Los Angeles Municipal Code Art. 4.4 Stormwater and Urban Runoff Pollution Control

Section

• 64.70 General Provisions.

• 64.70.01 Definitions and Abbreviations.

• 64.70.02 Pollutant Discharge Control.

• 64.70.03 Elimination of Illicit Discharges and Illicit Connections.

• 64.70.05 Authority to Inspect.

• 64.70.06 Authority to Arrest and Issue Citations.

• 64.70.07 Enforcement.

• 64.70.08 Remedies Not Exclusive.

• 64.70.09 Liability for Costs of Correction Arising from Unlawful Discharge.

• 64.70.10 Disposition of Money Collected.

• 64.70.11 Stormwater and Urban Runoff Pollution Education.

• 64.70.12 Construction and Application.

• 64.70.13 Severability.

64.72 Stormwater Pollution Control Measures for Development Planning and Construction Activities.

• 64.72.01 Authority of the Board of Public Works.

• 64.72.03 Supplemental Provisions.

• 64.72.04 Authority to Inspect and Enforce Stormwater Pollution Control Measures.

• 64.72.05 LID Plan Check Fees.

(Article and Section Added by Ord. No. 172,176, Eff. 10/1/98.)

A. Title. This article is known as “Stormwater and Urban Runoff Pollution Control” and may be so cited.

B. Objectives. The Watershed Protection Program (Stormwater Program) for the City of Los Angeles is managed by the Bureau of Sanitation along with all City Flood Protection and Pollution Abatement (Water Quality) Programs including, but not limited to, regulatory compliance, implementation, operations, reporting and funding. This article sets forth uniform requirements and prohibitions for discharges and places of discharge into the storm drain system and receiving waters necessary to adequately enforce and administer all federal and state laws, legal standards, orders and/or special orders that provide for the protection, enhancement and restoration of water quality. Through a program employing watershed-based approaches that balance environmental and economic considerations, and under the jurisdiction of the Board of Public Works, the City seeks to protect and promote the public health, safety and general prosperity of its citizens with the implementation of the following objectives: (Amended by Ord. No. 183,833, Eff. 10/3/15.)

1. To comply with all Federal and State laws, lawful standards and orders applicable to stormwater and urban runoff pollution control;

2. To prohibit any discharge which may interfere with the operation of, or cause any damage to the storm drain system, or impair the beneficial use of the receiving waters;

• 3. To prohibit illicit discharges to the storm drain system;
• 4. To reduce stormwater runoff pollution;
• 5. To reduce non-stormwater discharge to the storm drain system to the maximum extent practicable; and

6. To develop and implement effective educational outreach programs designed to educate the public on issues of stormwater and urban runoff pollution.

C. Scope. This article provides for the control and regulation of discharges to the storm drain system and receiving waters, through a program of education and enforcement of general and specific prohibitions and requirements. This article applies to all dischargers and places of discharge located within the City of Los Angeles that discharge stormwater or non-stormwater into any storm drain system or receiving waters. Except as otherwise provided herein, the Director, under the jurisdiction of the Board of Public Works, shall administer, implement and enforce the provisions of this ordinance.

D. Violations. Any person violating any of the provisions or failing to comply with the mandatory requirements of this article, shall be guilty of a misdemeanor unless such violation or failure is declared herein to be an infraction.

(Amended by Ord. No. 188,125, Eff. 4/2/24.)

A. Definitions. For the purpose of this article, the following words and phrases are defined and shall be construed as set out here, unless it is apparent from the context that they have a different meaning:

1. “Administrative Citation” means an Administrative Citation issued pursuant to Article 1.2 of Chapter 1 of this Code, unless otherwise specified. (Added by Ord. No. 186,366, Eff. 10/31/19.)

2. “Basin Plan” means a Water Quality Control Plan adopted by the California Regional Water Quality Control Board for a specific watershed or designated area.

3. “Best Management Practice (BMP)” means activities, practices, facilities and/or procedures that, when implemented, will reduce or prevent pollutants in discharges.

4. “Board” means the Board of Public Works of the City of Los Angeles or its duly authorized representative.

5. “Bureau” means the Bureau of Sanitation of the City of Los Angeles or its duly authorized representative.

6. “City” means the City of Los Angeles or its duly authorized representatives.

7. “Clean Water Act (CWA)” means 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.

8. “Commercial Activity” means any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services.

9. “Commercial Mall” means any development on private land which sells various merchandise. A Commercial Mall includes, but is not limited to, mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.

10. “Construction Activity” means clearing, grading or excavating that results in soil disturbance. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities required to immediately protect public health and/or safety.

11. “Control” means to minimize, reduce or eliminate by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities.

12. “Development” means the 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 any other non- residential projects, including public agency projects; or mass grading for future construction.

13. “Development Best Management Practices Handbook” means such handbook, as may be amended from time to time, adopted by the Board of Public Works.

14. “Director” means the Director of the Bureau of Sanitation of the Department of Public Works of the City of Los Angeles or the duly authorized representatives designated to administer, implement and enforce the provisions of this article.

15. “Discharge” means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid or solid substance.

16. “Emergency Fire Fighting Activities” means flows necessary for the protection of life and property. Discharges from vehicle washing, building fire suppression system maintenance and testing (e.g., sprinkler line flushing), fire hydrant maintenance and testing, and other routine maintenance activities are not considered emergency fire fighting activities.

17. “Environmentally Sensitive Areas (ESAs)” means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments. ESAs include, but are not limited to, areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments), areas designated as Significant Natural Areas by the California Department of Fish and Game’s Significant Natural Areas Program and field verified by the Department of Fish and Game, and areas listed in the Basin Plan as supporting the “Rare, Threatened, or Endangered Species (RARE)” beneficial use.

18. “Hazardous Substance(s)” has the same meaning as defined in California Penal Code Section 374.8(c).

19. “Illicit Connection” means any human- made conveyance that is connected directly to the storm drain system, excluding roof-drains, and any other similar connection that serves as a pathway for any illicit discharge.

20. “Illicit Discharge” means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. Illicit discharges include all non- stormwater discharges except discharges pursuant to an National Pollutant Discharge Elimination System (NPDES) permit or discharges that are exempted or conditionally exempted by the NPDES permit or granted as a special waiver or exemption by the Regional Board.

21. “Impervious Surface” means any human- 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.

22. “Industrial Activity” means any public or private activity that is associated with any of the 11 categories of activities defined in 40 CFR 122.26(b)(14) and required to obtain a NPDES permit.

23. “Industrial/Commercial Facility” means any facility, public or private, involved and/or used in either the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and/or non-professional services. This category of facility includes, but is not limited to, any facility defined by the Standard Industrial Classifications (SIC).

24. “Industrial Park” means an area zoned and planned for the purpose of industrial development.

25. “LID” means Low Impact Development.

26. “MS4” or “MS4 Permit” means the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Permit for Los Angeles County, as provided or as subsequently amended.

27. “Multi-Phased Project” means a Development or Redevelopment that is implemented over more than one phase.

28. “National Pollutant Discharge Elimination System (NPDES)” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under Sections 307, 402, 318 and 405 of the CWA. The term includes an “approved program.”

29. “Non-Stormwater Discharge” means any discharge to a municipal storm drain system that is not composed entirely of stormwater.

30. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, 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.

31. “Pollutant” means any “pollutant” defined in Section 502(6) of the Federal Clean Water Act or incorporated into Section 13373 of the California Water Code. Pollutants may include, but are not limited to, the following:

(a) Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge);

(b) Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic);

(c) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);

(d) 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;

(e) Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); and

(f) 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.

32. “Priority Development and Redevelopment Project” means a Development or Redevelopment that falls under the City’s MS4 planning and building authority for which the City must impose specific requirements, including the implementation of structural Best Management Practices to meet the performance requirements described in Part VIII.F.4 of the MS4 Permit, as provided or as subsequently amended. To the extent this definition conflicts with the operative MS4 Permit in the future, the MS4 Permit requirements for Priority Development and Priority Redevelopment Projects shall govern.

33. “Receiving Waters” means creeks, streams, rivers, lakes, estuaries, groundwater formations or other bodies of water into which surface water, treated waste or untreated waste are or may be discharged.

34. “Redevelopment” means the reconstruction or rehabilitation of any residential industrial, commercial, retail, or other non-residential land use projects, including any private or public agency projects.

35. “Regional Board” means the California Regional Water Quality Control Board, Los Angeles Region.

36. “Routine Maintenance” includes, but is not limited to, projects conducted to:

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

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

(c) Repair, regrade or maintain road shoulder, dirt or gravel roadways and shoulders or road ditches.

(d) Update existing facilities or lines, including replacing existing lines with new materials or pipes, to comply with applicable codes, standards and regulations regardless if such project results in increased capacity.

(e) Repair leaks.

Routine maintenance does not include construction of: (1) new lines not associated with existing facilities and are not part of a project to update or replace existing lines; or (2) new facilities resulting from compliance with applicable codes, standards and regulations.

37. “Rules and Regulations” shall mean “Rules and Regulations Governing Pollution Control of Discharges into the Storm Drain System” adopted by the Board of Public Works.

38. “SIC” or “Standard Industrial Classification” means the four-digit numerical code assigned by the United States government that categorizes a company’s particular industry.

39. “Site” means 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.

40. “Storm Drain System” means 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 Los Angeles.

41. “Storm Water or Stormwater” means 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)). Without any change in its meaning, this term may be spelled or written as one word or two separate words.

42. “Stormwater Pollution Prevention Plan (SWPPP)” means 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.

43. “Stormwater Quality Design Volume” or “SWQDV” means the greater of the following:

(a) The volume of runoff produced by a 0.75-inch, 24-hour rain event; or

(b) The volume of runoff produced by an 85th percentile, 24-hour rain event, as determined from the Los Angeles County precipitation isohyetal map. Hydromodification impacts shall be minimized to natural drainage systems as defined in the MS4 Permit.

44. “Toxic Materials” means any material(s) or combination of materials that directly or indirectly cause either acute or chronic toxicity in the water column.

45. “Untreated” means non-stormwater runoff, wastewater or wash waters that have not been subjected to any applicable Treatment Control, Best Management Practices or are not in compliance with conditions of a separate or general NPDES permit.

46. “Urban Runoff” means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial or industrial activities involving the use of potable and nonpotable water.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A. General Discharge Prohibitions. No person shall discharge, cause, permit, or contribute to the discharge of any of the following to the storm drain system or receiving waters:

1. Any liquids, solids or gases which by reason of their nature or quantity are flammable, reactive, explosive, corrosive, or radioactive, or by interaction with other materials could result in fire, explosion or injury.

2. Any solid or viscous materials which could cause obstruction to the flow or operation of the storm drain system.

3. Any pollutant that injures or constitutes a hazard to human, animal, plant, or fish life, or creates a public nuisance.

4. Any noxious or malodorous liquid, gas, or solid in sufficient quantity, either singly or by interaction with other materials, which creates a public nuisance, hazard to life, or inhibits authorized entry of any person into the storm drain system.

5. Any hazardous substance, including, but without limitation, medical waste, infectious waste and toxic materials. (Amended by Ord. No. 183,833, Eff. 10/3/15.)

B. Controlling the Discharge of Pollutants Associated with Industrial or Commercial Activities. Except as allowed under a general or separate NPDES permit, the following prohibitions apply to all persons operating or performing any industrial or commercial activities within the City of Los Angeles:

1. No person shall discharge, cause or permit the discharge of untreated wastewater from steam cleaning, mobile carpet cleaning, or from other such mobile commercial or industrial operations into the storm drain system.

2. No person shall discharge, cause or permit any discharge of untreated runoff containing grease, oil, antifreeze, other fluids from machinery, equipment, tools or motor vehicles, or hazardous substances into the storm drain system.

3. No person shall discharge, cause or permit the discharge of untreated runoff from the washing of toxic materials from paved or unpaved areas into the storm drain system.

4. No person shall discharge, cause or permit the discharge of wastewater from the washing out of concrete trucks into the storm drain system.

5. Violation of any of the following prohibitions within this subdivision shall be punishable as an infraction. (Amended by Ord. No. 186,366, Eff. 10/31/19.)

(a) No person shall discharge, cause or permit the discharge of untreated wash water from gas stations, auto repair garages, or from other types of automotive facilities into the storm drain system.

(b) No person shall discharge, cause or permit the discharge of untreated runoff from the washing of impervious surfaces into the storm drain system. This provision shall apply unless the washing is specifically required by State or local health and safety codes or unless the discharge is conditionally exempt as street or sidewalk washing as provided in Subdivision 2, Subsection A of Section 64.70.03 of this article.

(c) No person shall discharge, cause or permit the discharge of food wastes from the washing of any floor coverings such as duck boards, grates, mats or rugs from any commercial kitchen, or from any other commercial food preparation or processing activity, into the storm drain system.

(d) No person shall discharge, cause or permit the discharge of commercial/public swimming pool filter backwash into the storm drain system.

C. Controlling Spills, Dumping or Disposal of Materials to the Storm Drain System. This subsection applies to all persons within the City of Los Angeles and is in addition to any other anti-littering provisions provided in this Code, including, without limitation, Sections 56.08, 57.21.06, 62.54, 66.04 and 66.25. (Amended by Ord. No. 183,833, Eff. 10/3/15.)

1. The following prohibitions apply to all persons within the City of Los Angeles and any violation of this subdivision shall be punishable as a misdemeanor:

(a) No person shall throw, deposit, leave, cause or permit to be thrown, deposited, placed, or left, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, gutter, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City so that such materials, when exposed to stormwater or any runoff, become a pollutant in the storm drain system.

(b) No person shall intentionally dispose or cause the disposal of leaves, dirt, or other landscape debris into the storm drain system.

(c) No person shall spill, dump or dispose any pesticide, fungicide, or herbicide, into the storm drain system.

(d) No person shall leave, dispose, cause or permit the disposal of a hazardous substance in a manner that results or potentially could result in a spill, leak or drainage of such onto any sidewalk, street or gutter that discharges into or flows with any other runoff into the storm drain system. (Amended by Ord. No. 183,833, Eff. 10/3/15.)

(e) No person shall store fuels, chemicals, fuel or chemical wastes, animal wastes, garbage, batteries and any toxic materials in a manner that causes or potentially could cause the runoff of pollutants from these materials or wastes into the storm drain system. (Amended by Ord. No. 183,833, Eff. 10/3/15.)

(f) No person shall dispose, discharge, or permit the discharge of any sanitary or septage wastes from any source into the storm drain system.

D. Requirement to Prevent, Control, and Reduce Stormwater Pollutants. Any owner or operator of a facility or business within the City of Los Angeles engaged in activities or operations as listed in the Critical Sources Categories, Section III of the Board’s Rules and Regulations shall be required to implement Best Management Practices (BMPs) as promulgated in the Rules and Regulations. Any owner/developer of a property under construction within the City of Los Angeles or their designated representative shall be required to implement the stormwater pollution control requirements for construction activities as depicted in the project plans approved by the Department of Building and Safety. In the event a specified BMP proves to be ineffective or infeasible, the Director may require additional and/or alternative, site-specific BMPs or conditions deemed appropriate to achieve the objectives of this ordinance as defined in Subsection B of LAMC Section 64.70. Any violation or failure to implement a BMP in a timely manner shall be punishable as an infraction, unless the violation or failure is declared in this Code to be a misdemeanor. (Added by Ord. No. 175,026, Eff. 2/2/03.)

E. Controlling Pollutants From Parking Lots. Any owner or operator of industrial/commercial motor vehicle parking lots with more than twenty-five (25) parking spaces that are located in areas potentially exposed to storm water shall be required through regular sweeping or other effective measures to remove all debris during the period between October 1 and April 15. Violation of this subsection shall be punishable as an infraction. (Former Subsection D. re-designated Subsection E. by Ord. No. 175,026, Eff. 2/2/03.)

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A. Prohibition of Non-Stormwater Discharges. (Amended by Ord. No. 183,833, Eff. 10/3/15.) No person shall discharge non-storm water to the storm drain system, unless authorized by a separate or general NPDES Permit, or if the discharge is exempted or conditionally exempted by the NPDES Municipal Separate Storm Sewer Permit (MS4) for Los Angeles County, as provided or as subsequently amended, or if granted as a special waiver or exemption by the Regional Board.

1. Exempt Discharges. The NPDES Municipal Separate Storm Sewer Permit (MS4) for Los Angeles County provides for the following non- stormwater discharges to be discharged into the storm drain system:

(a) Discharges separately regulated by an individual or general NPDES permit;

(b) Temporary discharges authorized by the USEPA;

(c) Discharges from emergency fire fighting activities; or

(d) Natural flows, including:

i. Natural springs;

ii. Flows from riparian habitats or wetlands;

iii. Diverted stream flows;

iv. Uncontaminated ground water infiltration; or

v. Rising ground waters.

2. Conditionally Exempt Discharges. The following non-stormwater discharges may be allowed to be discharged into the storm drain system, subject to all appropriate BMPs. The Board may review and adopt appropriate BMPs for any conditionally exempt discharges and place said BMPs in the Board’s “Rules and Regulations Governing the Discharge of Conditionally Exempt Non-Stormwater Discharges.” The Board may from time to time, as it deems appropriate, change, modify, revise or alter existing BMPs. It shall be the responsibility of any discharger to comply with all Board adopted BMPs in existence at the time of discharge of any non-stormwater discharge set forth on this Conditionally Exempt Discharge list. If the Board has not adopted BMPs for any of the below listed discharges, the discharger may allow such a discharge provided it is in compliance with all other requirements of the “Stormwater and Urban Runoff Pollution Control Ordinance.” Discharge of any of the below listed “Conditionally Exempt Discharges” at a time prior to the Board’s adoption of BMPs for that particular discharge shall not relieve the discharger from compliance with the BMPs for the discharge once they are adopted by the Board. The “Conditionally Exempt Discharges” are as follows:

(a) Discharges from essential non- emergency fire fighting activities;

(b) Discharges from drinking water supplier distribution systems;

(c) Dewatering of lakes and decorative foundations;

(d) Landscape irrigation;

(e) Dechlorinated / debrominated swimming pool/spa discharges;

(f) Non commercial car washing by residents or by non-profit organizations;

(g) Street/sidewalk wash water;

(h) Water from crawl space or basement pumps;

(i) Hillside dewatering;

(j) Naturally occurring groundwater seepage via a MS4;

(k) Non-anthropogenic flows from a naturally occurring stream via a culvert or the MS4; and

(l) Other categories approved by the Executive Officer of the California Regional Water Quality Control Board, Los Angeles Region.

B. Illicit Connections. It is prohibited to establish, use, maintain, or continue illicit drainage connections to the City storm drain system, and to commence or continue any illicit discharges to the City storm drain system. This prohibition applies to connections made in the past. Improperly installed or defective rain diversion systems or devices that release pollutants into the storm drain system shall be considered illicit connections and shall be subject to removal or modifications. One year after the effective date of this article and after notification of the illicit connection, a person has ninety (90) days to remove or modify such connection. Any extension of time for removal or modification must be approved by the Board.

C. Storm Drain Connection Permits. No permit for any storm drain connection as required under Section 64.12 of this Code, shall be issued until the Board is satisfied that the discharge from the permitted connection will be in compliance with the provisions of this article and all applicable Federal and State discharge regulations or requirements.

D. Discharges Permitted By Industrial Wastewater Permits. Industrial Wastewater Permits issued for discharges of non-stormwater to the storm drain system, Waters of the State, and industrial waste discharges to points other than to the City’s Publicly Owned Treatment Works (POTW), that were previously permitted under Section 64.30 of this Code, shall be canceled by the Director. No Industrial Wastewater Permit will be required for discharges to any point other than to the POTW.

E. Reporting of Accidental Discharge to the Storm Drain System. (Added by Ord. No. 183,833, Eff. 10/3/15.) The Property owner, administrator, successors or other persons shall notify the Director of any accidental discharge to the City’s Stormdrain system as soon as any person who is either in charge of a facility or responsible for the emergency response for a facility has knowledge of any release of material, pollutants or waste which may result in pollutants or non-stormwater discharges entering the City Stormdrain system. Such person shall also take all necessary steps to ensure the full discovery, containment and clean-up of such release. A notice advising employees of the requirements of this provision and the telephone number to call to notify the Director of such release shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

(Added by Ord. No. 172,176, Eff. 10/1/98.)

A. Authority to Inspect. Whenever it is necessary to investigate the source of any discharge to any public street, inlet, gutter, or storm drainage system within the City of Los Angeles, to verify compliance with this article, or to enforce any of its provisions, or perform any duty imposed by this article or other applicable law, the Director is hereby authorized to enter such private property at any reasonable time and perform such inspection or investigation. Prior to performing any authorized inspections, entry to private property shall be obtained as follows:

1. If such building or premises is occupied, the Director shall first present proper credentials of identification and obtain either the consent of the owner or occupant of the private property or shall obtain an administrative warrant or criminal search warrant; or

2. If such building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry, explaining the reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the building or premises cannot be found, the Director shall have recourse to every remedy provided by law to secure entry and inspect the building or premises.

3. Notwithstanding the foregoing, if the Director has reasonable belief that the discharges emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection or remedial actions to abate conditions that endanger the public health or safety, the Director shall have the right to immediately enter the premises. Any reasonable means may be used to effect such entry to make the necessary inspection or abate the dangerous condition, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained. If the property is occupied, the Director shall first present proper credentials of identification to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

(a) In accordance with this subdivision, no person shall refuse, resist, restrict, delay, or interfere with the Director in the performance of the Director’s duties.

B. Inspection Duties. Upon securing entry onto private property, the Director shall be allowed to perform the following duties during an inspection:

1. To inspect, take samples of any area runoff, process discharge or materials within any exposed waste storage area and perform tests for the purpose of determining the potential for the contribution of pollutants to the storm drain system;

2. To place on the property of the inspected facility or site any such devices as are necessary to sample, monitor, measure and record flows of discharge or threatened discharge;

3. To inspect, examine and copy all records of the owner or occupant of inspected property that pertains to any discharge to the storm drain system, including records relating to chemicals or processes presently or previously occurring on the site, NPDES permit, Notice of Intent to comply with a General NPDES permit, waste discharge records, waste manifests, Storm Water Pollution Prevention Plans, monitoring plans, test results, any records or plans relating to discharge connections to the storm drain system and any other information required to carry out the provisions of this article;

4. To inspect and enforce the sufficient implementation of applicable Best Management Practices by the business establishment, property owner and/or developer; (Added by Ord. No. 175,026, Eff. 2/2/03.)

5. To photograph any materials, storage or process areas, wastes, waste containers, vehicles, connections, Best Management Practices, treatment systems, discharge location(s), or any violation(s) discovered during the inspection; and (Former Subdivision B.4. re-designated Subdivision B.5. by Ord. No. 175,026, Eff. 2/2/03.)

6. To abate, correct or prevent pollutants from entering the storm drain system or surface waters. (Former Subdivision B.5. re-designated Subdivision B.6. by Ord. No. 175,026, Eff. 2/2/03.)

(Amended by Ord. No. 183,229, Eff. 9/24/14.)

In addition to the provisions of Section 61.07(b) of this Code, the Director of the Bureau of Sanitation, the Assistant Director of the Bureau of Sanitation, the Division Manager of the Bureau of Sanitation, the Assistant Division Manager of the Bureau of Sanitation, Chief Environmental Compliance Inspectors, Senior Environmental Compliance Inspectors and Environmental Compliance Inspectors of the Bureau of Sanitation, designated to implement and enforce the provisions of this Article, shall have the power, authority, and immunity of a public officer or employee, as set forth in the California Penal Code Section 836.5, to make arrests without a warrant or release on citation whenever any of them has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in their presence which is a violation of this Article. Each citation to appear shall state the name and the address of the violator, the provisions of this article violated, and the time and place of appearance before the court. The person cited shall sign the citation giving the person’s written promise to appear as stated therein. If the person cited fails to appear, the City Attorney may request issuance of a warrant for the arrest of the person cited.

(Amended by Ord. No. 186,366, Eff. 10/31/19.)

A. Criminal and Civil Sanctions.

1. Misdemeanor. Every violation of this article is punishable as a misdemeanor unless such violation or failure to comply is declared therein to be an infraction. A misdemeanor shall be punishable as follows:

(a) A misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

2. Infraction. Violation of any provision of this article that is provided herein to be an infraction shall be punishable as follows:

(a) Every violation that is charged as an infraction is punishable by a fine not to exceed $200 for the first violation and $250 for the second violation of the same provision occurring at any time after the first violation. Any subsequent violation(s) of the same provision, occurring any time after the second violation of the same provision, shall be punishable as a misdemeanor.

3. Administrative Citation. Violation of any provision of this article may be punishable as a criminal offense or by the issuance of an Administrative Citation. An Administrative Citation shall be assessed the following administrative fines:

(a) An administrative fine of $250 for a first violation;

(b) An administrative fine of $500 for a second violation; and

(c) An administrative fine of $1,000 for a third violation and $1,000 for each subsequent violation.

B. Violations Deemed A Public Nuisance. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any provision of this article shall be deemed a public nuisance, and may be summarily abated by the City.

C. Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day a violation of this article is committed, continued, or permitted by the person, and shall be punishable accordingly as herein provided.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

Remedies provided for the enforcement of this article are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive.

(Amended by Ord. No. 186,366, Eff. 10/31/19.)

In addition to any fine or penalty imposed, whenever any discharger introduces or causes the introduction of non-storm water or any pollutant in violation of this article and the discharge results in a violation of any state or federal laws or regulations, damages public property, or adversely affects a storm drain system in the City of Los Angeles or receiving waters, the discharge shall be deemed a public nuisance, and the discharger shall be liable to the City for reasonable costs necessary to correct that discharge, detriment or adverse effect, including, but not limited to, labor, material, inspection, transportation, overhead, and incidental expenses associated with the corrective action or the clean-up of the pollutant and its effects.

In addition to the City’s right to recover all costs associated with the corrective action or the clean-up of the pollutant and its effects, the City shall also recover the City’s costs for administering any contract and supervising the work required if the City did not perform the cleanup directly. These administration costs shall equal 40 percent of the cost to perform the actual work, but not less than the sum of $100.

All costs incurred pursuant to this section shall be a personal obligation against the discharger and any owner of any property that is the source of any discharge, and are recoverable by the City in an action before any court of competent jurisdiction. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

(Amended by Ord. No. 175,026, Eff. 2/2/03.)

Any costs recovered pursuant to Section 64.70.09 of this article, or any funds received from the Los Angeles County Flood Control District Fund as reimbursement for any flood control activities or any type of program implementation as required by the NPDES Municipal Stormwater Permit, shall be deposited in the Stormwater Pollution Abatement Fund established by Section 64.51.11 of this Code. Notwithstanding the provisions for expenditure and disposition of funds provided in Sec. 64.51.11 and Sec. 64.51.13, funds collected under this section shall be reserved and expended only for those purposes for which the funds were recovered or reimbursed.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

As part of the City’s Stormwater Management Program, the Board shall develop and implement a public informational outreach program to educate residents and business persons who operate within the City of Los Angeles, including City employees, about the provisions of this article, the detrimental effects of stormwater and urban runoff pollution and the means for controlling such pollution. This program shall include but not be limited to: written or printed materials, audio and visual materials, posters, signs, films, videos, training courses, workshops, public service announcements, and any other applicable or appropriate educational tools or materials.

(Amended by Ord. No. 183,833, Eff. 10/3/15.)

This ordinance shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS004001 and any amendment, revision or reissuance thereof.

(Added by Ord. No. 172,176, Eff. 10/1/98.)

Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remainder shall continue in effect and shall be interpreted is such manner as to effectuate the objectives set forth in Section 64.70. of this article.

(Amended by Ord. No. 188,125, Eff. 4/2/24.)

(A) Objective. The provisions of this section contain requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the land Development requirements of the MS4 Permit through integrating LID practices and standards for stormwater pollution mitigation, and maximizing open, green, and pervious space on all Developments and Redevelopments consistent with the City’s landscape ordinance, codified at LAMC Section 12.40, as amended from time to time, and other related requirements in the Development Best Management Practices Handbook.

(B) Scope. This section contains requirements for stormwater pollution control measures for Development and Redevelopment projects, and authorizes the Board to further define and adopt stormwater pollution control measures, develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, collect Best Management Practices compliance plan check fees, conduct inspections, and cite violators for infractions and impose fines. Except as otherwise provided herein, the Board shall administer, implement, and enforce the provisions of this section.

(C) LID Requirements.

1. The following Priority Development and Redevelopment Projects shall comply with the standards and requirements of this article:

a. New Development projects in any of the following categories:

(i) Projects equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious surface area (collectively over the entire project site);

(ii) Industrial Parks of 10,000 square feet or more of surface area; or

(iii) Commercial Malls of 10,000 square feet or more of surface area.

b. Redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site) on any of the following:

(i) Existing sites of 10,000 square feet or more of impervious surface area;

(ii) Industrial Parks of 10,000 square feet or more of surface area; or

(iii) Commercial Malls of 10,000 square feet or more of surface area.

c. New Development and Redevelopment projects that create and/or replace 5,000 square feet or more of impervious surface (collectively over the entire project site) and support any of the following uses:

(i) Restaurants;

(ii) Parking lots;

(iii) Automotive service facilities (SIC 5013, 5014, 5511, 5541, 7532-7534 or 7536-7539); or

(iv) Retail gasoline outlets.

d. New Development or Redevelopment projects that create and/or replace 2,500 square feet or more of impervious surface area and are located partly or wholly within an Environmentally Sensitive Area as defined in the MS4 Permit.

2. Street and road construction of 10,000 square feet or more of impervious surface area shall follow U.S. EPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F-08-009) or as may be amended, to the maximum extent practicable. Street and road construction applies to standalone streets, roads, highways, and freeway projects. Temporary access roads are not subject to this requirement. Projects under this category are otherwise exempt from the requirements of this article and are not considered Priority Development and Redevelopment Projects.

3. Considerations for Redevelopment Projects.

a. Where Redevelopment results in an alteration to 50% or more of impervious surface of an existing developed site, the entire site must be mitigated consistent with LAMC Section 64.72(C)4., as may be amended from time to time.

b. Where Redevelopment results in an alteration of less than 50% of impervious surface of an existing developed site, only the alteration must be mitigated consistent with LAMC Section 64.72(C)4., as may be amended from time to time.

c. For purposes of this subsection, Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade (i.e., maintain the existing drainage pattern, including slope and elevation), hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade (i.e., maintain the existing drainage pattern, including slope and elevation).

4. In the following order of preference, Priority Development and Redevelopment Projects shall be designed to manage and capture stormwater runoff, to the maximum extent feasible, consistent with the MS4 Permit and Development Best Management Practices Handbook. In the event of any inconsistency between the MS4 Permit and the Development Best Management Practices Handbook, the MS4 Permit shall govern:

a. On-site infiltration, bioretention, evapotranspiration from green roof, and/or rainfall harvest and use;

b. If the above is infeasible, then on-site biofiltration, off-site groundwater replenishment, and/or off-site retrofit; and/or

c. If the above are infeasible, then on-site treatment. A LID mitigation plan shall be prepared to show that on-site stormwater management techniques are properly sized to mitigate the volume of water produced by the SWQDV.

5. When the on-site LID requirements are technically infeasible, partially or fully, as defined in the Development Best Management Practices Handbook, the infeasibility shall be demonstrated in the submitted LID mitigation plan. The technical infeasibility may result from conditions that may include, but are not limited to:

a. The infiltration rate of the saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soil to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDV on-site;

b. Locations where seasonal high groundwater is within 5 to 10 feet of surface grade;

c. Locations within 100 feet of a groundwater well used for drinking water;

d. Brownfield Development sites or other locations where pollutant mobilization is a documented concern;

e. Locations with potential geotechnical hazards; and/or

f. Smart growth and infill or Redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on-site volume retention requirement.

6. If partial or complete on-site compliance of any type is technically infeasible, the project site and LID mitigation plan shall be required to manage the flow from the SWQDV on-site in order to maximize on-site compliance. For the remaining runoff that cannot feasibly be managed on-site, the project shall implement off-site mitigation on public and/or private land within the same sub-watershed as defined by the MS4 Permit. This shall include construction and perpetual maintenance of projects that will achieve at least the same level of runoff retention, infiltration and/or use, and water quality.

7. A Multi-Phased Project may comply with the standards and requirements of this section for all of its phases by: (a) designing a system to satisfy these standards and requirements for the entire Site during the first phase; and (b) implementing these standards and requirements for each phase of Development or Redevelopment of the Site during the first phase or prior to commencement of construction of a later phase, to the extent necessary to treat the stormwater from such later phase. The Site of a Multi-Phased Project shall include any land and water area designed and used to store, treat, or manage stormwater runoff in connection with the Development or Redevelopment, including any tracts, lots, or parcels of real property, whether developed or not, associated with, functionally connected to, or under common ownership or control by such Development or Redevelopment.

8. The Director or the Director’s designee shall prepare, maintain, and update, as deemed necessary and appropriate, the Development Best Management Practices Handbook to set LID standards and practices and standards for stormwater pollution mitigation, including urban and stormwater runoff quantity and quality control development principles and technologies for achieving the LID standards. The Development Best Management Practices Handbook shall be consistent with the operative MS4 permit and shall also include technical feasibility and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements, and procedures as the Director deems necessary for implementing the provisions of this section. The Board shall adopt the Development Best Management Practices Handbook as soon as practicable but no later than 180 days after the effective date of this section.

9. The Director or the Director’s designee shall develop as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, informational bulletins, training manuals, and educational materials to assist in the implementation of the LID requirements.

10. Any Development or Redevelopment that is exempted from LID has the option to voluntarily opt in and incorporate into the project the LID requirements set forth herein. In such case, the Best Management Practices plan check fee associated with the project may be reduced or waived, and all LID related plan check processes shall be expedited.

(D) Other Agencies of the City of Los Angeles. All City departments, offices, entities, and agencies shall establish administrative procedures necessary to implement the provisions of this article in their Development and Redevelopment Projects and report their activities annually to the Board.

(Added by Ord. No. 173,494, Eff. 9/14/00.)

(A) Define & Adopt Best Management Practices (BMPs). The Board of Public Works shall have the authority to define and adopt best management practices necessary to control stormwater pollution from construction activities and facility operations to the maximum extent practicable and place said requirements in the Board of Public Works’ “Development Best Management Practices Handbook”. The Board of Public Works may from time to time, as it deems appropriate, change, modify, revise or alter stormwater pollution control best management practices.

(B) (Deleted by Ord. No. 183,833, Eff. 10/3/15.)

(Deleted by Ord. No. 183,833, Eff. 10/3/15.)

(Added by Ord. No. 173,494, Eff. 9/14/00.)

Provisions of this section shall be complimentary to, not replaced by, any requirements for stormwater mitigation existing under the California Environmental Quality Act.

(Added by Ord. No. 173,494, Eff. 9/14/00.)

(A) Violations. Notwithstanding the provisions of the grading or building permit, non-compliance with any provisions of this section and, or the required Covenant & Agreement pursuant to Chapter IX Article I Section 91.106.4.1 Exception 15, shall be considered an infraction and may be punishable in accordance with Section 64.70.07, Subsection A, Subdivision 2 of this article. Each day of non-compliance may be considered a separate violation.

(B) Inspection. Whenever it is necessary to make an inspection to enforce or verify compliance with any stormwater control provision, as imposed by this article, Chapter IX of the Los Angeles Municipal Code Article 1 Section 91.106.4.1 Exception 14, and Chapter IX Article 1 Section 91.106.4.1 Exception 15, the Board of Public Works or its representatives are hereby authorized to enter such property at any reasonable time to inspect for compliance with best management practices and perform any duty imposed by this article and the provisions of Section 91.106.4.1 Exception 14 and 15 of this Code, or other applicable law, provided that:

1. If such property be occupied, the Board of Public Works or its representative shall first present proper credentials to the occupant and request entry explaining their reasons therefor; and

2. If such property be unoccupied, the Board of Public Works or its representative shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining their reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Board of Public Works or its representatives shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

(Title and Section Amended by Ord. No. 181,899, Eff. 11/14/11, Oper. 5/12/12.)

(A) Before review and approval of a set of plans and specifications for checking, the applicant shall pay a Best Management Practices plan check fee.

(B) The fee schedule for providing Best Management Practices plan check services for LID Implementation Plan is as follows: (Amended by Ord. No. 183,833, Eff. 10/3/15.)

* Projects located in, adjacent to, or discharging directly to a designated Environmentally Sensitive Area (ESA)

(C) Special Projects. Any project may be categorized by the Bureau as a Special Project and billed for the actual cost incurred by the City. (Amended by Ord. No. 188,125, Eff. 4/2/24.)

(D) Off-hour Plan Check Fee. An applicant may apply to have the Bureau of Sanitation provide plan check services at other than normal working hours. If the Bureau approves an expedited application, the applicant must pay to the Bureau, in addition to the fees identified in Subsection B. of this Section, an additional fifty percent of the fees owed.

(E) All entities, including City Departments and other public agencies, are required to pay the fees identified in Subsection B. of this Section.

(F) Deposits to Fund. All monies collected pursuant to the provisions of this section shall be placed and deposited into the Stormwater Pollution Abatement Fund established by Section 64.51.11 of this Code. (Amended by Ord. No. 188,125, Eff. 4/2/24.)

(G) Applicability. The provisions of this article shall govern an application for a building or grading permit related to a Development or Redevelopment Project after the effective date of this ordinance and as otherwise consistent with this article. The provisions of this article shall also apply to a Development or Redevelopment project for which an application for a building or grading permit has been submitted before the effective date of this ordinance and accepted by the Department of Building and Safety if the associated permit application fees are paid on or after the effective date of this ordinance. An application for a building or grading permit of a Development or Redevelopment Project that has been submitted, accepted by the Department of Building and Safety, and for which the associated permit application fees are paid before the effective date of this ordinance shall be subject instead to the requirements for low impact development and stormwater approval process that existed prior to the effective date of this ordinance. (Added by Ord. No. 188,125, Eff. 4/2/24.)