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      Department of Public Works Bureau of Sanitation
On October 1, 1998 the Stormwater and Urban Runoff Pollution Control Ordinance became law in the City of Los Angeles. The new ordinance not only makes it a crime to discharge pollutants into the storm drain system and imposes stiff fines on violators, but now also gives City public officers the authority to issue citations or arrest business owners or residents who deliberately and knowingly dump or discharge hazardous chemicals or debris into the system.

The Stormwater Ordinance also streamlines enforcement efforts into one area of the City of Los Angeles municipal code. Prior to the passage of this ordinance, the NPDES Permit could only be enforced through a variety of different ordinances, but none specifically addressed the crime of dumping pollutants into the storm drain system. After determining that the pre-existing Industrial Waste Control Ordinance, Section 64.33 (1944) did not adequately provide the necessary authority to enforce all provisions of the NPDES Permit, stormwater enforcement staff drafted the new ordinance language and championed its passage.

While stormwater industrial waste inspectors could issue notices of violation to polluters, they often found that the absence of a stormwater ordinance weakened their ability to pursue actual prosecution. With its passage, the City has the means to cite, fine and prosecute business owners and residents who are caught violating these laws.

As another provision of the NPDES Permit, the division’s inspectors conduct educational business site visits. Since early 1997, stormwater industrial waste inspectors have visited over 12,000 businesses distributing literature that outlines best management practices (BMPs) that can be adopted and advising business owners of site practices that may negatively impact urban runoff. Industries that have been visited to date include restaurants, vehicle repair and accessory shops, gasoline stations, and manufacturing facilities.

For more information about the Stormwater Ordinance, please call (323) 342-1501.


The Stormwater and Urban Runoff Pollution Control Ordinance is as follows:

SEC. 64.70.  GENERAL PROVISIONS.

(Article and Section Added by Ord. No. 172,176, Eff. 10/1/98.)

A.  Title.  This article is known as “Stormwater and Urban Runoff Pollution Control” and may be so cited.

B.  Objectives.  This article sets forth uniform requirements and prohibitions for dischargers and places of discharge to the storm drain system, and the receiving waters, necessary to adequately enforce and administer all laws and lawful standards and orders or special orders, that provide for the protection, enhancement and restoration of water quality.  Through a program employing watershed-based approaches that balance environmental and economic considerations, under the jurisdiction of the Board of Public Works, the City seeks to protect and promote the public health, safety, and general prosperity of its citizens with the implementation of the following objectives: 

  1. To comply with all Federal and State laws, lawful standards and orders applicable to stormwater and urban runoff pollution control;
  2. To prohibit any discharge which may interfere with the operation of, or cause any damage to the storm drain system, or impair the beneficial use of the receiving waters;
  3. To prohibit illicit discharges to the storm drain system;
  4. To reduce stormwater runoff pollution;
  5. To reduce non-stormwater discharge to the storm drain system to the maximum extent practicable; and
  6. To develop and implement effective educational outreach programs designed to educate the public on issues of stormwater and urban runoff pollution.

C.  Scope.  This article provides for the control and regulation of discharges to the storm drain system and receiving waters, through a program of education and enforcement of general and specific prohibitions and requirements.  This article applies to all dischargers and places of discharge located within the City of Los Angeles that discharge stormwater or non-stormwater into any storm drain system or receiving waters.  Except as otherwise provided herein, the Director, under the jurisdiction of the Board of Public Works, shall administer, implement and enforce the provisions of this ordinance.  

D.  Violations.  Any person violating any of the provisions or failing to comply with the mandatory requirements of this article, shall be guilty of a misdemeanor unless such violation or failure is declared herein to be an infraction.   

 

SEC. 64.70.01.  DEFINITIONS AND ABBREVIATIONS. 

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A.  Definitions.  For the purpose of this article, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning:   

  1. Basin Plan” means a Water Quality Control Plan adopted by the California Regional Water Quality Control Board for a specific watershed or designated area.
  2. Best Management Practice (BMP)” means activities, practices, facilities, and/or procedures which when implemented will reduce or prevent pollutants in discharges.
  3. Board” means the Board of Public Works of the City of Los Angeles or its duly authorized representative.
  4. Clean Water Act (CWA)” means the Federal Water Pollution Control Act enacted in 1972 by Public Law 92-500 and amended by the Water Quality Act of 1987.  The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless said discharge is in accordance with an NPDES permit.
  5. Commercial Activity” means any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services.
  6. Construction Activity” is defined as clearing, grading, or excavation that results in soil disturbance.  Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and/or safety.
  7. Control” means to minimize, reduce or eliminate by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.
  8. Director” means the Director of the Bureau of Sanitation of the Department of Public Works of the City of Los Angeles or the duly authorized representatives designated to administer, implement and enforce the provisions of this article.
  9. Discharge” means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance.
  10. “Hazardous Material(s)” means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.
  11. Illicit Connection” means any man-made conveyance that is connected directly to the storm drain system, excluding roof-drains and other similar connections, that serves as a pathway for any illicit discharge.
  12. Illicit Discharge” means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, Codes or regulations.  Illicit discharges include all non-storm water discharges except discharges pursuant to an NPDES permit or discharges that are exempted or conditionally exempted by such NPDES permit or granted as a special waiver or exemption by the Regional Board.
  13. Impervious Surface” means any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.
  14. Industrial Activity” means any public or private activity which is associated with any of the 11 categories of activities defined in 40 CFR 122.26 (b) (14) and required to obtain a NPDES permit.
  15. Industrial/Commercial Facility” means any facility involved and/or used in either the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services.  This category of facility includes, but is not limited to, any facility defined by the Standard Industrial Classifications (SIC).  Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition.
  16. Maximum Extent Practicable (MEP)” means the standard for implementation of storm water management programs to reduce pollutants in stormwater.  MEP refers to storm water management programs taken as a whole.  It is the maximum extent possible taking into account equitable considerations and competing facts, including but not limited to, the gravity of the problem, public health risk, societal concern, environmental benefits, pollutant removal effectiveness, regulatory compliance, public acceptance, ability to implement, cost and technical feasibility.  Section 402(p) of the Clean Water Act requires that municipal permits “… shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and systems, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants.”
  17. National Pollutant Discharge Elimination System (NPDES)”  means a permit issued by the U.S. EPA, State Water Resources Control Board, or the California Regional Water Quality Control Board pursuant to the Clean Water Act that authorizes discharges to Waters of the United States and requires the reduction of pollutants in the discharge.
  18. Non Storm Water Discharge”  means any discharge to a municipal storm drain system that is not composed entirely of storm water.
  19. Pollutant” means any “pollutant” defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Sec. 13373.  Pollutants may include, but are not limited to the following: 
    • (a)  Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);
    • (b)  Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic;
    • (c)  Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease);
    • (d)  Excessive eroded soil, sediment, and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State.
    • (e)  Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); and
    • (f)  Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. 

20.  “Receiving waters” means all surface water bodies within Los Angeles County that are identified by the Regional Board in a Basin Plan.

21.  “Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region. 

22.  “Storm Drain System” means any facilities or any part thereof, including streets, gutters, conduits, natural or artificial drains, channels and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Los Angeles.  

23.  “Storm Water or Stormwater” means water which originates from atmospheric moisture (rainfall or snow melt) and that falls onto land, water, or other surfaces.  Without any change in its meaning, this term may be spelled or written as one word or two separate words.

24.  “Storm Water Pollution Prevention Plan (SWPPP)” means a plan required by and for which contents are specified in the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Storm Water Discharges Associated with Construction Activities.

25.  “Stormwater Runoff” means that part of precipitation (rainfall or snow melt) which travels across a surface to the storm drain system or receiving waters.

26.  “Toxic Materials”.  For purposes of compliance with the Los Angeles County Municipal Stormwater Permit, toxic materials means any material(s) or combination of materials which directly or indirectly causes either acute or chronic toxicity in the water column.

27.  “Untreated”  means non stormwater runoff, wastewater or wash waters that have not been subjected to any applicable Treatment Control, Best Management Practices or are not in compliance with conditions of a separate or general NPDES permit.

28.  “Urban Runoff” means surface water flow produced by storm and non-storm events.  Non-storm events include flow from residential, commercial or industrial activities involving the use of potable and non-potable water.

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SEC.  64.70.02.  POLLUTANT DISCHARGE CONTROL.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A.  General Discharge Prohibitions. 

No person shall discharge, cause, permit, or contribute to the discharge of any of the following to the storm drain system or receiving waters: 

  1. Any liquids, solids or gases which by reason of their nature or quantity are flammable, reactive, explosive, corrosive, or radioactive, or by interaction with other materials could result in fire, explosion or injury.
  2. Any solid or viscous materials which could cause obstruction to the flow or operation of the storm drain system.
  3. Any pollutant that injures or constitutes a hazard to human, animal, plant, or fish life, or creates a public nuisance.
  4. Any noxious or malodorous liquid, gas, or solid in sufficient quantity, either singly or by interaction with other materials, which creates a public nuisance, hazard to life, or inhibits authorized entry of any person into the storm drain system.
  5. Any medical, infectious, toxic or hazardous material or waste. 

B.  Controlling the Discharge of Pollutants Associated with Industrial or Commercial Activities.

Except as allowed under a general or separate NPDES permit, the following prohibitions apply to all persons operating or performing any industrial or commercial activities within the City of Los Angeles:

1.  No person shall discharge, cause or permit the discharge of untreated wastewater from steam cleaning, mobile carpet cleaning, or from other such mobile commercial or industrial operations into the storm drain system.

2.  No person shall discharge, cause or permit any discharge of untreated runoff containing grease, oil, antifreeze, other fluids from machinery, equipment, tools or motor vehicles, or hazardous substances into the storm drain system.

3.  No person shall discharge, cause or permit the discharge of untreated runoff from the washing of toxic materials from paved or unpaved areas into the storm drain system.

4.  No person shall discharge, cause or permit the discharge of wastewater from the washing out of concrete trucks into the storm drain system.

5.  Violation of any of the following prohibitions within this subdivision shall be punishable as a infraction: 

  • (a)  No person shall discharge, cause or permit the discharge of untreated wash water from gas stations, auto repair garages, or from other types of automotive facilities into the storm drain system.
  • (b)  No person shall discharge, cause or permit the discharge of untreated runoff from the washing of impervious surfaces into the storm drain system.  This provision shall apply unless the washing is specifically required by State or local health and safety codes or unless the discharge is conditionally exempt as street or sidewalk washing as provided in Subdivision 2, Subsection A of Section 64.70.03 of this article.
  • (c)  No person shall discharge, cause or permit the discharge of food wastes from the washing of any floor coverings such as duck boards, grates, mats or rugs from any commercial kitchen, or from any other commercial food preparation or processing activity, into the storm drain system.
  • (d)  No person shall discharge, cause or permit the discharge of commercial/public swimming pool filter backwash into the storm drain system.  

C.  Controlling Spills, Dumping Or Disposal Of Materials To The Storm Drain System.

This subsection applies to all persons within the City of Los Angeles and is in addition to any other anti-littering provisions provided in Sections: 56.08, 57.21.06, 62.54, 66.04, and 66.25 of this Code.  

  1. The following prohibitions apply to all persons within the City of Los Angeles and any violation of this subdivision shall be punishable as a misdemeanor:
  • (a)  No person shall throw, deposit, leave, cause or permit to be thrown, deposited, placed, or left, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, gutter, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City so that such materials, when exposed to stormwater or any runoff, become a pollutant in the storm drain system.
  • (b)  No person shall intentionally dispose or cause the disposal of leaves, dirt, or other landscape debris into the storm drain system. 
  • (c)  No person shall spill, dump or dispose any pesticide, fungicide, or herbicide, into the storm drain system.
  • (d)  No person shall leave, dispose, cause or permit the disposal of hazardous wastes in such a manner that results in a spill, leak or drainage of such wastes onto any sidewalk, street or gutter that discharges into, or flows with any other runoff into the storm drain system.
  • (e)  No person shall store fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries and any toxic or hazardous material(s) in a manner which causes the runoff of pollutants from such materials or wastes into the storm drain system.
  • (f)  No person shall dispose, discharge, or permit the discharge of any sanitary or septage wastes from any source into the storm drain system. 

D.  Controlling Pollutants From Parking Lots.

Any owner or operator of industrial/commercial motor vehicle parking lots with more than twenty-five (25) parking spaces that are located in areas potentially exposed to storm water shall be required through regular sweeping or other effective measures to remove all debris during the period between October 1 and April 15.  Violation of this subsection shall be punishable as an infraction. 

 

SEC. 64.70.03.  ELIMINATION OF ILLICIT DISCHARGES AND ILLICIT CONNECTIONS.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A.  Prohibition of Illicit Discharges. 

No person shall discharge non-storm water to the storm drain system, unless authorized by a separate or general NPDES Permit or if the discharge is exempted or conditionally exempted by the Municipal Storm Water and Urban Runoff NPDES Permit for Los Angeles County, as provided or as subsequently amended or if granted as a special waiver or exemption by the Regional Board.  

  1. Exempt Discharges.  The following non-stormwater discharges are exempt from obtaining a separate or general NPDES permit and are allowed to be discharged into the storm drain system:  

    (a)  Flows from riparian habitats or wetlands;
    (b)  Diverted stream flows;
    (c)  Flows from natural springs;
    (d)  Rising ground waters;
    (e)  Uncontaminated ground water infiltration; and
    (f)  Discharge or flows from emergency fire fighting activities. 

2. Conditionally Exempt Discharges. The following non-stormwater discharges may be allowed to be discharged into the storm drain system, subject to all appropriate BMPs.  The Board may review and adopt appropriate BMPs for any conditionally exempt discharges and place said BMPs in the Board’s “Rules and Regulations Governing the Discharge of Conditionally Exempt Non-Stormwater Discharges”.  The Board may from time to time, as it deems appropriate, change, modify, revise or alter existing BMPs.  It shall be the responsibility of any discharger to comply with all Board adopted BMPs in existence at the time of discharge of any non-stormwater discharge set forth on this Conditionally Exempt Discharge list.  If the Board has not adopted BMPs for any of the below listed discharges, the discharger may allow such a discharge provided it is in compliance with all other requirements of the “Stormwater and Urban Runoff Pollution Control Ordinance”. Discharge of any of the below listed “Conditionally Exempt Discharges” at a time prior to the Board’s adoption of BMPs for that particular discharge shall not relieve the discharger from compliance with the BMPs for the discharge once they are adopted by the Board.  The “Conditionally Exempt Discharges” are as follows:   

  • (a)  Discharges from lawn and landscape irrigation;
  • (b)  Water line flushing;
  • (c)  Discharges from potable water sources;
  • (d)  Foundation drains;
  • (e)  Footing drains;
  • (f)  Air conditioning condensate;
  • (g)  Irrigation water;
  • (h)  Water from crawl space pumps;
  • (i)  Dechlorinated swimming pool discharges;
  • (j)  Discharges from individual residential car washing;
  • (k)  Discharges from non-profit car washing;
  • (l)  Street washing (including sidewalk washing); and
  • (m)  Other categories approved by the Executive Officer of the California Regional Water Quality Control Board, Los Angeles Region or an authorized representative. 

B.  Illicit Connections.

It is prohibited to establish, use, maintain, or continue illicit drainage connections to the City storm drain system, and to commence or continue any illicit discharges to the City storm drain system.  This prohibition applies to connections made in the past.  Improperly installed or defective rain diversion systems or devices that release pollutants into the storm drain system shall be considered illicit connections and shall be subject to removal or modifications. One year after the effective date of this article and after notification of the illicit connection, a person has ninety (90) days to remove or modify such connection.  Any extension of time for removal or modification must be approved by the Board.

C.  Storm Drain Connection Permits.

No permit for any storm drain connection as required under Section 64.12 of this Code, shall be issued until the Board is satisfied that the discharge from the permitted connection will be in compliance with the provisions of this article and all applicable Federal and State discharge regulations or requirements.

D.  Discharges Permitted By Industrial Wastewater Permits. 

Industrial Wastewater Permits issued for discharges of non-stormwater to the storm drain system, Waters of the State, and industrial waste discharges to points other than to the City’s Publicly Owned Treatment Works (POTW), that were previously permitted under Section 64.30 of this Code, shall be canceled by the Director.  No Industrial Wastewater Permit will be required for discharges to any point other than to the POTW.   

 

SEC. 64.70.04.  (Reserved) 

(Added by Ord. No. 172,176, Eff. 10/1/98.) 

 

SEC. 64.70.05.  AUTHORITY TO INSPECT.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A.  Authority to Inspect. 

Whenever it is necessary to investigate the source of any discharge to any public street, inlet, gutter, or storm drainage system within the City of Los Angeles, to verify compliance with this article, or to enforce any of its provisions, or perform any duty imposed by this article or other applicable law, the Director is hereby authorized to enter such private property at any reasonable time and perform such inspection or investigation.  Prior to performing any authorized inspections, entry to private property shall be obtained as follows: 

  1. If such building or premises is occupied, the Director shall first present proper credentials of identification and obtain either the consent of the owner or occupant of the private property or shall obtain an administrative warrant or criminal search warrant; or
  2. If such building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry, explaining the reasons therefor.  If such entry is refused or cannot be obtained because the owner or other person having charge or control of the building or premises cannot be found, the Director shall have recourse to every remedy provided by law to secure entry and inspect the building or premises.
  3. Notwithstanding the foregoing, if the Director has reasonable belief that the discharges emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection or remedial actions to abate conditions that endanger the public health or safety, the Director shall have the right to immediately enter the premises.  Any reasonable means may be used to effect such entry to make the necessary inspection or abate the dangerous condition, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained.  If the property is occupied, the Director shall first present proper credentials of identification to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection. 
  • (a)  In accordance with this subdivision, no person shall refuse, resist, restrict, delay, or interfere with the Director in the performance of his/her duties.  

B.  Inspection Duties. 

Upon securing entry onto private property, the Director shall be allowed to perform the following duties during an inspection: 

  1. To inspect, take samples of any area runoff, process discharge or materials within any exposed waste storage area and perform tests for the purpose of determining the potential for the contribution of pollutants to the storm drain system;
  2. To place on the property of the inspected facility or site any such devices as are necessary to sample, monitor, measure and record flows of discharge or threatened discharge; 
  3. To inspect, examine and copy all records of the owner or occupant of inspected property that pertains to any discharge to the storm drain system, including records relating to chemicals or processes presently or previously occurring on the site, NPDES permit, Notice of Intent to comply with a General NPDES permit, waste discharge records, waste manifests, Storm Water Pollution Prevention Plans, monitoring plans, test results, any records or plans relating to discharge connections to the storm drain system and any other information required to carry out the provisions of this article;
  4. To photograph any materials, storage or process areas, wastes, waste containers, vehicles, connections, Best Management Practices, treatment systems, discharge location(s), or any violation(s) discovered during the inspection; and
  5. To abate, correct or prevent pollutants from entering the storm drain system or surface waters. 

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SEC. 64.70.06.  AUTHORITY TO ARREST AND ISSUE CITATIONS.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

In addition to the provisions established in section 61.07(b) of this Code, Chief Industrial Waste Inspectors, Senior Industrial Waste Inspectors and Industrial Waste Inspectors of the Department of Public Works, designated to implement and enforce the provisions of this article, shall have the power, authority, and immunity of a public officer or employee, as set forth in the Penal Code of the State of California, Section 836. 5 to make arrests without a warrant or release on citation whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in his or her presence which is a violation of this article.  Each citation to appear shall state the name and the address of the violator, the provisions of this article violated, and the time and place of appearance before the court.  The person cited shall sign the citation giving his or her written promise to appear as stated therein.  If the person cited fails to appear, the City Attorney may request issuance of a warrant for the arrest of the person cited.   

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SEC. 64.70.07.  ENFORCEMENT.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A.  Criminal Sanctions. 

1.  Misdemeanors.  Every violation of this article is punishable as a misdemeanor unless such violation or failure to comply is declared therein to be an infraction.  Misdemeanors shall be punishable as follows: 

  • (a)  A misdemeanor shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment.   

2.  Infractions.  Violation of any provision of this article that is provided herein to be an infraction shall be punishable as follows:

  • (a)  Every violation that is charged as an infraction is punishable by a fine not to exceed $50.00 for the first violation, $100.00 for the second violation of the same provision within one year of the first violation, and $250.00 for the third violation of the same provision within one year of the second violation.  Any subsequent violation(s) of the same provision, occurring any time after the third violation of the same provision, shall be punishable as a misdemeanor. 

B.  Violations Deemed A Public Nuisance. 

In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provision of this article shall be deemed a public nuisance, and may be summarily abated by the City.

C.  Continuing Violation(s). 

Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day a violation of this article is committed, continued or permitted by the person and shall be punishable accordingly as herein provided. 

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SEC. 64.70.08.  REMEDIES NOT EXCLUSIVE.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

Remedies provided for the enforcement of this article are in addition to and do not supersede or limit any and all other remedies provided by law.  The remedies provided herein are cumulative and not exclusive.   

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SEC. 64.70.09.  LIABILITY FOR COSTS OF CORRECTION ARISING FROM UNLAWFUL DISCHARGE.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

In addition to any fine or penalty imposed, whenever any discharger introduces or causes the introduction of non-storm water or any pollutant in violation of this article and such discharge results in a violation of any State or Federal laws or regulations, damages public property, or adversely affects a storm drain system in the City of Los Angeles or receiving waters, said discharger shall be liable to the City for reasonable costs necessary to correct that discharge, detriment or adverse effect, including, but not limited to labor, material, inspection, transportation, overhead, and incidental expenses associated with the corrective action or the clean-up of the pollutant and its effects.  

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SEC. 64.70.10.  DISPOSITION OF MONEY COLLECTED.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

Any costs recovered pursuant to Section 64.70.08 of this article, or any funds received from the Los Angeles County Flood Control District Fund as reimbursement for any flood control activities or any type of program implementation as required by the NPDES Municipal Stormwater Permit, shall be deposited in the Stormwater Pollution Abatement Fund established by Section 64.51.11 of this Code.  Notwithstanding the provisions for expenditure and disposition of funds provided in Sec. 64.51.11 and Sec. 64.51.13, funds collected under this section shall be reserved and expended only for those purposes for which the funds were recovered or reimbursed. 

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SEC. 64.70.11.  STORMWATER AND URBAN RUNOFF POLLUTION EDUCATION.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

As part of the City’s Stormwater Management Program, the Board shall develop and implement a public informational outreach program to educate residents and business persons who operate within the City of Los Angeles, including City employees, about the provisions of this article, the detrimental effects of stormwater and urban runoff pollution and the means for controlling such pollution.  This program shall include but not be limited to:  written or printed materials, audio and visual materials, posters, signs, films, videos, training courses, workshops, public service announcements, and any other applicable or appropriate educational tools or materials. 

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SEC. 64.70.12.  CONSTRUCTION AND APPLICATION.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

This ordinance shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS614001 and any amendment, revision or reissuance thereof.  

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SEC. 64.70.13.  SEVERABILITY.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remainder shall continue in effect and shall be interpreted is such manner as to effectuate the objectives set forth in Section 64.70. of this article. 

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SEC. 64.72.  STORMWATER POLLUTION CONTROL MEASURES FOR DEVELOPMENT PLANNING AND  CONSTRUCTION ACTIVITIES.

(Title and Section Amended by Ord. No. 173,494, Eff. 9/14/00.)

A)  Objective.  The provisions of this section set forth requirements for construction activities and facility operations of development and redevelopment projects to comply with the requirements of the Standard Urban Stormwater Mitigation Plan as defined by the “Development Best Management Practices Handbook” adopted by the Board of Public Works.

B)  Scope.  This section provides for the requirements of stormwater pollution control measures in accordance with the “Development Best Management Practices Handbook” adopted by the Board of Public Works. This section applies to development and redevelopment projects and authorizes the Board of Public Works to define and adopt stormwater pollution control measures, grant waivers from the requirements of the Standard Urban Stormwater Mitigation Plan, collect funds from projects that are granted waivers, conduct inspections, cite violators for infractions, and impose fines.  Except as otherwise provided herein, the Board of Public Works shall administer, implement and enforce the provisions of this section.

C)  Other Agencies of the City of Los Angeles.  All agencies of the City of Los Angeles, including Department of Water and Power, Los Angeles World Airports, Port of Los Angeles, Community Development Department, Community Redevelopment Agency and Los Angeles Housing Authority, shall establish administrative procedures necessary to implement the provisions of this section on their development and redevelopment projects and report their activities annually to the Board of Public Works. 

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SEC. 64.72.01.  AUTHORITY OF THE BOARD OF PUBLIC WORKS.

(Added by Ord. No. 173,494, Eff. 9/14/00.)

A)  Define & Adopt Best Management Practices (BMPs).  The Board of Public Works shall have the authority to define and adopt best management practices necessary to control stormwater pollution from construction activities and facility operations to the maximum extent practicable and place said requirements in the Board of Public Works’ “Development Best Management Practices Handbook”.  The Board of Public Works may from time to time, as it deems appropriate, change, modify, revise or alter stormwater pollution control best management practices.

B)  Granting of Waiver.  The Board of Public Works shall have the authority to grant a waiver to a development or redevelopment project from the requirements of the Standard Urban Stormwater Mitigation Plan as defined in the “Development Best Management Practices Handbook” adopted by the Board of Public Works as authorized by this section of the Los Angeles Municipal Code.  

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SEC. 64.72.02.  FUNDS COLLECTED FROM WAIVER. 

(Added by Ord. No. 173,494, Eff. 9/14/00.)

The Board of Public Works may collect from the applicant of a project that has been granted a waiver the cost in savings from such waiver, as determined by the Board of Public Works in accordance with the “Development Best Management Practices Handbook” adopted by the Board of Public Works as authorized by this section of the Los Angeles Municipal Code.  Such collected funds shall be deposited in the Stormwater Pollution Abatement Fund as established by Section 64.51.13 of this code.  

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SEC. 64.72.03.  SUPPLEMENTAL PROVISIONS. 

(Added by Ord. No. 173,494, Eff. 9/14/00.)

Provisions of this section shall be complimentary to, not replaced by, any requirements for stormwater mitigation existing under the California Environmental Quality Act.

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SEC. 64.72.04.  AUTHORITY TO INSPECT AND ENFORCE STORMWATER POLLUTION CONTROL MEASURES.

(Added by Ord. No. 173,494, Eff. 9/14/00.)

A)  Violations.  Notwithstanding the provisions of the grading or building permit, non-compliance with any provisions of this section and, or the required Covenant & Agreement pursuant to Chapter IX Article I Section 91.106.4.1 Exception 15, shall be considered an infraction and may be punishable in accordance with Section 64.70.07, Subsection A, Subdivision 2 of this article.  Each day of non-compliance may be considered a separate violation.

B) Inspection.  Whenever it is necessary to make an inspection to enforce or verify compliance with any stormwater control provision, as imposed by this article, Chapter IX of the Los Angeles Municipal Code Article 1 Section 91.106.4.1 Exception 14, and Chapter IX Article 1 Section 91.106.4.1 Exception 15, the Board of Public Works or its representatives are hereby authorized to enter such property at any reasonable time to inspect for compliance with best management practices and perform any duty imposed by this article and the provisions of Section 91.106.4.1 Exception 14  and 15 of this Code, or other applicable law, provided that: 

  1. If such property be occupied, he/she shall first present proper credentials to the occupant and request entry explaining his/her reasons therefor; and
  2. If such property be unoccupied, he/she shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his/her reasons therefor.  If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Board of Public Works or its representatives shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.
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