Except as specifically provided herein, any term used in this Chapter shall be defined as that term is defined in the current Municipal NPDES Permit (Attachment A of Order No. R4-2012-0175), or, if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder.
AUTHORIZED ENFORCEMENT OFFICER. Any person designated by the City to conduct inspections and follow investigations.
AUTOMOTIVE SERVICE FACILITIES. A facility that is categorized in any one (1) of the following Standard Industrial Classifications (SIC): 5013, 5014, 5511, 5541, 7532-7534, or 7536-7539.
BASIN PLAN. The Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watershed of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments.
BEST MANAGEMENT PRACTICES (BMPs). BMPs are practices or physical devices designed to prevent or reduce pollutant loading from storm water or non-storm water discharged to the receiving waters.
BIOFILTRATION. A Low Impact Development (LID) BMP that 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 term BIOFILTRATION as used in this chapter is defined to include only systems 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 Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.
BIORETENTION. A LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two (2)-foot 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 the Municipal NPDES Permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the Municipal NPDES Permit as biofiltration.
BIOSWALE. A LID BMP consisting of a shallow channel lined with grass or other dense, low-growing 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.
CITY. The City of Culver City.
CLEAN WATER ACT (CWA). The Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless the discharge is in accordance with an NPDES permit.
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, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.
COMMERCIAL MALLS. Any development on private land comprised of one (1) 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 ACTIVITY. Construction activity includes any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage is required if more than one acre is disturbed or the activities are part of a larger plan.
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 non-residential projects, including public agency projects, or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
DIRECTLY ADJACENT. Situated within two hundred (200) feet of the contiguous zone required for the continued maintenance, function, and structural stability of the significant ecological areas.
DIRECTOR. The City's Director of Public Works/City Engineer or the Director's representative.
DISCHARGE. Any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance.
FLOW-THROUGH BMPS. Modular, vault type "high flow biofiltration" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain.
GOOD HOUSEKEEPING PROVISIONS. Common practices related to the storage, use, or clean-up of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to: purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills.
GREEN ROOF. A LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.
HAZARDOUS MATERIALS. Any material(s) defined as hazardous by Division 20, Chapter 6.95 of the Cal. Health & Safety Code.
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 storm drain system 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 storm drain system.
ILLICIT DISCHARGE. Any discharge into the MS4 or from the MS4 into a receiving water that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term ILLICIT DISCHARGE includes all non-stormwater discharges, except authorized non-storm water discharges; conditionally exempt non-storm water discharges; and non-storm water discharges resulting from natural flows specifically identified in Part III.A.1.d of 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 and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.
INDUSTRIAL PARK. Land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one (1) 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. Entry and the conduct 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:
1. Pre-inspection documentation research;
2. Request for entry;
3. Interview of facility personnel;
4. Facility walk-through;
5. Visual observation of the condition of facility premises;
6. Examination and copying of records as required;
7. Sample collection (if necessary or required);
8. Exit conference (to discuss preliminary evaluation); and
9. Report preparation and, if appropriate, recommendations for coming into compliance.
In the case of restaurants, the City may conduct an inspection from the curbside, provided that such "curbside" inspection provides the City with adequate information to determine an operator's compliance with BMPs that must be implemented per requirements of the Municipal NPDES Permit, Regional Water Board Resolution No. 98-08, County and municipal ordinances, and the Stormwater Quality Management Plan.
LID. Low Impact Development. LID consists of building and landscape features designed to retain or filter stormwater runoff.
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.
MAXIMUM EXTENT PRACTICABLE (MEP). This means choosing effective BMPs, and rejecting applicable BMPs only where other effective BMPs will serve the same purpose, the BMPs would not be technically feasible, or the cost would be prohibitive. The following factors may be useful to consider:
1. Effectiveness: Will the BMP address a pollutant of concern?
2. Regulatory compliance: Is the BMP in compliance with storm water regulations as well as other environmental regulations?
3. Public acceptance: Does the BMP have public support?
4. Cost: Will the cost of implementing the BMP have a reasonable relationship to the pollution control benefits to be achieved?
5. Technical feasibility: Is the BMP technically feasible considering soils, geography, water resources, etc.?
After selecting a menu of BMPs, it is of course the responsibility of the discharger to insure that all BMPs are implemented.
MUNICIPAL NPDES PERMIT. The Waste Discharge Requirements for Municipal Stormwater and Urban Runoff Discharges within the County of Los Angeles, issued by the Regional Board, and any successor permit to that permit.
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):
1. Owned or operated by a State, city, town, borough, county, parish, district, association or other public body (created pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, 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 § 208 of the CWA that discharges to waters of the United States;
2. Designed or used for collecting or conveying storm water;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR § 122.2.
(40 CFR § 122.26(b)(8))
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §§ 307, 402, 318, and 405. The term includes an "approved program".
NATURAL DRAINAGE SYSTEM. A drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system.
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 into the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater.
PARKING LOT. Land area or 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.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.
PLANNING PRIORITY PROJECTS. Development projects subject to the City's conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).
POLLUTANT. Those "pollutants" defined in CWA § 502(6) (33 U.S.C. § 1362(6)), and incorporated by reference into Cal. Water Code § 13373. Pollutants may include, but are not limited to the following:
1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge).
2. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic).
3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease).
4. Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the State.
5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities).
6. Substances having a pH less than six (6) or greater than nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.
PROJECT. All development, redevelopment, and land disturbing activities. The term is not limited to "Project" as defined under CEQA (Pub. Resources Code § 21065).
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.
RECEIVING WATER. "Water of the United States" into which waste and/or pollutants are or may be discharged.
REDEVELOPMENT. Land-disturbing activity that results in the creation, addition, or replacement of ten thousand (10,000) square feet or more of impervious surface area on a site previously developed as a single family home or the creation, addition or replacement of five thousand (5,000) square feet or more of impervious surface area on any other previously developed sites. REDEVELOPMENT includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity (as that term is defined in this Chapter), and land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance as that term is defined in this Chapter.
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 consumption (SIC code 5812).
RETAIL GASOLINE OUTLET. Any facility engaged in selling gasoline and lubricating oils.
ROUTINE MAINTENANCE. Routine maintenance projects include, but are not limited to projects conducted to:
1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
2. Replace impervious surfaces, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment.
3. Perform restoration work needed to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.
4. Perform road shoulder work, regrade dirt or gravel roadways and shoulders and perform ditch cleanouts.
5. Update existing lines* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.
6. Repair leaks.
ROUTINE MAINTENANCE does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards and regulations.
* Update existing lines includes replacing existing lines with new materials or pipes.
** 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 runoff including stormwater and dry weather flow 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.
SIGNIFICANT ECOLOGICAL AREAS (SEAs). An area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity. Areas are designated as SEAs, if they possess one (1) or more of the following criteria:
1. The habitat of rare, endangered, and threatened plant and animal species.
2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.
3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.
4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.
5. Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.
6. Areas important as game species habitat or as fisheries.
7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.
8. Special areas (Source: Order No. R4-2012-0175).
SITE. 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.
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.
STORM DRAIN SYSTEM. Any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Culver City.
STORM EVENT. A rainfall event that produces more than one-tenth (0.1) inch of precipitation in twenty-four (24) hours unless specifically stated otherwise.
STORM WATER OR STORMWATER. Water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.
STORMWATER RUNOFF. Storm water runoff, snow melt runoff, and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 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). The category may include both Treatment Control BMPs and Source Control BMPs.
SUSMP. The Los Angeles Countywide Standard Urban Stormwater Mitigation Plan was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate BMPs that must be used in specified categories of development projects.
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 absorption, 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 absorption or any other physical, biological or chemical process.
URBAN RUNOFF. Non-stormwater surface flow produced by residential, commercial and industrial activities involving the use of potable and non-potable water.
(Ord. 2014-008 § 1 (part))