Item E-5 Agenda Report — Beverly Hills City Council, June 17, 2025

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AGENDA REPORT
Meeting Date: June 17, 2025
Item Number:

To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Josette Descalzo, Environmental Compliance and Sustainability Programs Manager
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS, CALIFORNIA AMENDING ARTICLE 5 (STORMWATER AND URBAN RUNOFF
POLLUTION CONTROL) OF CHAPTER 4 OF TITLE 9 OF THE

BEVERLY HILLS MUNICIPAL CODE TO REVISE LOW IMPACT

DEVELOPMENT REQUIREMENTS AND INCLUDE ADDITIONAL

REVISIONS PURSUANT TO THE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS

FOR THE MUNICIPAL SEPARATE STORM SEWER SYSTEM,

AND MAKING A DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Attachments: 1. Draft Ordinance

2. Public Works Commission Liaison Staff Report

RECOMMENDATION
It is recommended that City Council waive the full reading of the ordinance entitled “An Ordinance of the City of Beverly Hills Amending Article 5 (Stormwater and Urban Runoff Pollution Control) of Chapter 4 of Title 9 of the Beverly Hills Municipal Code to Revise Low Impact Development (LID) Requirements and Include Additional Revisions Pursuant to the National Pollutant Discharge Elimination System Permit Requirements for Municipal Separate Storm Sewer System, and Making a Determination of Exemption under the California Environmental Quality Act (CEQA),” introduce for first reading, and find the Ordinance exempt from review under the California Environmental Quality Act (“CEQA”).

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permit was issued by the State Water Resources Control Board – Los Angeles Region (Regional Board) to cities within Los Angeles and Ventura Counties (Permittees) to comply with the Federal Clean Water Act (CWA). The MS4 permit requires Permittees to implement local municipal code regulations, programs, and infrastructure to meet the water quality standards for the coastal watersheds within the counties.

The City of Beverly Hills has implemented the requirements of the MS4 permit and updated its programs, and now needs to update the City Municipal Code to comport with the latest permit iteration, the 2021 MS4 permit. Residents, businesses and project developers were informed of the latest requirements during inspections and enforcement actions. Developers were educated on LID requirements during the development agreement and plan review process.

Staff presented this item to the Public Works Commission Liaison Committee (Committee), including then Vice Mayor Nazarian, PsyD, Councilmember Corman, Public Works Chair Nehoray, and Vice Chair Ritterbush, on March 26, 2025. The Committee unanimously recommended to move forward with the Municipal Code amendment. Attachment 2 (Public Works Liaison Committee Staff Report) memorializes the history of the amendment process.

DISCUSSION
The proposed amendments to the Stormwater and Urban Runoff provisions of the City Municipal Code are intended to align the Municipal Code with the 2021 MS4 Permit. Key amendments include clarifying language related to permissible pool filter backwash discharge location, Best Management Practice (BMP) requirements to prevent pollutant runoffs from commercial activities, and lowering the LID threshold for development projects.

The Draft Ordinance (Attachment 1) presents the amendments to Article 5 (Stormwater and Urban Runoff Pollution Control), and below is a summary of each section of the Ordinance with a brief description of the key changes made:

1. 9-4-501 Findings – The section is updated to reference the 2021 MS4 Permit as the basis for the Municipal Code amendment and clarify the responsibilities of the Permittee (City) in order to control the quantity and quality of stormwater and urban runoff in a cost-effective manner and to the maximum extent practicable.

2. 9-4-502 Purpose – This section is amended to clarify the intent of the regulations to promote the future health, safety, and general welfare of the residents of the City and the water quality of the receiving waters of the County and surrounding coastal areas pursuant to federal requirements.

3. 9-4-503 Definitions – Refines existing definitions and defines additional terms that are in the 2021 MS4 permit that are not currently included in the City Municipal Code. Examples of key terms include, but are not limited to, Biofiltration, California Regional Water Quality Control Board, Industrial Activity, California Regional Water Quality Control Board, Los Angeles Region (“LARWQCB”), Construction, Low Impact Development (“LID”), Municipal NPDES Permit, National Pollutant Discharge Elimination System (“NPDES”) Permit, Project, Redevelopment, Runoff, Simple LID BMP, and Stormwater Pollution Prevention Plan (“SWPPP”).

Meeting Date: June 17, 2025

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4. 9-4-504 Prohibited Activities – This section lists prohibited connections, discharges, and activities that cause pollutants to enter the storm drain system.

Prohibited discharges include, but are not limited to, non-stormwater discharges such as:
a. Construction materials;
b. Debris;
c. Pool and spa discharges;
d. Pool and filter backwash; and
e. Liquid waste from building and street washing, and sewer waste.

The section clarifies the regulations of pool, spa and filter backwash discharges.

The Draft Ordinance includes language requiring pool and spa discharges to be dechlorinated and dibrominated. Filter backwash can be discharged to the sewer system or solid waste bin containers with prior approval from the City. The amended section also clarifies that commercial buildings/windows and sidewalk washing activities are permissible only if the wash waters can be collected and discharged into the wastewater system or in solid waste bins respectively as verified and approved by the City prior to discharge. City approval is required because the Wastewater Municipal Code prohibits unauthorized persons from opening sewer maintenance access holes. Staff does not anticipate that these changes will burden dischargers because pool inspections prior to discharges have been required by the City for approximately 20 years. It is through the current inspection process that the City will implement this modification.

5. 9-4-505 Conditionally Exempted Discharges – This section references the provision of the 2021 MS4 permit for conditionally exempted discharges. Overall, conditionally exempted discharges are contingent upon implementing the appropriate BMP. The amended section still requires the City and discharger to notify, monitor, and keep records of discharges.

6. 9-4-506 Requirements for Existing Properties – This section details the responsibilities of owners and occupants to prevent and remove pollutants from entering the storm drain system. Owners and occupants are responsible for properly storing materials and managing waste from runoff. Installing and using secondary containment and enclosures are examples of appropriate BMPs. In addition, owners and occupants are required to remove debris and residue on property prior to reaching the storm drain system, such as oil from motor vehicles, animal waste, chemical residue, septic, liquid, and food waste. This section also requires BMP implementation such as washing, vacuuming, and street sweeping on areas exposed to runoff, as well as the maintenance of structural on-site BMPs like area drain filters. The City has continually educated property owners to be mindful of managing their pollutants through continuous educational and outreach methods and to direct the public to report improper waste management to AskBH.

7. 9-4-507 Requirements for Industrial/Commercial and Construction Activities – This section pertains to requirements for industrial, commercial, and construction activities that include enrollment for individual NPDES permits issued by the State Water Resources Control Board or the Regional Board. Construction dischargers are required to comply with individual NPDES permits through the Meeting Date: June 17, 2025

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implementation of acceptable BMPs to control sediment runoff, construction, liquid, and material waste.

8. 9-4-508 Low Impact Development Requirements for New Development and Redevelopment – The objective of this amended section is to update the numeric trigger that would require Low Impact Development (LID) for new and redevelopment projects. Under the existing Municipal Code regulations and previous MS4 permits, new development and redevelopment projects are already required to lessen their water quality impacts by using smart growth practices and integrating standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use (collectively known as “LID practices”). LID practices are required based on the impervious surface area created or replaced in new development and redevelopment projects. To contextualize the LID requirements, it is important to be familiar with the definitions of new development and redevelopment projects under Section 9-4-503. New development projects are defined as land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land division. On the other hand, redevelopment is defined as a land-disturbing activity that results in the creation, addition, or replacement of impervious surface area on an already developed site. Since the City is built-out, all development projects fall under the redevelopment project LID numeric trigger.

Projects subject to LID requirements have specific LID design criteria except for redevelopment projects that have existing impervious surface area less than 10,000 square feet. Requirements include utilizing the LID standards prescribed in the MS4 Permit and LID Standards Manual, which is the Los Angeles County LID Manual, and the LID performance criteria, which is retaining the runoff from the impervious surface area from the ¾ inch, 24-hour rain event or the 85th percentile, 24-hour rain event.

Smaller redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface area (collectively over the entire project site) on sites with existing impervious surface area of less than ten thousand (10,000) square feet are not required to comply with the design criteria but are required to implement two simple LID BMPs. The two simple LID requirements are stricter than the requirements of the 2021 MS4 permit.

However, two simple LID requirements have been implemented by the County of Los Angeles, City of Los Angeles, and City of West Hollywood. Examples of simple BMPs include rain barrels, planter boxes, and directing runoff to vegetative areas.

9. 9-4-509 Fees – This section declares there are fees for plan reviews, inspections, violations, and corrections associated with the amended Ordinance.

The Ordinance only includes non-substantive changes to this section.

10. 9-4-509 Stormwater and Non-Stormwater Runoff Pollution Education Program – This section describes that the Public Works Department along with other City departments are required to provide a stormwater pollution prevention education program for its residents, businesses, and developers that live and operate in the City. The Ordinance only includes non-substantive changes to this section.

Meeting Date: June 17, 2025

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11. 9-4-511 Enforcement – This section describes the various mechanisms available for the City to enforce the ordinance. Inspections, cease and desist orders, administrative fines, civil actions, notice to clean and penalties under the Beverly Hills Municipal Code are available for use based on the severity of the violation.

The Ordinance only includes non-substantive changes to this section.

In conclusion, the proposed amendments to the Stormwater and Urban Runoff Municipal Code are a comprehensive effort to align the City's municipal regulations with the 2021 MS4 Permit, ensuring consistency with state and federal stormwater management requirements. These updates not only clarify existing provisions—such as permissible discharge locations for pool and spa backwash—but also strengthen pollution prevention through enhanced Best Management Practices (BMPs) for commercial, industrial, and construction activities. The amendments lower the threshold for Low Impact Development (LID) requirements, broaden educational outreach, and establish clearer enforcement mechanisms. Collectively, these changes aim to protect water quality, promote sustainable development, and safeguard the health and well-being of the community and the environment to the maximum extent practicable.

Community Engagement
Residents, businesses and project developers were educated on the requirements of the 2021 MS4 permit upon the permit’s effective dates. Staff provided BMP solutions to safely discharge wash waters and other pollutants during annual inspections of businesses, pre- and post-stormwater inspections for construction sites and pool discharge inspections for residents. Project developers were educated and required to implement construction BMPs during development agreement and building plan permit processes. Similarly, project developers were informed in 2024 that the City is working on updating its LID requirements as prescribed in the 2021 MS4 permit and were directed to water conservation and turf replacement incentives to lessen the burden costs for LID.

ENVIRONMENTAL REVIEW
The Draft Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Draft Ordinance is not considered a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(2) and (5) because it constitutes administrative activities and general policy-making that will not result in direct or indirect physical changes in the environment. Staff recommends that the City Council consider finding the Draft Ordinance exempt from CEQA for these reasons.

FISCAL IMPACT
There is no anticipated fiscal impact by considering the Ordinance for adoption.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
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ORDINANCE NO. 25-O-______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS,
CALIFORNIA AMENDING ARTICLE 5 (STORMWATER AND
URBAN RUNOFF POLLUTION CONTROL) OF CHAPTER 4 OF
TITLE 9 OF THE BEVERLY HILLS MUNICIPAL CODE TO

REVISE LOW IMPACT DEVELOPMENT REQUIREMENTS AND

INCLUDE ADDITIONAL REVISIONS PURSUANT TO THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

PERMIT REQUIREMENTS FOR THE MUNICIPAL SEPARATE

STORM SEWER SYSTEM, AND MAKING A DETERMINATION

OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Article 5 (Stormwater and Urban Runoff Pollution Control) of Chapter 4 (Water Regulations) of Title 9 (Building and Property Health and Safety Regulations) of the Beverly Hills Municipal Code is hereby amended in its entirety to read as follows:
“Article 5. STORMWATER AND URBAN RUNOFF POLLUTION CONTROL 9-4-501: Findings
9-4-502: Purpose
9-4-503: Definitions
9-4-504: Prohibited Activities
9-4-505: Conditionally Exempted Discharges
9-4-506: Requirements for Existing Properties
9-4-507: Requirements for Industrial/Commercial and Construction Activities 9-4-508: Low Impact Development Requirements for New Development and Redevelopment
9-4-509: Fees
9-4-510: Stormwater and Non-Stormwater Runoff Pollution Education Program 9-4-511: Enforcement
9-4-501: FINDINGS:

The City Council finds and declares that:

A. Congress has determined that pollutants contained in stormwater and urban runoff are responsible for environmental degradation of oceans, lakes, rivers, and other waters of the United States.
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B. The amended federal Clean Water Act (33 U.S.C. § 1251 et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (“NPDES”) requirements to stormwater and urban runoff discharged into municipal storm drain systems.

C. Stormwater and urban runoff flow from individual properties onto streets, then through storm drains passing through the City.

D. The City is a co-permittee under the California Regional Water Quality Control Board, Los Angeles Region (“LARWQCB”) Order No. R4-2021-0105, effective September 11, 2021, which establishes 2021 MS4 NPDES Permit No. CAS004004, the "Waste Discharge Requirements and National Pollutant Discharge Elimination System (“NPDES”) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties,” and any successor permit (the “Municipal NPDES Permit”). As a copermittee, the City is required to implement and enforce the permit requirements against dischargers to the MS4 for their contributions of pollutants and flows.

E. The Municipal NPDES Permit requires the City to prohibit non-stormwater discharges into the portion of the MS4 for which it is an owner or operator, except where such discharges are identified and in compliance with Part III, Section A of the Municipal NPDES Permit.

F. It is important for the City to adopt reasonable regulations in order to control the quantity and quality of stormwater and urban runoff in a cost-effective manner and to the maximum extent practicable.
9-4-502: PURPOSE:

A. This Article is intended to promote the future health, safety and general welfare of the residents of the City and the water quality of the receiving waters of the County and surrounding coastal areas pursuant to federal requirements by:

1. Reducing the discharge of pollutants in stormwater to the maximum extent practicable;

2. Effectively prohibiting non-stormwater discharges to the MS4; and

3. Controlling such pollutants through other provisions deemed appropriate by the LARWQC.

C. This Article is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction as required by the Municipal NPDES Permit, and thereby fully comply with the terms of the Municipal NPDES Permit in a timely manner.
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D. This Article also sets forth requirements for the construction and operation of certain “commercial development,” “new development” and “redevelopment” and other Projects (as further defined herein), which are intended to ensure compliance with the stormwater mitigation measures prescribed in the current version of the Municipal NPDES Permit, a copy of which is on file in the office of the City Clerk.

E. This Article allows an Authorized Enforcement Officer to define and adopt applicable best management practices (“BMPs”) and other stormwater pollution control measures; grant emergency self-waivers from Municipal NPDES Permit requirements, as provided herein in order to conduct repairs of essential public service systems and infrastructure in emergency situations; cite violations; and impose fines. This Article also allows the Authorized Enforcement Officer to inspect, surveil, and monitor procedures necessary to determine compliance and noncompliance with the provisions of this Article and the Municipal NPDES Permit. The Authorized Enforcement Officer shall administer, implement, and enforce the provisions of this Article except as provided herein.
9-4-503: DEFINITIONS:

To the extent that any definition of a term contained in this Article conflicts with the corresponding definition contained in the current Municipal NPDES Permit, the definition contained in the Municipal NPDES Permit shall control. The following words and phrases shall have the following meanings for purposes of this Article:

AREA SUSCEPTIBLE TO RUNOFF: Any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.

AUTHORIZED ENFORCEMENT OFFICER: The Director of Public Works.

AUTOMOTIVE SERVICE FACILITY: A facility that is categorized in any one of the following Standard Industrial Classification (“SIC”) codes: 5013, 5014, 5511, 5541, 7532-7534, or 7536- 7539, as well as the corresponding NAICS codes.

BASIN PLAN: The LARWQCB Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties.

BENEFICIAL USE: The existing or potential uses of receiving waters as designated by the LARWQCB in the Basin Plan.

BEST MANAGEMENT PRACTICES (“BMPs”): Practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water. Examples of BMPs may include, but are not limited to, public education and outreach, proper planning of development Projects, proper cleaning of catch basin inlets, construction of a stormwater treatment system, and proper sludge- or waste-handling and disposal.

BIOFILTRATION: A LID BMP that through incidental infiltration or evapotranspiration, and filtration, reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy.

The term “biofiltration” as used in this Article is defined to include only systems with an 4 B0785-0001\3119137v1.doc
underdrain designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs (subject to approval by the LARWQCB’s Executive Officer).

Biofiltration BMPs, unlike bioretention BMPs, include bioretention systems with an underdrain and bioswales.

BIORETENTION: A LID BMP that, through evapotranspiration and infiltration, reduces stormwater runoff by intercepting rainfall on vegetative canopy or groundcover. The bioretention system typically includes a minimum two foot (2’) top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this Article, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. A BMP designed or constructed with an underdrain is regulated by the Municipal NPDES Permit as a biofiltration BMP.

BIOSWALE: A LID BMP consisting of a shallow channel lined with grass or other dense, lowgrowing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION (“LARWQCB”): The regional water board for the region including Los Angeles and Ventura counties, as well as small portions of Kern and Santa Barbara counties.

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“STATE WATER BOARD”): A branch of the California Environmental Protection Agency that coordinates with Regional Water Quality Control Boards such as the LARWQCB to establish water quality standards.

CLEAN WATER ACT (“CWA”): The Federal Water Pollution Control Act, which requires municipalities to obtain storm water permits for discharges from an MS4 serving a population of over 100,000 people.

COMMERCIAL DEVELOPMENT: Any development on private land that is not heavy industrial or residential. The category includes, but is not limited to hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, minimalls and other business complexes, shopping malls, hotels, office buildings, to public warehouses and other light industrial complexes.

COMMERCIAL MALLS: Any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

CONSTRUCTION: Any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance, including structure tear-down and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair or restoration work, maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); interior remodeling with 5 B0785-0001\3119137v1.doc
no outside exposure of construction material or construction waste to stormwater; mechanical or sign permit work; or clearing or grubbing of vegetation for landscape maintenance which is not associated with a larger construction Project. See the definition of “Routine Maintenance” for further explanation.

CONSTRUCTION GENERAL PERMIT: The NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities issued by the State Water Board, which authorizes the discharge of stormwater from construction activities under certain conditions.

CONTROL: The minimization, reduction, elimination, or prohibition of discharge of a pollutant from an activity by technological, legal, contractual or other means.

DEVELOPMENT: Any construction, rehabilitation, redevelopment or reconstruction of any public or private residential Project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other nonresidential Projects, including public agency Projects; or mass grading for future construction. It does not include routine maintenance to maintain the original line and grade, hydraulic capacity, or original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and safety.

DIRECTOR: The Director of Public Works.

DISCHARGE: When used without qualification, the term refers to the discharge of a pollutant.

DISCHARGE OF A POLLUTANT: Any addition of any pollutant or combination of pollutants to waters of the United States from any point source or, any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term ”discharge of a pollutant” includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately-owned treatment works.

DISCHARGING DIRECTLY: Outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands.

DISTURBED AREA: An area that is altered as a result of clearing, grading, or excavation, unless altered solely for the purposes of landscape maintenance or fire prevention.

FLOW-THROUGH TREATMENT BMPs: Flow-through treatment BMPs include modular, vault type “high flow biorentention” devices contained within impervious vault with an underdrain or designed with an impervious liner and an underdrain.
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HILLSIDE: Property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25%) or greater and where grading contemplates cut or fill slopes.

ILLICIT DISCHARGE: Any discharge to the MS4 that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This term includes all non-stormwater discharges, except authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in the Municipal NPDES Permit.

IMPERVIOUS SURFACE: Any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities or at an increased rate, when compared to natural conditions prior to development.

Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, and compacted earth.

INDUSTRIAL ACTIVITY: Any public or private activity associated with any of the 11 categories of activities defined in title 40, section 122.26(b)(14) of the Code of Federal Regulations.

INDUSTRIAL PARK: A land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.

INFILTRATION: The downward entry of water into the surface of the soil.

INSPECTION: The entry and the conducting of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements.

The steps involved in performing an inspection, include, but are not limited to:

LOW IMPACT DEVELOPMENT (“LID”): The implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, or 3) harvest and use precipitation near to where it falls to earth.

LOW IMPACT DEVELOPMENT STANDARDS MANUAL (“LID Standards Manual”): A manual that provides guidance for the implementation of specific stormwater quality control measures to comply with the Municipal NPDES Permit.

MATERIAL: Any substance including, but not limited to garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.

MUNICIPAL NPDES PERMIT: The current MS4 NPDES Permit No. CAS004004, Order No.

R4-2021-0105 ("Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties") and waste discharge requirements, issued by the LARWQCB, and effective September 11, 2021.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (“MS4”): A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains that are:

A. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;
B. Designed or used for collecting or conveying stormwater; C. Which is not a combined sewer; and
D. Which is not part of a Publicly Owned Treatment Works (“POTW”).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“NPDES”) PERMIT: A permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to California Water Code section 13370 as part of the national program for issuing, 8 B0785-0001\3119137v1.doc
modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA sections 307, 402, 318, and 405.

NEW DEVELOPMENT: Land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

NON-STORMWATER DISCHARGE: Any discharge to the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater, including, but not limited to, wash water.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (“NAIC”) CODE: A unique numerical code assigned to categorize businesses in different industries, and the current standard used by federal statistical agencies. The Municipal NPDES Permit regulates establishments assigned specific SIC or NAICS codes.

PARKING LOT: Land area or a facility for the parking or storage of motor vehicles used for businesses, commerce, industry or personal use.

POLLUTANT: Those “pollutants” defined in section 502(6) of the federal Clean Water Act (33 U.S.C. § 1362(6)), and incorporated into California Water Code section 13373. Examples of “pollutants” include, but are not limited to the following:

A. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge).

B. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic;
C. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
D. Excessive eroded 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 discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); or
F. Substances having characteristics such as a pH of less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

The term “pollutant” shall not include uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term “pollutant” also shall not include any substance identified in this definition, if through compliance with the BMPs available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination 9 B0785-0001\3119137v1.doc
of the discharge to the maximum extent practicable through compliance with the BMPs available.

PROJECT: All development, redevelopment, and land disturbing activities.

PUBLICLY OWNED TREATMENT WORKS (“POTW”): A treatment works, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes, which is owned by a state or municipality, as defined by section 212 of the CWA (33 U.S.C.A. § 1292), and referenced in title 40, section 122.2 and section 404.3 of the Code of Federal Regulations.

REDEVELOPMENT: A land-disturbing activity that results in the creation, addition or replacement of impervious surface area on an already developed site. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint; (2) addition or replacement of a structure; (3) replacement of impervious surface that is not part of a routine maintenance activity; and (4) landdisturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

RESTAURANT: A facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Restaurants that are subject to this Article are assigned SIC code 5812.

RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils.

Retail Gasoline Outlets subject to this Article are assigned SIC code 5541 and NAICS 447110 and 447190.

ROUTINE MAINTENANCE: This term includes, but is not limited to, projects conducted to:

A. Maintain the original line and grade, hydraulic capacity, and original purpose of facility; B. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities;
C. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts;
D. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards and regulations regardless of such projects result in increased capacity;
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E. Repair leaks;
F. Conduct landscaping activities without changing existing or natural grades; and G. Conduct brush cleaning and grubbing for fire prevention. ”Routine maintenance” does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

RUNOFF: Water from rain and outdoor water use, including stormwater or non-stormwater, that drains from any impervious surface to the storm drain system rather than soaking into the ground.

SIMPLE LID BMP: A BMP constructed above ground on a property that can be readily inspected by a property owner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit, as opposed to Structural BMPs required to meet the specific performance criteria for retention or biofiltration. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.

SITE: The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

SMART GROWTH: The U.S. Environmental Protection Agency’s (“EPA’s”) overall approach of development and conservation strategies to benefit the economy, environment, and public health of local communities.

STANDARD INDUSTRIAL CLASSIFICATION (“SIC”) CODE: The statistical classification standard that delineates a company’s industry group with a unique numerical code. While NAICS was developed to replace SIC codes, the Municipal NPDES Permit refers to both numerical codes to classify business establishments.

SOURCE CONTROL BMP: Any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent stormwater pollution by reducing the potential for contamination at the source of pollution.

STORMWATER: Stormwater runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 Code of Federal Regulations § 122.26(b)(13); 55 Code of Federal Regulations 47990, 47995 (Nov. 16, 1990)).

STRUCTURAL BMP: Any structural facility designed and constructed to mitigate the adverse impacts of stormwater and non-stormwater. “Structural BMPs” may include both Treatment Control BMPs and source control BMPs.

STORMWATER POLLUTION PREVENTION PLAN (“SWPPP”): A plan required for projects subject to requirements under the State Water Board general permits for stormwater discharges, including the Construction General Permit or Industrial General Permit. The plan identifies 11 B0785-0001\3119137v1.doc
potential pollutant sources and describes the design, placement, and implementation of BMPs in order to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from subject activities.

STORMWATER QUALITY DESIGN VOLUME (“SWQDv”): The permit-specified volume of stormwater runoff that must be mitigated by the regulated development project.

STANDARD URBAN STORMWATER MITIGATION PLAN (“SUSMP”): The Los Angeles Countywide Standard Urban Stormwater Mitigation Plan.

TREATMENT: The application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

TREATMENT CONTROL BMP: Any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process.
9-4-504: PROHIBITED ACTIVITIES:

This section outlines examples of prohibited activities and should not be construed as an exhaustive list of all prohibited activities.

A. Illicit Discharges and Connections. No person shall commence, establish, use, maintain, or continue any illicit connection to the MS4 or any illicit discharge to the MS4. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was established prior to or after the effective date of this Article.

B. Littering. No person shall throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or drainage structure, business place, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal.

C. Blowing Debris. No person shall intentionally use or operate any mechanical device to blow leaves, dirt, or other debris into the MS4 through any street, alley, sidewalk, parkway, or other public right of way. This section does not restrict the use of non-gasoline leaf blowers to dispose of leaves, dirt, or other debris through other permissible means.

D. Disposal of Landscape Debris. No person shall intentionally dispose of leaves, dirt or other landscape debris into a storm drain.
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E. Industrial Activities. No person shall conduct any industrial activity in the City without obtaining all permits required by State or federal law, including an NPDES General Permit for Stormwater Discharges Associated with Industrial Activities (“Industrial General Permit”) when required. Persons conducting industrial activities within the City should refer to the most recent edition of the "Industrial/Commercial Best Management Practices Handbook," produced and published by the California Stormwater Quality Association (“CASQA”), for specific guidance on selecting BMPs for reducing pollutants in stormwater discharges from industrial activities.

F. Non-Stormwater Discharges. All non-stormwater discharges into the MS4 are prohibited unless those discharges are:

1. In compliance with a separate NPDES Permit;

2. Pursuant to a discharge exemption by the LARWQCB, the entity’s executive officer, or the State Water Resources Control Board;

3. Associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property);

4. Natural flows as defined in the Municipal NPDES Permit;

5. Conditionally exempt non-stormwater discharges as defined in accordance with the Municipal NPDES Permit; or

6. Authorized as a temporary non-stormwater discharge by the EPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act.

G. Prohibited Discharges. Specific examples of prohibited discharges include, but are not limited to the following types of discharges:

1. Discharges of wash waters to the MS4 from commercial vehicle washing or from gas stations, automotive repair garages, or other types of automotive service facilities when those facilities are cleaned;

2. Discharges of water to the MS4 from mobile vehicle washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

3. Discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid, or antifreeze, is undertaken;

4. Discharges of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and from uncovered receptacles containing hazardous materials;

5. Discharges to the MS4 of commercial or residential swimming pool or spa filter backwash, filter waste material, or pool or spa water if not dechlorinated or debrominated as verified and approved by the City prior to discharge. Notwithstanding this prohibition, liquid 13 B0785-0001\3119137v1.doc
waste from pool or spa filter backwash can be disposed in the wastewater system, and solid waste from pool or spa filter backwash can be disposed in the solid waste bins as verified and approved by the City prior to discharge;

6. Discharges to the MS4 of runoff from the washing of toxic materials from paved or unpaved areas;

7. Discharges to the MS4 from washing impervious surfaces in industrial or commercial areas, unless specifically required by the state, city, or county health and safety codes, or permitted under a separate NPDES permit;

8. Discharges to the MS4 from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment;

9. Discharges to the MS4 of any pesticide, fungicide, or herbicide banned by the EPA or the California Department of Pesticide Regulation or discharges of a product registered under the Federal Insecticide, Fungicide and Rodenticide Act to any waste stream that may ultimately be released to waters of the United States unless specifically authorized under an NPDES permit. This requirement is not applicable to products used for lawn and agricultural purposes;

10. Disposals of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4;

11. Discharges from commercial window and building wash waters into the MS4, however, liquid and solid waste from wash waters can be collected and discharged into the wastewater system or in solid waste bins respectively as verified and approved by the City prior to discharge;

12. Discharges from sidewalk or street wash waters. However, the City may permit such wash waters if washing is specifically required by state or County health and safety codes or a separate NPDES permit and complies with the following conditions:
a. The sidewalk or street washing discharges only come from the use of high pressure, low volume spray washing using only potable water on an average of 0.006 gallons per square feet of sidewalk.
b. Sidewalk or street washing must involve high pressure and low volume spray washing.
c. Sidewalk or street washing must not involve the use of cleaning agents unless specified for use by state or County health and safety codes.

H. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge. 14 B0785-0001\3119137v1.doc
9-4-505: CONDITIONALLY EXEMPTED DISCHARGES:

Discharges from those activities specifically identified as conditionally exempted in the Municipal NPDES Permit shall not be considered a violation of this Article, provided that any such conditionally exempt discharges are also consistent with other provisions of the Municipal NPDES Permit and:

A. Applicable conditions and BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified discharges; B. The discharger meets all notification, reporting, and recordkeeping requirements; and C. The discharger has conducted all applicable monitoring requirements. 9-4-506: REQUIREMENTS FOR EXISTING PROPERTIES:

Owners and occupants of property or businesses within the City shall comply with the following requirements:

A. Storage of Materials, Machinery, and Equipment.

2. Objects, such as motor vehicle parts, containing grease, oil, or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff.

3. Any materials, equipment, and waste that will produce polluted runoff must be placed in enclosures or areas that are protected from the rain or runoff, including commercial trash bin storage areas.

B. Removal of Debris and Residue.

1. All motor vehicle parking lots located in areas susceptible to runoff shall be swept, at minimum, on a monthly basis to remove debris. Such debris shall be collected and properly disposed. Parking lots with more than ten (10) parking spaces and all public parking facilities shall also be vacuum swept, at minimum, on a quarterly basis, to remove chemical residue.

2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which is located in an area susceptible to runoff, shall be removed immediately and disposed of properly. Household hazardous waste may be disposed of through the Los Angeles County Household Hazardous Waste Program or at any other appropriate disposal site, and shall not be placed in a trash container. 15 B0785-0001\3119137v1.doc
C. Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to City streets or the MS4 is likely or has occurred.

D. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved impervious areas shall be minimized to the maximum extent practicable, and diverted to direct the flow to landscaped areas for infiltration where possible.

E. Food and Liquid Wastes. Food, food packaging and containers, and liquid wastes generated by restaurants, nonresidential food services, and food distribution sources shall be properly disposed and in a manner that prevents such wastes from being discharged to the MS4.

F. Best Management Practices. BMPs shall be used in areas exposed to stormwater for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials that have potential adverse impacts on water quality.

G. Maintenance of Structural BMPs. Structural BMPs required by the City, County, or any state or federal agency shall be properly operated and maintained by property occupants and owners, as specified by an approved SUSMP or LID Plan, or as otherwise determined by the Authorized Enforcement Officer. Records and documentation of such maintenance shall be provided to the Director upon request.
9-4-507: REQUIREMENTS FOR INDUSTRIAL/COMMERCIAL AND
CONSTRUCTION ACTIVITIES:

A. Each industrial and commercial discharger, discharger associated with construction activity, or other discharger described in any general NPDES permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the LARWQCB, shall comply with all requirements of such permit and the provisions of this Article. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such NPDES permit may be required in a form acceptable to the Authorized Enforcement Officer, or designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City.

B. Non-stormwater discharges to the MS4 from industrial, commercial, or construction activities in violation of any applicable NPDES permit or the provisions of this Article are prohibited.

C. Statewide Construction General Permit coverage is required where clearing, grading or excavating that disturbs one (1) or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres.

D. Industrial and commercial dischargers and dischargers associated with construction activities shall implement effective BMPs, including source control BMPs, in accordance with 16 B0785-0001\3119137v1.doc
Table 6 of Part VIII.E. of the Municipal NPDES Permit unless a particular pollutant generating activity does not occur on a facility’s site.
9-4-508: LOW IMPACT DEVELOPMENT REQUIREMENTS FOR NEW
DEVELOPMENT AND REDEVELOPMENT:

A. Objective. The provisions of this section establish requirements for construction activities and facility operations of Development and Redevelopment Projects to comply with the current Municipal NPDES Permit, to lessen the water quality impacts of development by using the U.S.

EPA’s “Smart Growth” practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use.

B. Scope. This section contains requirements for stormwater pollutant control measures in New Development and Redevelopment Projects and authorizes the City to further define and adopt stormwater pollutant control measures, and to develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, alternative compliance measures from the LID requirements for projects that demonstrate technical infeasibility to comply onsite, and collect funds for projects that are granted alternative compliance measures.

C. Applicability. This section applies to the following New Development and Redevelopment Projects listed in Part VIII.F.1 of the Municipal NPDES Permit that are subject to City conditioning and approval:

1. Development Projects subject to LID Standards.
a. New development projects that are in any of the following categories:
i. Projects equal to one (1) acre or greater of disturbed area and adding more than ten thousand (10,000) square feet or more of impervious surface area (collectively over the entire project site); ii. Industrial parks of ten thousand (10,000) square feet or more of surface area; or
iii. Commercial malls of ten thousand (10,000) square feet or more of surface area.

2. Redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) on any of the following:
a. Existing sites of ten thousand (10,000) square feet or more of impervious surface area;
b. Industrial parks with ten thousand (10,000) square feet or more of surface area; or
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c. Commercial malls ten thousand (10,000) square feet or more of surface area.

3. New development and redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) and support one or more of the following uses:
a. Restaurants as defined in SIC 5812;
b. Parking Lots;
c. Automotive service facilities as defined in SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539; or
d. Retail gasoline outlets as defined in SIC code 5541 and NAICS 447110 and 447190.

4. Redevelopment Projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire Project site) on sites with existing impervious surface area of less than ten thousand (10,000) square feet shall implement at least two (2) Simple LID BMPs onsite. Simple LID BMPs eligible to meet this requirement are provided in the Low Impact Development Standards Manual. Examples of Simple BMPs include, but are not limited to, rain barrels, planter boxes, rerouting downspout to landscape areas, and green roofs.

5. Street and road construction of ten thousand (10,000) square feet or more of impervious surface area shall follow U.S. EPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways, and freeway Projects.

D. Considerations for Redevelopment Projects.

The structural BMP performance requirements apply as follows:

1. Where redevelopment results in an alteration to more than fifty percent (50%) of the impervious surface of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, the entire Project must be mitigated and LID standards must be applied.

2. Where redevelopment results in an alteration to less than fifty percent (50%) of the impervious surface of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, only the alteration must be mitigated, and not the entire development. LID standards must be applied to the portion of such Projects being altered.

E. LID Standards Manual. The Director shall prepare, maintain, and update, as deemed necessary and appropriate by the Director, a Low Impact Development Standards Manual (“LID 18 B0785-0001\3119137v1.doc
Standards Manual”), which shall include urban and stormwater runoff quantity and quality control development principles and technologies to achieve compliance with this section. The LID Standards Manual shall include technical infeasibility and implementation parameters, as well as other rules, requirements, and procedures in order to implement the provisions of this Article.

F. Specific Requirements.

Unless otherwise exempted herein or in the Municipal NPDES Permit, all New Development and Redevelopment Projects must satisfy the following performance criteria:

1. New Development and Redevelopment Projects are required to control pollutants and runoff volume from the Project site by minimizing the impervious surface area and controlling runoff through on-site infiltration, bioretention, or rainfall harvest and use in that preferred order, in accordance with the standards set forth in the Municipal NPDES Permit and the LID Standards Manual. High removal efficiency BMPs shall comply with the standards and requirements of the LID Standards Manual.

2. An applicant for a New Development or a Redevelopment Project identified in this Article shall incorporate into the applicant’s Project plans a Low Impact Development Plan (“LID Plan”), which includes those BMPs necessary to control stormwater pollutants from the completed Project. Structural BMPs set forth in the applicant’s Project plans, including the LID Plan, shall meet the design standards set forth in the Municipal NPDES Permit and the LID Standards Manual.

3. All New Development and Redevelopment Projects, unless otherwise exempted herein or in the Municipal NPDES Permit, shall comply with the following Municipal NPDES Permit provisions:
a. BMPs are required for all New Development and Redevelopment Projects identified in this Article to mitigate stormwater pollution, unless alternative measures are allowed as provided in the Municipal NPDES Permit. b. BMPs must be implemented to retain on-site the Stormwater Quality Design Volume (“SWQDv”), defined as runoff from either: (a) the 0.75 inch, twentyfour (24)-hour rain event; or (b) the eighty-fifth (85th) percentile, twenty-four (24)-hour rain event, as determined from the county eighty-fifth (85th) percentile precipitation isohyetal map, whichever is greater. c. BMPs shall meet the design specifications and on-site retention volume outlined in the Municipal NPDES Permit and the LID Standards Manual. d. All New Development and Redevelopment Projects identified in this Article that are either partially or fully unable to retain one hundred percent (100%) of the SWQDv on-site, as determined by the City, due to technical infeasibility as defined in the Municipal NPDES Permit, must implement alternative compliance measures in accordance with the Municipal NPDES Permit. The 19 B0785-0001\3119137v1.doc
infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:
i. The infiltration rate of saturated in-situ soils is less than 0.3 inches per hour and it is not technically feasible to amend the insitu soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining SWQDv onsite;
ii. Locations where seasonal high groundwater is within five (5’) to ten feet (10’) of surface grade;
iii. Locations within one hundred feet (100’) of a groundwater well used for drinking water;
iv. Brownfield development sites where infiltration poses a risk of causing pollutant mobilization;
v. Locations where pollutant mobilization is a documented concern;
vi. Locations with potential geotechnical hazards;
vii. Smart Growth and infill or redevelopment locations where the density or nature of the Project would create significant difficulty for compliance with the onsite volume retention requirement.
e. If partial or complete retention is technically infeasible, the Project site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the LID Standards Manual.
f. Additional alternative compliance options such as offsite infiltration may be available to the Project site. The Project site should contact the City to determine eligibility.
g. The remaining SWQDv that cannot be retained or biofiltered onsite (and offsite alternative compliance measures are technically infeasible) must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit.

Flow-through treatment control BMPs may be used to treat the remaining SWQDv and must be sized and designed to:
i. Filter or treat either:
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1. The maximum flow rate of runoff produced from a
rainfall intensity of 0.2 inch of rainfall per hour, for each hour of a storm event: or

2. The maximum flow rate of runoff produced by the
eighty-fifth (85th) percentile hourly rainfall intensity (for each hour of a storm event), as determined from the local historical rainfall record, multiplied by a factor of two (2).
ii. Qualify for “Enhanced Treatment” certification under the Washington State Department of Ecology’s TAPE Program; or an appropriate future BMP certification developed by the State of California.

G. Issuance of Building Permits. No building permit may be issued for any New Development or Redevelopment Project identified in this section until the Authorized Enforcement Officer confirms the Project plans comply with the applicable requirements of this section.

H. Issuance of Certificates of Occupancy. As a condition for issuing a certificate of occupancy for New Development or Redevelopment Projects identified in this Article, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the Structural BMPs that are shown on the approved project plans and consistent with the LID Plan and to submit a signed certification statement stating that the site and all Structural BMPs will be maintained in compliance with the Municipal NPDES Permit, the LID Plan, and other applicable regulatory requirements.

I. With the exception of Simple LID BMPs implemented on single-family residences, consistent with the Municipal NPDES Permit requirements, Project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices and Structural BMPs. This plan and verification may be included in, but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, or other legally binding maintenance agreements. These maintenance records must be kept on site for Treatment Control BMPs implemented on single-family residences.

J. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMPs.

1. The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMPs meeting the current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor 21 B0785-0001\3119137v1.doc
property owner or lessee conduct maintenance inspections of all Structural Pollutant Control or Treatment Control BMPs at least once a year and retain proof of inspection.

2. For residential properties where the Structural Pollutant Control or Treatment Control BMPs are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance.

3. If Structural or Treatment Control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted.
9-4-509: FEES:

Fees for plan reviews, inspections, violations, corrections, and tasks associated with this Article may be established by resolution of the City Council.
9-4-510: STORMWATER AND NON-STORMWATER RUNOFF POLLUTION EDUCATION PROGRAM:

The Department of Public Works, along with other City departments, shall conduct an informational program to educate the public about the dangers of stormwater and urban runoff pollution and the means of controlling such pollution. The program shall educate residents and business persons who operate within the City about the contents of this Article. 9-4-511: ENFORCEMENT:

A. Violations Deemed a Public Nuisance. A violation of any provision of this Article is declared to be a public nuisance, and the City Attorney is authorized to abate such violation by means of a civil action in addition to whatever other remedies are available to the City under this Code and other applicable laws, rules or regulations. Additionally, the following conditions shall be considered a public nuisance:

1. Any failure to comply with any applicable requirement set forth in Section 9-4-508 or the Municipal NPDES Permit; or

2. Any false certification or verification, or any failure to comply with a certification or verification provided by a Project applicant or the applicant's successor in interest; or

3. Any failure to properly operate and maintain any Structural or Treatment Control BMP on a property in accordance with an approved LID Plan, SWPPP, SUSMP, or similar approved water quality improvement plan, this Article, or the Municipal NPDES Permit.

B. The above listed conditions are hereby determined to be a threat to the public health, safety and welfare, are declared and deemed a public nuisance, and may be abated or restored by any Authorized Enforcement Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. The cost of such abatement 22 B0785-0001\3119137v1.doc
and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. If any violation of this Article constitutes a seasonal or recurrent nuisance, the Authorized Enforcement Officer shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this section shall constitute a public nuisance and a violation of this Article.

C. Inspections.

1. Inspections By Authorized Enforcement Officer. Whenever necessary to make an inspection to enforce any of the provisions of this section, or whenever an Authorized Enforcement Officer has reasonable cause to believe that there exists on any construction site any condition which constitutes a violation of the provisions of this section, the Authorized Enforcement Officer may, upon consent or upon obtaining an inspection warrant, enter such construction site at all reasonable times to inspect the same or perform any duty imposed upon the officer by this section.

2. Basis. Routine or area inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this Article, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, discharges of non-stormwater to the MS4, discharges which are not pursuant to an NPDES permit, or similar factors.

3. Right to Inspect. Prior to commencing any inspection as herein below authorized, an Authorized Enforcement Officer shall obtain either the consent of the owner, the owner’s authorized representative or the occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.

4. Entry to Inspect. An Authorized Enforcement Officer may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or any other part of the MS4 located within the jurisdiction of the City.

5. Compliance Assessments. An Authorized Enforcement Officer may inspect property for the purpose of verifying compliance with this Article, by means including, but not limited to (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (b) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (c) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (e) locating any illicit connection or the source of prohibited discharge; and (f) evaluating compliance with any permit issued relating to a discharge to the stormwater drainage system.

6. Portable Equipment. For purposes of verifying compliance with this Article, an Authorized Enforcement Officer may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

7. Records Review. An Authorized Enforcement Officer may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material or chemical inventories, facilities maps or schematics and 23 B0785-0001\3119137v1.doc
diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

8. Sample and Test. An Authorized Enforcement Officer may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. An Authorized Enforcement Officer may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. An Authorized Enforcement Officer may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

9. Monitoring. An Authorized Enforcement Officer may erect and maintain monitoring devices for the purpose of measuring or sampling any discharge or potential source of discharge to the stormwater drainage system.

10. Test Results. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by an Authorized Enforcement Officer.

D. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall constitute a violation of such provision.

E. Civil Actions. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies:

1. A temporary or permanent injunction.

2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection E.

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.

4. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life.

F. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this Article, any Authorized Enforcement Officer has the authority to utilize the following administrative remedies:
24 B0785-0001\3119137v1.doc

2. Notice To Clean. Whenever an Authorized Enforcement Officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-stormwater discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

G. Penalties. Except as otherwise specifically provided, any violation of this Article may be prosecuted as a misdemeanor, infraction, or pursuant to the administrative citation procedures set forth in Title 1 of this Code. Each day that a violation continues shall constitute a separate offense.

H. Permit Revocation. To the extent the City makes a provision of this Article or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code.

I. Burden of Proof. In an enforcement action, the burden of proof shall be on the person who is the subject of such action to establish that the reduction or elimination of the discharge to the maximum extent practicable has been accomplished through compliance with the best management practices available, including applicable monitoring, notifications and reporting requirements.

J. Remedies. Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.”
Section 2. CEQA. The City Council has determined that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)) covering activities with no possibility of having a significant effect on the environment.

Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, 25 B0785-0001\3119137v1.doc
such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

SHARONA R. NAZARIAN, PsyD
Mayor of the City of Beverly Hills,
California
ATTEST:
_______________________________(SEAL)

HUMA AHMED
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager

SHANA EPSTEIN
Director of Public Works Services
Attachment 2

CITY OF BEVERLY HILLS

PUBLIC WORKS DEPARTMENT

MEMORANDUM
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TO: Public Works Commission Liaison
FROM: Josette Descalzo, Environmental Compliance and Sustainability Programs Manager
Robert Welch, P.E., Utilities General Manager
DATE: March 26, 2025
SUBJECT: Amending the Stormwater and Urban Runoff Pollution Control (Stormwater Municipal Code)
ATTACHMENTS: 1. Stormwater Program Background Information

2. November 10, 2022 Staff Report

3. Draft Ordinance

4. Draft Ordinance Redline

RECOMMENDATION
Staff recommends the Public Works Liaison recommend to amend the Stormwater Ordinance for City Council consideration by updating the language of the municipal code to be consistent with the requirements of the Municipal Separate Stormwater Sewer System (MS4) permit issued by the State Water Resources Control Board.

BACKGROUND
The City’s urban runoff and stormwater discharges are subject to water quality standards prescribed in the Municipal Separate Stormwater Sewer System (MS4) permit. The MS4 permit issued by the State Water Resources Control Board – Los Angeles Region (Regional Board) to Los Angeles and Ventura County cities (Permittees) to comply with the Federal Clean Water Act (CWA). The MS4 permit requires Permittees to implement municipal code, programs, and infrastructure to meet the water quality standards for the Ballona Creek watershed.

The City of Beverly Hills has implemented the requirements of the MS4 permit and have updated its programs and needs to update the municipal code to be consistent with the 2021 MS4 permit. Attachment 1 summarizes the current stormwater program.

Staff presented the item to the Public Works Commission (Commission) for amendment consideration at the November 10, 2022, meeting (Attachment 2). The goal of amending the Stormwater Municipal Code was to align it with the requirements of the 2021 MS4 permit. The updated requirements include language clarification on definitions, prohibited and exempted discharges, Best Management Practices (BMP) requirements for property owners and lowering the trigger threshold for Low Impact Development (LID) BMPs on new and redevelopment projects. Amending the municipal code a few years after the 2021 MS4 permit was adopted does not put the City out of compliance because the 2021 MS4 permit did not put a timeline when municipal codes need to be updated. However, the MS4 permit requires Permittees to amend their municipal code to align with the latest version of the permit. The Commission supported staff’s proposal to amend the ordinance.
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On August 8, 2024, staff presented the draft ordinance to the Commission for recommendation to move forward to the Public Works Liaison. The Commission unanimously recommended the amendment to move forward for Public Works Liaison consideration.

DISCUSSION
The Draft Ordinance (Attachment 3) incorporates the feedback received from the Commission regarding aligning the municipal code to the MS4 permit. The feedback includes clarifying language related to permissible pool filter backwash discharge location, BMP requirements to prevent pollutant runoffs from commercial activities and most importantly aligning (lowering) the LID threshold for development projects.

A redlined version of the Draft Ordinance (Attachment 4) is attached that illustrates the amendments. Below is a summary of each section of the Draft Ordinance with a brief description of the key changes made:

1. 9-4-501 Findings - The article is updated referring to the 2021 MS4 Permit as the basis for the municipal code update and clarification language on the responsibilities of the Permittee (City) and the provisions of the municipal code are reasonable and essential to controlling the quantity and quality of stormwater and urban runoff in a cost-effective manner and to the maximum extent practicable.

2. 9-4-502 Purpose – This article promotes the future health, safety, and general welfare of the residents of the City and the water quality of the receiving waters (Ballona Creek) of the County and surrounding coastal areas (Santa Monica Bay) pursuant to federal requirements.

3. 9-4-503 Definitions - Clarifies existing definitions and adds definitions for terms that are in the 2021 MS4 permit and currently not included in the municipal code. Examples of key terms are: Biofiltration, California Regional Water Quality Control Board, Industrial Activity, Los Angeles Region (“Los Angeles Water Board’), Construction, Low Impact Development (LID), Municipal NPDES Permit, National Pollutant Discharge Elimination System (“NPDES”) Permit, Project, Redevelopment, Runoff, Simple LID BMP, SWPPP (Stormwater Pollution Prevention Plan)

4. 9-4-504 Prohibited Activities – This article lists prohibited connections, discharges and activities that cause pollutants to enter the storm drain system. Prohibited discharges include but are not limited to non-stormwater discharges such as:
a. Construction materials
b. Debris
c. Pool and spa discharges
d. Pool and filter backwash
e. Liquid waste from building and street washing, and sewer waste.

The article provides clarification regarding pool, spa and filter backwash discharges. The Draft Ordinance clarifies language requiring pool and spa discharges to be dechlorinated and dibrominated. Filter backwash can be discharged to the sewer system or solid waste bin containers with prior approval from the City. The article also clarifies that commercial buildings/windows and sidewalk washing activities are permissible only if the wash waters can be collected and discharged into the wastewater system or in solid waste bins respectively as verified and approved by the City prior to discharge. City approval 3 of 6
is required because the Wastewater Municipal Code prohibits unauthorized persons from opening sewer maintenance access holes. Staff do not anticipate this clarification to be burdensome to dischargers because pool inspections prior to discharges have been required by the City for approximately 20 years. It is through the current inspection process that the City will implement this modification. 9-4-505 Conditionally Exempted Discharges - This article references the section of the 2021 MS4 permit for conditionally exempted discharges. Overall, conditionally exempted discharges are contingent upon implementing the appropriate BMP. The article also requires the City and discharger to notify and keep records of discharges.

5. 9-4-506 Requirements for Existing Properties – This article details the responsibilities of owners and occupants to prevent and remove pollutants from entering the storm drain system. Owners and occupants are responsible for properly storing materials and managing waste from runoff. Installing and using secondary containment and enclosures are examples of appropriate BMPs. In addition, owners and occupants are required to remove debris and residue on property prior to reaching the storm drain system, such as oil from motor vehicles, animal waste, chemical residue, septic, liquid, and food waste. This article also requires BMP implementation such as washing, vacuuming and street sweeping on areas exposed to runoff. This article also requires the maintenance of structural on-site BMPs like area drain filters. The City has continually educated property owners to be mindful of managing their pollutants through continuous educational and outreach methods; and to publicize AskBH for reporting improper waste management.

6. 9-4-507 Requirements for Industrial/Commercial and Construction Activities – This article includes general provisions for industrial, commercial, and construction activities that includes requirements to enroll for individual NPDES permit required by the State Water Resources Control Board or the Regional Board. Construction activities are required to comply with its individual NPDES permit through the implementation of acceptable BMPs to control sediment runoff, construction, liquid, and material waste.

7. 9-4-508 Low Impact Development Requirements for New Development and Redevelopment – The objective of this article is to update the numeric trigger that would require Low Impact Development (LID) for new and redevelopment projects. Under the existing Municipal Code and previous MS4 permits, new development and redevelopment projects are already required to lessen their water quality impacts by using smart growth practices and integrating standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. These practices are also known as LID practices. LID practices are required based on the impervious surface area created or replaced in new development and redevelopment projects. Each type of project has its own LID numeric trigger criteria. To contextualize the LID criteria, it is important to be familiar with the definitions of new development and redevelopment projects and the LID criteria of each type of project. New development projects are defined as land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land division. LID is required for new development projects if they fall into the following categories:
a. Projects equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet or more of impervious surface area (collectively over the entire project site)
b. Industrial parks of 10,000 square feet or more of surface area 4 of 6
c. Commercial malls of 10,000 square feet or more of surface area d. Restaurants, parking lots, automotive service facilities and retail gasoline outlets that create and/or replace 5,000 square feet or more surface area.

The existing Municipal Code requires these types of projects to implement LID BMPs.

On the other hand, redevelopment is defined as a land-disturbing activity that results in the creation, addition, or replacement of impervious surface area on an already developed site. Since the City is built-out, all development projects fall under the redevelopment project LID numeric trigger.

LID is required for redevelopment projects if they fall into the following categories:
a. Projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site) that had an existing 10,000 square feet or more of impervious surface area (residential, commercial, and industrial development projects)
b. Projects that create and/or replace 5,000 square feet or more of impervious surface area (collectively over the entire project site) on sites with existing impervious surface area of less than 10,000 square feet c. Restaurants, parking lots, automotive service facilities and retail gasoline outlets that create and/or replace 5,000 square feet or more surface area Projects subject to LID requirements have specific LID design criteria except for redevelopment projects that have existing impervious surface area less than 10,000 square feet (See b above). Sections 9-4-508 (E)(1-4) lists those requirements.

Requirements include utilizing the LID standards prescribed in the MS4 Permit and LID Standards Manual, which is the Los Angeles County LID Manual, and the LID performance criteria, which is retaining the runoff from the impervious surface area from the ¾ inch, 24-hour rain event or the 85th percentile, 24-hour rain event.

Redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface area (collectively over the entire Project site) on sites with existing impervious surface area of less than ten thousand (10,000) square feet shall implement two simple LID BMPs rather than meeting the design criteria. This requirement is stricter than the 2021 MS4 permit. However, two simple LID requirements have been implemented by the County of Los Angeles, City of Los Angeles, and West Hollywood.

Examples of simple BMPs are rain barrels, planter boxes and directing runoff to vegetative areas.

8. 9-4-509 Fees – This article declares there are fees for plan reviews, inspections, violations, and corrections associated with the ordinance.

9. 9-4-509 Stormwater and Non-Stormwater Runoff Pollution Education Program – This article describes that the Public Works Department and along with other City departments are required to conduct a stormwater pollution prevention education program to its residents, businesses and developers that live and operate in the City.

10. 9-4-511 Enforcement – This article describes the various mechanisms available for the City to enforce the ordinance. Inspections, cease and desist orders, administrative fines, civil actions, notice to clean and penalties under the Beverly Hills Municipal Code are available for use based on the severity of the violation. 5 of 6
Analysis
The Draft Ordinance aligns with the requirements of the 2021 MS4 permit. The Draft Ordinance clarifies necessary languages that requires the City, property owners and development projects to implement policies, inspection programs, best management, and LID practices to reduce the number of pollutants entering the storm drain system. For example, language clarification in Sections 9-4-504 and 9-4-506 provides clear policies requiring commercial property owners to build enclosures to protect materials, equipment, and waste from generating polluted runoff during a rain event. Clarification languages are also requiring inspections for pool/spa and filter backwash discharges to prevent non-treated (chlorinated and brominated) and pollutant discharges from entering the storm drain system. The inspection requirement also allows the City to direct these types of discharges appropriately to landscape areas for irrigation purposes or direct it to the sewer system where it can be treated for beneficial use at the Hyperion Wastewater Treatment Plant or the solid waste bin.

Currently, the City has already been enforcing the proposed clarification languages in Sections 9-4-504 and 9-4-506 during inspections and meetings with residents, businesses, and developers. Residents, businesses, and developers understand the additional requirements are within the spirit of the ordinance and non-onerous and therefore are complying with the City’s requests. Adopting the clarification languages is a formal procedure to codify the requirements.

Section 9-4-508 aligns with the LID trigger criteria and design requirements with the 2021 MS4 permit. Lowering the LID trigger for redevelopment projects are projected to enhance the City’s pollution prevention and water conservation efforts by essentially requiring all redevelopment projects to manage runoff through a variety of BMPs that can treat, capture, and supplement irrigation water supply for development projects. Staff anticipates that LID will be required to mostly all redevelopment projects. On an average year, there are approximately 50 redevelopment projects permitted in the City. With the proposed amendment, all of these projects will be required to implement LID, which will be a significant increase from the current average of 10 redevelopment projects requiring LID under the current municipal code. The Draft Ordinance LID trigger criteria is not expected to be onerous to project developers because the LID manual provides a variety of LID practices to choose from and City staff educates them during the plan review process. The LID BMP requirements are arranged in from least costly to more expensive options starting with infiltration, biofiltration and rainfall harvest (cisterns). To lessen the LID costs, staff have also directed developers to utilize Metropolitan Water District’s Turf Replacement Program for potential incentives for landscape/stormwater features. For simple LID practices, homes can disconnect roof drains and direct them to landscape or they can purchase rain barrels. Rain barrel price can be as low as $120 or as high as $5,000 which is generally dependent on the size. Rebates for cisterns and rain barrels are range from $35- $350 based on the size and is also available through Metropolitan Water District’s conservation program. The Draft Ordinance criteria has been implemented by numerous cities including nearby cities of Los Angeles, Santa Monica, and West Hollywood.

OUTREACH
Since the Public Works Commission supported to move forward with amending the municipal code in August 8, 2024, the City’s AskBH team has been updated with the future requirements and have connected community members directly to inspectors to make sure discharges are managed properly and BMPs are implemented accordingly. In terms of potential new LID requirements, staff is informing developers of the potential update and developing updated factsheets. In addition, staff is including LID design tips with the Water Efficiency Program where project developers can utilize water efficient landscape incentives from MWD and water efficient 6 of 6
landscape design that utilizes urban runoff as an alternative water resource and reducing water consumption for irrigation.

NEXT STEPS
If the Public Works Liaison supports moving forward the Draft Ordinance for City Council adoption, staff will schedule the item to be heard by the City Council for consideration in the Spring of 2025.

ATTACHMENT 1
Historical Background and Current Beverly Hills Stormwater Program The City’s Stormwater Program was established in the mid-1990’s to meet the requirements of the 1996 MS4 permit. The 1996 MS4 permit named the Los Angeles County Flood Control District, the County of Los Angeles, and the 84 incorporated cities within the Los Angeles County Flood Control District (known as Permittees) as individual Permittees. Since then, there have been three iterations of the MS4 permit. Each iteration has included additional requirements and provided temporary compliance pathways for Permittees. Each Permittee is required to implement a stormwater program that meets water quality standards for each watershed. Permittees were also assigned to participate in a Watershed Management Committee (WMC) to address regional watershed requirements. These requirements are water quality monitoring and reporting, regional planning and infrastructure projects that would retain stormwater volume to meet water quality standards.

Generally, Permittees implement Best Management Practices (BMPs) to reduce pollutant loading in order to meet water quality standards. Key BMPs include, but not limited to:

1. Education and Outreach

2. Adopting local regulations (Municipal Code)

3. Municipal infrastructure improvements to retain or treat polluted stormwater runoff (for example Burton Way Median and Santa Monica Boulevard Green Streets)

4. Municipal infrastructure maintenance and cleaning

5. Construction development BMP requirements

6. Development Planning BMPs requirements

7. Regional Collaboration and Projects
As a Permittee, Beverly Hills established a Stormwater Program that has the following elements:

1. Public Information and Participation: Educational and Outreach Program

2. Development Planning and Construction: Require BMPs in development projects.

3. Regional participation with the Ballona Creek Watershed Management Group (BCWMG)/WMC

4. Public Agency Activities: Street sweeping, catch basin and storm drain cleaning, sidewalk cleaning, commercial and industrial facility inspections, catch basin screens and Capital Improvements.

5. Illicit Connection/Illicit Discharge Elimination Program - preventing and enforcing ceased and desist orders for pollutant discharges.

The Stormwater Program resides in the Public Works Department. The program is funded by the Stormwater Enterprise Fund and supplemented by the General Fund and the Municipal Program Funds from the Safe Clean Water Program (County parcel tax). The Stormwater Fee is assessed to residential, commercial and industrial utility customers within Beverly Hills. The last fee was established in 1996 and has not been increased since then because State statute requires stormwater fees go through a ballot initiative.

The program is led by the Environmental Compliance and Sustainability Programs Manager (Manager) and supported by two Environmental Compliance Inspectors (Inspectors).

The Stormwater Program consists of five subprograms that are listed above. Each subprogram is important to achieving water quality standards. Below summarizes the functions of each subprogram.

1. The Public Information and Participation: The program consists of creating and distributing educational materials to residents, businesses, and project developers. Recent ATTACHMENT 1
educational campaigns were Only Rain Drains in the Storm Drain and No Dumping. A reporting hotline, previously 310-285-2467 and now 310-285-1000, was established to report trash and water discharges to the Public Works Department. Continuous educational efforts are present at Earth Day, Public Works Day, and other City events.

Lastly, the City utilizes inspection requests, enforcement actions and plan review process as part of its educational program.

2. The Development Planning and Development Construction: The program consists of adopting ordinances, plan reviews and inspections that are required for new and redevelopment projects. The program requires appropriate Best Management Practices (BMPs) that would reduce pollutant runoffs during construction activities and postconstruction of the project site. The program utilizes the Low Impact Development (LID) policies to require numerical performance standards in designing on-site BMPs such as infiltration, biofiltration, rainwater capture and re-use or treatment. LID policies are projected to achieve seven percent (7%), or 4.6 acre-feet of BMP capacity. On average, twenty percent (10 projects) of the annual development projects (50 projects) reviewed by the City are subject to LID requirements. Thus far, the LID requirements have created approximately 1.0 acre-feet (326,000 gallons) of BMP volume capacity.

3. Ballona Creek Watershed Management Group (BC-WMG)/Watershed Management Committee (WMC) – This program consists of the City’s participation in regional monitoring, reporting, and planning activities and regional facilities requirements of the MS4 permit. The BC-WMG is comprised of the cities of Beverly Hills, Culver City, Inglewood, Los Angeles, West Hollywood, Santa Monica, and the unincorporated Los Angeles County. The City of Los Angeles serves as the lead agency for the BC-WMG because Los Angeles is approximately 85% of the watershed. Los Angeles also has the capacity bandwidth to perform the various technical requirements for monitoring, reporting and regional planning. The BC-WMG was established in the early 2000’s to establish regional collaboration to meet the watershed requirements of the MS4 permit listed above.

There are costs associated with regional requirements; and the BC-WMG established a cost-sharing formula that uses the member’s percent land area within the watershed (percent) as it’s cost responsibilities. The City of Beverly Hills’s cost-sharing percent on all regional costs is approximately less than five percent (< 5%).

The BC-WMG has implemented regional plans and projects. Below are the recent regional plans and projects approved by the Regional Board:

1. Coordinated Integrated Monitoring Plan (CIMP) – Water quality sampling and reporting.

2. Enhanced Watershed Management Plan (EWMPs) and Watershed Management Plan (WMPs) - Regional planning to achieve water quality standards through regional projects, green streets, and LID.

3. Three Dry-Weather treatment facilities to reduce bacteria loading with an estimated cost of $77M.

4. Regulatory reporting – Submit bi-annual reporting.

4. Public Agency Activities: The program consists of the five activities that are implemented in the Public Works Department. These activities are:

ATTACHMENT 1
a. Street Sweeping – Consists of a 6-day a week city-wide street sweeping schedule.

The activity has consistently prevented approximately 1,000 tons of debris from entering the storm drain annually.
b. Trash Prevention – Consists of our residential, commercial and alley maintenance solid waste program. Keeping our solid waste properly collected prevents trash from entering the storm drain annually.
c. Catch Basin and Storm Drain Maintenance - Consists of installing mesh screens in approximately 1500 catch basins throughout the City and cleaning the storm drain system. Approximately 2-3 tons of debris are collected from the system. d. Industrial and Commercial Facilities Inspection – Consists of inspecting approximately 300 facilities annually for material, equipment, and waste management so that it is not at risk of producing polluted runoff. e. Green Infrastructure – Consists of planning and constructing multi-benefit green infrastructure to prevent polluted urban runoff, enhance water conservation efforts and increase the greening of Beverly Hills. The City of Beverly Hills needs to achieve 87 acre-feet of BMP capacity to meet water quality standards in Ballona Creek. Thus far, the City has achieved 14 acre-feet of BMP capacity through the following projects and initiative.
i. Burton Way Median Project: 7.6 acre-feet
ii. Santa Monica Boulevard Green Streets: 1 acre-feet
iii. Culver Median Project: 4.4 acre-feet
iv. Residential and Commercial LID Projects: 1 acre-feet Additional green infrastructure projects are integrated into future CIP projects and are listed in the City’s Stormwater Compliance Master Plan.

5. Illicit Connection and Illicit Discharge – Consists of responding to discharges and investigating suspected connections to the storm drain system. Last year, the Environmental Inspectors responded to 209 reported discharges and ceased all reported cases. Through the catch basin cleaning program, the City has verified connections to the storm drain systems. This activity is also an extension of the City’s educational program.

CITY OF BEVERLY HILLS

PUBLIC WORKS DEPARTMENT

MEMORANDUM
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TO: Public Works Commission
FROM: Josette Descalzo, Environmental Compliance and Sustainability Programs Manager
Robert Welch P.E., Utilities General Manager
DATE: November 10, 2022
SUBJECT: Proposed Stormwater Ordinance Amendment

RECOMMENDATION
Staff is requesting the Commission’s feedback on the proposed amendments especially on implementing a lower Low Impact Development (LID) criterion for development projects. If the Commission approves the proposed amendments, a draft ordinance will be presented for recommendation in the first quarter of 2023.

DISCUSSION
The City’s urban runoff and stormwater discharges are subject to water quality standards prescribed in the 2021 Municipal Separate Storm Sewer System (MS4) Permit. Essentially, the MS4 Permit requires permittees to implement the following to comply with the water quality standards:

1. Construct stormwater infrastructure to capture and treat urban runoff ( Stormwater Quality Master Plan) and;

2. Adopt local regulations prohibiting polluted discharges from entering the storm drain system.

The City is complying with these requirements by adopting a Stormwater Quality Master Plan and Stormwater and Urban Runoff Control Ordinance (Stormwater Ordinance).

The purpose of the Stormwater Ordinance is to prohibit polluted discharges, require Best Management Practices (BMPs) on common activities, including building and sidewalk washing, pool and spa discharges, construction and development project requirements, inspections and enforcement. The MS4 Permit allows local ordinances to be more stringent than the permit requirements.

The proposed amendments for consideration are intended to refine the following sections:

1. Prohibited Discharges: Add certain common city activities and requirements.

2. Requirements for Existing Properties

3. Lowering the LID Criterion on Development Projects:
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Prohibited Discharges: In general, non-stormwater discharges are prohibited in the Stormwater Ordinance. Common activities like sidewalk washing, mobile car washes, pool and spa discharges and construction runoff are prohibited under this section. However, washing building infrastructure and draining of pool/spa are necessary to maintain infrastructure and maintain public health. The proposed ordinance amendment would codify that:

1. Commercial window and building washing are prohibited unless BMPs are implemented to capture and reduce runoff from the activities.

2. Discharges of commercial and residential swimming pool/spa filter backwash to the storm drain system or pool water are prohibited if not dechlorinated/debrominated as verified by the City prior to discharge.

3. Sidewalk washing is prohibited unless it is specifically required by the State’s or the City’s or Los Angeles County’s health and safety codes or permitted under a separate NPDES permit.
a. Sidewalk or street washing discharges should only be from the use of high pressure, low volume spray washing using only potable water. The high pressure, low volume, spray washing should use on average 0.006 gallons per square feet of sidewalk.
b. The use of high pressure, high volume for sidewalk or street washing is prohibited.
c. No cleaning agents is used unless specified for use by health and safety codes The purpose of amending this section is to provide clarity on permissible activities and enforcement for such discharges.

Requirements of Existing Properties: In general, materials equipment and waste are required to be placed in a container or additional spill containers to prevent exposure to runoff during a storm event. Staff has seen many instances that materials are exposed to precipitation and produce polluted discharges. The proposed amendment would be specify BMP requirements on material storage and disposal. The proposed amendment would:

1. Require the placement of materials, equipment and waste that will produce polluted runoff in enclosures or areas that are protected from rain.

2. Food, Food Packaging and Containers and Liquid Wastes. Food and liquid wastes generated by restaurants, nonresidential food service and food distribution sources shall be properly disposed of in a manner so such wastes are not discharged to the MS4.

The proposed amendment will provide criteria guidelines for enforcement and project plan review for building permits that will require projects to properly design adequate space for material and waste storage. It will also allow the City to require additional BMPs as necessary to manage any potential runoff from materials and waste.
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Planning, Land Development Program Requirements for New and Redevelopment Projects:

Low Impact Development
EPA, State and Regional Water Quality Control Boards recognize that land development continually degregate water quality. Therefore, the MS4 Permit require BMP provisions during construction activities and post-construction (built structure).

Post-construction BMP requirement is also known as Low Impact Development (LID). LID is a term used to describe land planning and engineering design approach to managing stormwater runoff as part of green infrastructure. Examples of LID techniques include infiltration, bioinfiltration, capture and re-use and filtration. These techniques reduce or remove pollutants from entering the storm drain system and plays a critical part in achieving water quality standards. In the City’s Stormwater Quality Master Plan, residential and commercial LID accounts for 4.6 acre-feet (AF) of BMP capacity towards compliance.

Currently LID is not required for all development projects. LID is required for single-family residential (SFR) that creates, removes, or replaces 10,000 square feet (SF) of impervious surface area and 5,000 (SF) for non-SFR projects. Since the adoption of the LID requirement in 2015, LID has accounted for 1.28 AF of BMP capacity.

The 2021 MS4 permit lowered the impervious surface area threshold for SFR and Non-SFR to 5,000 SF on a project having 10,000 SF of existing impervious surface area. Therefore, it is recommended to amend the City’s code to be consistent with the MS4 permit:

1. Single-Family Residential (SFR) and Non-SFR subject to LID: Addition or replacement of 5,000 SF of impervious surface areas collectively on a project equal to or greater than 10,000 SF of existing impervious surface area.

2. For projects subject to the LID standards the following rules shall apply:
a. SFR or non-SFR projects that alter more than fifty percent (50%) of the existing property would be required to implement LID on the entire project site. b. SFR or non-SFR projects that alter less than 50% of the existing property will be required to implement LID on the portion being altered.

The 2021 MS4 permit is silent on projects not reaching the LID threshold. In order to capture most of these projects, staff is proposing to add the following provisions to the ordinance:

1. For projects not subject to the LID standards, the project must implement two simple BMPs such as porous pavement, downspout routing to rain barrels or rain gardens, disconnection of impervious surfaces and other applicable BMPs.

Similar provisions have been adopted by some cities and County of Los Angeles.

By amending this section of the ordinance, the City has an opportunity to maximize its stormwater runoff management and positively affect our water conservation efforts by utilizing stormwater for beneficial use.
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Next Steps:

If the Commission approves the general framework of the proposed amendment, staff will present a draft amendment in the first quarter of 2023 for recommendation to the City Council.

Then, staff will start updating its FAQ sheets for affected stakeholders. 1 ORDINANCE NO. 15-O-______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS, CALIFORNIA
AMENDING ARTICLE 5 (STORMWATER AND URBAN RUNOFF
POLLUTION CONTROL) OF CHAPTER 4 OF TITLE 9 OF THE

BEVERLY HILLS MUNICIPAL CODE TO REVISE LOW IMPACT

DEVELOPMENT REQUIREMENTS AND INCLUDE ADDITIONAL

REVISIONS PURSUANT TO THE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS

FOR THE MUNICIPAL SEPARATE STORM SEWER SYSTEM

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

The City Council finds and declares that:

A. Congress has determined that pollutants contained in stormwater and urban runoff are responsible for environmental degradation of oceans, lakes, rivers, and other waters of the United States.

B. The amended federal Clean Water Act (33 U.S.C. § 1251 et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (“NPDES”) requirements to stormwater and urban runoff discharged into municipal storm drain systems.

C. Stormwater and urban runoff flow from individual properties onto streets, then through storm drains passing through the City.

D. The City is a co-permittee under the California Regional Water Quality Control Board, Los Angeles Region (“LARWQCB”) Order No. R4-2021-0105, effective September 11, 2021, which establishes 2021 MS4 NPDES Permit No. CAS004004, the "Waste Discharge Requirements and National Pollutant Discharge Elimination System (“NPDES”) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties,” and any successor permit (the “Municipal NPDES Permit”). As a co-permittee, the City is required to implement and enforce the permit requirements against dischargers to the MS4 for their contributions of pollutants and flows.

1. Reducing the discharge of pollutants in stormwater to the maximum extent practicable;

2. Effectively prohibiting non-stormwater discharges to the MS4; and

3. Controlling such pollutants through other provisions deemed appropriate by the LARWQC.

B. The intent of this Article is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal NPDES Permit. 3 C. This Article is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction as required by the Municipal NPDES Permit, and thereby fully comply with the terms of the Municipal NPDES Permit in a timely manner.

D. This Article also sets forth requirements for the construction and operation of certain “commercial development,” “new development” and “redevelopment” and other Projects (as further defined herein), which are intended to ensure compliance with the stormwater mitigation measures prescribed in the current version of the Municipal NPDES Permit, a copy of which is on file in the office of the City Clerk.

AREA SUSCEPTIBLE TO RUNOFF: Any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.

AUTHORIZED ENFORCEMENT OFFICER: The Director of Public Works.

BASIN PLAN: The LARWQCB Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties.

BENEFICIAL USE: The existing or potential uses of receiving waters as designated by the LARWQCB in the Basin Plan.

The term “biofiltration” as used in this Article is defined to include only systems with an underdrain designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs (subject to approval by the LARWQCB’s Executive Officer). Biofiltration BMPs, unlike bioretention BMPs, include bioretention systems with an underdrain and bioswales.

A BMP designed or constructed with an underdrain is regulated by the Municipal NPDES Permit as a biofiltration BMP.

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“STATE WATER BOARD”):

A branch of the California Environmental Protection Agency that coordinates with Regional Water Quality Control Boards such as the LARWQCB to establish water quality standards.

CONSTRUCTION: Any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance, including structure tear-down and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair or restoration work, maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); interior remodeling with no outside exposure of construction material or construction waste to stormwater; mechanical or sign permit work; or clearing or grubbing of vegetation for landscape maintenance which is not 5 associated with a larger construction Project. See the definition of “Routine Maintenance” for further explanation.

CONTROL: The minimization, reduction, elimination, or prohibition of discharge of a pollutant from an activity by technological, legal, contractual or other means.

DIRECTOR: The Director of Public Works.

DISCHARGE: When used without qualification, the term refers to the discharge of a pollutant.

DISCHARGE OF A POLLUTANT: Any addition of any pollutant or combination of pollutants to waters of the United States from any point source or, any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term ”discharge of a pollutant” includes additions of pollutants into waters of the United States from:
surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately-owned treatment works.

DISTURBED AREA: An area that is altered as a result of clearing, grading, or excavation, unless altered solely for the purposes of landscape maintenance or fire prevention.

HILLSIDE: Property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25%) or greater and where grading contemplates cut or fill slopes.

ILLICIT CONNECTION: Any man-made conveyance that is connected to the MS4 without a permit, excluding roof drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. 6 ILLICIT DISCHARGE: Any discharge to the MS4 that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This term includes all non-stormwater discharges, except authorized non-stormwater discharges; conditionally exempt non-stormwater discharges; and non-stormwater discharges resulting from natural flows specifically identified in the Municipal NPDES Permit.

INDUSTRIAL ACTIVITY: Any public or private activity associated with any of the 11 categories of activities defined in title 40, section 122.26(b)(14) of the Code of Federal Regulations.

INFILTRATION: The downward entry of water into the surface of the soil.

INSPECTION: The entry and the conducting of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements.

The steps involved in performing an inspection, include, but are not limited to:

A. Pre-inspection documentation research;
B. Request for entry;
C. Interview of property owner, resident or occupant(s); D. Property walk-through;
E. Visual observation of the condition of property;
F. Examination and copying of records as required;
G. Sample collection (if necessary or required);
H. Exit discussion (to discuss preliminary evaluation) as appropriate; and I. Report preparation, and if appropriate, recommendations for coming into compliance.
7 LOW IMPACT DEVELOPMENT (“LID”): The implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, or 3) harvest and use precipitation near to where it falls to earth.

MUNICIPAL NPDES PERMIT: The current MS4 NPDES Permit No. CAS004004, Order No. R4- 2021-0105 ("Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties") and waste discharge requirements, issued by the LARWQCB, and effective September 11, 2021.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“NPDES”) PERMIT: A permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board pursuant to California Water Code section 13370 as part of the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA sections 307, 402, 318, and 405.

NEW DEVELOPMENT: Land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

NON-STORMWATER DISCHARGE: Any discharge to the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater, including, but not limited to, wash water.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (“NAIC”) CODE: A unique numerical code assigned to categorize businesses in different industries, and the current standard 8 used by federal statistical agencies. The Municipal NPDES Permit regulates establishments assigned specific SIC or NAICS codes.

PARKING LOT: Land area or a facility for the parking or storage of motor vehicles used for businesses, commerce, industry or personal use.

A. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge).

The term “pollutant” shall not include uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term “pollutant” also shall not include any substance identified in this definition, if through compliance with the BMPs available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the BMPs available.

PROJECT: All development, redevelopment, and land disturbing activities.

RAINFALL HARVEST AND USE: A LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department. 9 REDEVELOPMENT: A land-disturbing activity that results in the creation, addition or replacement of impervious surface area on an already developed site. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint; (2) addition or replacement of a structure; (3) replacement of impervious surface that is not part of a routine maintenance activity; and (4) land-disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils. Retail Gasoline Outlets subject to this Article are assigned SIC code 5541 and NAICS 447110 and 447190.

ROUTINE MAINTENANCE: This term includes, but is not limited to, projects conducted to:

A. Maintain the original line and grade, hydraulic capacity, and original purpose of facility; B. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities;
C. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts;
D. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards and regulations regardless of such projects result in increased capacity;
E. Repair leaks;
F. Conduct landscaping activities without changing existing or natural grades; and G. Conduct brush cleaning and grubbing for fire prevention. ”Routine maintenance” does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

RUNOFF: Water from rain and outdoor water use, including stormwater or non-stormwater, that drains from any impervious surface to the storm drain system rather than soaking into the ground.

SIMPLE LID BMP: A BMP constructed above ground on a property that can be readily inspected by a property owner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit, as opposed to Structural BMPs required to meet the specific performance criteria for retention or biofiltration. Examples of such BMPs include, but 10 are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement.

SITE: The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

STORMWATER POLLUTION PREVENTION PLAN (“SWPPP”): A plan required for projects subject to requirements under the State Water Board general permits for stormwater discharges, including the Construction General Permit or Industrial General Permit. The plan identifies potential pollutant sources and describes the design, placement, and implementation of BMPs in order to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from subject activities.

STORMWATER QUALITY DESIGN VOLUME (“SWQDv”): The permit-specified volume of stormwater runoff that must be mitigated by the regulated development project.

STANDARD URBAN STORMWATER MITIGATION PLAN (“SUSMP”): The Los Angeles Countywide Standard Urban Stormwater Mitigation Plan.

This section outlines examples of prohibited activities and should not be construed as an exhaustive list of all prohibited activities.

D. Disposal of Landscape Debris. No person shall intentionally dispose of leaves, dirt or other landscape debris into a storm drain.

E. Industrial Activities. No person shall conduct any industrial activity in the City without obtaining all permits required by State or federal law, including an NPDES General Permit for Stormwater Discharges Associated with Industrial Activities (“Industrial General Permit”) when required. Persons conducting industrial activities within the City should refer to the most recent edition of the "Industrial/Commercial Best Management Practices Handbook," produced and published by the California Stormwater Quality Association (“CASQA”), for specific guidance on selecting BMPs for reducing pollutants in stormwater discharges from industrial activities.

F. Non-Stormwater Discharges. All non-stormwater discharges into the MS4 are prohibited unless those discharges are:

1. In compliance with a separate NPDES Permit;

2. Pursuant to a discharge exemption by the LARWQCB, the entity’s executive officer, or the State Water Resources Control Board;

3. Associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property);

4. Natural flows as defined in the Municipal NPDES Permit;

5. Conditionally exempt non-stormwater discharges as defined in accordance with the Municipal NPDES Permit; or
12 6. Authorized as a temporary non-stormwater discharge by the EPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act.

G. Prohibited Discharges. Specific examples of prohibited discharges include, but are not limited to the following types of discharges:

2. Discharges of water to the MS4 from mobile vehicle washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

3. Discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid, or antifreeze, is undertaken;

4. Discharges of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and from uncovered receptacles containing hazardous materials;

5. Discharges to the MS4 of commercial or residential swimming pool or spa filter backwash, filter waste material, or pool or spa water if not dechlorinated or debrominated as verified and approved by the City prior to discharge. Notwithstanding this prohibition, liquid waste from pool or spa filter backwash can be disposed in the wastewater system, and solid waste from pool or spa filter backwash can be disposed in the solid waste bins as verified and approved by the City prior to discharge;

6. Discharges to the MS4 of runoff from the washing of toxic materials from paved or unpaved areas;

8. Discharges to the MS4 from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment;

This requirement is not applicable to products used for lawn and agricultural purposes;

10. Disposals of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4;

11. Discharges from commercial window and building wash waters into the MS4, however, liquid and solid waste from wash waters can be collected and discharged into the 13 wastewater system or in solid waste bins respectively as verified and approved by the City prior to discharge;

Owners and occupants of property or businesses within the City shall comply with the following requirements:

A. Storage of Materials, Machinery, and Equipment.

1. Machinery or equipment intended for repair or maintenance in areas susceptible to runoff or exposure to stormwater shall be placed on a pad of absorbent material to contain leaks, spills or small discharges, and shall be placed in a manner to ensure that leaks, spills, and other maintenance-related pollutants are not discharged to the MS4. 14 2. Objects, such as motor vehicle parts, containing grease, oil, or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff.

B. Removal of Debris and Residue.

C. Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to City streets or the MS4 is likely or has occurred.

A. Each industrial and commercial discharger, discharger associated with construction activity, or other discharger described in any general NPDES permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the LARWQCB, shall comply with all requirements of such permit and the 15 provisions of this Article. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such NPDES permit may be required in a form acceptable to the Authorized Enforcement Officer, or designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City.

B. Non-stormwater discharges to the MS4 from industrial, commercial, or construction activities in violation of any applicable NPDES permit or the provisions of this Article are prohibited.

D. Industrial and commercial dischargers and dischargers associated with construction activities shall implement effective BMPs, including source control BMPs, in accordance with Table 6 of Part VIII.E. of the Municipal NPDES Permit unless a particular pollutant generating activity does not occur on a facility’s site.
9-4-508: LOW IMPACT DEVELOPMENT REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT:

1. Development Projects subject to LID Standards.
a. New development projects that are in any of the following categories:
i. Projects equal to one (1) acre or greater of disturbed area and adding more than ten thousand (10,000) square feet or more of impervious surface area (collectively over the entire project site); ii. Industrial parks of ten thousand (10,000) square feet or more of surface area; or
16 iii. Commercial malls of ten thousand (10,000) square feet or more of surface area.

2. Redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) on any of the following:
a. Existing sites of ten thousand (10,000) square feet or more of impervious surface area;
b. Industrial parks with ten thousand (10,000) square feet or more of surface area; or
c. Commercial malls ten thousand (10,000) square feet or more of surface area.

4. Redevelopment Projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire Project site) on sites with existing impervious surface area of less than ten thousand (10,000) square feet shall implement at least two (2) Simple LID BMPs onsite. Simple LID BMPs eligible to meet this requirement are provided in Section 3.2 of the 2014 County of Los Angeles Department of Public Works Low Impact Development Standards Manual. Examples of Simple BMPs include, but are not limited to, rain barrels, planter boxes, rerouting downspout to landscape areas, and green roofs.

D. Considerations for Redevelopment Projects.

The structural BMP performance requirements apply as follows:

1. Where redevelopment results in an alteration to more than fifty percent (50%) of the impervious surface of a previously existing development, and the existing development 17 was not subject to post-development stormwater quality control requirements, the entire Project must be mitigated and LID standards must be applied.

E. LID Standards Manual. The Director shall prepare, maintain, and update, as deemed necessary and appropriate by the Director, a Low Impact Development Standards Manual (“LID Standards Manual”), which shall include urban and stormwater runoff quantity and quality control development principles and technologies to achieve compliance with this section. The LID Standards Manual shall include technical infeasibility and implementation parameters, as well as other rules, requirements, and procedures in order to implement the provisions of this Article.

F. Specific Requirements.

Unless otherwise exempted herein or in the Municipal NPDES Permit, all New Development and Redevelopment Projects must satisfy the following performance criteria:

3. All New Development and Redevelopment Projects, unless otherwise exempted herein or in the Municipal NPDES Permit, shall comply with the following Municipal NPDES Permit provisions:
a. BMPs are required for all New Development and Redevelopment Projects identified in this Article to mitigate stormwater pollution, unless alternative measures are allowed as provided in the Municipal NPDES Permit. b. BMPs must be implemented to retain on-site the Stormwater Quality Design Volume (“SWQDv”), defined as runoff from either: (a) the 0.75 inch, twentyfour (24)-hour rain event; or (b) the eighty-fifth (85th) percentile, twenty-four (24)-hour rain event, as determined from the county eighty-fifth (85th) percentile precipitation isohyetal map, whichever is greater. c. BMPs shall meet the design specifications and on-site retention volume outlined in the Municipal NPDES Permit and the LID Standards Manual. 18 d. All New Development and Redevelopment Projects identified in this Article that are either partially or fully unable to retain one hundred percent (100%) of the SWQDv on-site, as determined by the City, due to technical infeasibility as defined in the Municipal NPDES Permit, must implement alternative compliance measures in accordance with the Municipal NPDES Permit. The infeasibility shall be demonstrated in the submitted LID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:
i. The infiltration rate of saturated in-situ soils is less than 0.3 inches per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining SWQDv onsite;
ii. Locations where seasonal high groundwater is within five (5’) to ten feet (10’) of surface grade;
iii. Locations within one hundred feet (100’) of a groundwater well used for drinking water;
iv. Brownfield development sites where infiltration poses a risk of causing pollutant mobilization;
v. Locations where pollutant mobilization is a documented concern;
vi. Locations with potential geotechnical hazards;
vii. Smart Growth and infill or redevelopment locations where the density or nature of the Project would create significant difficulty for compliance with the onsite volume retention requirement. e. If partial or complete retention is technically infeasible, the Project site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the LID Standards Manual.
f. Additional alternative compliance options such as offsite infiltration may be available to the Project site. The Project site should contact the City to determine eligibility.
g. The remaining SWQDv that cannot be retained or biofiltered onsite (and offsite alternative compliance measures are technically infeasible) must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the Municipal NPDES Permit. Flow-through treatment control BMPs may be used to treat the remaining SWQDv and must be sized and designed to:
i. Filter or treat either:
19 1. The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour, for each hour of a storm event: or

2. The maximum flow rate of runoff produced by the eightyfifth (85th) percentile hourly rainfall intensity (for each hour of a storm event), as determined from the local
historical rainfall record, multiplied by a factor of two (2). ii. Qualify for “Enhanced Treatment” certification under the Washington State Department of Ecology’s TAPE Program; or an appropriate future BMP certification developed by the State of California.

J. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMPs.

1. The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMPs meeting the current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all Structural Pollutant Control or Treatment Control BMPs at least once a year and retain proof of inspection. 20 2. For residential properties where the Structural Pollutant Control or Treatment Control BMPs are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance.

1. Any failure to comply with any applicable requirement set forth in Section 9-4-508 or the Municipal NPDES Permit; or

2. Any false certification or verification, or any failure to comply with a certification or verification provided by a Project applicant or the applicant's successor in interest; or

B. The above listed conditions are hereby determined to be a threat to the public health, safety and welfare, are declared and deemed a public nuisance, and may be abated or restored by any Authorized Enforcement Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. If any violation of this Article constitutes a seasonal or recurrent nuisance, the Authorized Enforcement Officer shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this section shall constitute a public nuisance and a violation of this Article. 21 C. Inspections.

6. Portable Equipment. For purposes of verifying compliance with this Article, an Authorized Enforcement Officer may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

7. Records Review. An Authorized Enforcement Officer may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on-site, including material or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

8. Sample and Test. An Authorized Enforcement Officer may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), or treatment system discharge 22 for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. An Authorized Enforcement Officer may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys.

An Authorized Enforcement Officer may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

D. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall constitute a violation of such provision.

1. A temporary or permanent injunction.

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.

4. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life.

1. Cease and Desist Orders. When an Authorized Enforcement Officer finds that a discharge has taken place or is likely to take place in violation of this Article, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall:
a. Comply with the requirement;
b. Comply with a time schedule for compliance; and
c. Take appropriate remedial or preventive action to prevent the violation from recurring.
23 2. Notice To Clean. Whenever an Authorized Enforcement Officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-stormwater discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

J. Remedies. Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.”
Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to 24 the adoption of this Ordinance, and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:

LESTER J. FRIEDMAN
Mayor of the City of
Beverly Hills, California
ATTEST:
_______________________________(SEAL)

HUMA AHMED
City Clerk

APPROVED AS TO FORM:

APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager

SHANA EPSTEIN
Director of Public Works Services
Section Proposed Action Proposed Amendments
9-4-501 Amendments • Updated language to be consistent with the legal language and dates in the Municipal Separate Storm Sewer System (MS4) Permit.
• Updated language for clarity.
9-4-502 Amendments • Updated language to be consistent with the legal language in the current MS4 Permit and minor edits for clarity.
9-4-503 Amendments • Inserted new terms and clarified existing definitions to be consistent with the current MS4 Permit.
• Minor edits for clarity.
9-4-504 Amendments • Updated section to list examples of prohibited activities/discharges in the current MS4 Permit. • Provided acceptable disposal methods for pool and spa filter back wash, window and building washwaters, sidewalk and street washwaters; otherwise prohibited. • Minor edits for clarity.
9-4-505 Amendments • Minor edits for clarity.
9-4-506 Amendments • Updated section to require enclosure structure to protect material, equipment and waste that may produce polluted runoff, including commercial trash bin storage areas. • Updated language on the Maintenance of Structural Best Management Practices (BMPs) to clarify property owner responsibility as specified in Standard Urban Stormwater Management Plan (SUSMP) or Low Impact Development (LID).
• Minor edits for clarity.
9-4-507 Amendments • Updated section to be consistent with the legal language in the current MS4 Permit and minor edits for clarity.
9-4-508 Amendments • Renamed the section to “Low Impact Development Requirements for New Development and Redevelopment.” Renaming the section provides consistency with the current MS4 Permit and clarity.
• Updated language to be consistent with the legal language in the current MS4 Permit and provide clarity, especially in Section C. Applicability. This section was re-organized to streamline LID applicability on certain types of projects. Re-organization provides better clarity and flow in the section.
• Section C. Applicability provides numeric criteria to require LID on development and redevelopment projects that disturbs a certain square footage in a project site such as:
o Projects equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet or more of impervious surface area (collectively over the entire project site). o Industrial parks of 10,000 square feet or more of surface area. o Commercial malls of 10,000 square feet or more of surface area. o Restaurants, parking lots, automotive service facilities and retail gasoline outlets that create and/or replace 5,000 square feet or more surface area. o Projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site) that had an existing 10,000 square feet or more of impervious surface area (residential, commercial, and industrial development projects). o Projects that create and/or replace 5,000 square feet or more of impervious surface area (collectively over the entire project site) on sites with existing impervious surface area of less than 10,000 square feet.
o Restaurants, parking lots, automotive service facilities and retail gasoline outlets that create and/or replace 5,000 square feet or more surface area. • Section C Applicability (4) is a new addition requiring simple LID BMPs on-site (such as rain barrels, planter boxes or disconnect downspout) for redevelopment projects that create or replace 5,000 square fee or more of impervious surface area. This is a lesser requirement than full LID for projects above.
• Section D Considerations for Redevelopment Projects: Removed LID criteria for redevelopment projects and moved to Section C Applicability. Provided LID requirement criteria for redevelopment projects for example, requiring LID for the entire project if the redevelopment results in the alteration to more than 50% of impervious surface area previously existing development. For alterations of less than 50% of impervious surface area previously existing development, LID is required for the portion that is being altered. • Section F Specific Requirements: Removed language to be consistent with the current MS4 Permit. In summary, new and redevelopment projects are required to implement an LID Plan and the LID performance standards to remove pollutants from the project site. • Section G Issuance of Building Permits: Amended the language from Discretionary to Building Permits to be consistent with the current MS4 permit.
• Section H Issuance of Certificate of Occupancy: Clarified language to be consistent with amendments in the proposed ordinance.
• Section I: Clarified operations and maintenance requirements for the LID BMPs on-site. 9-4-509 Amendments • Minor changes for clarity.
9 -4-510 Amendments
• Minor changes for clarity.
9-4-511 Amendments
• Minor changes for clarity.
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 1 ORDINANCE NO. 15-OAN ORDINANCE OF THE CITY OF BEVERLY HILLS, CALIFORNIA AMENDING ARTICLE 5 (STORMWATER AND URBAN RUNOFF
POLLUTION CONTROL) OF CHAPTER 4 OF TITLE 9 OF THE

BEVERLY HILLS MUNICIPAL CODE TO REVISE LOW IMPACT

DEVELOPMENT REQUIREMENTS AND INCLUDE ADDITIONAL

REVISIONS PURSUANT TO THE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS

FOR THE MUNICIPAL SEPARATE STORM SEWER SYSTEM

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Article 5. (Stormwater Andand Urban Runoff Pollution Control) of Chapter 4 (Water
Regulations) of Title 9 (Building and Property Health and Safety Regulations) of the Beverly Hills Municipal Code is hereby amended in its entirety to read as follows:
“Article 5. STORMWATER AND URBAN RUNOFF POLLUTION CONTROL 9-4-501: Findings
9-4-502: Purpose
9-4-503: Definitions
9-4-504: Prohibited Activities
9-4-505: Conditionally Exempted Discharges
9-4-506: Requirements for Existing Properties
9-4-507: Requirements for Industrial/Commercial and Construction Activities 9-4-508: Low Impact Development Requirements for New Development and Redevelopment
9-4-509: Fees
9-4-510: Stormwater and Non-Stormwater Runoff Pollution Education Program http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 2 9-4-511: Enforcement
9-4-501: FINDINGS:

The city councilCity Council finds and declares that:

A. Congress has determined that pollutants contained in stormwater and urban runoff are responsible for environmental degradation of oceans, lakes, rivers, and other waters of the United States.

B. A.The amended federal clean water actClean Water Act (33 USCU.S.C. § 1251 et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending national pollutant discharge elimination system (hereinafter "National Pollutant Discharge Elimination System (“NPDES"”) requirements to stormwater and urban runoff discharged into municipal storm drain systems.

C. B.Stormwater and urban runoff flow from individual properties onto streets, then through storm drains passing through the cityCity.

D. C.The cityCity is a co-permittee under the "waste discharge requirements for municipal separate storm sewer system (MS4) discharges within the coastal watersheds of Los Angeles County, except those discharges originating from the city of Long Beach MS4" (order no. R4-2012-0175), NPDES permit no. CAS004001California Regional Water Quality Control Board, Los Angeles Region (“LARWQCB”) Order No. R4-2021-0105, effective December 28September 11, 20122021, issued by the California regional water quality control board -which establishes 2021 MS4 NPDES Permit No. CAS004004, the "Waste Discharge Requirements and National Pollutant Discharge Elimination System (“NPDES”) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles regionand Ventura Counties,” and any successor permit to that permit (the "municipal“Municipal NPDES permit") and, as a copermittee under the municipal NPDES permitPermit”). As a co-permittee, the cityCity is required to implement and enforce the permit requirements contained in the municipal NPDES permit, to control discharges to and from those portions of the MS4 over which it has jurisdiction, and to holdagainst dischargers to the MS4 accountable for their contributions of pollutants and flows.

E. D.Part III, section A of the municipalThe Municipal NPDES permitPermit requires the cityCity to prohibit, in non-stormwater discharges into the portion of the MS4 for which it is an owner or operator, nonstormwater discharges into the MS4, except where such discharges are identified and in compliance with partPart III, sectionSection A of the municipalMunicipal NPDES permitPermit.

F. E.InIt is important for the City to adopt reasonable regulations in order to control, in a cost effective manner, the quantity and quality of stormwater and urban runoff in a cost-effective manner and to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. (Ord. 15-O-2678, eff. 6-18-2015). http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 3 9-4-502: PURPOSE:

A. The purpose of this articleThis Article is intended to promote the future health, safety and general welfare of the residents of the cityCity and the water quality of the receiving waters of the countyCounty and surrounding coastal areas pursuant to federal requirements by:

1. Reducing the discharge of pollutants in stormwater discharges to the maximum extent practicable;
Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of stormwater and dry weather runoff into the MS4; and

3.Regulating nonstormwaterEffectively prohibiting non-stormwater discharges to the MS4; and

2. Controlling such pollutants through other provisions deemed appropriate by the LARWQC.

B. The intent of this articleArticle is to protect and enhance the quality of watercourses, water bodies, and wetlands within the cityCity in a manner consistent with the federal clean water actClean Water Act, the California Porter-Cologne water quality control actWater Quality Control Act, and the municipalMunicipal NPDES permitPermit.

C. This articleArticle is also intended to provide the cityCity with the legal authority necessary to control discharges to and from those portions of the MS4 over which it has jurisdiction as required by the municipalMunicipal NPDES permitPermit, and thereby fully and timely comply with the terms of the municipalMunicipal NPDES permitPermit in a timely manner.

D. This articleArticle also sets forth requirements for the construction and operation of certain "“commercial development", "” “new development"” and "“redevelopment"” and other projectsProjects (as further defined herein), which requirements are intended to ensure compliance with the stormwater mitigation measures prescribed in the current version of the municipalMunicipal NPDES permitPermit, a copy of which is on file in the office of the city clerkCity Clerk.

E. This article authorizes an authorized enforcement officerArticle allows an Authorized Enforcement Officer to define and adopt applicable best management practices (“BMPs”) and other stormwater pollution control measures, to; grant emergency self-waivers from municipalMunicipal NPDES permitPermit requirements, as provided herein in order to conduct repairs of essential public service systems and infrastructure in emergency situations, to; cite violations; and to impose fines pursuant to this article. This articleArticle also authorizesallows the authorized enforcement officer to carry out inspections, surveillanceAuthorized Enforcement Officer to inspect, surveil, and monitoringmonitor procedures necessary to determine compliance and noncompliance with the provisions of this articleArticle and the municipalMunicipal NPDES permit. Except as otherwise provided herein, the authorized enforcement officerPermit. The Authorized Enforcement Officer shall administer, implement, and enforce the provisions of this article. (Ord. 15-O-2678, eff. 6-18-2015)Article except as provided herein.

G.
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 4 9-4-503: DEFINITIONS:

Except as specifically provided herein,To the extent that any definition of a term usedcontained in this article shall be defined as that term is definedArticle conflicts with the corresponding definition contained in the current municipalMunicipal NPDES permit, or if it is not specifically definedPermit, the definition contained in the municipalMunicipal NPDES permit, then as such term is defined in the federal clean water act, as amended, and/or the regulations promulgated thereunderPermit shall control. The following words and phrases shall have the following meanings when used infor purposes of this articleArticle:

AREA SUSCEPTIBLE TO RUNOFF: Any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located.

AUTHORIZED ENFORCEMENT OFFICER: The directorDirector of public works or his or her designeePublic Works.

AUTOMOTIVE SERVICE FACILITY: A facility that is categorized in any one of the following standard industrial classificationStandard Industrial Classification (“SIC”) codes: 5013, 5014, 5511, 5541, 7532-7534, or 7536- 7539, (as amended)well as the corresponding NAICS codes.

BASIN PLAN: The LARWQCB Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties.

BENEFICIAL USE: The existing or potential uses of receiving waters as designated by the LARWQCB in the Basin Plan.

BEST MANAGEMENT PRACTICES (“BMPs”): Practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water. Examples of BMPs may include, but are not limited to, public education and outreach, proper planning of development projectsProjects, proper cleaning of catch basin inlets, construction of a stormwater treatment system, and proper sludge- or waste -handling and disposal, among others.

BIOFILTRATION: A LID BMP that through incidental infiltration or evapotranspiration, and filtration, reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction.

Therefore, the. The term "“biofiltration"” as used in this articleArticle is defined to include only systems with an underdrain designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the regional board's executive officerLARWQCB’s Executive Officer). Biofiltration BMPs, unlike bioretention BMPs, include bioretention systems with an underdrain and bioswales.

BIORETENTION: A LID BMP that, through evapotranspiration and infiltration, reduces stormwater runoff by intercepting rainfall on vegetative canopy or ground cover, and through evapotranspiration and infiltrationgroundcover. The bioretention system typically includes a minimum two foot (2'’) top layer of a specified soil and compost mixture underlain by a gravel - filled temporary storage pit dug into the in-situ soil. As defined in this articleArticle, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 5 bioretentionA BMP is designed or constructed with an underdrain it is regulated by the municipalMunicipal NPDES permitPermit as a biofiltration BMP.

COMMERCIAL DEVELOPMENT: Any development on private land that is not heavy industrial or residential. The category includes, but is not limited to, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, minimalls and other business complexes, shopping malls, hotels, office buildings, to public warehouses and other light industrial complexes.

COMMERCIAL MALLMALLS: Any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to, mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

CONSTRUCTION: ConstructingAny construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in soilland disturbance. Construction includes, including structure tear -down and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair or restoration work, maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); interior remodeling with no outside exposure of construction material or construction waste to stormwater; mechanical permit work;or sign permit work; or clearing or grubbing of vegetation for landscape maintenance which is not associated with a larger construction projectProject. See the definition of “Routine Maintenance” for further explanation.

CONSTRUCTION GENERAL PERMIT: The NPDES general permitGeneral Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities issued by the State Water Board, which authorizes the discharge of stormwater discharges associated withfrom construction and land disturbance activities, order no. 2009- 0009-DWQ (NPDES no. CAS000002), adopted September 2, 2009, revised by order no. 2010-0014-DWG and any successor permit to that permit under certain conditions. http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 6 CONTROL: To minimize, reduce, eliminate, or prohibitThe minimization, reduction, elimination, or prohibition of discharge of a pollutant from an activity by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.

DEVELOPMENT: Any construction, rehabilitation, redevelopment or reconstruction of any public or private residential projectProject (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other nonresidential projectsProjects, including public agency projectsProjects; or mass grading for future construction. It does not include routine maintenance to maintain the original line and grade, hydraulic capacity, or original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and safety.

DIRECTLY ADJACENT: Situated within two hundred feet (200') of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.

DIRECTOR: The directorDirector of public works or his or her designeePublic Works.

DISCHARGE: When used without qualification, meansthe term refers to the discharge of a pollutant.

DISCHARGE OF A POLLUTANT: Any addition of any pollutant or combination of pollutants to waters of the United States from any point source or, any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term "”discharge of a pollutant"” includes additions of pollutants into waters of the United States from:
surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately -owned treatment works.

DISCRETIONARY PROJECT: Shall be defined in the same manner as in California code of regulations title 14, section 15357 of the guidelines for implementation of the California environmental quality act, as amended, and means a project which requires the exercise of judgment or deliberation when the city decides to approve or disapprove a particular activity, as distinguished from situations where the city merely has to determine.

DISTURBED AREA: An area that is altered as a result of clearing, grading, and/or excavation, unless altered solely for the purposes of landscape maintenance or fire prevention.

ENVIRONMENTALLY SENSITIVE AREA (ESA): An area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem, and which would be easily disturbed or degraded by human activities and developments1. Areas subject to stormwater mitigation requirements are http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 7 areas designated as significant ecological areas by the county of Los Angeles (Los Angeles County significant areas study, Los Angeles County department of regional planning (1976) and amendments); an area designated as a significant natural area by the California department of fish and game's significant natural areas program, provided that area has been field verified by the department of fish and game; an area listed in the basin plan as supporting the rare, threatened, or endangered species (RARE) beneficial use; and an area identified by the city as environmentally sensitive.

FLOW -THROUGH TREATMENT BMPs: ModularFlow-through treatment BMPs include modular, vault type "“high flow bioretention"biorentention” devices contained within impervious vault with an underdrain or designed with an impervious liner and an underdrain.

HILLSIDE: Property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty -five percent (25%) or greater and where grading contemplates cut or fill slopes.

IMPERVIOUS SURFACE: Any man-made or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development.

INDUSTRIAL ACTIVITY: Any public or private activity associated with any of the 11 categories of activities defined in title 40, section 122.26(b)(14) of the Code of Federal Regulations.

INDUSTRIAL PARK: LandA land development that is set aside for industrial development.

Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.

INFILTRATION: The downward entry of water into the surface of the soil.

INSPECTION: The entry and the conducting of an on -site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements.

The steps involved in performing an inspection, include, but are not limited to:

A. Pre-inspection documentation research;
B. Request for entry;
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 8 C. Interview of property owner, resident and/or occupant(s); D. Property walk-through;
E. Visual observation of the condition of property;
F. Examination and copying of records as required;
G. Sample collection (if necessary or required);
H. Exit discussion (to discuss preliminary evaluation) as appropriate; and I. Report preparation, and if appropriate, recommendations for coming into compliance.

LOW IMPACT DEVELOPMENT (“LID”): Building or landscape features designed to retain or filter stormwater runoffThe implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, or 3) harvest and use precipitation near to where it falls to earth.

MATERIAL: Any substance including, but not limited to, garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals.

MUNICIPAL NPDES PERMIT: "Waste discharge requirements for municipal separate storm sewer system (MS4) discharges within the coastal watersheds of Los Angeles County, except those discharges originating from the city of Long Beach MS4" (order no. R4-2012- 0175), NPDES permit no. CAS004001, effective December 28, 2012, issued by the California regional water quality control board - Los Angeles region, and any successor permit to that permitThe current MS4 NPDES Permit No. CAS004004, Order No. R4- 2021-0105 ("Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los Angeles and Ventura Counties") and waste discharge requirements, issued by the LARWQCB, and effective September 11, 2021.

MUNICIPAL SEPARATE STORM SEWER SYSTEM OR (“MS4”): A conveyance or system of conveyances, (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are:

A. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 9 districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;
B. Designed or used for collecting or conveying stormwater; C. Which is not a combined sewer; and
D. Which is not part of a publicly owned treatment worksPublicly Owned Treatment Works (“POTW”) as defined at 40 CFR section 122.2.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“NPDES”) PERMIT: Any waste discharge requirementsA permit issued by the regional board or the state water resources control board as an NPDES permitRegional Water Quality Control Board or the State Water Resources Control Board pursuant to California Water Code section 13370 (other thanas part of the municipal NPDES permit)national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA sections 307, 402, 318, and 405.

NEW DEVELOPMENT: Land -disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

NON-STORMWATER DISCHARGE: Any discharge to the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater, including, but not limited to, wash water.

PARKING LOT: Land area or a facility for the parking or storage of motor vehicles used for businesses, commerce, industry or personal use, with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty five (25) or more parking spaces.

POLLUTANT: Those “pollutants” defined in section 502(6) of the federal clean water actClean Water Act (33 USCU.S.C. § 1362(6)), orand incorporated into California Water Code section 13373. Examples of “pollutants” include, but are not limited to, the following:

A. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);.

B. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic;
C. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
D. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the state; http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 10 E. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); or F. Substances having characteristics such as a pH of less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus;.

G.The term "“pollutant"” shall not include uncontaminated stormwater, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "“pollutant"” also shall not include any substance identified in this definition, if through compliance with the BMPs available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the BMPs available.

PROJECT: All development, redevelopment, and land disturbing activities. The term "project" is not limited to "project"
PUBLICLY OWNED TREATMENT WORKS (“POTW”): A treatment works, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes, which is owned by a state or municipality, as defined underby section 212 of the California environmental quality act under California Public Resources Code section 21065CWA (33 U.S.C.A. § 1292), and referenced in title 40, section 122.2 and section 404.3 of the Code of Federal Regulations.

REDEVELOPMENT: Land A land-disturbing activity that results in the creation, addition or replacement of at least five thousand (5,000) square feet of impervious surface area on an already developed site for all project categories except single-family residential projects.

For existing single-family dwelling and accessory structures, redevelopment is the creation, addition, or replacement of ten thousand (10,000) square feet or more of impervious surface. Redevelopment includes, but is not limited to, the following activities that meet the minimum standards set forth in this definition: a(1) the expansion of a building footprint; b(2) addition or replacement of a structure; c(3) replacement of impervious surface that is not part of a routine maintenance activity; and d(4) land -disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

REGIONAL BOARD: The California regional water quality control board - Los Angeles region.

RESTAURANT: A facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 11 consumption (. Restaurants that are subject to this Article are assigned SIC code 5812).

RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils. Retail Gasoline Outlets subject to this Article are assigned SIC code 5541 and NAICS 447110 and 447190.

ROUTINE MAINTENANCE: IncludesThis term includes, but is not limited to, projects conducted to:

A. Maintain the original line and grade, hydraulic capacity, and original purpose of facility; B. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities;
C. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts;
D. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards and regulations regardless ifof such projects result in increased capacity;
E. Repair leaks;
F. Conduct landscaping activities without changing existing or natural grades; and G. Conduct brush cleaning and grubbing for fire prevention. ”Routine maintenance” does not include construction of new lines or facilities resulting from compliance with applicable codes, standards, and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines.

RUNOFF: Any runoffWater from rain and outdoor water use, including stormwater and dry weather flows from a drainage area that reaches a receiving water body or subsurface.

During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows.

SUSMP: The Los Angeles countywide standard urban stormwater mitigation plan ("SUSMP")or non-stormwater, that drains from any impervious surface to the storm drain system rather than soaking into the ground.

SIMPLE LID BMP: A BMP constructed above ground on a single-family residential homeproperty that can be readily inspected by a homeownerproperty owner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the municipalMunicipal NPDES permitPermit, as opposed to Structural BMPs required to meet the specific performance criteria for retention or biofiltration. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and abovegroundabove ground cisterns, rain gardens, and pervious pavement.

SITE: The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 12 SMART GROWTH: The U.S. Environmental Protection Agency’s (“EPA’s”) overall approach of development and conservation strategies to benefit the economy, environment, and public health of local communities.

STORMWATER RUNOFF: That part of precipitation (rainfall or snow melt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semipervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases: Stormwater runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 Code of Federal Regulations § 122.26(b)(13); 55 Code of Federal Regulations 47990, 47995 (Nov. 16, 1990)).

STRUCTURAL BMP: Any structural facility designed and constructed to mitigate the adverse impacts of stormwater and urban runoff pollution (e.g., canopy, structural enclosure). nonstormwater. “Structural BMPs” may include both treatment controlTreatment Control BMPs and source control BMPs.

STORMWATER POLLUTION PREVENTION PLAN (“SWPPP”): A plan required for projects subject to requirements under the State Water Board general permits for stormwater discharges, including the Construction General Permit or Industrial General Permit. The plan identifies potential pollutant sources and describes the design, placement, and implementation of BMPs in order to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges from subject activities.

STORMWATER QUALITY DESIGN VOLUME (“SWQDv”): The permit-specified volume of stormwater runoff that must be mitigated by the regulated development project.

STANDARD URBAN STORMWATER MITIGATION PLAN (“SUSMP”): The Los Angeles Countywide Standard Urban Stormwater Mitigation Plan.

TREATMENT: The application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation.

URBAN RUNOFF: Surface water flow produced by nonstormwater resulting from residential, commercial, and industrial activities involving the use of potable and http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 13 nonpotable water. (Ord. 15-O-2678, eff. 6-18-2015)
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 14 9-4-504: PROHIBITED ACTIVITIES:

This section outlines examples of prohibited activities and should not be construed as an exhaustive list of all prohibited activities.

A. Illicit Discharges Andand Connections:. No person shall commence, establish, use, maintain, or continue any illicit connection to the MS4 or any illicit discharge to the MS4. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was established prior to or after the effective date of this articleArticle.

B. Littering:. No person shall throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or drainage structure, business place, or upon any private plot of land in the cityCity, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the cityCity. This subsection shall not apply to refuse, rubbish or garbage deposited in containers or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal.

C. Blowing Debris:. No person shall intentionally use or operate any mechanical device to blow leaves, dirt, or other debris in or uponinto the MS4 through any street, alley, sidewalk, parkway, or other public right of way. This section does not restrict the use of non-gasoline leaf blowers to dispose of leaves, dirt, or other debris through other permissible means.

D. Disposal Ofof Landscape Debris:. No person shall intentionally dispose of leaves, dirt or other landscape debris into a storm drain.

E. Industrial Activities:. No person shall conduct any industrial activity in the cityCity without obtaining all permits required by stateState or federal law, including an NPDES general industrial activity stormwater permitGeneral Permit for Stormwater Discharges Associated with Industrial Activities (“Industrial General Permit”) when required. Persons conducting industrial activities within the cityCity should refer to the most recent edition of the "Industrial/Commercial Best Management Practices Handbook"," produced and published by the California Stormwater Quality Association ("“CASQA"”), for specific guidance on selecting best management practicesBMPs for reducing pollutants in stormwater discharges from industrial activities.

F. Nonstormwater-Stormwater Discharges:. All non-stormwater discharges into the MS4 are prohibited unless those discharges are:

1. In compliance with a separate NPDES permitPermit;

2. Pursuant to a discharge exemption by the regional boardLARWQCB, the regional board'entity’s executive officer, or the state water resources control boardState Water Resources Control Board;

3. Associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property);
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 15 4. Natural flows as defined in the municipalMunicipal NPDES permitPermit;

5. Conditionally exempt non-stormwater discharges as defined in accordance with the municipalMunicipal NPDES permitPermit; or

6. Authorized as a temporary non-stormwater discharge by USEPAthe EPA pursuant to sections 104(a) or 104(b) of the comprehensive environmental response, compensation, and liability act (CERCLA)Comprehensive Environmental Response, Compensation, and Liability Act.

G. Prohibited Discharges: Prohibited. Specific examples of prohibited discharges include, but are not limited to the following types of discharges:

1. The dischargeDischarges of wash waters to the MS4 from commercial autovehicle washing or from gas stations, autoautomotive repair garages, or other types of automotive service facilities when those facilities are cleaned;

2. The dischargeDischarges of water to the MS4 from mobile autovehicle washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

3. Discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid, or antifreeze, is undertaken;

4. Discharges of runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and from uncovered receptacles containing hazardous materials;

5. Discharges to the MS4 of commercial/ or residential swimming pool or spa filter backwash, filter waste material, or pool or spa water if not dechlorinated or debrominated as verified and approved by the City prior to discharge. Notwithstanding this prohibition, liquid waste from pool or spa filter backwash can be disposed in the wastewater system, and solid waste from pool or spa filter backwash can be disposed in the solid waste bins as verified and approved by the City prior to discharge;

6. Discharges to the MS4 of runoff from the washing of toxic materials from paved or unpaved areas;

7. Discharges to the MS4 from washing impervious surfaces in industrial or commercial areas, unless specifically required by the state's, or the city's, or Los Angeles County'scounty health and safety codes, or permitted under a separate NPDES permit;

8. Discharges to the MS4 from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment;

9. Discharges to the MS4 of any pesticide, fungicide, or herbicide banned by the USEPAEPA or the California department of pesticide regulationDepartment of Pesticide Regulation or discharges of a product registered under the federal insecticide, fungicide and rodenticide actFederal Insecticide, Fungicide and Rodenticide Act to any waste stream that may ultimately be released to waters of the United States unless specifically authorized under an NPDES permit. This requirement is not applicable to products used for lawn and agricultural http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 16 purposes;

10. The disposalDisposals of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4.;

11. H.Discharges InDischarges from commercial window and building wash waters into the MS4, however, liquid and solid waste from wash waters can be collected and discharged into the wastewater system or in solid waste bins respectively as verified and approved by the City prior to discharge;

H. Discharges in Violation Of Theof the Municipal NPDES Permit:. Any discharge that would result in or contribute to a violation of the municipalMunicipal NPDES permitPermit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the cityCity from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge. (Ord. 15- O-2678, eff. 6-18-2015)
9-4-505: EXEMPTED DISCHARGES, CONDITIONALLY EXEMPTED DISCHARGES OR DESIGNATED DISCHARGES:

Discharges from those activities specifically identified in, or pursuant to, part III.A.1-3 of the municipal NPDES permit as being exempted discharges,as conditionally exempted discharges, or designated dischargesin the Municipal NPDES Permit shall not be considered a violation of this articleArticle, provided that any such conditionally exempt discharges are also consistent with part III.Aother provisions of the municipalMunicipal NPDES permitPermit and:

A. Applicable conditions and BMPs developed pursuant to the municipalMunicipal NPDES permitPermit are implemented to minimize any adverse impacts from such identified discharges;
B. The discharger meets all notification, reporting, and recordkeeping requirements; and C. The discharger has conducted all applicable monitoring requirements. (Ord. 15-O-2678, http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 17 eff. 6-18-2015)
9-4-506: REQUIREMENTS FOR EXISTING PROPERTIES:

Owners and occupants of property and owners ofor businesses within the cityCity shall comply with the following requirements:

A. Storage Ofof Materials, Machinery, Andand Equipment:.

1. Machinery or equipment that is to be repaired or maintainedintended for repair or maintenance in areas susceptible to runoff or exposedexposure to stormwater shall be placed on a pad of absorbent material to contain leaks, spills or small discharges, and shall be placed in a manner soto ensure that leaks, spills, and other maintenance -related pollutants are not discharged to the MS4.

B. Removal Ofof Debris Andand Residue:.

1. All motor vehicle parking lots located in areas susceptible to runoff shall be swept, at minimum, on a monthly basis to remove debris. Such debris shall be collected and properly disposed of. LotsParking lots with more than ten (10) parking spaces and all public parking facilities shall also be vacuum swept, at minimum, on a quarterly basis, to remove chemical residue.

2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which is located in an area susceptible to runoff, shall be removed immediately and disposed of properly. Household hazardous waste may be disposed of through the city's household hazardous waste programLos Angeles County Household Hazardous Waste Program or at any other appropriate disposal site, and shall not be placed in a trash container.

C. Septic Waste:. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where a discharge to cityCity streets or the MS4 mayis likely or does occurhas occurred.

D. Use Ofof Water:. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved impervious areas shall be minimized to the maximum extent practicable, and diverted so thatto direct the flow is directed to landscaped areas for infiltration where possible.

E. Food Andand Liquid Wastes:. Food, food packaging and containers, and liquid wastes generated by restaurants, nonresidential food serviceservices, and food distribution sources shall be properly disposed of and in a manner sothat prevents such wastes are notfrom being http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 18 discharged to the MS4.

F. Best Management Practices:. BMPs shall be used in areas exposed to stormwater for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials whichthat have potential adverse impacts on water quality.

G. Maintenance Ofof Structural BMPs:. Structural BMPs required by the cityCity, county of Los AngelesCounty, or any state or federal agency shall be properly operated and maintained by property occupants and owners, as specified by an approved SUSMP or stormwater mitigation planLID Plan, or as otherwise determined by the authorized enforcement officerAuthorized Enforcement Officer. Records and documentation of such maintenance shall be provided to the directorDirector upon request. (Ord. 15-O-2678, eff. 6-18- 2015) 9-4-507: REQUIREMENTS FOR INDUSTRIAL/COMMERCIAL AND CONSTRUCTION ACTIVITIES:

A. Each industrial and commercial discharger, discharger associated with construction activity, or other discharger described in any general NPDES permit addressing such discharges, as may be issued by the U.S. environmental protection agency, the state water resources control boardEnvironmental Protection Agency, the State Water Resources Control Board, or the regional boardLARWQCB, shall comply with all requirements of such permit and the provisions of this articleArticle. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such NPDES permit may be required in a form acceptable to the authorized enforcement officerAuthorized Enforcement Officer, or designated representative, prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the cityCity.

B. Non-stormwater discharges to the MS4 from industrial, commercial, or construction activities in violation of any applicable NPDES permit or the provisions of this articleArticle are prohibited.

D. C.Industrial and commercial dischargers and dischargers associated with construction activities shall implement effective BMPs, including source control BMPs, in accordance with table 10Table 6 of part VIPart VIII.DE.6.f of the municipalMunicipal NPDES permitPermit unless a particular pollutant generating activity does not occur on a facility'’s site. (Ord. 15-O2678, eff. 6-18-2015) http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 19 9-4-508: PLANNING AND LANDLOW IMPACT DEVELOPMENT PROGRAM REQUIREMENTS FOR NEW DEVELOPMENT AND REDEVELOPMENT; LOW IMPACT DEVELOPMENT:

A. Objective:. The provisions of this section establish requirements for construction activities and facility operations of developmentDevelopment and redevelopment projectsRedevelopment Projects to comply with the current municipalMunicipal NPDES permit (order no. R4-2012-0175)Permit, to lessen the water quality impacts of development by using smart growththe U.S. EPA’s “Smart Growth” practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use.

B. Scope:. This section contains requirements for stormwater pollutionpollutant control measures in development and redevelopment projectsNew Development and Redevelopment Projects and authorizes the cityCity to further define and adopt stormwater pollutionpollutant control measures, and to develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, alternative compliance measures from the LID requirements for projects that demonstrate technical infeasibility to retain the stormwater quality design volume (SWQDv) on site or where an opportunity exists for regional groundwater replenishment as defined in the municipal NPDES permitcomply onsite, and collect funds for projects that are granted alternative compliance measures. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section.

C. Applicability:. This section applies to the following new development and redevelopment projects whichNew Development and Redevelopment Projects listed in Part VIII.F.1 of the Municipal NPDES Permit that are subject to cityCity conditioning and approval:

1. New Development Projects: subject to LID Standards.
a. AllNew development projects that are in any of the following categories:
i. Projects equal to one (1) acre or greater of disturbed area and adding more than ten thousand (10,000) square feet or more of impervious surface area (collectively over the entire project site); ii. b.Industrial parks withof ten thousand (10,000) square feet or more of surface area; or
iii. c.Commercial malls of ten thousand (10,000) square feet or more of surface area.

2. Redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface (collectively over the entire project site) on any of the following:
a. Existing sites of ten thousand (10,000) square feet or more of impervious surface area;
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 20 b. Industrial parks with ten thousand (10,000) square feet or more of surface area; or
c. Commercial malls ten thousand (10,000) square feet or more of surface area.

3. d.Retail gasoline outlets withNew development and redevelopment projects that create or replace five thousand (5,000) square feet or more of impervious surface area;(collectively over the entire project site) and support one or more of the following uses:
a. e.Restaurants (as defined in SIC 5812) with five thousand (5,000) square feet or more of surface area;
b. f.Parking lots with five thousand (5,000) square feet or more of impervious area or with twenty five (25) or more parking spaces;Parking Lots;
c. Automotive service facilities as defined in SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539; or
d. Retail gasoline outlets as defined in SIC code 5541 and NAICS 447110 and 447190.

5. h.Street and road construction of ten thousand (10,000) square feet or more of impervious surface area shall follow USEPAU.S. EPA guidance regarding managing wet weather with green infrastructure: green streetsManaging Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable. Street and road construction applies to stand alonestandalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects;
i. Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 and 7536- 7539) with five thousand (5,000) square feet or more of surface area;j.

Projects located in or directly adjacent to, or discharging directly to a significant ecological area (SEA), where the development will:
(1)Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 21 (2)Create two thousand five hundred (2,500) square feet or more of impervious surface area..

D. 2.Considerations for Redevelopment Projects: Redevelopment projects in the foregoing subject categories that meet redevelopment thresholds (pursuant to the municipal NPDES permit), which include:
a.Land disturbing activities which create, add, or replace five thousand (5,000) square feet or more of impervious surface area on an already developed site excluding single-family dwellings and accessory structures.
b.Land disturbing activities which create, add, or replace ten thousand (10,000) square feet or more of impervious surface area on existing single-family dwellings and accessory structures.

The structural BMP performance requirements apply as follows:

1. c.Where redevelopment results in an alteration to more than fifty percent (50%) of the impervious surface of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, the entire projectProject must be mitigated and LID standards must be applied.

2. d.Where redevelopment results in an alteration to less than fifty percent (50%) of the impervious surface of a previously existing development, and the existing development was not subject to post-development stormwater quality control requirements, only the alteration must be mitigated, and not the entire development. e.Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand (10,000) square feet of impervious surface LID standards must be applied to the portion of such Projects being altered.

E. D.LID Standards Manual:. The directorDirector shall prepare, maintain, and update, as deemed necessary and appropriate by the Director, a manualLow Impact Development Standards Manual ("“LID Standards Manual"”), which shall include urban and stormwater runoff quantity and quality control development principles and technologies for achievingto achieve compliance with the provisions of this section. The "LID Standards Manual" shall also include technical feasibilityinfeasibility and implementation parameters, as well as other rules, requirements, and procedures as the director deems necessary, for implementingin order to implement the provisions of this chapterArticle.

F. E.Specific Requirements:

1.New Single-Family Hillside Homes: To the extent that the city may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a Hillside Area, a single-family Hillside home development or redevelopment project shall implement mitigation measures to:
a.Conserve natural areas;
b.Protect slopes and channels;
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 22 c.Provide storm drain system stenciling and signage; d.Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and
e.Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.

2.Unless otherwise exempted herein or in the Municipal NPDES Permit, all New Development Andand Redevelopment Projects must satisfy the following performance criteria:

1. New developmentDevelopment and redevelopment projectsRedevelopment Projects are required to control pollutants and runoff volume from the projectProject site by minimizing the impervious surface area and controlling runoff through on-site infiltration, bioretention, and/or rainfall harvest and use in that preferred order, in accordance with the standards set forth in the municipalMunicipal NPDES permitPermit and the "LID Standards Manual". High removal efficiency BMPs shall comply with the standards and requirements of the "LID Standards Manual".

2. 3.Project Plans: An applicant for a new developmentNew Development or a redevelopment projectRedevelopment Project identified in this articleArticle shall incorporate into the applicant'’s projectProject plans a stormwater mitigation planLow Impact Development Plan (“LID Plan”), which includes those BMPs necessary to control stormwater pollutionpollutants from the completed projectProject. Structural or treatment control BMPs (including, as applicable, postconstruction treatment control BMPs) set forth in projectthe applicant’s Project plans, including the LID Plan, shall meet the design standards set forth in the municipalMunicipal NPDES permitPermit and the "LID Standards Manual".

4.New Development/Redevelopment Project Performance Criteria:

3. a.All new development and redevelopment projectsNew Development and Redevelopment Projects, unless otherwise exempted herein or in the municipalMunicipal NPDES permitPermit, shall comply with part VI.D.7.c of the municipalfollowing Municipal NPDES permit.
b.Postconstruction Permit provisions:
a. BMPs to mitigate stormwater pollution are required for all new development and redevelopment projectsNew Development and Redevelopment Projects identified in this articleArticle to mitigate stormwater pollution, unless alternative measures are allowed as provided in part VI.D.7.c of the municipalMunicipal NPDES permitPermit.
b. c.BMPs must be implemented to retain on -site the stormwater quality design volumeStormwater Quality Design Volume (“SWQDv”), defined as runoff from either: 1(a) the 0.75 inch, twenty- four (24)-hour rain event; or 2(b) the eighty- http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 23 fifth (85th) percentile, twenty-four (24)-hour rain event, as determined from the Los Angeles County county eighty-fifth (85th) percentile precipitation isohyetal map, whichever is greater.
c. d.BMPs shall meet the design specifications and on -site retention potentialvolume outlined in the part VI.D.7.c of the municipalMunicipal NPDES permitPermit and the "LID Standards Manual".
e.Single-family Hillside home development projects are exempt from the new development/redevelopment project performance criteria of part VI.D.7.c of the municipal NPDES permit unless they create, add, or replace ten thousand (10,000) square feet or more of impervious surface area. f.Street and road construction projects of ten thousand (10,000) square feet or more of impervious surface area are exempt from the new development/redevelopment project performance criteria of part VI.D.7.c of the municipal NPDES permit but shall adhere to the city's green streets policy.g.All New Development and Redevelopment Projects identified in this Article that are either partially or fully unable to retain one hundred percent (100%) of the SWQDv on -site, as determined by the City, due to technical infeasibility as defined in the municipalMunicipal NPDES permitPermit, must implement alternative compliance measures in accordance with part VI.D.7.c of the municipalMunicipal NPDES permit. When, as determined by the city, one hundred percent (100%) on site retention of the SWQDv is technically infeasible, partially or fullyPermit. The infeasibility shall be demonstrated in the submitted stormwater mitigation planLID Plan. The technical infeasibility may result from conditions that may include, but are not limited to:
i. (1)The infiltration rate of saturated in-situ soils is less than 0.3 inches per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining SWQDv on siteonsite;
ii. (2)Locations where seasonal high groundwater is within five (5’) to ten feet (10'’) of surface grade;
iii. (3)Locations within one hundred feet (100'’) of a groundwater well used for drinking water;
iv. Brownfield development sites where infiltration poses a risk of causing pollutant mobilization;
v. Locations where pollutant mobilization is a documented concern;
vi. (4)Locations with potential geotechnical hazards;
vii. (5)Smart growthGrowth and infill or redevelopment locations where the density and/or nature of the projectProject would http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 24 create significant difficulty for compliance with the on siteonsite volume retention requirement.
d. h.If partial or complete retention is technically infeasible, the projectProject site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained on site, biofiltrationonsite. Biofiltration BMPs must adhere to the design specifications provided in the municipal NPDES permit of part VI.D.7.cLID Standards Manual.
e. i.Additional alternative compliance options such as off siteoffsite infiltration may be available to the projectProject site. The projectProject site should contact the cityCity to determine eligibility.
f. j.The remaining SWQDv that cannot be retained or biofiltered on siteonsite (and offsite alternative compliance measures are technically infeasible) must be treated on siteonsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant -specific benchmarks as required per the municipalMunicipal NPDES permitPermit. Flow -through treatment control BMPs may be used to treat the remaining SWQDv and must be sized based onand designed to:
i. Filter or treat either:

1. The maximum flow rate of runoff produced from a rainfall intensity of:(1) 0.2 inch of rainfall per hour, for each hour of a storm event: or

2. (2)The 1-year, 1-hourmaximum flow rate of runoff
produced by the eighty- fifth (85th) percentile hourly
rainfall intensity (for each hour of a storm event), as determined from the most recent Los Angeles County
isohyetal map, whichever is greaterlocal historical
rainfall record, multiplied by a factor of two (2).
ii. Qualify for “Enhanced Treatment” certification under the Washington State Department of Ecology’s TAPE Program; or an appropriate future BMP certification developed by the State of California.

G. F.Issuance Of Discretionaryof Building Permits:. No discretionarybuilding permit may be issued for any new development or redevelopment projectNew Development or Redevelopment Project identified in this section until the authorized enforcement officerAuthorized Enforcement Officer confirms the projectProject plans comply with the applicable requirements of this section.

H. G.Issuance Ofof Certificates Ofof Occupancy:. As a condition for issuing a certificate of occupancy for new development or redevelopment projectsNew Development or Redevelopment Projects identified in this articleArticle, the authorized enforcement officerAuthorized Enforcement Officer shall require property owners or their representative(s) to http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 25 build all the stormwater pollution control BMPs and structural or treatment controlStructural BMPs that are shown on the approved project plans and consistent with the stormwater mitigation planLID Plan and to submit a signed certification statement stating that the site and all structural or treatment controlStructural BMPs will be maintained in compliance with the municipalMunicipal NPDES permitPermit, the stormwater mitigation planLID Plan, and other applicable regulatory requirements.

I. H.Information Provided By Owners: With the exception of simpleSimple LID BMPs (as defined in this article) implemented on single-family residences, consistent with part VI.D.7.d(iii) of the municipalMunicipal NPDES permit, projectPermit requirements, Project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices and treatment control BMPs includingStructural BMPs. This plan and verification may be included in, but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/or other legally binding maintenance agreements.

These maintenance records must be kept on site for treatmentTreatment Control BMPs implemented on single-family residences.

J. I.Transfer Ofof Properties Subject Toto Requirement Forfor Maintenance Ofof Structural Andand Treatment Control BMPs:.

1. The transfer or lease of a property subject to a requirement for maintenance of structuralStructural and treatment controlTreatment Control BMPs shall include conditions requiring the transferee and its successors and assigns to either: (a) assume responsibility for maintenance of any existing structural or treatment controlStructural or Treatment Control BMP or (b) to replace an existing structural or treatment controlStructural or Treatment Control BMP with new control measures or BMPs meeting the current standards of the cityCity and the municipalMunicipal NPDES permitPermit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment controlStructural Pollutant Control or Treatment Control BMPs at least once a year and retain proof of inspection.

2. For residential properties where the structural or treatment controlStructural Pollutant Control or Treatment Control BMPs are located within a common area which will be maintained by the community association, appropriate arrangements shall be made with the association regarding the responsibility for maintenance.

3. If structural or treatment controlStructural or Treatment Control BMPs are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. (Ord. 15-O-2678, eff. 6-18-2015) 9-4-509: FEES:

Fees for plan reviews, inspections, violations, corrections, and tasks associated with this articleArticle may be established by resolution of the city council. (Ord. 15-O-2678, eff. 6- 18-2015)City Council.
http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 26 9-4-510: STORMWATER AND NON-STORMWATER RUNOFF POLLUTION EDUCATION PROGRAM:

The department of public worksDepartment of Public Works, along with other cityCity departments, shall conduct an informational program to educate the public about the dangers of stormwater and urban runoff pollution and the means of controlling such pollution. The program shall educate residents and business persons who operate within the cityCity about the contents of this article. (Ord. 15-O-2678, eff. 6-18-2015)Article. 9-4-511: ENFORCEMENT:

A. Violations Deemed Aa Public Nuisance:. A violation of any provision of this articleArticle is declared to be a public nuisance, and the city attorneyCity Attorney is authorized to abate such violation by means of a civil action in addition to whatever other remedies are available to the cityCity under this codeCode and other applicable laws, rules or regulations. Additionally, the following conditions shall be considered a public nuisance:

1. Any failure to comply with any applicable planning and land development program requirement set forth in sectionSection 9-4-508 of this chapter or the municipalMunicipal NPDES permitPermit; or

2. Any false certification or verification, or any failure to comply with a certification or verification provided by a projectProject applicant or the applicant's successor in interest; or

3. Any failure to properly operate and maintain any structural or treatment controlStructural or Treatment Control BMP on a property in accordance with an approved stormwater mitigation plan or an approved SUSMP or approved SWPPP (stormwater pollution prevent planLID Plan, SWPPP, SUSMP, or similar type of approved water quality improvement plan), this chapterArticle, or the municipalMunicipal NPDES permitPermit.

B. Cost: The above listed conditions are hereby determined to be a threat to the public health, safety and welfare, are declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officerAuthorized Enforcement Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorneyCity Attorney. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. If any violation of this articleArticle constitutes a seasonal or recurrent nuisance, the authorized enforcement officerAuthorized Enforcement Officer shall so declare. The failure of any person to take appropriate annual precautions to prevent stormwater pollution after written notice of a determination under this section shall constitute a public nuisance and a violation of this articleArticle.

C. Inspections:.

1. Inspections By Authorized Enforcement Officer:. Whenever necessary to make an inspection to enforce any of the provisions of this section, or whenever an authorized enforcement officerAuthorized Enforcement Officer has reasonable cause to believe that there exists on any construction site any condition which constitutes a violation of the provisions of this http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 27 section, the authorized enforcement officerAuthorized Enforcement Officer may, upon consent or upon obtaining an inspection warrant, enter such construction site at all reasonable times to inspect the same or perform any duty imposed upon the officer by this section.

2. Basis:. Routine or area inspections shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this articleArticle, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, discharges of non-stormwater to the MS4, discharges which are not pursuant to an NPDES permit, or similar factors.

3. Right Toto Inspect:. Prior to commencing any inspection as herein below authorized, an authorized enforcement officerAuthorized Enforcement Officer shall obtain either the consent of the owner, his/herthe owner’s authorized representative or the occupant of the property or shall obtain an administrative inspection warrant or criminal search warrant.

4. Entry Toto Inspect:. An authorized enforcement officerAuthorized Enforcement Officer may enter property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or any other part of the MS4 located within the jurisdiction of the cityCity.

5. Compliance Assessments:. An authorized enforcement officerAuthorized Enforcement Officer may inspect property for the purpose of verifying compliance with this article,Article, by means including, but not limited to: (a) identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property; (b) identifying point(s) of discharge of all wastewater, process water systems and pollutants; (c) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems; (d) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (e) locating any illicit connection or the source of prohibited discharge; and (f) evaluating compliance with any permit issued relating to a discharge to the stormwater drainage system.

6. Portable Equipment:. For purposes of verifying compliance with this articleArticle, an authorized enforcement officerAuthorized Enforcement Officer may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.

7. Records Review:. An authorized enforcement officerAuthorized Enforcement Officer may inspect all records of the owner or occupant of property relating to chemicals or processes presently or previously occurring on -site, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, prohibited discharges, or any other source of contribution or potential contribution of pollutants to the stormwater drainage system.

8. Sample Andand Test:. An authorized enforcement officerAuthorized Enforcement Officer may inspect, sample and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the stormwater drainage system. An authorized enforcement officerAuthorized Enforcement Officer may investigate the integrity of all storm http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 28 drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. An authorized enforcement officerAuthorized Enforcement Officer may take photographs or videotapevideo tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

9. Monitoring:. An authorized enforcement officerAuthorized Enforcement Officer may erect and maintain monitoring devices for the purpose of measuring or sampling any discharge or potential source of discharge to the stormwater drainage system.

10. Test Results:. The owner or occupant of property subject to inspection shall, on submission of a written request, receive copies of all monitoring and test results conducted by an authorized enforcement officerAuthorized Enforcement Officer.

D. Concealment:. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this articleArticle shall constitute a violation of such provision.

E. Civil Actions:. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the cityCity. In any such action, the cityCity may seek, as appropriate, any or all of the following remedies:

1. A temporary and/or permanent injunction.

3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation.

4. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life.

F. Administrative Enforcement Powers:. In addition to the other enforcement powers and remedies established by this articleArticle, any authorized enforcement officerAuthorized Enforcement Officer has the authority to utilize the following administrative remedies:

1. Cease Andand Desist Orders:. When an authorized enforcement officerAuthorized Enforcement Officer finds that a discharge has taken place or is likely to take place in violation of this articleArticle, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall:
a. Comply with the requirement;
b. Comply with a time schedule for compliance; and
c. Take appropriate remedial or preventive action to prevent the violation from recurring.

2. Notice To Clean:. Whenever an authorized enforcement officerAuthorized http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 29 Enforcement Officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non-stormwater discharge to the MS4, he or she may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

G. Penalties:. Except as otherwise specifically provided, any violation of this articleArticle may be prosecuted as a misdemeanor, infraction, or pursuant to the administrative citation procedures set forth in titleTitle 1 of this codeCode. Each day that a violation continues shall constitute a separate offense.

H. Permit Revocation:. To the extent the cityCity makes a provision of this articleArticle or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this codeCode.

I. Burden Ofof Proof:. In an enforcement action, the burden of proof shall be on the person who is the subject of such action to establish that the reduction or elimination of the discharge to the maximum extent practicable has been accomplished through compliance with the best management practices available, including applicable monitoring, notifications and reporting requirements.

J. Remedies:. Remedies under this articleArticle are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 15-O-2678, eff. 6-18-2015)” Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to http://www.sterlingcodifiers.com/codebook/printnow.php 11/18/2015 30 the adoption of this Ordinance, and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Footnote 1: PRC § 30107.5.Adopted:

Effective:

LESTER J. FRIEDMAN
Mayor of the City of
Beverly Hills, California
ATTEST:
_ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

NANCY HUNT-COFFEY
City Manager

SHANA EPSTEIN
Director of Public Works Services
Document comparison by Workshare 10.0 on Tuesday, July 30, 2024 4:17:58 PM
Legend:

Insertion
Deletion
Moved from
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Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:

Count
Insertions 779
Deletions 664
Moved from 9
Moved to 9
Style changes 0
Format changes 0
Total changes 1461
Section Proposed Action Proposed Amendments
9-4-501 Amendments • Updated language to be consistent with the legal language and dates in the Municipal Separate Storm Sewer System (MS4) Permit.
• Updated language for clarity.
9-4-502 Amendments • Updated language to be consistent with the legal language in the current MS4 Permit and minor edits for clarity.
9-4-503 Amendments • Inserted new terms and clarified existing definitions to be consistent with the current MS4 Permit.
• Minor edits for clarity.
9-4-504 Amendments • Updated section to list examples of prohibited activities/discharges in the current MS4 Permit. • Provided acceptable disposal methods for pool and spa filter back wash, window and building washwaters, sidewalk and street washwaters; otherwise prohibited. • Minor edits for clarity.
9-4-505 Amendments • Minor edits for clarity.
9-4-506 Amendments • Updated section to require enclosure structure to protect material, equipment and waste that may produce polluted runoff, including commercial trash bin storage areas. • Updated language on the Maintenance of Structural Best Management Practices (BMPs) to clarify property owner responsibility as specified in Standard Urban Stormwater Management Plan (SUSMP) or Low Impact Development (LID).
• Minor edits for clarity.
9-4-507 Amendments • Updated section to be consistent with the legal language in the current MS4 Permit and minor edits for clarity.
9-4-508 Amendments • Renamed the section to “Low Impact Development Requirements for New Development and Redevelopment.” Renaming the section provides consistency with the current MS4 Permit and clarity.
• Updated language to be consistent with the legal language in the current MS4 Permit and provide clarity, especially in Section C. Applicability. This section was re-organized to streamline LID applicability on certain types of projects. Re-organization provides better clarity and flow in the section.
• Section C. Applicability provides numeric criteria to require LID on development and redevelopment projects that disturbs a certain square footage in a project site such as:
o Projects equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet or more of impervious surface area (collectively over the entire project site). o Industrial parks of 10,000 square feet or more of surface area. o Commercial malls of 10,000 square feet or more of surface area. o Restaurants, parking lots, automotive service facilities and retail gasoline outlets that create and/or replace 5,000 square feet or more surface area. o Projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site) that had an existing 10,000 square feet or more of impervious surface area (residential, commercial, and industrial development projects). o Projects that create and/or replace 5,000 square feet or more of impervious surface area (collectively over the entire project site) on sites with existing impervious surface area of less than 10,000 square feet.
o Restaurants, parking lots, automotive service facilities and retail gasoline outlets that create and/or replace 5,000 square feet or more surface area. • Section C Applicability (4) is a new addition requiring simple LID BMPs on-site (such as rain barrels, planter boxes or disconnect downspout) for redevelopment projects that create or replace 5,000 square fee or more of impervious surface area. This is a lesser requirement than full LID for projects above.
• Section D Considerations for Redevelopment Projects: Removed LID criteria for redevelopment projects and moved to Section C Applicability. Provided LID requirement criteria for redevelopment projects for example, requiring LID for the entire project if the redevelopment results in the alteration to more than 50% of impervious surface area previously existing development. For alterations of less than 50% of impervious surface area previously existing development, LID is required for the portion that is being altered. • Section F Specific Requirements: Removed language to be consistent with the current MS4 Permit. In summary, new and redevelopment projects are required to implement an LID Plan and the LID performance standards to remove pollutants from the project site. • Section G Issuance of Building Permits: Amended the language from Discretionary to Building Permits to be consistent with the current MS4 permit.
• Section H Issuance of Certificate of Occupancy: Clarified language to be consistent with amendments in the proposed ordinance.
• Section I: Clarified operations and maintenance requirements for the LID BMPs on-site. 9-4-509 Amendments • Minor changes for clarity.
9 -4-510 Amendments
• Minor changes for clarity.
9-4-511 Amendments
• Minor changes for clarity.

Beverly Hills City CouncilJune 17, 2025

Beverly Hills City Council
June 17, 2025