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52Nov 3 election

6.17.060 - Prohibited activities.

Part of the Code of Ordinances of Commerce, CA.

Local law · Updated May 13, 2025 · 2,277 sections

The text

(a)

Illicit connections/illicit discharges.

(1)

Illicit connections. It is a violation of this chapter to cause, allow, permit or suffer the commencement, establishment, use, maintenance, or continuation any connections to the MS4 or any discharges to the MS4 unless the connection has been permitted by the city, county and/or county flood control district. This prohibition against illicit connections applies to the use, maintenance, or continuation of any illicit connection, whether that connection was commenced or established prior to or after the effective date of this chapter.

If any person fails to remove an illicit connection upon notification by the city or county or upon revocation of a connection permit, the city or county may utilize enforcement mechanisms to require compliance with any and all applicable ordinances, permits, contracts, or orders pursuant to Section 6.17.110 of this chapter, or any other remedies available to the city or county to secure compliance.

(2)

Illicit discharges. It is a violation of this chapter to cause, allow, permit or suffer the discharge of all non-stormwater discharges into the MS4. All non-stormwater discharges into the MS4 are prohibited unless those flows are: in compliance with a separate NPDES permit; pursuant to a discharge exemption by the regional board, the regional board's executive officer, or the state water board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES permit; conditionally exempt non-stormwater discharges as defined in accordance with the municipal NPDES permit; or authorized as a temporary non-stormwater discharge by the USEPA pursuant to Sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Illicit discharges include but are not limited to:

a.

The discharge of wash waters to the MS4 from commercial auto washing or when gas stations, auto repair garages, or other type of automotive service facilities are cleaned;

b.

Discharge of wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations;

c.

Discharge to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is undertaken;

d.

Discharge to the MS4 from storage areas for materials containing grease, oil or hazardous materials or uncovered receptacles containing hazardous materials, grease or oil;

e.

Discharge of commercial/residential swimming pool filter backwash to the MS4;

f.

Discharge from the washing of toxic materials from paved or unpaved areas to the MS4;

g.

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

h.

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

i.

Discharges to the MS4 of any pesticide, fungicide, or herbicide banned by the USEPA or the California Department of Pesticide Regulation or 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.

j.

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

k.

Discharge from the washing or rinsing of restaurant mats, equipment or garbage bins or cans in such a manner that causes non-stormwater to enter the MS4.

l.

Discharge to the MS4 of any human or animal waste, including urine or fecal matter.

(3)

Notification of illicit discharges. Upon discovery of an illicit discharge to the MS4, the person causing, allowing, permitting or suffering the discharge or permittee shall:

a.

Immediately notify the director of the incident by telephone in addition to any other notifications to public agencies as may be required by law. The notification shall include discharge location, type of materials discharged, estimated concentration and volume of the discharge, and corrective action taken to contain or minimize the effects of the discharge; and

b.

Within ten calendar days after the first discovery of the illicit discharge, submit to the Director a detailed written report describing the cause of the discharge, corrective action(s) taken and measures to be taken to prevent future occurrences, and measures taken to remediate the effects of the discharge. Such notification shall not relieve the discharger or permittee from liability or fines incurred as a result of the uncontrolled discharge.

(b)

Littering, polluting, discharging of damaging substances. No person shall cause:

(1)

Any refuse, rubbish, garbage, food waste or any discarded or abandoned objects to be littered, thrown, deposited, placed, left, accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit, drainage structure, place of business or upon any public or private property except when such materials are placed in containers, bags, recycling bins or other lawfully established waste disposal facilities protected from stormwater or runoff. No person shall throw or deposit litter in any fountain, pond, lake, stream, or other body of water within the city.

(2)

The disposal of hazardous materials or wastes into trash containers used for municipal trash disposal.

(3)

A USEPA or California Department of Pesticide Regulation prohibited substance discharge to the MS4. Further, no person shall cause a discharge to the MS4 of any pesticide, fungicide or herbicide in concentrations that exceed a water quality objective established by the regional water board for that portion of the MS4 or for any downstream waters.

(4)

The accumulation of pollutants, leaves, dirt or other landscape debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated or natural conveyance.

(5)

The disposal of sanitary or septic waste or sewage into the MS4 from any property or residence, any type of recreational vehicle, camper, bus, boat, holding tank, portable toilet, vacuum truck or other mobile source or any waste holding tank, container or device.

(6)

Any discharge that would cause or contribute to a violation of the municipal NPDES permit, either separately or in combination with other discharges.

(c)

Pet waste. No person shall walk, or otherwise have in his or her custody or control, any pet upon any public or private property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, a suitable wrapper, bag or container sufficient to remove and to lawfully dispose of any fecal waste matter that may be deposited on the ground by the pet. Any waste deposited by the pet must be immediately removed by the person in custody or control of the pet unless otherwise authorized by the property owner.

(d)

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, allowing, permitting, or suffering 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.

(e)

Industrial activity. No person shall conduct any industrial activity in the city without obtaining all permits required by state or federal law, including a NPDES general industrial activity stormwater permit when required. Persons conducting industrial activities within the city shall refer to the most recent edition of the Industrial/Commercial Stormwater Best Management Practices Handbook, produced and published by the California Stormwater Quality Association, for specific guidance on selecting best management practices for reducing pollutants in stormwater discharges from industrial activities.

(f)

Construction activity. No person shall commence any construction activity for which a permit is required pursuant to Los Angeles County Building Codes without implementing all stormwater and runoff pollution mitigation measures required by such a permit. All BMPs required as a condition of any permit for construction activity pursuant to this code shall be maintained in full force and effect during the term of the project, unless otherwise authorized by the director.

(Ord. No. 676, § 1, 2-2-2016)