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Meeting Date: February 21, 2017
AGENDA ITEM: Waive the Second Reading and Adopt Ordinance 629 of the City Council of the City of Livingston 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 21, 2017
PREPARED BY: Noe Martinez, Interim Public Works Director
REVIEWED BY: Odi Ortiz, Interim City Manager
Waive the second reading and adopt Ordinance No. 629 of the City Council of the City of Livingston 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.
Ordinance No. 629 was introduced by the City Council of the City of Livingston at its regular city council meeting of February 7, 2017. The ordinance was presented for public comment and a question was asked regarding the proposed prohibition of the pesticides or herbicides with active ingredients containing Diazinon or Chlorpyrifos.
Specifically, it was asked if the prohibition would only apply to commercial users. City staff responded that the intent of the ordinance was to prohibit the use of these pesticides completely within city limits. This prohibition would allow the City to comply with the California Water Resources Control Board Order No. 2013-0001-DWQ for regulating discharges to TMDL-impaired waters.
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 establish 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.
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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.
There are no fiscal impacts associated with this item. ATTACHMENTS:
1. Ordinance No. 629
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ORDINANCE NO. 629
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON 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
THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES ORDAIN as follows:
SECTION 1. Sections 9-12-3, 9-12-6, 9-12-7, 9-12-8, 9-12-9, 9-12-10 and 9-12-11 of Chapter
12, Urban Storm Water Quality Management of Title 9, Public Ways and Property, of the Livingston Municipal Code, are amended to read as follows:
URBAN STORM WATER QUALITY MANAGEMENT
For the purpose of this chapter, the following definitions shall apply:
Urban Runoff: Runoff collected by any roads with drainage systems, streets, curbs, gutters, catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets, conduits or other drainage structures owned, operated or approved by the City.
Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general good_ housekeeping practices, maintenance procedures, educational programs, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control facility non-storm water sources spillage or leaks, sludge or waste disposal, drainage from raw materials storage, and control of hazardous materials.
The California Stormwater Quality Association (CASQA) Storm Water Best Management Practice Handbooks for Municipal, Industrial/Commercial and Construction Activity provide a detailed discussion of BMPs. BMPs are required to be implemented and maintained in a manner that is consistent with the CASQA Best Management Practice Handbooks or equivalent guidelines.
California State Water Resources Control Board (SWRCB): The state agency charged with administration of the National Pollutant Discharge Elimination System (NPDES) permits.
Clean Water Act: The Federal water pollution control act, as amended, 33 USC 1251 et seq. Contaminated Groundwater: Groundwater mixed with a pollutant.
Director: The Director of Public Works, or his or her designee.
Enforcement Officer: The Director, or his or her designee.
Environmental Protection Agency (EPA): The Federal agency charged with enforcement of environmental laws and regulations.
National Pollutant Discharge Elimination System (NPDES) Permit: Storm water discharge permit for small municipal storm sewer systems (MS4). Construction General Permit, and Industrial General Permit issued by the SWRCB which authorizes the discharge of storm water pursuant to the Clean Water Act (33 USC 1342).
Non-Storm Water Discharge (NSWD): Any discharge to the storm drain system that is not composed entirely of storm water.
Notice of Intent (NOI): A form submitted to the SWRCB notifying the agency of a Person’s intent to be covered under the State General Permit for the control of construction site runoff on projects that disturb one acre of land or more, in one or more phases of construction or for industrial activities.
Person: Any individual, partnership, corporation, partnership, firm, company, corporation, limited liability company, association, joint stock company, trust, estate, government entity, or any other legal entity, or their legal representatives, agents or assigns.
Pollutant: Anything which causes deterioration of water quality such that it impairs subsequent and/or competing uses of water. Shall have the same meaning as defined in 40 CFR 122.2, and shall include, but not be limited to, any solid, liquid, gas, or other substance that can alter the physical or chemical properties of water including, but not limited to, fertilizers, solvents, sludge, petroleum or petroleum products, solid waste, garbage, sand, dirt, animal waste, acids, bases, paints, oil and other automotive fluids, rubbish, debris, hazardous waste, chemicals, fresh concrete, yard waste from residential and commercial landscaping operations, fecal coliform, fecal streptococci, enterococcus, heavy metals, materials that result from constructing a building or structure, and nauseous or offensive matter of any kind.
Premises:· Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
Regional Water Quality Control Board (RWQCB): The state division of the SWRCB charged with enforcement of the water quality laws and regulations in the state of California.
Storm Drain System: All or any part of publicly or privately owned and maintained roads, streets, catch basins, curbs, gutters, ditches, manmade channels, canals, storm drains and dry wells located within public easements, rights of way, parks, common areas, retention areas, or other publicly or privately owned or maintained real property designed or used for collecting, holding, or conveying storm water to Waters of the United States, or designed to be percolated (i.e., dry well) into the groundwater system.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Storm Water Runoff: Surface runoff and drainage associated with storm events.
Unlawful Connection: Any physical connection to a storm drain system which has not been permitted by the City.
Unlawful Discharge: Any discharge to the storm drain system that is not composed entirely of storm water or storm water discharges from private property designed or intended to be disposed of on-site. Any spilling, leaking, pumping, pouring, emitting, emptying, ejecting, placing, releasing, leaching, dumping or disposing into or on any land in a manner that may cause pollution.
9-12-6 : ULTIMATE RESPONSIBILITY OF DISCHARGER.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any Person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into Waters of the United States caused by said Person. This chapter shall not create liability on the part of the City of Livingston, or any agent or employee thereof, for any damages, claims, or liabilities that result from any dischargers, reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 625, 11-03-2015)
9-12-7 : NON-STORM WATER DISCHARGE; PROHIBITIONS AND EXEMPTIONS.
A. Discharge Of Substances: Unless expressly authorized or exempted by this chapter, no Person shall cause or allow the discharge to a public right of way or public storm drain system of any substance that is not composed entirely of storm water. Pollutant substances may include, but are not limited to, petroleum products (oil and grease), pesticides, fertilizers, household or industrial chemicals, industrial process wastewater, domestic sewage, and animal waste. Other potential sources of pollutants include washdown from parking lots, private paved roads, gasoline stations, industrial facilities, business enterprises, dwelling units and carwash fundraisers.
B. Disposing Of Materials: Unless expressly authorized or exempted by this chapter, no Person shall use, store, spill, dump, or dispose of materials in a manner that those materials could cause or contribute to the addition of pollutants to storm water. Pollutant materials may include, but are not limited to, refuse, rubbish, garbage or other discarded or abandoned objects, articles, or other litter in or upon any street, alley, sidewalk, storm drain system, business place, or upon any public or private plot of land in the city so that the same can become a pollutant by entering the storm drain system except in containers or in lawfully established waste disposal facilities.
C. Exemptions: The following discharges are exempt from the prohibitions set forth in subsections A and B of 9-12-7:
1. Discharges authorized by a separate NPDES or RWQCB permit.
2. The following categories of non-storm water discharges are permissible unless otherwise prohibited under subsection C3, C4, or C5 of 9-12-7:
a. Water line flushing,
b. Incidental runoff from landscaped areas defined as unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use, ·
c. Dive1ied stream flows;
d. Rising ground waters,
e. Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(b)(20),
f. Uncontaminated pumped ground water,
g. Discharges from potable water sources,
h. Foundation drains,
1. Air conditioning condensation, J . Springs,
k. Water from crawl space pumps,
1. Footing drains,
m Individual residential car washing on private property in which no commercial enterprise or non-profit fundraising is being conducted in the washing of those vehicles
n. Flows from riparian habitats and wetlands,
o. Dechlorinated swimming pool discharges,
p. Discharges from emergency firefighting activity,
q. Any discharge that the enforcement official, the local health officer or the Regional Water Quality Control Board determines, in writing, is necessary for the protection of the public health and safety,
r. Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official, or
s. Any other activity that the Director identifies is not a significant contributor of pollutants during the City of Livingston’s NPDES Storm Water Discharge Permit for Small MS4s’ permit term.
3. No Person shall discharge to public storm drain system any exempted discharge under this subsection if the Director or assigned designee identifies and provides written notice to the Person that the discharge has the potential to be a source of pollutants to receiving waters, waterways, or ground water.
4. No Person shall discharge to the public storm drain system anything that would result in or contribute to a violation of the City’s NPDES Storm Water Discharge Permit for Small MS4s. Liability for any such Unlawful Discharge shall be the responsibility of the Person causing or responsible for the discharge.
5. No Person shall establish, use, maintain, or continue any unlawful connection to the public storm drain system which has caused or is likely to cause a violation of this section. This prohibition is retroactive and shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization, or whether it was permissible under the law or practices applicable or prevailing at the time of the connection. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a storm water conveyance system, or allows such a connection to continue.
6. Excess Irrigation Runoff Prohibited: Non-storm water runoff discharge that is not · incidental is prohibited unless otherwise specified in this ordinance. Incidental runoff is defined as unintended amounts (volume) of runoff, such as unintended, minimal over spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence. No person shall allow irrigation runoff in excess of incidental runoff to occur. Any person responsible for controlling runoff in excess of incidental runoff shall:
a. Detect leaks (for example, from broken sprinkler heads) and correct the leaks within 72 hours of learning of the leak;
b. Properly design and aim sprinkler heads;
c. Not irrigate during precipitation events; and
d. Manage pond containing recycled water such that no discharge occurs unless the discharge is a result of a 25-year, 24-hour storm event or greater, and the appropriate Regional Water Board is notified by email no later than twenty-four
(24) hours after the discharge. The notification is to include identifying information, including the Permittee’ s name and permit identification number.
9-12-8 : OPERATING FACILITIES OR ACTIVITIES.
A. All Persons owning or operating Premises or engaged in activities who are required by Federal or State law to submit to SWRCB an NOI to comply with an NPDES stormwater discharge permit shall provide proof of permit coverage and the Storm Water Pollution Prevention Plan (SWPPP) to the Director upon request. Facilities required to apply for a stormwater discharge permit are identified in Attachment A of the State’s Industrial General Permit (IGP) and may include, but are limited to, maintenance operations, storage facilities, manufacturing activity, assembly operations, equipment operations, vehicle loading or fueling, food processing, trucking, or cleanup procedures which are carried out partially or wholly out of doors.
B. Authorization to Adopt and Impose Best Management Practices (BMP). Every person or entity, including the below-listed categories, undertaking any activity or use of premises that may cause or contribute to storm water pollution or contamination or illicit discharges shall comply with best management practice (BMPs) consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines
C. Business-related Activities
1. Storm Water Pollution Prevention Plan. The enforcement official may require any business in the City engaged in activities that may result in pollutant discharges to develop and implement a storm water pollution prevention plan, which shall include an employee training program. An employee training program is a documented employee training program that may be required to be implemented by a business pursuantto a storm water pollution prevention plan, for the purpose of educating its employees on methods of reducing discharge of pollutants to the storm water conveyance system. Business activities that may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment
operations, vehicle loading or fueling, or cleanup procedures carried out partially or wholly out of doors.
2. Coordination with hazardous materials release response plans and inventory. Any business requiring a hazardous materials release response and inventory plan, under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.
3. Coordination with hazardous waste generator contingency plan and emergency procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures, pursuant to California Code of Regulations, Title 22, Sections 66265 .51 to 66265 .56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-storm water discharge and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.
4. Ifa BMP is required by the Director or City Engineer to prevent a pollutant from entering the public storm drain system, the Person receiving the notice of such a requirement may petition the City Council of the City of Livingston to reconsider the application of the BMPs to the Premises or activity. The written petition must be received by the City Clerk within ten (10) working days of the notice issued by the Director or City Engineer. The petition shall set forth any reasons as to why application of BMPs to the Premises or activity should not be required and any proposed alternatives to such requirement. The City Council will act within thirty (30) calendar days of the filing of the petition.
9-12-9 : CONSTRUCTION SITES.
1. Any person performing construction activities in the City shall prevent pollutants from entering the storm water conveyance system and comply with all applicable Federal, State and local laws, ordinances or regulations, including but not limited to, the current California NPDES General Permit for storm water discharges associated with construction activity (Construction General Permit) and the City’s Urban Storm Water Quality Management and Discharge Control Ordinance. All construction projects, regardless of size, having soil disturbance or activities exposed to storm water must, at a minimum, implement BMPs for erosion and sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures, and prohibited discharges.
2. Any person subject to a construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, for projects subject to the State’s current Construction NPDES General Permit, the WDID number and the SWPPP shall be submitted to the City. For projects with less than an acre of soil disturbance or not subject to the Construction General Permit, an Erosion and Sediment Control Plan (ESCP) and the ESCP Worksheet must be submitted to the City.
3. As required by its Phase II MS4 NPDES Permit, the City will conduct storm water compliance inspections at applicable construction sites that have areas of soil disturbance exposed to storm water. The inspection will be conducted by a City inspector or agent working for the City who is a Qualified SWPPP Practitioner (QSP) or is supervised by a QSP. The inspection will evaluate the construction site’s compliance to the City’s storm water ordinances. Inspections will be billed by the City to the project owner. The following is the risk rating system and inspection frequency the City will use; which is analogous to the risk rating used by the California Construction· General Permit.
• Projects not subject to the CGP or that have an Erosivity Waiver will have a pre-soil disturbance inspection and a project completion inspection.
• Projects that are Risk l I LUP Type l or Risk 2 I LUP Type 2 will have a pre-soil disturbance inspection, monthly inspections, and a project completion inspection.
• Projects that are Risk 3 I LUP Type 3 will have a pre-soil disturbance inspection, bi-monthly (twice per month) inspections, and a project completion inspection.
Ifa project has been issued two consecutive notices of violation or does not correct a previously issued notice of violation by the due date set by the inspector, the project’s "threat to water quality" will be elevated by the City to the next highest category. This elevation of risk will not affect the risk rating for the Construction General Permit.
B. Any Person performing construction shall not cause or contribute to a violation of the NPDES stormwater discharge permit issued by the SWRCB to the City of Livingston. Liability for any such discharge shall be the responsibility of the Person causing or responsible for the discharge. Any Person performing construction shall undertake BMPs to minimize pollutants (including sediments) from leaving the construction site, provide protection from accidental discharge of pollutants to the public storm drain system, and comply with the cleanup and notification requirements of this chapter. Site operator shall ensure erosion and sediment control and control of waste and properly dispose of waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by Federal, State, County, or local authorities. BMPs are site specific and are consistent with the California Storm Water Quality Association (CASQA) Best Management Practice Handbooks or equivalent guidelines.
C. Ifa BMP is required by the Director or City Engineer to prevent a pollutant from entering the public storm drain system, the Person receiving the notice of such a requirement may petition the City Council of the City of Livingston to reconsider the application of the BMPs to the Premises or activity. The written petition must be received within ten (10) working days at the issuance of the notice by the Director or City Engineer and shall set forth any reasons as to why application of BMPs to the Premises or activity should not be required and any proposed alternatives to such a requirement. The City Council will act within thirty (30) calendar days of the filing of the petition. –
9-12-10 : DEVELOPMENT AND REDEVELOPMENT PROJECTS.
To reduce the volume of storm water runoff and minimize typical pollutants associated with storm water runoff from development or redevelopment projects, the City requires that the following measures be implemented as part of the project for compliance with the NPDES stormwater permit:
A. Site Design Measures for Small Development Projects: Projects that create and/or replace (including projects with no net increase in impervious footprint) between 2,500 square feet and 5,000 square feet of impervious surface, including detached single family homes that create and/or replace 2,500 square feet or more of impervious surface and are not part of a larger plan of development shall implement one or more of the following site design measures to reduce project site runoff and minimize associated pollutants:
1. Stream Setbacks and Buffers: A vegetated area including trees, shrubs, and herbaceous vegetation shall be retained (if existing) or established to protect a stream system or lake reservoir.
2. Soil Quality Improvement and Maintenance: Improve and/or maintain the soil through the incorporation of soil amendments and creation of microbial community.
3. Tree Planting and Preservation: Plant and/or preserve healthy established trees including evergreens and deciduous varieties, as applicable.
4. Rooftop and Impervious Area Disconnection: Reroute rooftop drainage pipes to drain rainwater to rain barrels, cisterns, or on-site permeable areas instead of the storm drain system.
5. Porous Pavement: Incorporate use of porous pavement, porous concrete and/or other permeable materials for onsite flat work (driveways, walkways, patios, parking areas, etc.) instead of traditional pavement or concrete.
6. Green Roofs: Incorporate use of a vegetative layer grown on a roof (rooftop garden).
7. Vegetated Swales: Construct an onsite vegetated, open-channel swale designed specifically to treat and attenuate storm water runoff.
Project proponents shall quantify the runoff reduction resulting from implementation of one or more of the above site design measures using the State Water Board Storm Water Multiple Application and Report Tracking System (SMARTS) Post-Construction Calculator or another methodology determined to be acceptable by the City.
B. Regulated Projects: Projects that create and/or replace ‘5,000 square feet or more of impervious surface.
1. Regulated projects shall implement site design measures, source control measures, Low Impact Development (LID) standards, and baseline hydrom6dification management described in this ordinance to effectively reduce runoff and pollutants associated with runoff. Proponents of regulated projects shall quantify the runoff reduction resulting from implementation of these measures. ·
2. Redevelopment projects, road projects, and linear underground/overhead projects (LUPs) are a special class of regulated project: these projects shall implement the following special requirements:
a. Where a redevelopment project results in an increase of more than 50 percent of the impervious surface of a previously existing development, runoff from the entire project (including the existing, new, and replaced impervious area) is regulated; in this case, the entire project site is considered to be part of the regulated project.
b. Where a redevelopment project results in an increase of less than 50 percent of the impervious surface of a previously existing development, only runoff from
the new and/or replaced impervious surface of the project is considered part of the regulated project.
c. Road Projects and LUPs – Any of the following types of road projects and LUPs that create 5,000 square feet or more of newly constructed contiguous impervious surface (either a newly constructed public road project or new private development projects that fall under the authority of the City of Livingston), shall be considered a regulated project; however, treatment of runoff of the 85th percentile that cannot feasibly be infiltrated onsite shall follow U.S. EPA guidance regarding green infrastructure to the extent possible. An LUP that is a discreet location that has 5,000 square feet or more of newly constructed impervious service shall be considered a regulated project. Types of projects include:
I. Construction of new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads.
II. Widening of existing streets or roads with additional traffic lanes.
i) Where the addition of traffic lanes results in an alteration of more than 50 percent of the impervious surface of an existing street or road, runoff from the entire project (including the existing, new, and/or replaced impervious surfaces) is considered to be part of the regulated project.
ii) Where the addition of traffic lanes results in an alteration of less than 50 percent of the impervious surface of an existing street or road, only the runoff from new and/or replaced impervious surface of the project is considered to be part of the regulated project.
d. Construction of LUPs.
e. Specific exclusions are:
1. Sidewalks built as part of new streets or roads and built to direct storm water runoff to adjacent vegetated areas.
2. Bicycle lanes that are built as part of new streets or roads that direct storm water runoff to adjacent vegetated areas.
3. Impervious trails built to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees.
4. Sidewalks, bicycle lanes, or trails constructed with permeable surfaces.
5. Trenching, excavation and resurfacing associated with LUPs; pavement grinding and resurfacing of existing roadways and parking lots; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as
pothole repair or replacement of short, non-contiguous sections of roadway. Where pavement is removed and base rock or soil is exposed, if more than 5,000 square feet is replaced it is a regulated project and not routine maintenance.
C. Source Control Measures: Operators of regulated projects with pollutant generating activities and sources shall implement permanent and/or operation source control measures, as applicable. Source control measures consistent with the recommendations from the CASQA Stormwater BMP Handbook for New Development and Redevelopment or equivalent manual, shall be implemented for the following pollutant generating activities and sources:
1. Accidental spills or leaks
2. Interior floor drains
3. Parking/storage areas and maintenance
4. Indoor and structural pest control
5. Landscape/outdoor pesticide use
6. Pools, spas, ponds, decorative fountains, and other water features
7. Restaurants, grocery stores, and other food service operations
8. Refuse areas
9. Industrial processes
10. Outdoor storage of equipment or materials
11. Vehicle and equipment cleaning
12. Vehicle and equipment repair and maintenance
13. Fuel dispensing areas
14. Loading docks
15. Fire sprinkler test water
16. Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources
17. Unauthorized non-storm water discharges
18. Building and grounds maintenance
D. Low Impact Development (LID) Standards: All regulated projects shall implement Low Impact Development standards designed to reduce runoff and treat storm water conforming to the following criteria:
1. Site Assessment: Developers of regulated projects shall assess and evaluate how site conditions (i.e. soils, vegetation, and flow paths) will influence the placement of buildings and paved surfaces; this evaluation shall be used to satisfy the goals of capturing and treating runoff and assuring the goals of LID are incorporated into the project design. The following methods shall be used to optimize the site layout:
a. Define the development envelope and protected areas, identifying areas that are most suitable for development and areas to be left undisturbed.
b. Concentrate development on portions of the site with less permeable soils and preserve areas that can promote infiltration.
c. Limit overall impervious coverage of the site with paving and roofs.
d. Set back development from creeks, wetlands, and riparian habitats.
e. Preserve significant trees.
f. Conform the site layout along natural landforms.
g. Avoid excessive grading and disturbance of vegetation and soils.
h. Replicate the site’s natural drainage patterns.
1. Detain and retain runoff throughout the site.
2. Drainage Management Areas (DMAs): As part of the design, the project site shall be divided into discrete DMAs. Each DMA shall manage runoff using site design measures, source controls and/or storm water treatment and baseline hydromodification measures.
3. Numeric Sizing Criteria for Storm Water Retention and Treatment: Regulated projects shall be designed to evapotranspire, infiltrate, harvest/use, and/or biotreat storm water to satisfy at least one of the following hydraulic sizing design criteria:
a. Volumetric Criteria:
1. The storm water runoff volume determined using the formula and volume capture coefficients in Urban Runoff Quality Management, Water Environment Federation (WEF) Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998); or,
2. The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology in Section 5 of the CASQA’s Stormwater Best Management Practice Handbook, New Development and Redevelopment (2003), using local rainfall data; or,
b. Flow-based Criteria:
1. The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or,
2. The flow of runoff produced from a rain event equal to at least 2 times the 85th percentile hourly rainfall intensity as determined from local rainfall records.
4. Site Design Measures: Site design measures as described in this ordinance shall be used to reduce the amount of runoff, to the extent technically feasible, to achieve the infiltration, evapotranspiration, and/or harvesting/reuse of the 85111 percentile 24-hour storm runoff event; any remaining runoff from impervious DMAs may then be directed
to one or more bioretention facilities.
5. Source Controls: Permanent and/or operation source control measures as described in this ordinance shall be incorporated into the project design.
6. Storm Water Treatment Measures and Baseline Hydromodification Management Measures: After implementation of site design measures, remaining runoff from impervious DMAs must be directed to one or more facilities designed to infiltrate, evapotranspire, and/or bioretain the amount of runoff determined from numeric sizing criteria for storm water retention and treatment. The facilities must be demonstrated to be at least as effective as a bioretention system with the following design parameters:
a. Maximum surface loading rate of 5 inches per hour, based on the flow rates calculated. A sizing factor of 4% of tributary impervious area may be used.
b. Minimum surface reservoir volume equal to surface area times a depth of 6 inches.
c. Minimum planting medium depth of 18 inches. The planting medium must sustain a minimum infiltration rate of 5 inches per hour throughout the life of the project and must maximize runoff retention and pollutant removal. A mixture of sand (60%-70%) meeting the specifications of American Society for Testing and Materials (ASTM) C33 and compost (30%-40%) may be used.
d. Subsurface drainage/storage (gravel) layer with an area equal to the surface area and having a minimum depth of 12 inches.
e. Underdrain with discharge elevation at top of gravel layer.
f. No compaction of soils beneath the facility, or ripping/loosening of soils if compacted.
g. No liners or other barriers interfering with infiltration.
h. Appropriate plant palette for the specified soil mix and maximum available water use.
7. Alternative Designs: Facilities, or a combination of facilities, of a different design than described in Section 9-12-1O.D.6 may be permitted if all of the following measures of equivalent effectiveness are demonstrated:
a. Equal or greater amount of runoff infiltrated or evapotranspired;
b. Equal or lower pollutant concentrations in runoff that is discharged after biotreatment;
c. Equal or greater protection against shock loadings and spills;
d. Equal or greater accessibility and ease of inspection and maintenance.
8. Allowed Variations for Special Site Conditions: The bioretention system design parameters in Section 9-12-1O.D.6 may be adjusted for the following special site conditions:
a. Facilities located within 10 feet of structures or other potential geotechnical hazards established by the geotechnical expert for the project may incorporate an impervious cutoff wall between the bioretention facility and the structure or other geotechnical hazard.
b. Facilities with documented high concentrations of pollutants in underlying soil or groundwater, facilities located where infiltration could contribute to a geotechnical hazard, and facilities located on elevated plazas or other structures may incorporate an impervious liner and may locate the underdrain discharge at the bottom of the subsurface drainage/storage layer (this configuration is commonly known as a "flow-through planter").
c. Facilities located in areas of high groundwater, highly infiltrative soils or where connection of underdrain to a surface drain or to a subsurface storm drain are infeasible, may omit the underdrain.
d. Facilities serving high-risk areas such as fueling stations, truck stops, auto repairs, and heavy industrial sites may be required to provide additional treatment to address pollutants of concern unless these high-risk areas are isolated from storm water runoff or bioretention areas with little chance of spill migration.
9. Exceptions to Requirements for Bioretention Facilities: Ifthe use of bioretention or a facility of equivalent effectiveness is infeasible (due to construction constraints, not financial constraints), other types of biotreatment or media filters (such as tree-box-type biofilters or in-vault media filters) may be used for the following categories of Regulated Projects:
a. Projects creating or replacing an acre or less of impervious area, and located in a designated pedestrian-oriented commercial district (i.e., smart growth projects), and having at least 85% of the entire project site covered by permanent structures;
b. Facilities receiving runoff solely from existing (pre-project) impervious areas; and,
c. Historic sites, structures or landscapes that cannot alter their original configuration in order to maintain their historic integrity.
E. Hydromodification Management.
Projects that create and/or replace one acre or more of impervious surface are considered to be hydromodification management projects. A project that does not increase impervious surface area over the pre-project condition is not a hydromodification management project.
The post-project runoff from a hydromodification management project shall not exceed the estimated pre project flow rate for the 2-year, 24-hour storm. (Ord. 625, 11-03-2015)
9-12-11 : POST CONSTRUCTION OPERATION AND MAINTENANCE.
A. Maintenance Responsibility
Owners of property on which a regulated project has been developed shall agree to accept responsibility for the operation and maintenance of the onsite installed source control measures, treatment systems, and hydromodification controls. This agreement shall be in the form of a signed and notarized operation and maintenance agreement to be recorded in the Merced County Recorder’s Office; responsibility shall transfer to any successors in interest of the property.
Multi-parcel or multi-owner projects (gated communities, condominiums, etc.) shall operate and maintain any commonly owned source control measures, treatment systems, and hydromodification controls either through a homeowners association, through a condominium agreement, or other legally enforceable agreement or mechanism.
Source control measures, treatment systems, or hydromodification controls that are publicly-owned or built within the public rights of way shall be operated and/or maintained by the City or other public agency using funds levied on the development or redevelopment project in the form of assessment districts or other acceptable collection mechanism for the purpose of reducing runoff and mitigating pollutants as described in this ordinance. Owners of prope1ty on which a regulated project has been developed shall agree to and consent to these assessment fees as determined by the City at its sole discretion. This assessment district shall be recorded in the Merced County Recorder’s Office; responsibility shall transfer to any successors in interest of the property.
B. Inspection Authorization
The recorded operation and maintenance agreement shall include a provision authorizing the City to access the project site for the sole purpose of performing inspections of the installed treatment systems and hydromodification controls. (Ord. 625, 11-03-2015)
SECTION 2. Subsection (b) Restrictions of Section 5-5-5 of Chapter 5, Specific Use Regulations of Title 5, Zoning Regulations, of the Livingston Municipal Code, is amended to read as follows:
(B) Limitation On Permitted Uses:
(1) No operation conducted on the premises shall cause an unreasonable amount of noise, odor, dust, mud, smoke, vibration or electrical interference, detectable off the premises.
(2) Application of pesticides or herbicides with any active ingredients containing Diazinon or Chlorpyrifos is prohibited.
SECTION 3. Severability. Ifany provision of this Ordinance or the application thereof to any Person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.
Introduced: February 7, 2017
Passed and Adopted: February 21, 2017
Jim Soria, Mayor
of the City of Livingston
State of California ) County of Merced ) City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the J1h day of February, 2017, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 21st day of
February, 2017, by the following vote:
Betty Cota, Deputy City Clerk of the City of Livingston