Chapter 12.80 STORMWATER AND RUNOFF POLLUTION CONTROL

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.)

12.80.032 Automotive dealership.

“Automotive dealership” means a facility that is defined by any one of the following Standard Industrial Classifications: 5511, 5521, or 5551-5599. An automotive dealership includes any automotive service facility located on the same or contiguous property and under the same ownership and management. (Ord. 2006-0061 § 1, 2006.)

12.80.034 Automotive service facility.

“Automotive service facility” means a facility that is defined by any one of the following Standard Industrial Classifications: 5013, 5014, 5541, 7532-7534, or 7536-7539. (Ord. 2006-0061 § 2, 2006.)

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 § 1 (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 § 1 (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 government 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 § 1 (part), 1998.)

12.80.100 Construction activity.

“Construction activity” means any clearing, grading, or excavation of any real property that results in soil disturbance. Construction 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 § 1 (part), 1998.)

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.)

12.80.148 General Industrial Activity Storm Water Permit (GIASP).

“General Industrial Activity Storm Water Permit” (GIASP) means a general National Pollutant Discharge Elimination System (NPDES) permit that authorizes discharges of stormwater from property used for industrial activities to waters of the United States. (Ord. 2006-0061 § 3, 2006.)

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 § 1 (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 § 1 (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, ordinances, 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 § 1 (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 § 1 (part), 1998.)

12.80.210 Industrial/commercial 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 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 § 1 (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.)

12.80.238 Person.

“Person” means an individual, association, firm, partnership, public or private corporation, municipality, political subdivision, government agency, or any other legal entity, including the heirs, successors, agents, officers and assigns of such entity. (Ord. 2006-0061 § 4, 2006.)

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.)

12.80.262 Restaurant facility.

“Restaurant facility” means a stand-alone facility where the primary or sole purpose or function of the facility is to provide food or drinks for immediate onsite consumption. (Ord. 2006-0061 § 5, 2006.)

12.80.264 Retail gasoline outlet.

“Retail gasoline outlet” means any facility engaged in selling gasoline or other motor vehicle fuels, including any automotive service facility located on the same or contiguous property and under the same ownership and management. (Ord. 2006-0061 § 6, 2006.)

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.)

12.80.280 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 § 1 (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 § 1 (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 § 1 (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.)

Part 2 GENERAL PROVISIONS

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 or permittee from taking additional measures to achieve the objectives of this chapter or any permit. (Ord. 98-0021 § 1 (part), 1998.)

Part 3 DISCHARGE TO THE STORM DRAIN SYSTEM

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 substance that is prohibited by the U.S. EPA or the California Department of Pesticide Regulation. Further, no person shall cause to be discharged to the storm drain system any pesticide, fungicide, or herbicide in concentrations that exceed a water quality objective established by a regional board for that portion of the storm drain system or for any downstream waters.
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, any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source, or any waste holding tank, container or device. (Ord. 2006-0061 § 7, 2006; Ord. 98-0021 § 1 (part), 1998.)

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 machinery 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 Industrial/commercial 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 requirements, 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:
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

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.
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.
C. Runoff from washing paved areas, including but not limited to parking lots, on industrial or commercial property 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, processing, 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 § 1 (part), 1998.)

Part 5 VIOLATIONS AND ENFORCEMENT

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 § 1 (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;
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 § 1 (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 requirements 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 violating any provision of this chapter shall be guilty of a misdemeanor. Such violation shall be punishable by a fine of not more than $1,000.00 or by imprisonment 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 committed, continued or permitted shall constitute a separate offense and shall be punishable as such. (Ord. 2006-0061 § 8, 2006: Ord. 98-0021 § 1 (part), 1998.)

12.80.635 Administrative fines.

The amount of an administrative fine imposed pursuant to Chapter 1.25 of this code for delinquent fees, as described in Section 12.80.780, shall be ten percent of the delinquent amount for each month, or any portion thereof, that the fees are delinquent. For any other violation of this chapter, the amount of an administrative fine shall not exceed $100.00 for the first violation, $200.00 for the second violation of the same provision of this chapter within one year after the first violation, and $500.00 for each additional violation of the same provision of this chapter within one year after the first violation. (Ord. 2006-0061 § 9, 2006.)

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.)

Part 6 REGISTRATION AND INSPECTION OF INDUSTRIAL/COMMERCIAL FACILITIES

12.80.700 Purpose.

The purpose of this Part 6 is to implement pollutant reduction and control measures at certain industrial/commercial facilities, as may be required by a NPDES municipal stormwater permit governing county unincorporated areas. An inventory of all registered industrial/commercial facilities will be maintained by the director for the purpose of tracking and inspecting facilities that are critical sources of stormwater pollution. The director will issue a certificate of inspection to each registered facility that has been inspected and determined by the director to be in compliance with this chapter and with any applicable requirements of a NPDES municipal stormwater permit. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.710 Applicability.

The provisions of this Part 6 shall apply to the following facilities, if such facilities are located in any county unincorporated area that is covered by a NPDES municipal stormwater permit requiring tracking and inspection of facilities that are critical sources of stormwater pollution:
A. The following commercial facilities:
1. Restaurant facilities;
2. Automotive service facilities;
3. Automotive dealerships; and
4. Retail gasoline outlets.
B. The following industrial facilities:
1. Wholesale trade (scrap, auto dismantling);
2. Fabricated metal products;
3. Motor freight;
4. Chemical/allied products;
5. Primary metals products;
6. Electric/gas/sanitary;
7. Air transportation;
8. Rubbers/miscellaneous plastics;
9. Local/suburban transit;
10. Railroad transportation;
11. Oil and gas extraction;
12. Lumber/wood products;
13. Machinery manufacturing;
14. Transportation equipment;
15. Stone, clay, glass, concrete;
16. Leather/leather products;
17. Miscellaneous manufacturing;
18. Food and kindred products;
19. Mining of nonmetallic minerals;
20. Printing and publishing;
21. Electric/electronic;
22. Paper and allied products;
23. Furniture and fixtures;
24. Laundries;
25. Instruments;
26. Textile mills products; and
27. Apparel.
C. The following facilities:
1. Municipal landfills;
2. Hazardous waste treatment, disposal or recovery facilities; and 3. Facilities subject to the Superfund Amendments and Reauthorization Act of 1986, Title III (also known as the Emergency Planning and Community Right-to-Know Act). (Ord. 2006-0061 § 10 (part), 2006.)

12.80.720 Registration required.

A. Within 30 days after the effective date of the ordinance codified in this Part 6 or such later time as may be established by the director, or within 30 days after commencing business, whichever is later, the owner or operator of any facility described in Section 12.80.710 shall register the facility with the director.
B. The director will provide printed registration application forms, indicating thereon the information to be furnished. The director may authorize electronic submittal of registration applications in a manner consistent with county policy in lieu of the printed application forms.
C. The registration application shall contain the following information:
1. Name and address of the facility to be registered;
2. Name and address of the owner(s) of the facility;
3. Name and address of the operator of the facility, if different from the owner;
4. Name and address of the applicant and evidence that the applicant is the owner of the facility or has written permission of the owner or owners to submit the application;
5. Whether the discharge of stormwater runoff from the facility is authorized by and subject to the requirements of a GIASP or other NPDES permit or is exempt or conditionally excluded from GIASP requirements by the state board;
6. A narrative description, including any applicable Standard Industrial Classification (SIC), that best reflects the industrial/commercial activities and principal products produced at the facility;
7. The name and address of all representatives authorized by the owner or operator of the facility to receive any notice pertaining to this chapter; and
8. Such other information as the director may require.
D. The registration application must be accompanied by the registration fee and the first annual certificate fee in the amounts set forth in Section 12.80.780. The registration fee and first annual certificate fee are non-refundable, with the exception of facilities determined to be exempt pursuant to Section 12.80.730 within one year after the fees were paid, where the director determines that the facility met the requirements of subsection A, B, C, or D of Section 12.80.730 at the time the fees were paid.
E. Upon the submittal of all information and fees required by this section to the satisfaction of the director, the facility will be registered.
F. The director must be notified in writing within five business days of any changes in the information contained in the registration application or otherwise submitted to the director for a registered facility.
G. A new registration application must be submitted within 30 days for any changes in the industrial/commercial activities or principal products produced at the facility or in the location or ownership of the facility unless the director determines that a new application is not necessary.
H. Notwithstanding the provisions of subsection A above, no registration is required for a facility that is exempt from registration pursuant to Section 12.80.730. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.730 Exempt facilities.

A facility is not required to be registered in accordance with Section 12.80.720 if the director determines that:
A. The facility is described in Section 12.80.710, but the manufacturing, storage, packaging, transportation or other primary activities upon which the classification is based do not take place at the facility or on any contiguous property, and the facility does not have the potential to contribute pollutants to any stormwater runoff that is discharged from the facility;
B. The facility is included within another facility that is registered and for which a certificate of inspection is in full force and effect;
C. The discharge of stormwater runoff from the facility is authorized by and subject to the requirements of a Small Municipal Separate Storm Water Sewer System (Phase II) NPDES permit or a site-specific NPDES permit incorporating stormwater runoff requirements; or
D. The owner or operator of the facility is required by a NPDES municipal stormwater permit to implement a public agency activities program to minimize stormwater pollution impacts from its activities. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.740 Certificate of inspection—Issuance by the director.

A. When the director has inspected a registered facility, or has caused the facility to be inspected, and the director has determined that the facility is in compliance with this chapter and with any applicable requirements of a NPDES municipal stormwater permit and that all applicable fees as set forth in Section 12.80.780 have been paid, the director will issue a certificate of inspection to the registered facility. The certificate may contain conditions and limitations appropriate to meet the objectives of this chapter.
B. A copy of the certificate must be maintained at the facility and made available upon request to the director and any interested persons.
C. The certificate will expire one year from the date of its issuance unless extended by the director. The director will issue a new certificate of inspection upon a determination that the requirements of subsection A of this section have been satisfied, including payment of a new annual certificate fee in the amount set forth in
Section 12.80.780. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.750 Certificate of inspection—Suspension or revocation.

The director may suspend or revoke any certificate of inspection upon a determination that: (1) the certificate was issued in error; (2) the certificate was issued on the basis of incorrect information contained in the registration application or otherwise submitted to the director for a registered facility; (3) the facility is in violation of a condition or limitation contained in the certificate; or (4) an inspection discloses a violation of this chapter or of any applicable requirement of a NPDES municipal stormwater permit. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.760 Certificate of inspection—Termination.

A certificate of inspection will terminate upon either of the following events:
A. A determination by the director that the use for which the certificate was issued has ceased and all materials that may contribute pollutants to stormwater runoff have been removed from the site;
B. Any change requiring the submittal of a new registration application as provided in subsection G of Section 12.80.720. A certificate of inspection is not transferable from one location to another location. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.770 Service fees.

The director will charge and collect fees in the amounts set forth in Section 12.80.780 for the following services, payable in advance except as otherwise provided in this section:
A. Inspection of a facility outside normal business hours at the request of the owner or operator of the facility.
B. Sampling and analysis of stormwater runoff from a facility, performed by or on behalf of the director, at the request of the owner or operator of the facility. The director may require advance payment of estimated laboratory analysis costs with the balance billed or refunded as applicable; provided, however, that the results of the laboratory analysis will not be released until any balance billed has been paid. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.780 Fee schedule.

A. The schedule of fees required to be paid for services and activities provided under this Part 6 is as follows:

Fee	Amount

Registration fee	$40.00
Annual certificate fee for restaurant facilities qualifying pursuant to subsection A of Section 12.80.790	$97.00
Annual certificate fee for facilities qualifying pursuant to subsection B of Section 12.80.790	$147.00
Annual certificate fee for facilities qualifying pursuant to subsection C of Section 12.80.790	no fee
Annual certificate fee for all other registered facilities	$179.00
Requested inspection outside of normal business hours, per hour	$204.00
Requested stormwater sampling and analysis fee	$260.00 plus laboratory analysis costs

B. Except for the first annual certificate fee, which is required with the submittal of a registration application, the annual certificate fee shall be due and payable annually prior to the yearly anniversary date of the issuance of the certificate. Any fee not paid within 30 calendar days after it is due and payable shall be considered delinquent. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.790 Credit for overlapping inspection programs.

A. A reduced annual certificate fee for qualifying restaurant facilities as provided in Section 12.80.780 will apply to any restaurant facility that has a valid public health license issued in accordance with Chapter 8.04 of this code and is subject to inspection by the county health officer.
B. A reduced annual certificate fee as provided in Section 12.80.780 will apply to any facility, except a restaurant facility, for which (1) a hazardous materials underground storage tank permit has been issued pursuant to Chapter 11.80 of this code and is in full force and effect, or (2) an industrial waste disposal permit has been issued pursuant to Chapter 20.36 of this code and is in full force and effect, including an industrial waste disposal permit issued for the maintenance of BMP facilities.
C. No annual certificate fee is required where the discharge of stormwater runoff from the facility is authorized by and subject to the requirements of a GIASP, or the facility is exempt or conditionally excluded from GIASP requirements by the state board. (Ord. 2006-0061 § 10 (part), 2006.)

12.80.800 Annual review of fees.

Beginning on July 1, 2007, and thereafter on each succeeding July 1, the amount of each fee in Section 12.80.780 shall be adjusted by the increase, if any, in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles–Riverside-Orange County area, as published by the United States Government Bureau of Labor Statistics, from April of the previous calendar year through March of the current calendar year, and the adjusted fee shall be rounded to the nearest dollar; provided, however, that no fee shall exceed the reasonable cost of providing the service for which the fee is collected, as confirmed by the Auditor-Controller. (Ord. 2006-0061 § 10 (part), 2006.)

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