A. The 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 discharge into municipal storm drain systems. The City of Culver City is authorized by Article XI, § 5 and § 7 of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety and general prosperity. The City of Culver City has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions and limitations with respect to any activity which might degrade the quality of waters of the State.
B. Stormwater and urban runoff flow from individual properties onto streets, then through storm drains passing through the City into Ballona Creek and Marina del Rey Harbor. Urbanization has led to increased impervious surface areas resulting in increased water runoff causing the transport of pollutants to downstream receiving waters. The City of Culver City is committed to a stormwater management program that protects water quality and water supply by employing watershed-based approaches that balance environmental, social, and economic considerations.
C. The City of Culver City is a permittee under the "Waste Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges within the County of Los Angeles," issued by the California Regional Water Quality Control Board, Los Angeles Region (Order No. R4-2012-0175), dated December 28, 2012, which also serves as a NPDES permit under the Federal Clean Water Act (NPDES Permit No. CAS004001), as well as Waste Discharge Requirements under California law (the Municipal NPDES Permit), and, as a permittee under the Municipal NPDES Permit, the City is required to adopt ordinances and implement procedures with respect to the entry of non-stormwater discharges into the Municipal Separate Storm Sewer System (MS4).
D. Part III, "Discharge Prohibitions," of the Municipal NPDES Permit requires the City to prohibit non-stormwater discharges through the MS4 (which it owns or operates) and to receiving waters, except where such discharges are:
1. Authorized non-storm water discharges separately regulated by an individual or general NPDES permit; or
2. Temporary non-storm water discharges authorized by United States Environmental Protection Agency (USEPA) pursuant to §§ 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that either: (i) will comply with water quality standards as applicable or relevant and appropriate requirements ("ARARs") § Section 121(d)(2) of CERCLA; or (ii) are subject to either (a) a written waiver of ARARs by USEPA pursuant to § 121(d)(4) of CERCLA or (b) a written determination by USEPA that compliance with ARARs is not practicable considering the exigencies of the situation pursuant to 40 CFR § 300.415(i); or
3. Authorized non-storm water discharges from emergency firefighting activities (i.e., flows necessary for the protection of life or property); discharges from vehicle washing, building fire suppression system maintenance and testing (e.g., sprinkler line flushing), fire hydrant maintenance and testing, and other routine maintenance activities are not considered emergency firefighting activities; or
4. Natural flows, including:
a. Natural springs;
b. Flows from riparian habitats or wetlands;
c. Diverted stream flows, authorized by the State or Regional Water Board;
d. Uncontaminated ground water infiltration (as defined by 40 CFR 35.2005(20));
e. Rising ground waters, where ground water seepage is not otherwise covered by a NPDES permit; or
5. Either of the following three types of conditionally exempt non-storm water discharges, provided they meet all required conditions specified below, or as otherwise approved by the Regional Water Board Executive Officer.
a. Discharges from essential non-emergency firefighting activities provided appropriate BMPs are implemented based on the CAL FIRE, Office of the State Fire Marshal's Fire Protection Systems Discharge Best Management Practices Manual (September 2011) for water-based fire protection system discharges or equivalent Best Management Practice (BMP) manual for fire training activities and post-emergency firefighting activities;
b. (1) Discharges from drinking water supplier distribution systems, where not otherwise regulated by an individual or general NPDES permit, provided appropriate BMPs are implemented based on the American Water Works Association (California-Nevada Section) Guidelines for the Development of Your Best Management Practices (BMP) Manual for Drinking Water System Releases (2005) or equivalent industry standard BMP manual.
(2) For all discharges greater than one hundred thousand (100,000) gallons:
(i) Notification at least seventy-two (72) hours prior to a planned discharge and ASAP after an unplanned discharge;
(ii) Monitoring of any pollutants of concern in the drinking water supplier distribution system release; and
(iii) Record keeping by the drinking water supplier.
(a) Name of discharger, date and time of notification (for planned discharges), method of notification, location of discharge, discharge pathway, receiving water, date of discharge, time of the beginning and end of the discharge, duration of the discharge, flow rate or velocity, total number of gallons discharged, type of dechlorination equipment used, type of dechlorination chemicals used, concentration of residual chlorine, type(s) of sediment controls used, pH of discharge, type(s) of volumetric and velocity controls used, and field and laboratory monitoring data.
(b) Records shall be retained for five (5) years and made available upon request by the City or Regional Water Board.
c. Discharges that fall within one (1) of the categories below, provided that the discharge itself is not a source of pollutants and meets all required conditions:
(1) Dewatering of lakes;
(2) Landscape irrigation;
(3) Dechlorinated/debrominated swimming pool/spa discharges, where not otherwise regulated by a separate NPDES permit;
(4) Dewatering of decorative fountains;
(5) Non-commercial car washing by residents or by non-profit organizations;
(6) Street/sidewalk wash water.
(i) Conditionally exempt non-storm water discharges of street/sidewalk wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents at an average usage of 0.006 gallons per square feet of sidewalk area in accordance with Regional Water Board Resolution No. 98-08.
(ii) Conditionally exempt non-storm water discharges of street/sidewalk wash water do not include hosing of any sidewalk or street with a garden hose with a pressure nozzle.
E. The Municipal NPDES Permit requires the City to develop and implement procedures to ensure proper discharges of stormwater and non-stormwater. Dischargers must comply with Part III.A.4. of the Municipal NPDES Permit.
(Ord. 2014-008 § 1 (part))