction of any
pollutant into the P.O.T.W., the storm drain system or the waters of the State.
Domestic Wastewater (Domestic Sewage). Water bearing wastes
derived from ordinary living processes, free from industrial waste, and of such character
as to permit satisfactory disposal to, and treatment in, the P.O.T.W.
Environmental Protection Agency (EPA). The United States
Environmental Protection Agency, its Administrator, or its duly authorized representative.
Existing Source. Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards in accordance with Section 307 of the Act.
Food Service Establishment. A facility engaged in preparing food for
consumption by the public such as, but not limited to, a restaurant, bakery, commercial
kitchen, caterer, hotel, school, hospital, correctional facility or care institution.
Grab Sample. A sample which is taken from a wastewater discharge on a
one-time basis without regard to the volume of flow in the discharge.
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Gravity Grease Interceptor (GGI). Unless otherwise approved by the
Director, an approved device with a minimum volume of three hundred gallons that is
specifically designed to separate, trap, and hold non-petroleum fats, oil and grease (FOG)
from an industrial wastewater discharge, and which, unless otherwise approved by the
City, shall be remotely located from where food is handled, and is identified by the
following: volume, a minimum retention time of thirty minutes, baffle(s), a minimum of two
compartments, and gravity separation.
Graywater. A wastewater discharge that has not been contaminated by any
toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily
wastes and does not present a threat from contamination by unhealthful processing,
manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater
from domestic bathtubs, showers, bathroom washbasins, clothes washing machines and
laundry tubs, but does not include wastewater from toilets, kitchen sinks or dishwashers.
Grease Interceptor. See Gravity Grease Interceptor.
Grease Trap. See Hydromechanical Grease Interceptor.
Gross Floor Area. The area included within the exterior of the surrounding
walls of a building or portions thereof, exclusive of courtyards.
Holding Tank Waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks and vacuum -pump tank trucks.
House Connection Sewer. Any sewer pipeline, or portion thereof,
constructed in a street, alley, walk or other public place, or in a sewer easement granted
to the City and connecting, or proposed to connect, any lot or part of a lot with any public
sewer.
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Hydromechanical Grease Interceptor (HGI). An approved device that is
installed in an industrial drainage system to separate, trap, and hold non -petroleum fats,
oil and grease (FOG) from a wastewater discharge and is identified by flow rate, retention
time and separation efficiency. HGI design incorporates, in combination or separately, air
entrainment, hydromechanical separation, interior baffling, internal barriers, and sample
box.
Indirect Discharge. The discharge of wastewater into the P.O.T.W.
Industrial User or Discharger or User or Permittee. Any person which is
the source of a non-domestic discharge to the P.O.T.W. system, the storm drain or waters
of the State and is subject to an Industrial Wastewater Permit.
Industrial Waste(s). Any solid, liquid, gaseous or radioactive substance
that is discharged from any producing, manufacturing, processing, institutional, industrial,
commercial, agricultural or similar operation from the development, recovery or
processing of any material resource which will enter the P.O.T.W.
Industrial Waste Sewer Connection. Any house connection sewer, or
portion thereof, used in the disposal of any and all liquid or waterborne waste from
industrial or commercial processes except domestic sewage.
Industrial Waste Storm Drain Connection. Any storm drain connection
carrying or intended to carry industrial waste from any industrial, manufacturing,
processing or servicing establishment. These connections may require NPDES permits.
Industrial Wastewater (Industrial Waste). Any water bearing waste,
excluding domestic wastewater.
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Industrial Wastewater Permit. A permit issued by the Director, or
authorized representative, in accordance with this Chapter.
Interceptor Sewer. A collecting sewer that intercepts and collects the
sewage from a number of lateral or local public sewers.
Interference. The inhibition or disruption of the P.O.T.W. process or
operations, or any action or omission which may contribute to a violation of any
requirement of the City of Los Angeles’ National Pollutant Discharge Eli mination System
(NPDES) permit or the City’s Joint Powers Agreement with the City of Los Angeles. The
term interference also includes prevention of sewage sludge use or disposal by the
P.O.T.W. in accordance with Section 405 of the Act or any violation of criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean
Air Act, the Toxic Substance Control Act, the Marine Protection, Research and
Sanctuaries Act, or violation of more stringent State criteria (including those contained in
any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to
the method of disposal or use employed by the P.O.T.W.
Lot. As defined in Chapter 9.20 of Article IX of this Code.
Medical Waste. Medical waste shall have the same meaning as defined by
California Health and Safety Code Section 117690. Medical waste is:
(1) Biohazardous waste; or
(2) Sharps waste; or
(3) Trauma scene waste; or
(4) Waste which contains material that is generated or produced as a
result of any of the following actions:
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(A) Diagnosis, treatment, or immunization of human beings or animals,
(B) Research pertaining to the activities specified in subparagraph (A),
(C) The production or testing of biologicals. Biologicals means medicinal
preparations made from living organisms and their products, including, but not limited to,
serums, vaccines, antigens, and anti-toxins,
(D) The accumulation of properly contained home-generated sharps
waste,
(E) Removal of blood or infectious materials from a trauma scene.
National Categorical Pretreatment Standard (National Standards,
NCPS). Any regulation containing pollutant discharge limits promulgated by the EPA in
accordance with Section 307(b) and (c) of the Act.
National Pollutant Discharge Elimination System Permit (NPDES
Permit). A permit issued pursuant to Section 402 of the Act.
New Source. Any source of a discharge, the construction or operation of
which commenced after the publication by the EPA of proposed categorical pretreatment
standards in accordance with Section 307(c), provided that:
(1) No other source is located at that site; or
(2) The source completely replaces the process or production
equipment of an existing source at that site; or
(3) The new wastewater generating process of the source is
substantially independent of an existing source at that site, and the construction of the
source creates a new facility rather than modifying an existing source at that site.
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Nondomestic Pollutants. Any substances other than human excrement
and household graywater (shower, dishwashing operations, etc.). Nondomestic pollutants
include the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color,
BOD, COD, toxicity, odor).
Pass Through. A discharge which exits to the P.O.T.W. into waters of the
State in quantities or concentrations which, alone or in conjunction with discharge(s) from
other source(s), is a cause of a violation of any requirement of the P.O.T.W.’s NPDES
permit (including an increase in the magnitude or duration of a vio lation).
Peak Flow. The maximum five-minute rate of wastewater flow to be
generated from the premises as estimated by the Director.
Person. Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust estate, governmental entity or any
other legal entity, or their legal representatives, agents or assigns. This definition includes
all Federal, State or local governmental entities.
pH. The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in gram equivalents per liter of solution.
Pharmaceutical Waste. A prescription or over-the-counter human or
veterinary drug or process waste from the testing, formulating or manufacturing of human
or veterinary pharmaceutical drugs.
Pigment. A substance that imparts black or white or a color to other
materials.
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Point of Discharge. Any physical location at which a discharger, directly or
indirectly, disposes wastewater. The term point of discharge also includes, but is not
limited to, disposal to ponds, injection wells, leach fields or surface spreading.
Pollutant. Any liquid, gas, vapor, dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, medical waste, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat, pigment, wrecked or
discharged equipment, rock, sand, cellar dirt, agricultural or other waste.
Pollution Prevention (P2), Source Reduction. Pollution prevention
means “source reduction,” as defined under the Pollution Prevention Act (42 U.S.C.
Section 13101 et seq.), and other practices that reduce or eliminate the creation of
pollutants through increased efficiency in the use of raw materials, energy, water, or other
resources, or protection of natural resources by conservation, thus lessening the hazards
to public health and the environment.
Potential Discharge. Any area of waste or contamination which, by virtue
of its location or condition, may discharge to the storm drain, whether by act of omission,
commission or act of nature.
Pretreatment. The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater to a less
polluted state prior to or in lieu of discharging such pol lutants into the P.O.T.W., storm
drain system or the waters of the State. Pretreatment can be obtained by physical,
chemical, or biological processes, or process changes by other means, except as
prohibited by 40 Code of Federal Regulations (CFR) at Section 403.6(d).
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Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment, other than a National Categorical Pretreatment Standard
promulgated by EPA.
Private Sewage Disposal System (PSDS). Any system such as a septic
tank, cesspool, seepage pit, leach field or any other receptacle, or any combination
thereof, which receives any wastewater not discharged to a public sewer.
Prohibited Discharge Standards or Prohibited Discharges. Absolute
prohibitions against the discharge of certain defined types of industrial wastewater. These
prohibitions appear in Section 5.20.040 of this Chapter.
Publicly Owned Treatment Works (P.O.T.W.). Treatment works as
defined by Section 212 of the Act, which is wholly or partially owned by the City or the
City of Los Angeles. This includes any public sewers that convey wastewater to the
P.O.T.W., treatment plant, land, appurtenances, pumping stations, treatment works or
equipment.
Public Sewer. Any sewer, other than a house connection sewer, which has
been constructed in a public street, alley, walk or other public place, or in a sewer
easement, and is part of the P.O.T.W.
Receiving Waters. Waters of the State, as defined in this Section.
Residential Users. Persons only contributing domestic sewage
wastewater to the municipal wastewater system.
Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.).
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Sharps. Hypodermic needles, hypodermic syringes, blades and broken
glass. Sharps also include any device, instruments, or other objects which have acute
rigid corners, edges or protuberances.
Significant Change. Alterations to the discharger’s operation, process,
pretreatment systems, or production, or alterations to the nature, quality, or volume of the
discharger’s wastewater that affect, or have the potential to affect, pretreatment standards
or requirements since the issuance of the subject Industria l Wastewater Permit.
Significant Industrial User. Industrial users subject to categorical
pretreatment standards and any other industrial user that: (a) discharges an average of
twenty-five thousand gallons per day or more of process wastewater; (b) contr ibutes a
process wastestream which makes up five percent or more of the average dry weather
hydraulic or organic capacity of the treatment plant; or (c) is designated as significant by
the City on the basis that the industrial user has a reasonable potenti al for causing pass
through or interference or for violating any pretreatment standard or requirement.
Slug Discharge (Slug Load, Uncontrolled Discharge). Any discharge of
a non-routine, episodic nature, including but not limited to an accidental spill or a non-
customary batch discharge, which has a reasonable potential to cause interference or
pass through, or in any other way violate the P.O.T.W.’s regulations, local limits or permit
conditions.
Special Drainage Connection. Any house connection sewer or storm drain
connection from any swimming pool, wading pool, fountain, pond, tank, vat or receptacle
which receives or disposes of rainwater or surface water.
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Special House Connection Sewer. Any house connection sewer from a
lot, or part of a lot, which does not have a public sewer directly in front, rear, or at the side
of such lot, or part of such lot, and which has not been directly assessed for a public
sewer.
Standard Industrial Classification (SIC). Classification pursuant to the
Standard Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, or subsequent revisions.
State. The State of California.
Storm Drain Connection. Any pipeline, or portion thereof, constructed in a
street, alley, walk, or other public place, or in an easement granted to the City or County,
and connecting or proposed to connect any lot or part of a lot with any storm drain.
Storm Drain System. All of the property involved in the operation of the
storm drainage collection and disposal system of the City of Santa Monica, whether
operated by the City or other public agency, including conduits, natural or artificial drains,
channels and watercourses, together with appurtenances, pumping stations and
equipment.
Stormwater. Any discharge, drainage or runoff occurring as a result of
natural precipitation including snowmelts.
Suspended Solids (SS). The total nonfilterable residue in water,
wastewater, or other liquids, which is removable in accordance with the most recent
publication of Standard Methods for the Examination of Water and Wastewater, prepared
and published by the American Public Health Association, American Waterworks
Association, and the Water Pollution Control Federation.
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Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of EPA under the provisions of Section 307
of the Act, or other Federal or State statutes, rules or regulations.
Treatment Plant. That portion of the P.O.T.W. designed to provide
treatment of sewage and industrial waste.
Treatment Plant Effluent. Any discharge of pollutants from the municipal
wastewater system into waters of the State.
Uncontrolled Discharge. Any pollutant (including BOD) released in a
discharge at a flow rate or concentration which will cause a violation of the specific
discharge prohibitions of this Chapter.
User. Any person who contributes, or causes or allows the contribution of
sewage or industrial wastewater into the municipal wastewater system , storm drain
system or waters of the State, including persons who contribute such wastes from mobile
sources.
Wastewater. The liquid and waterborne industrial or domestic wastes from
facilities including, but not limited to, dwellings, commercial buildings, industrial facilities,
agricultural activities, hospitals, medical facilities, and other institutions, together with
other wastes which may be present, whether treated or untreated, which enter the
P.O.T.W., the storm drain system or the waters of the State.
Waters of the State. All saline waters, streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface or
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underground, natural or artificial, public or private, which are contained within, flow
through, or border upon the State of California or any portion thereof.
SECTION 7. Chapter 5.20.210 of the Santa Monica Municipal Code is hereby
amended as follows:
5.20.210 Exemptions.
An industrial wastewater permit is not required for the following dischargers or
discharges to the P.O.T.W. not subject to NCPS:
Where no portion of water supplied to any premises and industrial waste stored on
the premises discharges or has the potential to discharge to the P.O.T.W., storm drain
system or waters of the State. This exemption does not apply to PSDS.
SECTION 8. Chapter 5.24.060 of the Santa Monica Municipal Code is hereby
amended as follows:
5.24.060 Submission and review of business plan.
(a) Prior to handling of any hazardous material at a business, each
handler shall submit its business plan to the Department and certify that it meets the
requirement of this Chapter. For purposes of reporting to the City, all handlers that meet
the requirements of this Chapter shall be deemed to have met the contingency plan
requirements of California Code of Regulations, Title 22, Section 67140-67145. If, after
review, the Department determines that the handler’s business plan is deficient in any
way, the administering agency shall notify the handler of these defects. The handler shall
submit a corrected business plan within five (5) days of the notice. If a handler fails after
reasonable notice to submit a business plan in compliance with this Chapter, the
Department or the Fire Department shall immediately take appropriate action to enforce
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this Chapter, including the imposition of civil and criminal penalties specified in this
Chapter. A copy of the approved business plan and all revisions shall be maintained at
the handler.
(b) The Department shall submit to the State Office of Emergency
Services a schedule for the submission of the business plan and a copy of this ordinance.
(c) In addition to the requirements of 5.24.110, whenever a substantial
change in the handler’s operations occurs which requires a modification of its business
plan the handler shall submit a copy of the plan revisions to the Department within five
(5) days of the operational change.
(d) The handler shall, in any case, review the business plan submitted
pursuant to subdivisions (a), (c), and (g) at least once every two years to determine if a
revision is needed and shall certify to the Department that the review was made and that
any necessary changes were made to the plan. A copy of these changes shall be
submitted to the Department as a part of this certification.
(e) Unless exempted from the business plan requirements under this
Chapter, any business which handles a hazardous material shall annually submit a
completed inventory form to the Department. Notwithstan ding any other provision of law,
an inventory form shall be filed on or before September 1, 1987, and annually thereafter.
This inventory shall be filed annually, notwithstanding the review requirements of
subdivision (d).
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SECTION 9. Chapter 7.18.020 of the Santa Monica Municipal Code is hereby
amended as follows:
7.18.020 Purpose.
The City Council finds and determines that it is in the best interests of the City to
manage groundwater resources within the City to protect the public health, safety, and
general welfare of City residents, further the goals and purposes of the Sustainabi lity
Rights Ordinance (Santa Monica Municipal Code Chapter 12.02), and implement the
Sustainable Groundwater Management Act (California Water Code Section 10720, et
seq.).
SECTION 10. Article 12 of the Santa Monica Municipal Code is hereby added to
read as follows:
Article 12 SUSTAINABILITY CODE
Chapter 12.01 INTRODUCTORY PROVISIONS
12.01.010 Title.
This Article shall be known as the City of Santa Monica Sustainability Code.
12.01.020 Purpose.
The City of Santa Monica Sustainability Code is created and exists for the purpose
of codifying Santa Monica’s commitment to achieving sustainability by among other
things: (i) restoring, protecting and preserving our natural environment and all of its
components and communities including, but not limited to, the air, water, soil, and climate
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upon which all living things depend; (ii) creating and promoting sustainable systems of
food production and distribution, energy production and distribution, transportation, waste
disposal, and water supply; and (iii) to the full extent legally possible, subordinating the
short-term, private, financial interests of corporations and others to the common, long-
term interest of achieving environmental and economic sustainability.
The City acknowledges that the following chapters and sections of the Santa
Monica Municipal Code play a significant role in the City’s ongoing sustainability efforts:
Chapter 2.28 (Tropical Woods)
Chapter 3.06 and Section 3.12.835 (Car Share & EV parking)
Chapter 4.08.270 (Leaf Blowers)
Chapter 4.44 (Smoking/Tobacco)
Chapter 5.44 (Non-recyclable Plastic Food Containers)
Chapter 5.45 (Single Use Carry Out Bags)
Chapter 7.10 (Urban Runoff Pollution)
Chapter 7.16 (Water Conservation)
Chapter 7.18 (Sustainable Groundwater Maintenance)
Chapter 7.48 (Litter)
Chapter 7.56 (Storm Water Utility)
Chapter 7.64 (Clean Beaches Parcel Tax)
Section 10.08.340 (Prohibiting Waste Matter on Beach/In Ocean)
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Chapter 12.02 SUSTAINABILITY RIGHTS
12.02.010 Title.
This Article shall be known as the City of Santa Monica Sustainability Rights
Ordinance.
12.02.020 Findings.
The City Council finds and declares:
(a) With the exponential growth in human population and its increasing per
capita resource consumption, the planet cannot sustain our current way of life, which is
destructive to the natural elements upon which all species depend: the air, water, climate,
soil and other fundamental elements of the world;
(b) Like all other communities, Santa Monica’s welfare is inextricably
bound to the welfare of the natural environment; and the City has therefore long been
committed to protecting, preserving and restoring the natural environmen t and providing
a model of environmental sustainability for other communities to utilize;
(c) The City Council of Santa Monica has expressed this commitment
through a multitude of enactments and actions, including recognizing both the rights of
natural communities and ecosystems within Santa Monica to exist, thrive and evolve and
the rights of the individual human beings that make up the City of Santa Monica to a
clean, healthy and sustainable environment. The peoples’ rights include, but are not
limited to: the right to affordable and accessible water from sustainable water sources for
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human consumption, cooking, and sanitary purposes, as referenced in Calif. AB 685
(2012); the right to a sustainable energy future based on sustainable renewable energy
sources; the right to a sustainable natural climate unaltered by fossil fuel emissions; the
right to sustainable, comprehensive waste disposal systems that do not degrade the
environment; the right to clean indoor and outdoor air, clean water and clean soil that
pose a negligible health risk to the public; and the right to a sustainable food system that
provides healthy, locally grown food to the community;
(d) These rights are not sufficiently safeguarded by the existing body of
local, national and international environmental policies and laws, which are grossly
inadequate to avert the mounting environmental crisis; and
(e) The inadequacy of the current framework of state, national and
international policies and laws necessitates re-examination of the underlying societal and
legal assumptions about our relationships with the environment and a renewed focus on
effectuating these rights.
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12.02.030 Rights of Santa Monica residents and the natural environment.
(a) All residents of Santa Monica possess fundamental and inalienable rights to:
clean water from sustainable sources; marine waters safe for active and passive
recreation; clean indoor and outdoor air; a sustainable food system that provides healthy,
locally grown food; a sustainable climate that supports thriving human life and a
flourishing biodiverse environment; comprehensive waste disposal systems that do not
degrade the environment; and a sustainable energy future based on renewable energy
sources.
(b) Natural communities and ecosystems possess fundamental and inalienable
rights to exist and flourish in the City of Santa Monica. To effectuate those rights on behalf
of the environment, residents of the City may bring actions to protect these natural
communities and ecosystems, defined as: groundwater aquifers, atmospheric systems,
marine waters, and native species within the boundaries of the City.
(c) All residents of Santa Monica possess the right to self -governance and to a
municipal government which recognizes that all power is inherent i n the people, that all
free governments are founded on the people’s authority and consent, and that corporate
entities, and their directors and managers, do not enjoy special privileges or powers under
the law that subordinate the community’s rights to their private interests.
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12.02.040 Biennial report.
At least once during every twenty-four-month period, City staff shall prepare a
written report to the community on the state of the local environment, the realization of
the rights recognized in this Chapter, and the City’s progress in effectuating and enforcing
the Sustainable City Plan and the policies and provisions of this Chapter. The report shall
include recommendations for advancing and ensuring compliance with the Sustainable
City Plan.
12.02.050 Biennial hearing.
The City Council will bi-annually review the Sustainability Rights Biennial Report,
conduct a public hearing, assess the City’s progress in effectuating and enforcing both
the Sustainable City Plan and the policies and provisions of this Chapter, and provide
direction to staff to ensure compliance with the Plan’s provisions and with the inherent
rights of the people and natural communities of the City of Santa Monica described herein.
12.02.060 Compliance assurance.
The City or any City resident may bring an action to enforce any provisio n of the
Santa Monica Municipal Code that advances the goals identified as enforceable in the
Sustainable City Plan.
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SECTION 11. 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 12. 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 13. 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 take effect 30 days
after adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
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Approved and adopted this 25th day of June, 2019.
_____________________________
G l e a m D a v i s , M a y o r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2611 (CCS) had its introduction
on June 11, 2019, and was adopted at the Santa Monica City Council meeting
held on June 25, 2019, by the following vote:
AYES: Councilmembers McKeown, Morena, Himmelrich, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2611 (CCS) was duly published pursuant to
California Government Code Section 40806.
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6/28/2019