17 Introduce and Waive the First Reading of an Ordinance Amending Portions of Chapter 12 of Title 9 of the Livingston Municipal Code Pertaining to Urban Storm Water Quality Management and Amending Section 5-5-5 of the Livingston Municipal Code Pertaining to Specific Use Regulations.

Meeting Date: February 07, 2017

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STAFF REPORT

AGENDA ITEM: Introduce and Waive the First Reading of an Ordinance Amending Portions of Chapter 12 of Title 9 of the Livingston Municipal Code Pertaining to Urban Storm Water Quality Management and Amending Section 5-5-5 of the Livingston Municipal Code Pertaining to Specific Use Regulations

MEETING DATE: February 7, 2017

PREPARED BY: Noe Martinez, Interim Public Works Director

REVIEWED BY: Odi Ortiz, Interim City Manager

RECOMMENDATION:

Introduce and waive the first reading of Ordinance No. , amending portions of Chapter 12 of Title 9 of the Livingston Municipal Code pertaining to Urban Storm Water Quality Management and amending Section 5-5-5 of the Livingston Municipal Code pertaining to Specific Use Regulations.

BACKGROUND:

Ordinance No. 625 was adopted by the City Council on November 3, 2015 and codified on the Livingston Municipal Code as Chapter 12 of Title 9.

This ordinance provides that the City of Livingston, as an MS4 operator, would prohibit the discharge of materials or substances other than storm water, except for authorized discharges (i.e. fire hydrant flushing and pool dewatering), into the City’s storm drain system and establishes a procedure for enforcement and sanctions against illicit discharges, construction activities violations and illegal connections that may pose a threat of pollutant discharges to receiving waters.

Ordinance No. 533 was adopted by the City Council on August 16, 2005, and was codified on the Livingston Municipal Code as Chapter 5 of Title 5. This ordinance was passed to regulate certain businesses and activities within the City of Livingston. Section 5 of Chapter 5 (5-5-5) outlines the prohibited operations within premises including an unreasonable amount of noise, odor, dust, mud, smoke, vibration or electrical interface.

DISCUSSION:

The City of Livingston has been implementing Ordinance No. 625 since its adoption, but changes are needed to establish adequate legal authority for construction activities and industrial operators pursuant to the California Water Resources Control Board Order No. 2013-0001-DWQ pursuant to the MS4 Phase II Permit guidelines. Other changes include minor corrections to various sections of the ordinance.

Ordinance No. 625 is being amended to include the following significant changes:

• Correction to Section 9-12-3 Definitions: changes to definitions of BMPs.

• Correction to Section 9-12-7 Non-storm Water Discharge: changes to exemptions including incidental runoff from landscaping areas, individual residential car washing, dechlorinated swimming pool discharges, etc.

• Correction to Section 9-12-8 Operating Facilities or Activities: changes to responsibilities of operating facilities being required to apply for Industrial permit coverage.

• Incorporates new regulations under Section 9-12-9 Construction Sites: to address Compliance with Construction General Permit, Erosion Sediment Control Plans, authority to conduct site inspections, issue notice of violations, and enforcement of site specific BMPs.

Ordinance No. 533 requires changes for the City of Livingston to comply with the Water Resources Control Board order pertaining to the management of storm water quality. Ordinance No. 533 is being amended to include the prohibition of any application of pesticides or herbicides with active ingredients containing Diazinon or Chlorpyrifos.

FISCAL IMPACT:

There are no fiscal impacts associated with this item.

ATTACHMENTS:

1. Ordinance No.

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