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CC - Item 4B - Resolution 2004-21 - Stormwater and Runoff Pollution ControlTO: HONORABLE MAYOR AND MEMBERS ROSEM�D.CITY COUNCIL FROM: BILL C OWE, CITY MANAGER DATE: JUNE 1, 2004 RE: RESOLUTION NO. 2004-21 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF LOS ANGELES AND PROVIDE ENFORCEMENT OF STORMWATER AND RUNOFF POLLUTION CONTROL PROVISIONS OF THE CITY MUNICIPAL CODE NPDES Permit No. CAS004001, Order No. 01 -182, requires the City to inspect all restaurants, automotive related businesses and certain Tier 1 and Tier 2 industrial and manufacturing facilities to ensure that each business and facility are implementing Best Management Practices to the maximum extent practicable in accordance with the County's Industrial /Commercial Facilities Control Program. Los Angeles County Department of Health Services is performing the stormwater inspection services on behalf of the City for all restaurants in the City. Los Angeles County Department of Public Works (Public Works) is prepared to offer a Stormwater and Runoff Pollution Control Industrial /Commercial Inspection Program to co- permittee cities for performing the required inspections of the automotive related businesses and the Tier 1 and 2 facilities. Under the NPDES permit, each permittee shall require implementation of pollutant reduction and control measures at industrial and commercial facilities, with the objective of reducing pollutants in stormwater runoff. At a minimum, the Industrial /Commercial Facilities Control Program shall include requirements to: (1) track, (2) inspect, and (3) ensure compliance at industrial /commercial facilities that are critical sources of pollutants in stormwater. Inspections shall be performed twice during the 5 -year term of the permit, provided that the first inspection occurs no later than August 1, 2004, and there is a COUNT . AGERQA JUN 0 8 2004 1TE N4 r �0. June 1, 2004 Page 2 minimum interval of one year in between the first compliance inspection and the second. Inspections will confirm that each operator has a current Waste Discharge Identification number, and is effectively implementing applicable Best Management Practices. Public Works will perform the Program inspections, issue stormwater related permits and collect fees if so requested by the City. Inspections performed by Public Works will be at the same level and utilize similar procedures as those employed at comparable businesses in unincorporated County areas. Forms and educational and informational materials distributed will also be the same. Inspections will be made with the knowledge and cooperation of the business involved. The City currently has 143 automotive related businesses and approximately 25 Tier 1 and Tier 2 facilities that would require inspection under the NPDES permit. The County anticipates that the cost of the inspection program will be approximately $200 per business. The City will be billed monthly for all services performed and periodic status reports will be supplied as may be requested by the City. Public Works will maintain records of all Program related activities within the City, which will be available upon request. If the City Council approves the proposed agreement, staff will present a follow up ordinance amending the Municipal Code to match the County fee schedule in order that the County can collect the appropriate fees to offset the cost of the inspection program. Any revenue collected by the County will be refunded to City in full. RECOMMENDATION It is recommended that the Rosemead City Council adopt Resolution No. 2004 -16, approve the Stormwater Agreement and authorize the Mayor to sign the agreement. Attachment RESOLUTION NO. 2004 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF LOS ANGELES AND TO PROVIDE ENFORCEMENT OF STORMWATER AND RUNOFF POLLUTION CONTROL PROVISIONS OF THE CITY MUNICIPAL CODE WHEREAS, the City of Rosemead is a co- permittee under Waste Discharge Requirements and National Pollutant Discharge Elimination System ( NPDES) Permit for Municipal Storm Water and Urban Runoff Discharges in the County of Los Angeles (Order No. 01 -182, NPDES No. CAS004001); WHEREAS, the City of Rosemead is required under the NPDES permit to implement an industrial /commercial facilities control program including inspections; WHEREAS, Chapter 13.16 of the Rosemead Municipal Code requires that industrial /commercial businesses implement best management practices to control the runoff of pollutants to the storm drain system; WHEREAS, the County of Los Angeles has an established industrial /commercial inspection program and will make this service available to the City of Rosemead on a cost basis; and WHEREAS, the City of Rosemead requests the Department of Public Works of the County of Los Angeles to provide a stormwater and runoff pollution control program for industrial /commercial facilities, exclusive of restaurants;.as required by the NPDES permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Mayor of the City of Rosemead is hereby authorized to execute an agreement with the County of Los Angeles providing for industrial /commercial stormwater and runoff pollution control provisions of the City Ordinance. Section 2. That the Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force. PASSED, APPROVED AND ADOPTED this 8th day of June, 2004 Mayor ATTEST: City Clerk COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" JAMES A. NOYES, Director April 5, 2004 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORMA 91803 -1331 Telephone: (626) 458 -5100 www.ladpw.org ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA. CALIFORNIA 91802.1460 IN REPLY PLEASE EP -1. REFER TO FILE: Mr. Ken Rukavina City of Rosemead 8838 East Valley Boulevard Rosemead. CA 91770 -1787 Dear Mr. Rukavina: INDUSTRIAL /COMMERCIAL FACILITIES STORMWATER INSPECTION PROGRAM AGREEMENT In response to requests for assistance in complying with the Industrial /Commercial Facilities Control Program requirements of the National Pollutant Discharge Elimination System (NPDES) Permit, the County of Los Angeles Department of Public Works (Public Works) is prepared to offer inspection services to those Cities that expressed interest through our questionnaire circulated in August 2003. The enclosed Stormwater and Runoff Pollution Control Industrial Commercial Inspection Program (Program) document outlines the Program and the services we are able to provide. The Department of Public Works will take the initial steps to establish a Program for your City upon receipt of the following: ,... • Copy of the signed Resolution (Attachment A) adopted by the Council requesting the Program service • Copy of the executed Agreement (Attachment B) • Copy of the current City Stormwater Ordinance • Copy of the City's listing of industrial /commercial facilities subject to the Program • The name, e-mail address, and phone number of the City's principal contact person for the Program To implement the Program in unincorporated County areas, Public Works is proposing revisions to the County Stormwater Ordinance that are tentatively scheduled for public hearing before the Board on April 27, 2004. Establishment of a City Program is not April 5, 2004 Page 2 contingent on the City adopting the County Code revisions. However, we recommend parallel adoption by the City. Public Works recognizes the urgency of establishing a viable industrial /commercial inspection program to ensure compliance with the NPDES Permit requirements. Unfortunately, gaining necessary approvals to allow offering of this service has taken longer than originally anticipated. As of this date, Public Works has received requests from cities to perform inspections at over 4,500 facilities excluding restaurants, Realistically, we will be hard pressed to accomplish this task by the Permit deadline for first -round inspections of August 1, 2004. Public Works will begin implementation of City inspections as soon as completed Agreements are received and is prepared to intercede on behalf of the City with the Regional Board for those cities that have established a viable contract Program. If you have any questions, please contact Mr. Carl Sjoberg, Chief, Industrial Waste Planning and Control, at (626) 458 -3539, e -mail: csioberg(c),ladpw.org or Ms. Shari Afshari, Assistant Deputy Director, at (626) 458 -3500, e-mail: safshari(@ladpw.orq Very truly yours, JAMES A. NOYES Director of Public Works DONALD L. WOLFE Chief Deputy Director CWS:cn P'.leppub /generallstorm "ter /SW C!tyofer03l7O4 Enc. STORMWATER AND RUNOFF POLLUTION CONTROL INDUSTRIAL /COMMERCIAL INSPECTION PROGRAM FOR CO- PERMITTEE CITIES The Department of Public Works (Public Works) through the Environmental Programs Division (EPD) is prepared to offer a Stormwater and Runoff Pollution Control Industrial /Commercial Inspection Program (Program) to co- permittee cities that have expressed interest in such a program to assist the city in meeting its obligations under National Pollutant Discharge Elimination System Permit No. CAS004001 for Municipal Storm Water and Urban Runoff Discharges (Permit) issued by the State of California Regional Water Control Board, Los Angeles Region, by Order No. 01 -182 on December 13. 2001. Public Works recognizes the urgency of initiating a Program in order to comply with deadlines in the Permit. To assist in this endeavor, this guideline has been prepared to assist cities in initiating a Program. The amendments to Los Angeles County Code proposed to authorize and fund the County Program are pending before the Board of Supervisors. PROPOSED LEVEL OF SERVICES The Program services offered are to conduct Industrial /Commercial Program Inspections at each facility identified by the city within the city boundaries at a frequency not less than specified in Part 4.C. of the Permit. Inspection of restaurant facilities as described in Part 4.C.2.a)(1) of the Permit will not be included in the Program as this service is currently offered by the County Department of Health Services (Health Services). The city must possess legal authority to implement such a program or obtain such authority within 60- days of entering into an agreement with Public Works. Minimum term for the duration of the agreement will be through the expiration date of the Permit (December 12, 2006). This service is offered to all co- permittee cities, however, priority consideration will be given to those cities that initially responded to our questionnaire distributed in August 2003. Public Works will perform the Program inspections at industrial and commercial facilities, issue stormwater related, permits as may be required by the City Stormwater Ordinance and collect fees if so requested by the city. Inspections performed by EPD under the Program will be at.the same level and utilize similar procedures as those employed at comparable businesses in the unincorporated County areas. Forms and educational and informational materials distributed will also be the same. Upon request, EPD will distribute city- specific educational materials if provided by the city at city expense. 1 All fees collected by EPD will be reimbursed to the city in accordance with the provisions of the Stormwater Agreement. Public Works will account for Program activity by a unique Project Cost Account (PCA). The city will be billed monthly for all services performed and periodic status reports will be supplied as may be requested by the city. Public Works will maintain records of all Program related activities within the city and will make such information available to the city on request. INITIATION OF PROGRAM SERVICES A city may initiate Program consideration by adopting a Resolution (Attachment A) by its City Council requesting the service and authorizing a designated person to enter into an Agreement (Attachment B) to be forwarded to Public Works. Public Works will notify the City on approval of the Agreement by the Los Angeles County Board of Supervisors at which time the inspection program will be initiated. To expedite the Program, the city is also requested to furnish a list of sites to be inspected by Public Works with the Resolution and Agreement. The city shall provide the list in electronic format (Excel preferred) and it shall contain the information defined in Attachment H. A city ordinance acceptable to Public Works must be in place prior to any actual inspections. All deficient conditions will be referred to the city. The city may request Public Works to assist in enforcement actions, including restaurant referrals from Health Services, by exercising such option under the Agreement. The city may further request additional services by a service request through the Public Works' City Services Section of Programs Development Division. STORMWATER AGREEMENT The services noted above are provided through an Agreement that defines the scope of services, the administration of the program, County's authority to enforce city ordinance when requested by the city, the liability of the city and the County, terms for continuation and termination of the Agreement, records to be maintained by the County, and collection of fees and payment for services. The Agreement as presented in Attachment B has been approved by County Counsel and may be executed in its present form. Any, proposed changes to the Agreement will require additional review by County Counsel and may delay implementation of the Program. The minimum level of service shall include inspections as specified above unless otherwise negotiated. STORMWATER AND RUNOFF POLLUTION CONTROL ORDINANCE As noted above, the Agreement requires that the city possess legal authority essentially equivalent to Los Angeles County Code, Title 12, Environmental Protection, Chapter 12.80, Stormwater and Runoff Pollution Control, (effective July 10, 1998), (Attachment C). If the city does not presently have a specific city ordinance, we recommend adoption of the above County Code chapter by reference with any amendments that may be necessary for compatibility with the City Municipal Code as the City Stormwater and Runoff Pollution 2. Control Ordinance. Public Works may assist the city in the preparation of an adoptive city ordinance where necessary. Under the Agreement, Public Works agrees to make a current copy of Title 12, Chapter 12.80 available to the city and to inform the city of all pending Chapter 12.80 revisions by the County for adoption by the city where appropriate. The city, in turn, shall agree to adopt such city ordinance revisions as may be necessary to accomplish.the Program in a timely manner and to inform Public Works of the city's action prior to the effective date of such revision. PENDING ORDINANCE TO:REVISE CHAPTER 12.80 In order to fund the County Program, Public Works is proposing an Ordinance for revision of Chapter 12.80, which will be submitted to the Board of Supervisors that would, among other revisions, establish a permit and fee program for industrial /commercial users of the County storm drain system that may discharge pollutants through stormwater runoff. The purpose of these revisions is to improve control of runoff pollution, increase the effectiveness of inspections to better accomplish the objectives of the Permit and to provide a revenue source to finance the inspection mandates of the Permit. The proposed revisions will provide for an annual inspection program that Public Works believes is necessary to more effectively reduce pollution runoff from industrial /commercial facilities. A number of cities have expressed interest in implementing some or all of the proposed revisions to Chapter 12.80. Implementing a city Program through the Resolution and Agreement is not contingent on similar changes to the city ordinance. The city has the option to request only the minimum inspection frequencies mandated in the Permit and /or provide other funding options. A copy of the ordinance proposing revisions to Chapter 12.80 is presented in Attachment D and has been approved by County Counsel. The city may wish to consider revisions to the city ordinance parallel to the County action in orderto expedite implementation of the Program. INSPECTION PROGRAM Prior to the commencement of any inspections by Public Works, it is recommended that the city send an information notice on city letterhead to all businesses identified by the city notifying them of the pending inspection by Public Works. If the city elects to implement a permit and fee program, as outlined in the above proposed revisions to Chapter 12.80, the notice should include such information. A sample information notice is presented in Attachment E. Inspections under the Program will be made with the knowledge and cooperation of the business involved. Under no circumstance will a property be entered without the consent of an appropriate official. The results of the inspection will be recorded on a comprehensive Storm Water Facility Inspection /Site Report Form (Attachment F). This form has been reviewed and accepted by the Regional Board and is available for use by 3 cities. A copy of this report is given to the business contact who is required to acknowledge receipt. Appropriate informational and educational materials, including specific city materials, if so requested, are also distributed at the time of inspection. These forms will also be used for the compilation of data necessary to implement reporting requirements under the Permit. During the course of inspections by Public Works inspectors, additional facilities may be discovered that qualify as businesses subject to the Program requirements that were not identified on the City's initial list. Such facilities will be reported to the city and will be included in the Program at the request of the city. Public Works will make all reasonable efforts to identify facilities within the city subject to the State General Industrial Activity Stormwater Permit ( GIASP). Facilities believed to be subject to the GIASP and not able to provide evidence of having filed a Notice of Intent with the State as required by the GIASP, will be referred to the Regional Board as required by Part 4,C.2.d)(2) of the Permit.: INVESTIGATIONS Public Works will investigate suspected illicit discharges directly to County owned storm drains at no charge to the city. Should it be determined that the discharge is emanating from a facility located within the city, the city will be notified. Public Works will proceed with investigation and corrective action at such facilities if so authorized by the city and will bill the city for actual costs as provided in the Agreement. It is Public Works' policy to seek reimbursement for damages to County owned facilities, investigative and cleanup cost from responsible parties. Public Works will credit the city for recovered enforcement costs that were originally billed to the city. All investigations of illicit discharges to the storm drain system are made in cooperation with the Los Angeles County District Attorney's Environmental Crimes Strike Force and /or the United States Department of Justice, Office of U.S. Attorney. INDUSTRIAL/COMMERCIAL STORMWATER RUNOFF PERMIT C Public Works is recommending to the Board of Supervisors an Industrial /Commercial Stormwater Runoff Permit system (Attachment D) to better control critical source stormwater dischargers, provide for uniform implementation of effective Best Management Practices (BMPs), maintain the Program database and provide annual funding for the program. Public Works recommends a similar program where cities do not have an alternative source. Under the Program proposed herein, Public Works will provide permit - issuance and fee collection services under the Stormwater Agreement if requested by the city. Implementation of similar programs is optional for the city under the Agreement The ordinance provides for integration of the Program with the existing Industrial Waste Control Program (IWCP) within the unincorporated County areas to provide for combined inspections and to ensure that cross media problems are not created by businesses 4 attempting to implement BMPs. The cost savings are reflected in reduced annual fees to businesses that are subject to both programs (Class B Inspection). Cities that currently contract with Public Works for IWCP services may similarly implement such a two -tier program. ESTIMATED PROGRAM COSTS The objective of the Program presented in this proposal is to meet the city's obligations under the Permit and improve city control over potential industrial and commercial pollutants that may affect the city storm drain system. Exclusive of initial start -up costs, Public Works estimates that Program cost will be approximately equivalent to the proposed County fees in the proposed ordinance. The optional adoption of similar fees in your city Ordinance should provide sufficient revenue to recover costs for services performed under the Program. Under the Agreement all costs incurred by Public Works in implementing the Program for the city would be billed to the city. Any revenue collected by Public Works for the city would be refunded to the city in full. The amount billed for individual work activity, exclusive of liability agreement charges, is the direct labor for the classification of personnel performing the task plus established employee benefit rate and Public Works /EPD overhead rates. The current range of rates is as follows: Employee Group Hourly Range Average Billed Field Personnel Office Engineering $69-$108 $70 $78 The fees proposed in the unincorporated County area .by the amendments to Chapter 12.80 (Attachment D) are as follows: Fee Category Fee Stormwater Permit 191 Class A Inspection 156 Class B Inspection (subject to IWCP) 128 After Hours Inspection 176 Stormwater Sampling 227 5 The proposed fees will be subject to annual review and CPI adjustments providing the fee does not exceed Program costs. The fees noted above may be used to estimate Program costs per facility per inspection exclusive of initial start -up costs. Cities have the option of requesting only the minimum inspection frequency of two inspections during the life of the Permit or'an annual inspection program. In either case, the bill to the city will reflect the actual cost of inspections performed. FIELD OFFICE SUPPORT Engineering, plan check, permit issuance, fee collection,' and record management functions under the Program are carried out at the EPD headquarters office at 900 South Fremont Avenue, Annex Building, Third Floor, Alhambra, California 91803. EPD maintains a Public Counter at this location, Monday through Thursday, 7:00 a.m. to 5:30 p.m., public information telephone number (818) 458 -3517. Field services for the city would be assigned to one of the EPD Field Offices listed in Attachment G. Generally, the Field Office in closest proximity to the city would be the primary service facility. Field Offices are normally staffed Monday trough Friday. Field personnel are responsible for all inspection, investigation, and follow -up activity under the Program. A Senior or Supervising Waste Control Engineering Inspector will be assigned as liaison with city staff on stormwater issues. Field personnel may also be contacted through the Public Works 24 -hour dispatcher at (626) 458 -HELP or through the Stormwater Pollution Prevention hotline, 1 -(888) CLEAN LA. 0 ATTACHMENT A RESOLUTION REQUESTING STORMWATER INDUSTRIAL/COMMERCIAL INSPECTION PROGRAM SERVICES RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF LOS ANGELES AND TO PROVIDE ENFORCEMENT OF STORMWATER AND RUNOFF POLLUTION CONTROL PROVISIONS OF THE CITY MUNICIPAL CODE BE IT RESOLVED by the City Council of the City of as follows: WHEREAS, the City of is a co- permittee under Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Storm Water and Urban Runoff Discharges in the County of Los Angeles (Order No. 01 -182, NPDES.No. CAS004001); WHEREAS, the City of is required under the NPDES permit to implement an industrial /commercial facilities control program including inspections; WHEREAS, City Ordinance No. requires that industrial /commercial businesses implement best management practices to control the runoff of pollutants to the storm drain sysem; WHEREAS, the County of Los Angeles has an established industrial1commercial inspection program and will make this service available to the City of on a cost basis; and WHEREAS, the City of requests the Department of Public Works of the County of Los Angeles to provide a stormwater and runoff pollution control program for industrial /commercial facilities, exclusive of restaurants, as required by the NPDES; The City Council of the City of DOES RESOLVE as follows; Section 1. The Mayor of the City of is hereby authorized to execute an agreement with the County of Los Angeles providing for industrial /commercial stormwater and runoff pollution control provisions of the City Ordinance. Section 2. That the Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force. APPROVED AND ADOPTED this ' day of 200_ Mayor of the City of ATTEST: City Clerk CW SID /SW Resolution County of Los Angeles Department of Public Works Environmental Programs Division STORMWATER AND RUNOFF POLLUTION CONTROL INDUSTRIAL/COMMERCIAL INSPECTION PROGRAM FOR NPDES Permit NO. CAS004001 MUNICIPAL STORMWATER AND URBAN RUNOFF DISCHARGE CO- PERMITTEE CITIES March 2004 0 0 TABLE OF CONTENTS Proposed Level of Services 1 Initiation of Program Services Stormwater Agreement 2 2 Stormwater and Runoff Pollution Control Ordinance 2 Pending Revisions to Chapter 12.80 3 Inspection Program Investigations 3 M Industrial /Commercial Stormwater Permit 4 Estimated Program Costs Field Office Support Attachment A —Sample Resolution Requesting Stormwater Industrial /Commercial Inspection Program Services Attachment B — Sample Stormwater Agreement Attachment C — Los Angeles County Code, Title 12, Chapter 12.80 Attachment D — Proposed revisions to Chapter 12.80 Attachment E — Sample Notice to Businesses Attachment F — Stormwater Facility Inspection /Site Report Forms Attachment G — Field Office Locations Attachment H - Industrial /Commercial Site Inspection Listing I n . ATTACHMENT B STORMWATER AGREEMENT AGREEMENT BETWEEN THE CITY OF • AND THE COUNTY OF LOS ANGELES FOR ENFORCEMENT OF THE CITY'S STORMWATER AND RUNOFF POLLUTION CONTROL ORDINANCE AGREEMENT THIS AGREEMENT is made and entered into this day of 200, by and between the CITY OF , hereinafter referred to as "CITY ", and the COUNTY OF LOS ANGELES, hereinafter referred to as "COUNTY ". WITNESSETH WHEREAS, CITY has adopted Ordinance No. entitled the "Stormwater and Runoff Pollution Control Ordinance of the City of governing the discharge of stormwater runoff to the storm drain systems of the CITY ( "CITY Ordinance "); and WHEREAS, CITY is a co- permittee under National Pollutant Discharge Elimination System Permit No. CAS004001 for Municipal Storm Water and Urban Runoff Discharges within the CITY, hereinafter referred to as "PERMIT' and is subject to implementing an Industrial /Commercial Facilities Control Program including inspections of such facilities, hereinafter referred to as "INSPECTIONS;" and WHEREAS, CITY is desirous of contracting with COUNTY for the enforcement of the CITY Ordinance including INSPECTIONS; and WHEREAS, COUNTY represents that it is capable, ready and willing to render such services on the terms and conditions set forth in this Agreement; and WHEREAS this Agreement is authorized and provided for by the provisions of Section 56 -1/2 of the Charter of the County of Los Angeles and Section 51301 et seq., of the California Government Code. NOW, THEREFORE, it is agreed as follows: Section 1. Services A. COUNTY agrees, through its Department of Public Works (DEPARTMENT), to provide enforcement of the stormwater runoff provisions of the CITY Ordinance including INSPECTIONS and the necessary services incident thereto (collectively, the "Services "). Such Services shall only encompass duties and functions of the type within the jurisdiction of, and customarily rendered by, DEPARTMENT under the County Charter, statutes of the State, various COUNTY ordinances and the PERMIT. CITY delegates to the COUNTY the power and the authority to perform the Services. Services under the terms of this Agreement shall include INSPECTIONS, and the enforcement of the CITY's Ordinance. Services may also include the filing of enforcement actions, filing of required reports and issuing permits when so requested in writing by the CITY. INSPECTIONS shall not include restaurant facilities unless agreed to by the COUNTY and the CITY in a separate written agreement. B. COUNTY shall retain full control and discretion over the manner of providing the Services, establishing standards for the performance of the Services and all matters incidental to the performance of such Services, including, but not limited to, the controlling of personnel employed to provide the Services. During the, term of this Agreement, COUNTY shall provide to the CITY the same level of services as are currently being provided to the COUNTY's unincorporated areas by the DEPARTMENT in its administration of the COUNTY Code, Title 12, Chapter 12.80. Section 2. CITY Cooperation. To facilitate the performance of its duties and obligations under this Agreement, it is agreed the COUNTY shall receive the full cooperation and assistance from CITY, its officers, agents and employees. Section 3. Supplies. COUNTY shall provide all labor, supervision, equipment and supplies necessary to provide the Services. Notwithstanding any other provision of this Agreement, it is further agreed that in all instances wherein the COUNTY deems that is necessary to use special supplies, including but not limited to stationery, notices, educational materials and forms, these special supplies must be prepared and issued in the name of CITY, and the CITY shall supply them at its own cost and expense. COUNTY is expressly authorized by CITY to use CITY's name to perform the Services. Section 4. Status of COUNTY Employees A. All persons employed by the COUNTY in the performance of the Services for CITY shall be COUNTY employees and no CITY employee that may be involved in connection with the. Services shall be considered an employee of the COUNTY. No COUNTY employee employed to perform the Services shall be deemed a CITY employee entitled to any.CITY pension, Worker's Compensation, or to any other status or right as a CITY employee. B. For the purpose of performing the Services and for the purpose of giving official status to the performance thereof, where necessary, every COUNTY officer and employee engaged in the performance of the Services shall be deemed to be an officer or employee of said CITY, while performing Services for the CITY. CITY shall take all steps reasonably necessary to facilitate the performance by COUNTY of the Services. 2 Section 5. Compensation of COUNTY Employees. CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any COUNTY personnel performing services hereunder for said CITY or any liability other than that provided for in this Agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his or her employment except as provided in Section 10 herein. Section 6: CITY Ordinance Compliance with COUNTY Code. This Agreement is entered into with the understanding that and contingent upon the CITY adopting and maintaining in full force and effect a CITY Ordinance substantially identical with the COUNTY Code, Title 12, Chapter 12.80. ' This Agreement may be terminated by COUNTY after sixty (60) days written notice if CITY does not amend the CITY Ordinance in accordance with subsequent amendments to COUNTY Code, Title 12, Chapter 12.80. The DEPARTMENT, acting on behalf of COUNTY, may use discretion and need not request CITY to adopt amendments which do not apply to CITY. Section 7. Collection of Fees. Upon request of CITY, COUNTY agrees to collect fees listed in the CITY Ordinance and to remit to the CITY, within 60 days following each calendar quarter, all of the fees actually collected during such quarter. Said fees shall be deemed to be imposed by CITY and are not fees imposed by the COUNTY. COUNTY's collection activities shall be limited to generating and sending out invoices and the receipt of fees identified in said invoices. COUNTY's collection of CITY fees shall not include actions to satisfy unpaid or delinquent debts. CITY shall indemnify, defend, and hold harmless the COUNTY and its Special Districts, elected and appointed officers, employees, and agents from and against any liability including but not limited to any claims, demands, actions, loss, cost, expense, fees (including attorney's and expert fees) arising from or connected with the collection of fees. This indemnification is in addition to the Assumption of Liability set forth in Section 10 herein. Section 8 Payment by CITY to COUNTY for Services. CITY agrees to pay COUNTY monthly for the Services. COUNTY shall present a monthly invoice in arrears to CITY for the Services. Payment shall be made by the CITY within 30 calendar days after receipt.of an invoice, for Expenditures relating to those Services rendered under this Agreement during the billing period. If such payment is not delivered to the COUNTY office described on said invoice within 30 calendar days after the date of the invoice, the COUNTY may satisfy such indebtedness, including interest thereon, from any fund the CITY has on deposit with the COUNTY without giving further notice to CITY of COUNTY'S intention to do so. "Expenditure" for Services for the purpose of this Agreement shall be the entire cost. to said COUNTY of performing the Services, including direct costs and indirect costs. Costs shall include but not be limited to salaries of employees engaged therein, vacation, sick leave, retirement, traveling expenses and overhead. Section 9. Term and Termination. This Agreement shall become effective on the date first mentioned above and shall expire December 12, 2006. Except as specifically set forth in Section 6, this Agreement may be terminated by either party for the material breach of the other party following written notice and a reasonable opportunity to cure. Notwithstanding the provisions of this paragraph, either party may terminate this Agreement at any time by giving ninety (90) days notice to the other party. Section 10. Assumption of Liability. The Assumption of Liability Agreement of the General Services Agreement executed by the CITY and approved by the Board of Supervisors currently in effect is hereby made part of and is incorporated into this Agreement as if set out in full herein unless said Assumption of Liability is expressly superseded by a subsequent agreement, in which case the subsequent Assumption of Liability provisions shall apply to this Agreement. Section 11. PERMIT Compliance and Obligations. Nothing in this Agreement shall transfer to the COUNTY any responsibility or legal obligation of the CITY required by the PERMIT or any other responsibility or legal obligation incident thereto that is imposed upon CITY by Federal, State and local laws, permits and regulations. Section 12 Governing Law, This Agreement is to be governed by, interpreted under and construed and enforced in accordance with the laws of the State of California. Section 13 Amendment. No modification or amendment of this Agreement shall be binding upon any party unless said modification or amendment is made in writing and duly authorized and executed by all parties. This Agreement shall not be modified or amended by oral agreement or by any acts or conduct of the parties. Ell Section 14 Entire Agreement. This Agreement, with all attachments and exhibits constitutes the entire Agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, except as set forth in Section 10. Section 15. Severability. If any provision of this Agreement shall be determined by any court to be invalid, illegal or unenforceable to any extent, the remainder of the this Agreement shall not be, affected and this Agreement shall be construed as if the invalid,. illegal or unenforceable provision had never been contained in this Agreement. Section 16 Counterparts This Agreement may be executed simultaneously or in any number of counterparts, each of which together shall constitute one and the same document. // IN WITNESS WHEREOF, the CITY by Resolution duly adopted by its City Council, caused this Agreement to be signed by its Mayor and attested by its Clerk; and the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and the seal of said Board to be aff ixed thereto and attested by the Clerk of said Board, all on the day and year first written above. COUNTY OF LOS ANGELES a ATTEST VIOLET VARONA- LUKENS Executive Officer.of the - Board of Supervisors of the County of Los Angeles Chairman, Board of Supervisors DEPUTY APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel By ATTEST: CITY OF . BY By DEPUTY CITY CLERK MAYOR 0 STATE OF CALIFORNIA ) ) s.s. COUNTY OF LOS ANGELES) On January 6, 1987, the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies, and authorities for which said Board so acts adopted a resolution pursuant to Section 25103 of the Government Code which authorized the use of.facsimile signatures of the Chair /chairman of the Board on all papers, documents, or instruments requiring his /her signature. The undersigned hereby certifies that on this day of 200 , the facsimile signature of , Chair /Chairman of the Board of Supervisors of the County of Los Angeles was affixed hereto as the official execution of this document. The undersigned further certified that on this date, a copy of the document was delivered to the Chair /Chairman of the Board of Supervisors of the County of Los Angeles. In witness whereof, I have also hereunto set my hand and affixed my official seal the day and year above written. VIOLET VARONA- LUKENS, Executive Officer of the Board of Supervisors of the County of Los Angeles DEPUTY APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel M GW$IMWAgr amen DEPUTY 7 ATTACHMENT C t, LOS ANGELES COUNTY CODE, TITLE 12, CHAPTER 12.80 N I L Chapter 12.80 STORMWATER AND RUNOFF POLLUTION CONTROL Parts: 1. Definitions 2. General Provisions 3. Discharge to Storm Drain System 4. Runoff Management Requirements S. Violations and Enforcement Part 1. DEFINITIONS Sections: 12.80.010 Definitions applicable to Chapter 12.80. 12- 80.020 Act. 12.80.030 Adverse impact. 12.80.040 Basin plan. 12.80.050 Beneficial uses. 12.80.060 Best management practice (BMP). 12.80.070 Board. 12.80.080 . Code of Federal Regulations (CFR). 12.80.090 Commercial activity. 12.80.100 Construction activity. 12.80.110 County. 12.80.120 Department. 12.80.130 Director. 12.80.140 Discharge. 12.80 -150 Good housekeeping practice. 12- 80.160 Hazardous material. 12- 80.170 Hazardous waste. 12.80.180 Illicit connection. 12.80.190 Illicit discharge. 12.80.200 Industrial activity. 12.80.210 Industrial /commercial facility. 12.80.220 National Pollutant Discharge Elimination System (NPDES) permit. 12.80.230 Nonstormwater discharge. 12.80.240 Pollutant. 12.80.250 Receiving waters. 12.80.260 Regional board. 12.80.270 Runoff. 12.80.280 Standard Industrial Classification (SIC). 12.80.290. State board. 12.80.300 Storm drain system. 12.80.310 Stormwater. 12-11 Supp. k 38. 11 -98 12.80.010 12.80.320- Stormwater pollution prevention plan (SWPPP). 12.80.330 Stormwater runoff. 12.80.340 Structural BMP. 12.80.350 Uncontrolled discharge. 12.80.360 U.S. EPA. 12.80.010 Definitions applicable to Chapter 12.80. The following words, phrases and terms as used in this chapter shall have the meanings ascribed to them in this Part 1. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.020 Act. "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.030 Adverse impact- "Adverse impact" means a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant or pollutants. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.040 Basin plan. "Basin plan means a water quality control plan for a specific watershed area or areas adopted by a regional board. (Ord. 98 -0021 § I (part) 1998.) 12.80.050 Beneficial uses. "Beneficial uses" means existing or potential uses of receiving waters as defined in a basin plan. (Ord. 98 -0021 § I (part), 1998.) 12.80.060 Best management practice (BMP). "Best management practice (BMP)" means stormwater and runoff pollution control practices designed to reduce the pollutants contained in discharges to the storm drain system and /or receiving waters. (Ord. 98 -0021 § 1 (part), 1998.) . 12.80.070 Board. "Board" means the board of supervisors of the county of Los Angeles. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.080 Code of Federal Regulations (CFR). "Code of Federal Regulations (CFR)" means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal govern- ment of the United States. (Ord. 98 -0021 § 1 (part), 1998.) ' 12.80.090 Commercial activity. "Commercial activity" means any public or private activity not defined as an industrial activity in 40.CFR 122.26(b)(14), involved in the storage, transportation, distribution, exchange or sale of goods and /or commodities or providing professional and /or nonprofessional services. Commercial activity does not mean a dwelling as defined in Title 26 of this code. (Ord. 98 -0021 § l (part), 1998.) 12.80.100 Construction activity. "Construction activity" means any clearing, grading, or excavation of any real property that results in soil disturbance. Con- struction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of a facility, nor does it include emergency construction activities required to immediately protect public health and safety. (Ord. 98 -0021 § I (part), 1998.) 12-43 Supp. p 37, 9 -98 12.80.110 12.80.110 County. "County" means the county of Los Angeles. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.120 Department. "Department" means the department of public works of the county of Los Angeles. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.130 Director. "Director" means the director of public works of the county of Los Angeles, or his/her authorized deputy, agent,, representative or inspector. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.140 Discharge. "Discharge" means any release, spill, leak, pumping, flow, escape, dumping, or disposal of any gas, liquid, semi - solid, or solid substance. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.150 Good housekeeping practice. "Good housekeeping practice" means a best management practice related to the transfer, storage, use, or cleanup of, materials performed in a regular manner that minimizes the discharge of pollutants to the storm drain system and /or receiving waters. (Ord. 98 -0021 § 1 (part), 1998.) _ 12.80.160 Hazardous material. "Hazardous material" means any ,material defined as hazardous by Chapter 6.95 of the California Health and Safety Code or any substance designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance which is a solid waste, as defined in 40 CFR 261.2, which is not excluded from regulation as a hazardous waste under 40 CFR 261.4(b), or is a hazardous substance under Section 101(14) of the Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24. (Ord. 98 -0021 § I (part), 1998.) 12.80.170 Hazardous waste. "Hazardous waste" means a hazardous material which is to be discharged, discarded, recycled, and /or reprocessed. (Ord. 98 -0021 § I (part), 1998.) , 12.80.180 Illicit connection. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof drains which convey only stormwater. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.190 Illicit discharge. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state, or federal statutes, ordinanc- es, codes, or regulations. Illicit discharge includes all nonstormwater discharges except discharges pursuant to a'NPDES permit or discharges that are exempted or conditionally exempted by such permit. (Ord. 98 -0021 § I (part), 1998.) 12.80.200 Industrial activity. "Industrial activity" means any public or private activity which is in any of the 11 categories of activities defined in 40 CFR 122.26(b)(14) and which is required to obtain a NPDES permit. (Ord. 98 -0021 § I (part), 1998.) 12.80.210 Industriallcommercial facility. "Industrial /commercial facility" means any public or private facility involved and /or used in either the production, manufacture, storage, transportation, distribution, exchange, or sale of goods and /or Sup. x 37. 8 -98 . 12-44 12.80.210 commodities, and any facility involved and /or used in providing professional and nonprofessional services. This category of facility includes, but is not limited to, any facility defined by a Standard Industrial Classification (SIC). (Ord. 98 -0021 § I (part), 1998.) 12.80.220 National Pollutant Discharge Elimination System (NPDES) permit. "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued by the United States Environmental Protection 'Agency, the State Water Resources Control Board or a California Regional.Water Quality Control Board pursuant to the Act, that authorizes discharges to waters of the United States. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.230 .Nonstormwater discharge. °Nonstormwater discharge" means any discharge to the storm drain system and /or receiving waters that is not composed . entirely of stormwater. (Ord. 98 -0021 § I (pan), 1998.) 12.80.240 Pollutant. "Pollutant" shall have the same meaning as set forth in Section 502(6) of the Actor as incorporated into the California Water Code Section 13373. Pollutants include, but are not limited to the following: A. Commercial and industrial waste (such as fuels, solvents, chemicals, detergents, plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers, pesticides, soot, slag, ash, and sludge); B. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium and arsenic) and nonmetals (such as carbon, chlorine, fluorine, phosphorous and . sulfur); C. Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease); D. Eroded soils, 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 discharges from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); F. Substances having acidic or corrosive characteristics such as a pH of less than six or greater than nine; and G. Substances having unusual. coloration or turbidity, levels of fecal colifdrm, fecal streptococcus, or enterococcus, which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state. (Ord. 98 -0021 § 1 (part),. 1998.) 12.80.250 Receiving waters. "Receiving waters" means all surface water bodies within the county that are identified by 'a regional board in a basin plan. (Ord: 98 -0021 § 1 (part), 1998.) 12.80.260 Regional board. "Regional board" means a California Regional Water Quality Control Board. (Ord. 98- 0021§ 1 (part), 1998.) 12.80.270 Runoff. "Runoff' means any stormwater or nonstormwater discharge from any surface and /or drainage area that reaches the storm drain system and /or receiving waters. (Ord. 98 -0021 § I (part), 1998.) 12-45 Supp. » 37, 8 -98 12.80.210 commodities, and any facility involved and /or used in providing professional and nonprofessional services. This category of facility includes, but is not limited to, any facility defined by a Standard Industrial Classification (SIC). (Ord. 98 -0021 § I (part), 1998.) 12.80.220 National Pollutant Discharge Elimination System (NPDES) permit. "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a. California Regional Water Quality Control Board pursuant to the Act, that authorizes discharges to waters of the United States. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.230 Nonstormwater discharge. " Nonstormwater discharge" means any discharge to the storm drain system and /or receiving waters that is not composed entirely of stormwater. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.240 Pollutant "Pollutant" shall have the same meaning.as set forth in Section 502(6) of the Act or as incorporated into the California Water Code Section 13373. Pollutants include, but are not limited to the following: A. Commercial and industrial waste (such as fuels, solvents, chemicals, detergents, plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers, pesticides, soot, slag, ash, and sludge); . B. Metals (such as cadmium, lead; zinc, copper, silver, nickel, chromium and arsenic) and nonmetals (such as carbon, chlorine, fluorine, phosphorous and sulfur); C. Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease);. D. Eroded soils, 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 discharges from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); F. Substances having acidic or corrosive characteristics such as a pH of less than six or greater than nine; and G. Substances having unusual coloration or turbidity, levels of fecal coliform, fecal streptococcus, or enterococcus, which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.250 Receiving waters. "Receiving waters" means all surface water bodies within the county that are identified by a regional board in a basin plan. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.260 Regional board. "Regional board" means a California Regional Water Quality Control Board. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.270 Runoff. "Runoff' means any stormwater or nonstormwater discharge from any surface and /or drainage area that reaches the storm drain system and /or receiving waters. (Ord. 98 -0021 § 1 (part), 1998.) 1245 Supp. # 37. 8-98 12.80.210 commodities, and any facility involved and /or used in providing professional and nonprofessional services. This category of facility includes, but is not limited to, any facility defined by a Standard Industrial Classification (SIC). (Ord. 98 -0021 § I (part), 1998.) 12.80.220 National Pollutant Discharge Elimination System (NPDES) permit. "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board or a California Regional Water Quality Control Board pursuant to the Act, that authorizes discharges to waters of the United States. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.230 Nonstormwater discharge. "Nonstormwater discharge" means any discharge to the storm drain system and /or receiving waters that is not composed entirely of stormwater. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.240 Pollutant. "Pollutant" shall have the same meaning as set forth in Section 502(6) of the Act or as incorporated into the California Water Code Section 13373. Pollutants include, but are not limited to the following: A. Commercial and industrial waste (such as fuels, solvents, chemicals, detergents, plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers, pesticides, soot, slag, ash, and sludge); . B. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium and arsenic) and nonmetals (such as carbon, chlorine, fluorine, phosphorous and sulfur); C. Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease); D. Eroded soils, 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 discharges from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); F. Substances having acidic or corrosive characteristics such as a pH of less than six or greater than nine; and G. Substances having unusual coloration or turbidity, levels of fecal coliform, fecal streptococcus, or enterococcus, which may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state. (Ord. 98 -0021 § I (part), 1998.) 12.80.250 Receiving waters. "Receiving waters" means all surface water bodies within the county that are identified by a regional board in a basin plan. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.260 Regional board, "Regional board" means a California Regional Water Quality Control Board. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.270 Runoff. "Runoff' means any stormwater or nonstormwater discharge from any surface and /or drainage area that reaches the storm drain system and/or receiving waters. (Ord. 98 -0021 § 1 (part), 1998.) 12-45 Supp. k 37, 8 -98 12.80.280 12.80.280 Standard Industrial Classification (SIC). "Standard Industrial Classification (SIC)" means a classification pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, and as the same may be periodically revised. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.290 State board. "State board" means the State Water Resources Control Board. (Ord. 98 -0021 § I (part), 1998.) 12.80.300 Storm drain system. "Storm drain system" means any street, gutter, conduit, natural or artificial drain, channel and watercourse, and /or other facility or any combination thereof, that is owned and /or operated by the county or the Los Angeles County Flood Control District and used for the purpose of collecting, storing,, transporting, and /or disposing of runoff. (Ord. 98 -0021 § I (part), 1998.) 12.80.310 Stormwater. "Stormwater" means any water which originates from atmospheric moisture (rainfall or snowmelt) and falls onto land, water, and /or other surfaces. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.320 Stormwater pollution prevention plan (SWPPP). "Stormwater pollution prevention plan (SWPPP)" means a plan required by and for which the contents are specified in a NPDES permit. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.330 Stormwater runoff. "Stormwater runoff' means stormwater which travels across any surface to the storm drain system and /or receiving waters. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.340 Structural BMP. "Structural BMP" means any permanent facility constructed to control, treat, store, divert, neutralize, dispose of, and /or monitor runoff in order to reduce or measure pollutants. (Ord. 98 -0021 § I (part), 1998.) 12.80.350 Uncontrolled discharge. "Uncontrolled discharge" means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.360 U.S. EPA. "U.S. EPA" means the United States Environmental Protection Agency. (Ord. 98 -0021 § 1 (part), 1998.) Supp. M 37, 8.98 12 -46 12.80.370 Part 2 GENERAL PROVISIONS Sections: 12.80.370 Short title. 12.80.380 Purpose and intent. 12.80.390 Applicability of this chapter. 12.80.400 Standards, guidelines and criteria. 12.80.370 Short title. The ordinance codified in this chapter shall be known as the "stormwater and runoff pollution control ordinance of the county of Los Angeles" and may be referred to as such. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.380 Purpose and intent. The purpose of this chapter is to protect the health and safety of the residents of the county by protecting the beneficial uses, marine habitats, and ecosystems of receiving waters within the county from pollutants carried by stormwater and nonstormwater discharges. The intent of this chapter is to enhance and protect the water quality of the receiving waters of the county and the United States, consistent with the Act. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.390 Applicability of this chapter. The provisions of this chapter shall apply to the discharge, deposit or disposal of any stormwater and /or runoff to the storm drain system and /or receiving waters within any unincorporated area covered by a NPDES municipal stormwater permit. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.400. Standards, guidelines and criteria. -The director may establish uniform minimum standards, guidelines, and /or criteria for specific discharges, connections, and /or BMPs. The provisions of this section shall not prohibit the director from requiring a discharger orpermittee from taking additional measures to achieve the objectives of this chapter or any permit. (Ord. 98 -0021 § I (part), 1998.) Part 3 DISCHARGE TO THE STORM DRAIN SYSTEM Sections: 12.80.410 Illicit discharges prohibited. 12.80.420 Installation or use of illicit connections prohibited. 12.80.430 Removal of illicit connection from the storm drain system. 12.80.440 Littering and other discharge of polluting or damaging substances prohibited. 12.80.450 Stormwater and runoff pollution mitigation for construction activity. 12.80.460 Prohibited discharges from industrial or commercial activity. 12-47 Supp. a 37, 8.98 12.80.470 Industrial /commercial facility sources required to obtain a NPDES permit. 12.80.480 Public facility sources required to obtain a NPDES permit. 12.80.490 Notification of uncontrolled discharges required. 12.80.410 Illicit discharges prohibited. No person shall cause any discharge to enter the storm drain system unless such discharge: A. Consists entirely of stormwater; B. Consists of nonstormwater that is authorized.by a NPDES permit issued by the U.S. EPA, the state board, or a regional board; C. Is associated with emergency fire fighting activities; or D. Is otherwise in compliance with the requirements of this chapter. (Ord. 98 -0021 §- 1 (part), 1998.) 12.80.420 Installation or use of illicit connections prohibited. No person shall install, maintain or use any connection to the storm drain system or shall cause nonstormwater to be discharged or conveyed through a connection to the storm drain system unless the connection has been permitted by the director pursuant to Section 20.94.030 of this code. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.430 Removal of illicit connection from the storm drain system. If any person fails to remove an illicit connection upon notification by the director, or upon revocation of a connection permit, the director may remove such connection from the storm drain system pursuant to Section 12.80.600 of this chapter. The director may pursue the recovery of costs for such removal pursuant to Section 12.80.600 of this chapter. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.440 Littering and other discharge of polluting or damaging substances prohibited. A. No person shall cause any refuse, rubbish, food waste, garbage, or any other discarded or abandoned objects to be littered, thrown, deposited, placed, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business, or upon any public or private property except when such materials are placed in containers, bags, recycling bins, or other lawfully established waste disposal facilities protected from stormwater or runoff. B. No person shall cause the disposal of hazardous materials or wastes into trash containers used for municipal trash disposal. C. No person shall cause to be discharged to the storm drain system any pesticide, fungicide, or herbicide prohibited by the U.S. EPA or the California Department of Pesticide Regulation. D. No person shall cause the accumulation of pollutants, leaves, dirt, or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain, or -any fabricated or natural conveyance. E. No person shall cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recre- ational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source of waste holding tank, container or device. (Ord. 98 -0021 § 1 (part), 1998.) Supp. A 37, 8 -98 12 -48 12.80.450 12.80.450 Stormwater and runoff pollution mitigation for construction activity. No person shall commence any construction activity for which a permit is required by Title 26 of this code without implementing all stormwater and runoff pollution mitigation measures required by such permit. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.460 Prohibited discharges from industrial or commercial activity. The following discharges from industrial or commercial activities are prohibited unless the discharge is in compliance with a NPDES permit: A. Discharge of wash waters to the storm drain system from the cleaning of gas stations, auto repair garages, or other types of auto repair facilities; B. Discharge of wastewater to the storm drain system from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; C. Discharge to the storm drain system from areas where repair of machin- ery and equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is undertaken; D. Discharge to the storm drain system from storage areas for materials containing grease, oil, or hazardous materials, or uncovered receptacles containing hazardous materials, grease, or oil; E. Discharge of commercial /public swimming pool filter backwash to the storm drain system; F. Discharge from the washing of toxic materials from paved or unpaved areas to the storm drain system; G. Discharge- from the washing out of concrete trucks to the storm drain system; or H. Discharge from the washing or rinsing of restaurant mats, equipment or garbage bins or cans in such a manner that causes nonstormwater to enter the storm drain system. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.470 Industriallcommercial facility sources required to obtain a NPDES permit. Any industrial or commercial facility required to have a NPDES permit shall retain on -site and, upon request, make immediately available to the director the following documents as evidence of compliance with permit require- ments, as applicable: A. A copy of a NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial activity as submitted to the state board or report of waste discharge as submitted to a regional board of jurisdiction; B. A waste discharge identification number issued by the state board or copy of the NPDES permit issued by a regional board; C.' . A SWPPP and a monitoring program plan or group monitoring plan; D. Stormwater quality data; and E. Evidence of facility self- inspection. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.480 Public facility sources required to obtain a NPDES permit. Any public facility required to have a NPDES permit shall retain on -site and, upon request, make immediately available to the director the following documents as evidence of compliance with permit requirements, as applicable: 12-49 Supp. x;7. 8.98 12.80.480 A. A copy of a NPDES permit or notice of intent to comply with a general permit to discharge stormwater associated with industrial activity as submitted to the state board or report of waste discharge as submitted to a regional board of jurisdiction; B. A waste discharge identification number issued by the state board or copy of the NPDES permit issued by a regional board; C. A SWPPP and a monitoring program plan or group monitoring plan; D. , Stormwater quality data; and E. Evidence of facility self- inspection. (Ord.'98 -0021 § 1 (part), 1998.) 12.80.490 Notification of uncontrolled discharges required. A. Upon the discovery-of an uncontrolled discharge to the storm drain system, the discharger or permittee shall immediately notify the director of the incident by telephone in addition to any other notifications to public agencies. as may be required by law. The notification shall include location of the discharge, type of materials discharged, estimated concentration and volume of the discharge, and corrective actions taken to contain or minimized the effects of the discharge. B. Within 10 calendar days after the first discovery of the uncontrolled discharge, the discharger or permittee shall submit to the director a detailed written report describing, the cause of the discharge, corrective action taken and measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge. Such notification shall not relieve the discharger or permittee from liability or fines incurred as a result of the uncontrolled discharge. (Ord. 98 -0021 § 1 (part), 1998.) Part 4 RUNOFF MANAGEMENT REQUIREMENTS Sections: 12.80.500 Good housekeeping provisions. 12.80.510 Best management practices for construction activity. 12.80.520 Best management practices for industrial and commercial facilities. 12.80.530 Installation of structural BMPs. 12.80.540 BMPs to be consistent with environmental goals. 12.80.500 Good housekeeping provisions. An owner or occupant of any property shall comply with the following good housekeeping requirements: A. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical, fuel, animal waste, garbage, batteries, and /or septic waste in an area where actual or potential discharge to the county streets or the storm drain system may occur. Any spills, discharge, or residues shall be removed as soon as possible and disposed of properly. 1. B. Runoff from - landscape irrigation, air conditioning condensate, water line flushing, foundation /footing drains, individual residential car washing, dechlorinated swimming pool discharges and sidewalk washing shall be conducted in a manner not in violation of other provisions of this code. supp. a 37. 8 -98 12 -50 12.80.500 C. Runoff from washing paved areas, including but not limited to parking lots, on industrial or commercial is prohibited unless specifically required by federal, state, or local- health or safety codes and not in violation of any other provision of this code. Runoff from authorized washing of paved areas shall be minimized to the extent practicable. D. Objects, such as motor vehicle parts, containing grease, oil, or other hazardous materials, and unsealed receptacles containing hazardous materials, shall not be stored in areas exposed to stormwater or otherwise susceptible to runoff. E. Any machinery or equipment which is to be repaired or maintained in areas exposed to stormwater or otherwise susceptible to runoff shall be provided with containment areas to control leaks, spills, or discharges: F. All motor vehicle parking lots with more than 25 parking spaces and located in areas exposed to stormwater or otherwise susceptible to runoff shall have debris removed by regular sweeping or other equally effective measures. Such .debris shall be collected and properly disposed of. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.510 Best management practices for construction activity. All BMPs required as a condition of any permit for construction activity granted pursuant to Title 26 of this code shall be maintained in full force and effect during the term of the project, unless otherwise authorized by the director. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.520 Best management practices for industrial and commercial facilities. All industrial and commercial facilities shall implement BMPs to the maximum extent practicable. Minimum BMPs applicable to all industrial and commercial facilities include, but are not limited to: . A. Termination of all nonstormwater discharge to the storm drain system that is not specifically authorized by a NPDES permit; B. Exercising general good housekeeping practices; C. Incorporating regular scheduled preventive maintenance into operations; D. Maintaining spill prevention and control procedures; E. Implementing soil erosion control; F. Posting on -site private storm drains to indicate that they are not to receive liquid or solid wastes; G. Implementing regular cleaning of the on -site private storm drain system; and H. Insuring that stormwater runoff is directed away,from operating, process - ing, fueling, cleaning and storage areas. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.530 Installation of structural BMPs. No person shall install a structural BMP for the purpose of treating, neutralizing, disposing of, monitoring or diverting to the sanitary sewer system any runoff without the approval of the director. Such facilities may be subject to plan review, application and issuance of operating permits pursuant to Chapter 20.36 of this code. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.540 BMPs to be consistent with environmental goals. No person shall install or implement a BMP that transfers pollutants to air, groundwater, surface soils and/or other media in a manner inconsistent with applicable environmental laws and regulations. (Ord. 98 -0021 § I (part), 1998.) 12 -51 Supp. 0 37, 8.98 12.80.550 Part 5 VIOLATIONS AND ENFORCEMENT Sections: 12.80.550 Enforcement— Director's powers and duties. 12.80.560 Identification for inspectors and maintenance personnel. 12.80.570 Obstructing access to facilities prohibited. 12.80.580 Inspection to ascertain compliance— Access required. . 12.80.590 •Interference with inspector prohibited. , 12.80.600 Notice to correct violations — Director may take action. 12.80.610 Violation a public nuisance. 12.80.620 Nuisance abatement — Director to perform work when — Costs. 12:80.630 Violation — Penalty. 12.80.640 Penalties not exclusive. 12.80.650 Conflicts with other code sections. 12.80.660 Severability. 12.80.550 Enforcement — Director's powers and duties. The director shall have primary responsibility for the enforcement of the regulations in this chapter. The director may enter into agreements with other departments for the purpose of implementing this chapter. (Ord. 98 -0021 § 1. (part), 1998.) 12.80.560 Identification for inspectors and maintenance personnel. The director shall provide means of identification to inspectors and storm drain system maintenance personnel which shall identify them as such. Inspectors and storm drain system maintenance personnel shall identify themselves upon request in the performance of their duties under this chapter. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.570 Obstructing access to facilities prohibited. No object, whether a permanent structure, a temporary structure, or any object which is difficult to remove, shall be'located on any storm drain easement or placed in such a position as to interfere with the ready and easy access to any facility conveying stormwater or runoff as described in this chapter unless authority is granted by the director. Upon notification by the director, any such obstruction shall be immediately removed by the responsible party at no expense to the county, and shall not be replaced. (Ord. 98 -0021 § l (part), 1998.) 12.80.580 Inspection to ascertain compliance — Access required. A. The director may inspect in a manner authorized by state law, as often as he /she deems necessary, any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES permit, SWPPP, stormwater management plan, construction activity or other facility to ascertain whether such facilities, plans, or protective measures are in place, maintained and operated in accordance with the provisions of this chapter. B. In the course of such inspection, the director may: 1. Inspect, sample, make flow measurements of any runoff, discharge or threatened discharge; Supp. N 37, 8.98 12 -52 12.80.580 2. Place on the premises devices for runoff or discharge sampling, monitoring, flow measuring or metering; 3. Inspect,. copy, or examine any records, reports, plans, test results or other information required to carry out the provisions of this chapter, to the extent allowed by law; and 4. Photograph any materials, storage areas, waste, waste containers, BMP, vehicle, connection,'discharge,runoff and /or violation discovered during an inspection. (Ord. 98 -0021 § I (part), 1998.) 12.80.590 Interference with inspector prohibited. No person shall, during reasonable hours, refuse, restrict, resist or attempt to resist the entrance of the director into any building, factory, plant, yard, construction project or other place or portions thereof in the performance of his/her duty within the powers conferred upon him/her by law. (Ord. 98 -0021 § 1 (part)', 1998.) 12.80.600 Notice to correct violations — Director may take action. The director may issue a notice of violation and order to comply to achieve compliance with the provisions of this chapter. Failure to comply with the terms and conditions of a notice of violation and order to comply shall constitute a violation of this chapter. If a person fails to comply with an order issued under this section to remove an illicit connection, obstruction or other encroachment to the storm drain system, the director may perform the work as provided in Section 12.80.620 of this chapter. The person responsible for installing or operating such a facility shall be liable to the county for the cost of such work, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.610 Violation a public nuisance. Any discharge in violation of this chapter, any illicit connection, and/or any violation of runoff management require- ments shall constitute a threat to public health and safety and is declared and deemed a public nuisance. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.620 Nuisance abatement — Director to perform work when — Costs. Whenever a nuisance shall be found to exist on any premises, the director may summarily abate such nuisance upon determination that the nuisance constitutes an immediate threat to public health or safety, or the director may notify in writing the person(s) having control of or acting as agent for such premises to abate or remove such nuisance within such time as is stated on the notice. Upon the failure or refusal of such person(s) to comply with the notice, the director may .abate such nuisance in the manner provided by law. The person(s) having control of such premises, in addition to the penalties provided by this chapter, shall be liable to the county for' any costs incurred by the county for such abatement, including reasonable attorneys fees and other costs of enforcement, to be recovered in a civil action in any court of competent jurisdiction. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.630 Violation — Penalty. Any person, firm, corporation, municipality or district or any officer or agent of any firm, corporation, municipality or district violating any provision of this chapter shall be guilty of a misdemeanor. Such 12 -53 supp. n 37, 8.98 12.80.630 violation shall be punishable by a fine of not more than 51,000.00 or by imprison - ment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Each day during any portion of which such violation is commit- ted, continued or permitted shall constitute a separate offense and shall be punish- able as such. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.640 Penalties not exclusive. Penalties under this chapter are in addition to, and do not supersede or limit, any and all other penalties or remedies provided by law. (Ord. 98 -0021 § 1 (part), 1998.) 12.80.650 Conflicts with other code sections. The provisions of this chapter shall control over any inconsistent or conflicting provisions of this code. (Ord. 98- 0021 § 1 (part), 1998.) 12.80.660 Severability. If any portion of this chapter or the application . ' thereof to any person or circumstances is held invalid, the remainder of this chapter, and the application of such provisions to other persons or circumstances, shall not be affected thereby. (Ord. 98 -0021 § 1 (part), 1998.) Supp. a 37. 8 -98 12 -54 FOOTNOTES FOR TITLE 12 FOOTNOTES FOR TITLE 12 5. For statutory provisions on agricultural chemicals, see Food and Agric. Code §12501 et seq. 9. For statutory provisions on county wildflower reserves, see Gov. Code § 25600 et seq.; for provisions on unlawful removal of vegetation, see Penal Code § 384a; for provisions on desert native plants, see Food and Agric. Code § 66000 et seq. 12 -55 , supp. p 37. 3 -98 ATTACHMENT D PROPOSED REVISIONS TO CHAPTER 12.80 ORDINANCE NO. An ordinance amending Chapter 12.80 of Title 12 — Environmental Protection, of the Los Angeles County Code, relating to the control of pollutants carried by stormwater runoff from industrial and commercial facilities, including fees. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1. Section 12.80.032 is hereby added to read as follows: 12.80.032 Automotive dealership. "Automotive dealership" means a facility that is included in any one of the following SIC categories: 5511, 5521, or 5551 -5599. An automotive dealership includes any automotive service facility located on the same or contiguous property and which is under the same ownership and management. SECTION 2. Section 12.80.034 is hereby added to read as follows: 12.80.034 Automotive service facility. "Automotive service facility" means a facility that is included in any one of the following 81C categories: 5013, 5014, 5511, 5541, 7532 -7534, or 7536- 7539., SECTION 3. Section 12.80.148 is hereby added to read as follows: 12.80.148 General industrial activities stormwater permit (GIASP) "General industrial activities stormwater permit" (GIASP) means a general "National Pollutant Discharge Elimination System (NPDES) permit' which authorizes the discharge of stormwater from property used for certain industrial activities under certain conditions to waters of the United States. HOA.216158 -2 N , SECTION 4. Section 12.80.238 is hereby added to read as follows: 12.80.238 Person. "Person" means a natural person and his /her heirs, executors, administrators, successors, assigns, or agents, and also includes a firm, partnership, corporation, or other business entity and its successors, assigns, and agents. SECTION 5. Section 12.80.262 is hereby added to read as follows: 12.80.262 Restaurant. 'Restaurant' means a facility that is included in SIC category 5812 SECTION 6. Section 12.80.264 is hereby added to read as follows: 12.80.264 Retail gasoline outlet. 'Retail gasoline outlet' means any facility engaged in selling gasoline and lubricating oils. A retail gasoline outlet includes any automotive service facility located on the same or contiguous property and which is under the same ownership and management. SECTION 7. Section 12.80.282 is hereby added to read as follows: 12.80.282 Standard urban stormwater mitigation plan (SUSMP). "Standard urban stormwater mitigation plan" (SUSMP) means a development planning program adopted by the county to implement the development planning requirements of a NPDES permit regulating municipal stormwater and urban runoff discharges within the county. HOA.216158 -2 - 2 SECTION 8. Section 12.80.440 is hereby amended to read as follows: 12.80.440 Littering and other discharge of polluting or damaging. substances prohibited. C. No person shall cause to be discharged to the storm drain system any pesticide, fungicide, or herbicide in concentrations that exceed anv water quality obiective established by a regional board for such substance or under any circumstance cause the discharge of any substance to the storm drain system that is prohibited by the U.S. EPA or the California Department of Pesticide Regulation E. No person shall cause the disposal of sanitary or septic waste or sewage into the storm drain system from any property or residence or any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source ofr waste holding tank, container or device. SECTION 9. Section 12.80.635 is hereby added to read as follows: 12.80.635 Administrative Penalties. In addition to the criminal penalties provided for in Section 12.80.630, any person that violates any provision of this chapter may also be subject to an administrative penalty, imposed in accordance with the following administrative procedures: HOA.216158 -2 3 A. Notice of Administrative Penalty. 1. The director shall have the authority to issue a notice of administrative penalty for a violation of any provision of this chapter. The notice shall describe the violation, specify the applicable administrative penalty(ies), and describe the availability of an administrative appeal. The notice of administrative penalty may be combined with a notice to correct violations, described in Section 12.80.600. 2. The notice shall be served by personal delivery or by registered or certified mail, return receipt requested, at the director's election. In the event, after reasonable effort, the director is unable to serve the notice, service shall be accomplished by posting a copy of the notice at the facility. The date of service is deemed to be the date of mailing, personal delivery, or posting, as applicable. 3. Unless a notice of appeal has been filed in accordance with subsection C, below, the notice of administrative penalty shall constitute the final administrative order of the county to pay the administrative penalties specified therein. B. Administrative Penalties. 1. Delinquent Fees. The administrative penalty for delinquent fees, as described in section 12.80.800, shall be ten percent of the delinquent amount for each month, or any portion thereof, that the fees are delinquent. HOA.216158 -2 4 2. Other Violations. The administrative penalty for any violation of this chapter, other than for delinquent fees, shall be $100 for the first violation, $200 for the second violation, and $500 for each additional violation within any given calendar year. C. Administrative Appeal. Any person upon whom a notice of administrative penalty has been served may appeal the imposition of the administrative penalty(ies) specified therein by filing a written notice of appeal with the director no later than thirty (30) days after the date of service of the notice of administrative penalty. The notice of appeal shall include any statements and evidence that the appellant wishes to have considered in connection with the appeal. 2. The appeal shall be heard by a hearing officer designated by the director. The hearing officer shall conduct a hearing concerning the appeal within forty -five (45 days) from the date that the appeal is filed and shall give an appellant ten (10) days prior written notice of the date of the hearing. The ` notice of hearing shall be served by personnel delivery or by registered or certified mail, return receipt requested, at the hearing officer's election. 3. The hearing officer shall have the authority to confirm the full amount of the administrative penalty(ies) specified in the notice of administrative penalty, to reduce.the amount of said penalty(ies), or to completely vacate said penalty(ies). HOA.216158 -2 5 4. The hearing officer shall notify the appellant of the hearing officer's decision within a reasonable period of time after the hearing in the manner described in subsection A.2., above. The decision of the hearing officer shall constitute the final administrative order of the county pertaining - to the administrative penalty(ies) specified in the pertinent notice of administrative penalty. SECTION 10. Part 6 is hereby added to Chapter 12.80 to read as follows: Part 6 PERMITS AND FEES 12.80.670 Application of Part 6 provisions. The provisions of this Part 6 of Chapter 12.80 shall apply to the industrial /commercial facilities identified herein which discharge stormwater runoff to the storm drain system. 12.80.680 Stormwater runoff from industrial /commercial facilities — permit required. No person shall discharge or deposit or cause to be discharged or deposited at any time or allow the continued discharge of stormwater runoff from industrial /commercial facilities listed in Section 12.80.690 to the storm drain system without first obtaining a permit from the director and maintaining such permit in full force and effect. 12.80.690 Industrial /commercial facilities subject to permit requirements. A. Commercial facilities: 1. Restaurants; 2. Automotive service facilities; 3. Retail gasoline outlets; and HOA.216158 -2 6 4. Automotive dealerships. B. Facilities that are required to obtain a NPDES permit for storm water discharges, pursuant to 40 CFR 122.26(c), i.e., Phase I Facilities (Tier 1 and Tier 2), including: 1. Tier 1 Facilities: a. Wholesale trade (scrap, auto dismantling) (SIC 50); b. Fabricated metal products (SIC 34); G. Motor freight (SIC 42); d. Chemical /allied products (SIC 28); and e. Primary metals products (SIC 33). 2. Tier 2 Facilities: a. Electric /gas /sanitary (SIC 49); b. Air transportation (SIC 45); - C. Rubbers /miscellaneous plastics (SIC 30); d.. Local /suburban transit (SIC 41); e. Railroad transportation (SIC 40); f. Oil and gas extraction (SIC 13); g. Lumber /wood products (SIC 24); h. Machinery manufacturing (SIC 35); L Transportation equipment (SIC 37); j. Stone, clay, glass, concrete (SIC 32); HOA.216156 -2 7 k. Leather /leather products (SIC 31); I. Miscellaneous manufacturing (SIC 39); M. Food and kindred products (SIC 20); n. Mining of nonmetallic minerals (SIC 14); o. Printing and publishing (SIC 27); P. Electric /electronic (SIC 36); q. Paper and allied products (SIC 26); r. Furniture and fixtures (SIC 25); S. Laundries (SIC 72); t. Instruments (SIC 38); u. Textile mills products (SIC 22); and V. Apparel (SIC 23). C.- Other federally- mandated facilities as specified in 40 CFR 122.26(d)(2)(iv)(C) including: 1. 2. 3. Municipal landfills (SIC 4953); Hazardous waste treatment, disposal and recovery facilities; and Facilities subject to the Superfund Amendments and Reauthorization Act of 1986, Title (also known as the Emergency Planning and Community Right-to- Know Act). HOA.2161 58 -2 . $ D. Other industrial /commercial facilities that the director or a regional board has determined are likely to contribute pollutants to stormwater runoff. 12.80.700 Facilities exempt from permit requirements. Section 12.80.680 notwithstanding, the director may grant an exemption from the permit requirements of this Part 6, if the director determines, following an applicant's submission of a permit application, that: A. The facility is listed in Section 12.80.690 A, and the facility occupies a portion of a larger facility, and a permit under this Part 6 has been issued for the discharge of stormwater runoff from the larger facility and such permit is in full force and effect; or B. The facility is included in a SIC category listed in Section 12.80.690, but that the manufacturing, storage, packaging, transportation or other primary activities upon which the SIC classification is determined are not performed at such facility or within any contiguous property; and the facility does not have the potential to contribute any pollutants to the stormwater runoff that is discharged from said facility; or C. The discharge of stormwater from the facility is authorized by, and subject to the requirements of, a GIASP, or the facility has been granted an exemption from GASP requirements by the state board, or the facility has been granted a site - specific NPDES permit incorporating stormwater runoff requirements by a regional board, the state board or the U.S. EPA. HOA.216156 -2 - 9 i 12.80.710 Permit — application forms = information required. A. The director shall provide printed application forms for the permit required by this Part 6, indicating thereon the information to be furnished by the applicant. In conjunction therewith, the applicant shall, at a minimum, furnish the following: 1. Name of the facility; 2. Name of the owner; 3. Name of the operator. (if different from the owner); 4. Facility address; 5. Whether the facility is covered under a GIASP or other site - specific or general NPDES permit; 6. Whether the applicant claims that the facility is exempt, pursuant to Section 12.80.700, and if so, the basis thereof; 7. A narrative description including SIC category(ies) that best reflects the industrial /commercial activities and products produced at the facility; and 8. The name and address of the applicant's representative authorized to receive any notice pertaining to this Part 6. B. In lieu of submittal of the printed forms described in subsection A of this section, the director may authorize electronic submittal of permit applications in a manner consistent with county policy. 9 HOA.216158 -2 10 i 12.80.720 Permits — issuance by the director. When the director has determined that all information required by this. Part 6 has been submitted and that all applicable fees have been paid, the director shall issue a permit to allow the discharge of stormwater runoff from the facility identified in the permit application to the storm drain system. Such permit may contain conditions and limitations appropriate to meet the objectives of this chapter. A copy of the permit shall be maintained at the facility and be made available to the director, his representative, and other. interested parties on request. 12.80.730 Permits — Suspension or revocation. The director may suspend or revoke any permit issued pursuant to this Part 6 if he determines that: (1) the permit was issued in error; or (2) the permit was issued on the basis of incorrect information received from the applicant; or (3) the permittee has violated a condition or limitation contained in the permit. 12.80.740 Change in ownership — new permit required. Whenever there is a change in ownership of a facility for which a permit has previously been issued, the new owner(s) shall file with the director a new permit application, in accordance with the provisions of Section 12.80.710, within thirty (30) days of said change of ownership. A transfer of more than a fifty percent (50 %) beneficial interest in a facility by purchase, gift, trade, assignment, merger, foreclosure, or other means shall be considered a change in ownership for the purpose of this section. 12.80.750 Permit not transferable from one location to another. Permits issued pursuant to this Part 6 are not transferable from one location to another, and the HOA.216156 -2 11 management of stormwater runoff shall be conducted strictly in accordance with all provisions contained in the permit, at the location specifically designated therein. 12.80.760 New facilities. No permit to construct a new or modified commercial /industrial facility pursuant to Title 26 of this code shall be issued until the requirements of this chapter, if applicable, have been met, including payment of all fees. 12.80.770 Permit application fee. The director shall collect an application fee, in the amount set forth in Section 12.80.800, for each new permit application along with the first annual permit maintenance in the amount set forth in Section 12.80.800, at the time of the applicant's submittal of an application for a new permit. The permit application fee and first annual permit maintenance fee shall be non - refundable unless the director determines that the facility qualifies for an exemption under the provisions of Section 12.80.700. 12.80.780 Annual permit maintenance fee. The director shall collect an annual permit maintenance fee in the amount set forth in Section 12.80.800, for each permit issued pursuant to this Part 6. Except for the first annual payment which is due upon submittal of an application for a permit under this Part 6, the annual permit maintenance fee shall be payable annually, thirty (30) days prior to the yearly anniversary date of the issuance of the permit or on such other date established by the director unless the permittee requests, in writing, by such payment date, that the permit be terminated. HOA.216158 -2 12 12.80.790 Miscellaneous service fees. The director shall also collect fees in the amounts set forth in Section 12.80.800 for the following miscellaneous services when applicable A. Inspection of a facility outside normal business hours for the convenience of the applicant or permittee. B. Sampling and analysis of stormwater runoff from a facility performed by or on behalf of the director for the convenience of the applicant or permitee. This fee shall be in addition to the actual laboratory analytical costs 12.80.800 Schedule of fees - payments - penalty for late payment. A. Fees for services provided by the director under this Part 6 are established as follows: Schedule of Fees Fee Amount Stormwater permit application fee $191.00 Full Annual permit maintenance $156.00 fee Reduced annual permit $128.00 maintenance•fee for facilities that may claim credit pursuant to Section 12.80.810 HOA.216158 -2 13 Inspections outside of normal business hours, per hour $176.00 Stormwater sampling fee $227.00 B. All fees required by this Part 6 shall become due and payable on the billing date.established by the appropriate section or the due date indicated on any invoices issued. Fees not paid within thirty (30) calendar days following the applicable due date shall be considered delinquent. Failure to pay any fee required by this Part 6, prior to it becoming delinquent, shall constitute a violation of this chapter. ,C. In addition to any administrative penalties imposed pursuant to Section 12.80.635, any permit for which the annual permit maintenance fee has not been paid for ninety (90) days or more following its due date is subject to suspension and, if such permit is suspended, the director may require the permittee to reapply for a new permit and pay all fees applicable to a new permit 12.80.810 Credit for overlapping inspection programs. If a permittee under this Part 6 has also been issued an industrial waste disposal permit, required pursuant to Chapter 20.36 of this code, for the same facility, then the permittee shall be entitled to pay the reduced annual permit maintenance fee described in Section 12.80.800, instead of the full annual permit maintenance fee. HoA.2161 sa -2 14 12.80.820 Annual review of fees. Beginning on July 1, 2003, and thereafter on each succeeding July 1, the amount of each fee in this section shall be adjusted by the lesser of 1) the increase, if any, in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim, and Riverside areas, as published by the United States Government Bureau of Labor Statistics, from April of the previous calendar year to March of the current calendar year, or 2) the increase, if any, in the cost of providing the service for which the fee is collected, as confirmed by the Auditor- Controller; the adjusted fee shall be rounded to the nearest dollar; provided, however, notwithstanding any of the above, no fee shall exceed the cost of providing the service for which the fee is collected. [1280MYCOCI R HOA.216158 -2 15 ATTACHMENT E SAMPLE NOTICE TO BUSINESSES (City Letterhead) (Date) Dear Industrial /Commercial Business The City of is a co- permittee under the National Pollutant Discharge Elimination System ( NPDES) Permit for Municipal Stormwater and Urban Runoff Discharges in the County of Los Angeles issued pursuant to the Federal Clean Water Act and California Water Code. Under the NPDES Permit, the City has various obligations to help control and eliminate the discharge of pollutants to the storm drain system, streams, rivers, and the ocean. One of the requirements is to implement an Industrial /Commercial Facilities Control Program to ensure that businesses use applicable Best Practices (BMPs) to eliminate illegal discharges and reduce potential pollutant runoff to the storm drain system. The City has further adopted Ordinance No. , the Stormwater and Runoff Pollution Control Ordinance as required by the NPDES Permit. [This Ordinance requires a permit to discharge be obtained and an annual fee be paid to maintain the permit. By this notice, your business has been identified as potentially subject to the Ordinance requirements. Additional information will follow under separate cover.] The City has entered into an Agreement with the County of Los Angeles Department of Public Works (Public Works) to implement an Industrial /Commercial Stormwater Program within the City of . Waste Control Engineering Inspectors from Public Works will be conducting inspections of commercial and. industrial establishments to assess the BMPs in place at each facility and determine compliance with the City Ordinance. The inspector will furnish you with a report on your current status and supply information on acceptable BMPs you may implement where appropriate. Facilities found in violation of current regulations will be expected to take corrective action as specified in the report. We anticipate the inspections will begin during the week of 2004. Public Works personnel are available to assist businesses in complying With Federal, State, and local environmental laws. Your cooperation in their efforts is appreciated. ATTACHMENT F STORMWATER FACILITY INSPECTION /SITE REPORT FORMS A GELES L. �< COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Site/File Storm Water Facility Inspection /Site Report Form Inspection Work Order (1) Last Inspection Date ❑ First Inspection ❑ Second Inspection ❑ New Facility ❑ Response to Complaint ❑ Follow up ❑ Other Facility Name: Site Address: Zip Owner Name: Operator Name: Contact Name: Phone: / SIC: Narrative SIC Description: Is the facility within the County unincorporated area? ❑ Yes ❑ No City Is the facility covered under a storm water perrnit? ❑ Does not need coverage ❑ No, refer to RWQCB to determine ❑ Individual NPDES ❑ General (filed NOI) Does the facility have a SWPPP? ❑Yes []No Facility's WDID # : - Date of SWPPP On -site ❑Yes ❑ No CRITICAL SOURCES TRACKING SYSTEM FACILITY CLASSIFICATIONS: EPA Facilities: ❑ USEPA Phase 1 (Tier I & ?) Commercial: ❑ Restaurants' ❑ Automotive Services' ❑ Retail Gasoline Outlet (RGO) / Auto Dealerships' Federally Mandated Facilities: ❑ Municipal Landfill ❑ Hazardous Waste Treatment /Recovery Facilities ❑ SARA Title III `- Most use additional BMPs noted on Critical Source Supplement Type of weather at time of inspection: ❑ Sunny ❑ Cloudy ❑ Drizzle ❑ Steady Rainfall Based on observations mane during tnis inspection ana reviewing aocuments, the tmtowmg uciiumnctcb wctc uutcu. DEFICIENT BMPS OBSERVED This report is furnished to the facility representative to be used as a measurement of the effectiveness of BMP's currently being implemented at your facility to prevent storm water pollution. Your facility may be subject to an enforcement action if the noted deficiencies are not corrected.by. Upon completion of corrective actions, contact the undersigned at ( ) between 8:00 a.m. to 9:30 a.m. for compliance verification. Additional Notice attached: ❑ Notice ❑ Notice of Non - Compliance ❑ Notice of Violation, Order to Comply Facility Representative Signature: Print name of Facility Representative: ae -Darn A orw Re.. &Kc Page — of RFCT M ANA (7FMFNT FFACTICFS (BMPI ('HFCJCLIST '74.�"#.�tnaj' �„ +�:� �+-,• <,: ,�.r rmcn a -M++ „�.•,n .r.,,- , zx r, ACTLYLTIES ASSESSMEL T CHEGI{T IST -0. 't"BMP k E[fecttve esaa�a" � , .�a u � CObIlVIENTS , Y��+ § r zrr u x ..W f rn t yr ar a sar . hi m S t� a a�1e�� Temtination of all non -storm water discharge to storm drain General good housekeeping Regular, scheduled preventive maintenance - Spill prevention and control procedures in place i Soil erosion control � a . Employee training program on storm water issues a+ Post drains to indicate they are not to receive on -site storm liquid or solid wastes Regular cleaning of storm drainage system tff' 4; Adsorbent and cleaning materials on hand for use r ., Storm water runoff routed around operating, processing, la fueling, cleaning and storage areas Hose bibs eliminated or posted x Proper disposal of air conditioning, cooling tower, and condensate drains r Fueling area design minimizes storm water exposure AN i W,t _ Covered fueling area �al Perimeter drain or pavement sloped to containment sump W� &, UST equipped with spill and overfill protection, permit _ «`-'�•' Above - ground tanks within spill containment •. - Use off -site commercial washing and cleaning businesses Covered designated wash area, sewered under permit i� - 1 Exposed designated wash area, sewered w /RDS, permit ` rv ? Covered designated wash area, containment sump, permit o'e4 Exposed designated wash area, containment sump, permit f • . 1 Water recirculation reclamation system used Demineralized/ultra -pure water spray rinse, no runoff i Portable containment and vacuum collection of wastewater }v On -site washing by vendor, wastewater disposal off -site - On -site washing by vendor, wastewater collected and disposed on -site, perritit t 0i Equipment kept clean, build -up of oil and grease avoided Drip pans or containers available where needed F la Covered designated maintenance area w /spill containment Exposed designated maintenance area w /spill containment , BMP Effectiveness: N= Not Implemented; P = Poorly implemented; A = Adequately Implemented; N/A = Not Applicable . 66 I B DP W RCVA/0] Pag[ — Of_ BEST MANAGEMENT PRACTICES MP CHECKLIST M�'.- r e3n ur �,m, `�sWc S+anw,awas�cr.�.r.^, aYx+� , u�u'xiL " t'2CTIYITIESASSES$MEN CHECT�ISTirE�� 4e B A COMMETSUm '+ eF. �... i .,R�.iE.r,'.�<�>��:�i ��G.. .;x PA.eJr, k... «.•!. S�''i9" -. ,a�i *uF...�..F,..,i Recycle greases, used oil, oil filters, antifreeze, cleaning . solutions, automotive batteries, hydraulic and trans. fluids Use non -toxic chemicals for maintenance when possible @7: - Store idle equipment under cover Operations within designated area w /spill containments i Fully covered loading/unloading docks I Partially covered loadinglunloading docks Ors_.. - ey;• Seal or door skirt between trailer and building - 0 •- - 'i'� Truck well w /manual sump pump, spill procedure posted Truck well w/RDS system and permit. Spill procedure posted " Drip pans or containers used under hoses or transfer operations Move activity indoors Cover the area with a permanent roof - Storm water runoff routed around process area p F �' Process wastes piped directly to sewer pretreatment system C •. Spill containment for process areas O Air emission control equipment under AQMD permit Store materials indoors Cover storage area with fixed roof or temporary cover 4 Store materials on paved or impervious surfaces Store materials within containment berms " Sweep and maintain routes to and from storage areas Recycle materials within plant or to off -site facilities Valid sewer disposal permit and pretreatment system in place Hazardous waste generator license or permit in place r Wastes segregated by type, labeled, and dated .. Waste storage/pren eatment areas clean and free of spill or leaks. Proper records maintained on waste storage and disposal - - Leaving or planting native vegetation to reduce maintenance r . Careful use of pesticides and fertilizers in landscaping • Integrated pest management where appropriate Sweeping of paved surfaces BMP Effectiveness: N = Not Implemented; P = Poorly Implemented; A = Adequately Implemented; N/A = Not Applicable 66-0 00 I C DPW Rc. V02 q P'g r f_ • e�•rn nn'c•ro vwncvm Yxs }Y' Fh as ESti+xw II 4r4. - xN .=.e" t5a.,;�v�F tek�' ih'! � "T".� Y 1 svJ N't v� ACTIVLTIES T y, " w -3� (( sW �.'f+t�.X r r F �hd fS ktc IIi --.xi Sou pE ° t > Nf"'•S x` 5 r COMMEN w x; itiY3�i,A 1!Lt'zLtI3!a Yi �It. �" ,A"`'�t^` „kh L Fv +' Has received educational materials on storm water pollution r , 1s prevention practices Does not pour oil and grease or oil and grease residue onto a parking lot, street or adjacent catch basin Keeps the trash bin area clean and trash bin lids closed, and does not fill trash bins with washout water or any other liquid q � + Does not allow illicit discharges, such as discharges of wash , F water from floor mats, floors, porches, parking lots, alleys, m areas _ sidewalks and street (in the immediate vicinity of the establishment), filters, or garbage/trash containers j mater 1 sinoa f o o d r w of areas sanitary manner that does not a nuisance or discharge to the storm drain Maintains the facility area so that it is clean and dry and without - S Yt,"t a evidence of excessive staining Q Implements housekeeping BMPs to prevent spills and leaks 5 : *1' Properly discharges wastewaters to a sanitary sewer and/or contains was tewaters for transfer to a legal paint of disposal ' pT; Is aware of the prohibition on discharging of non -storm water to the storm drain _ Properly manages raw and waste materials including proper - disposal of hazardous waste - �� Protects outdoor work and storage areas to prevent contact of pollutants with rainfall and runoff r Labels, inspects, and routinely cleans storm drain inlets that are located on the facility's property - Trains employees to implement storm water pollution r prevention practices Routinely sweeps fuel- dispensing areas for removal of litter and debris, and keep rags and absorbent ready for use in case of leaks ands ills Is aware that wash down of facility area to the storm drain is prohibited Is aware of design flaws (such as grading that doesn't prevent W.. run -on or inadequate roof covers and berms) and that equivalent is a BMPs are implemented K Inspects and cleans storm drain inlets and catch basins within each facility's boundaries no later than October I' of each year. C l u;, Posts signs close to fuel dispensers, which wam vehicle g^Cr',. "topping fuel owners/operators against off' of vehicle tanks and A i installation of automatic shutoff fuel dispensing nozzles Routinely checks outdoor waste receptacle and air /water supply rd: areas, cleans leaks and drips, and ensures that only watertight ' waste receptacles are used and that lids are closed Trains employees to properly manage hazardous materials and s wastes as well as to implement other storm water pollution p revention practices HMY Utectiveness: N = Not Implemented; r = Voorly Iniplemerltea; A= Aaequately Implementea; N/A = Not AppllcaDle 6G0001D DPW Re .8102 Pagc_o(_ BEST MANAGEMENT PRACTICES (RMP) CHECKT.ICT rnPTrnNA 1) J C jfl 1 8'.. y^JYd f1 11444 �t.4"�' -r.dul 9tti'C dix f + 1 A $ k - 'd a 9CTIYITTES ASS ES9MENT �E y, BMP - 4 E(tectiyep ^� Y*' SAS NJYI h t , . a +ac� / s. 2^r.^'V.,. v ere ..-.€ - r.3"c.u�.aJ..s,�.1�em�L� .� -.� � -_['.� _em. a ci nr_uw...,,.*. y , _ ..`k: i u a t s a „ 'CECi' W �.... .,......,...,,..a�... – �.m u.yw...j— , r – r w� ry uupmmauca, n – nucquaxiy impiemenw0; N/A = NOt Appli CabIC PLOT PLAN (OPTIONAL) 66000 1 E DPW Ncv, 8/02 Pc — Of ATTACHMENT G ENVIRONMENTAL PROGRAMS DIVISION FIELD OFFICE LOCATIONS . FIELD OFFICE AREAS OF RESPONSIBILITY rrTV eCSIhNMENTS WHITTIER 13523 E. Telegraph Roa LA VALLEY /LENNO EL VALLEY in Avenue Narbonne Avenue Whittier, CA 90605 A 90717 91007 (562)906 -4826 7AVALON -4862 ARTESIA' BELLFLOWER' CERRITOS* BEVERLY HILLS' BALDWIN PARK DOWNEY CARSON` BRADBURY HAWAIIAN GARDENS' COMPTON BURBANK LA HABRA HEIGHTS CUDAHY* CLAREMONT LAKEWOOD` CULVER CITY' COVINA LA MIRADA* EL SEGUNDO DIAMOND BAR' LONG BEACH GARDENA* DUARTE* NORWALK* HAWTHORNE ELMONTE PARAMONT'. HERMOSA BEACH GLENDALE PICO RIVERA* HUNTINGTON PARK GLENDORA SANTA FE SPRINGS INGLEWOOD INDUSTRY. SIGNAL HILL LAWNDALE' IRWINDALE* WHITTIER LOMITA* LA CANADA FLINTRIDGE` LOS ANGELES (PART) LA PUENTE* LYNWOOD LA VERNE* MALIBU LOS ANGELES (PART) MANHATTAN BEACH MONROVIA MAYWOOD PASADENA PALOS VERDES ESTATES' POMONA RANCHO PALOS VERDES` ROSEMEAD REDONDO BEACH SAN DIMAS* ROLLING HILLS SAN GABRIEL ROLLING HILLS ESTATES SAN MARINO SANTA MONICA SIERRA MADRE SOUTH GATE SOUTH EL MONTE TORRANCE SOUTH PASADENA WEST HOLLYWOOD` TEMPLE CITY' WALNUT WEST COVINA SANTA CLARITA EAST LOS ANGELES HEADQUARTERS 23757 W. Valencia Blvd. 5119 E. Beverly Blvd. 900 S. Fremont Avenue Santa Clarita, CA 91355 Los Angeles. CA 90022 Alhambra, CA 91803 (661) 222 -2953 (323) 260 -3466 (626) 458 -3559 AGOURA HILLS" ALHAMBRA ALL CALABASAS* BELL GARDENS' HIDDEN HILLS COMMERCE' LANCASTER MONTEBELLO LOS ANGELES (PART). MONTEREY PARK' PALMDALE* VERNON SAN FERNANDO SANTA CLARITA' WESTLAKE VILLAGE' 'Industrial Waste Control Program Contract Cities+ 0 INDUSTRIAUCOMMERCIAL SITE INSPECTION LISTING 0 logo MEN ONE 0 mom MOEN