6.17.030 - Definitions.

As used in this chapter, the following definitions shall apply. The following definitions shall control in the application and enforcement of the provisions of this chapter if alternate definitions of the same terms in the code conflict therewith.

"Adverse impact" refers to a detrimental effect upon water quality or beneficial uses caused by a discharge or loading of a pollutant(s).

"Authorized enforcement officer" means the city administrator, director, or his or her designee.

"Automotive dealership" refers to a facility that is defined by any one of the following Standard Industrial Classifications (SIC): 5511, 5521 or 5551-5599.

"Automotive service facility" is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes: 5013, 5014, 5541, 5511, 7532-7534, or 7536-7539. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to stormwater.

"Basin plan" refers to the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments.

"Beneficial uses" refers to existing or potential uses of receiving waters in the permit area as defined by the regional water board in the basin plan.

"Best management practices (BMPs)" means 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.

"California Environmental Quality Act (CEQA)" refers to the self-executing statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.

"City" refers to the City of Commerce.

"City council" refers to the City Council of the City of Commerce.

"Code of Federal Regulations (CFR)" refers to the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government of the United States.

"Commercial activity" refers to any public or private activity not defined as an industrial activity in 40 CFR 122.26(b) (14), involved in the storage, transportation, distribution, exchange, or sale of goods and/or commodities, or providing professional and/or non-professional services. Commercial activity does not mean a dwelling as defined in Title 19 of this code.

"Construction activity" includes any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that may result 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.

"County" refers to Los Angeles County.

"Department" refers to the Department of Community Development of the City of Commerce.

"Director" refers to the Director of the Public Works and Development Services Department of the City of Commerce or his or her authorized designee.

"Discharge" refers to any release, spill, leak, pumping, flow, escape, dumping or disposal of any gas, liquid, semi-solid, or solid substance.

"Disturbed area" means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention.

"Gas station" refers to any facility engaged in selling gasoline or other lubricating oils, including any automotive service facility located on the same or contiguous property and under the same ownership and management.

"Good housekeeping practice" means common practices related to the storage, use, or cleanup of pollutionable materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, use of alternative and less environmentally harmful products, spill prevention, promptly cleaning up spills and leaks, and storing pollutionable materials in a manner that will contain any leaks or spills.

"Hazardous material" refers to any material defined as hazardous by Chapter 6.5 of the California Health and Safety Code or any substance designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance which is a solid waste as defined in 40 CFR 261.20, which is not excluded from regulation as a hazardous waste under 40 CFR 261.40(b) or is a hazardous substance under Section 101(14) of the Clean Water Act, if it exhibits any of the characteristics identified in 40 CFR 261.20 through 261.24.

"Hazardous waste" refers to a hazardous material which is to be discharged, discarded, recycled, and/or reprocessed.

"Hillside home developments" are properties located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes.

"Illicit connection" refers to any human-made conveyance that is connected to the storm drain system without a permit, excluding roof drains which convey only stormwater.

"Illicit discharge" means any discharge to the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. This includes all non-stormwater discharges except discharges pursuant to a separate NPDES permit; discharges that are exempted or conditionally exempted in accordance with the Municipal NPDES Permit; and non-stormwater discharges resulting from natural flows specifically identified in the municipal NPDES permit.

"Industrial activity" refers to any public or private activity listed in any of the eleven categories of activities defined in 40 CFR 122.26(b) (14) which require a NPDES permit.

"Industrial/commercial facility" refers to any public or private facility involved and/or used in either production, manufacturing, storage, transportation, distribution, exchange or the sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facility includes, but is not limited to, any facility defined by a Standard Industrial Classification (SIC).

"Inspection" means entry, access and the conduct of an on-site review of property and structures and devices on said property, at reasonable times as authorized by state law, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, may include, but are not limited to: (1)

Pre-inspection documentation research;

(2)

Mailed notification explaining the purpose and legal regulations for the inspection;

(3)

Request for entry;

(4)

Interview of property owner (s), business owner(s), tenant(s), resident(s) and/or occupant(s);

(5)

Property walk-through;

(6)

Visual observation of the condition of property premises;

(7)

Documenting or memorializing visual observations through the aid of a camera or visual recording devices, note-taking, and/or taking measurements;

(8)

Examination and copying of records as required;

(9)

Sample collection (if necessary or required);

(10)

Exit discussion (to discuss preliminary evaluation) as appropriate; and

(11)

Preparation of an inspection report, notice of correction, and/or order to comply, and if appropriate, recommendations for coming into compliance including providing a copy of the inspection report, notice of correction and/or order to comply to the property owner(s), business owner(s), tenant(s), resident(s), occupant(s) and/or any responsible third party or person.

"Low impact development" or "LID" means building or landscape features designed to retain or filter stormwater runoff. Refer to City Ordinance Number 651 or Chapter 19.33 of Title 19 of the Commerce Municipal Code for Low Impact Development requirements.

"Municipal NPDES permit" means 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. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board—Los Angeles Region, and any successor permit or amendments to that permit.

"Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances (consisting of 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 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 Clean Water Act that discharges to waters of the United States;

(2)

Designed or used for collecting or conveying stormwater;

(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.

"National Pollutant Discharge Elimination System" or "NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Sections 307, 402, 318, and 405.

"New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.

"Non-stormwater discharge" refers to any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of stormwater.

"Person" means an individual, association, firm, partnership, public or private corporation, business entity, trust, organization, or public agency, whether principal, agent, representative, employee, or otherwise thereof.

"Pollutant" means those pollutants defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants 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 soils, sediment and particulate materials in amounts which 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 characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

"Receiving waters" refers to all surface water bodies the city discharges to that are identified by a regional water board in a basin plan.

"Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of ten thousand square feet or more of impervious surface on existing single family dwelling and accessory structures or the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site for non-single family projects. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of a routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. 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.

"Regional board" refers to the Los Angeles Regional Water Quality Control Board.

"Restaurant" refers to 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).

"Routine maintenance" includes, but is not limited to, projects conducted to: (1)

Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

(2)

Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

(3)

Perform road shoulder work, regrading dirt or gravel roadways and shoulders, and performing ditch cleanouts.

(4)

Update existing lines and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

(5)

Repair leaks.

"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" refers to any stormwater or non-stormwater discharge from any surface and/or 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.

"Sidewalk washing" means pressure washing of paved pedestrian walkways with average water usage of 0.006 gallons per square foot, with no cleaning agents, and properly disposing of all debris collected, as authorized under Regional Water Board Resolution No. 98-08.

"Significant ecological areas (SEAs)" are areas that are determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one 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.

"Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include but are not limited to vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. Refer to City Ordinance Number 651, as enacted in Chapter 19.33 of Title 19 of the Commerce Municipal Code for Low Impact Development requirements.

"Standard Industrial Classification (SIC)" refers to a classification pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Officer of the President of the United States, Office of Management and Budget.

"State water board" refers to the State of California Water Resources Control Board.

"Storm drain system" refers to any street, gutter, conduit, natural or artificial drain, channel and watercourse, and/or other facility or any combination thereof that is owned and/or operated by the city, the county, or Los Angeles County Flood Control District and used for the purpose of collecting, storing, transporting, and/or disposing of runoff.

"Stormwater" refers to stormwater 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)).

"Stormwater pollution prevention plan (SWPPP)" is a plan, as required by a state general permit, identifying potential pollutant sources and describing the design, placement, and implementation of BMPs, to effectively prevent non-stormwater discharges and reduce pollutants in stormwater discharges during activities covered by the general permit.

"Stormwater runoff" refers to stormwater which travels across any surface to the storm drain system and/or receiving waters.

"Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of stormwater and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMPs may include both treatment control BMPs and source control BMPs.

"Treatment control BMP" refers to an 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.

"Uncontrolled discharge" refers to any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge.

"USEPA" refers to the United States Environmental Protection Agency.

(Ord. No. 676, § 1, 2-2-2016)