§ 6.15.010. General provisions and legislative findings.

A.

AUTHORITY. The United States Congress passed the Clean Water Act as a mandate, in part, that cities obtain permits to "effectively prohibit non-stormwater discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable." This permitting authority has been delegated by the United States Environmental Protection Agency (EPA) to the state of California, which has authorized the state water resources control board and its regional boards to control non-point source and point source discharges to waters of the United States. The city is a permittee under the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4," issued by the regional board (Order No. R4-2012-0175) which also serves as an NPDES permit under the Federal Clean Water Act (NPDES No. CAS004001), as well as waste discharge requirements under California law. The city of Duarte is authorized by Article XI, § 5 and § 7 of the State Constitution to exercise the police power of the state by adopting regulations to promote public health, public safety and general prosperity.

B.

APPLICABILITY. The provisions of this chapter shall apply to the discharge, deposit or disposal of any stormwater and/or urban runoff to the storm drain system and/or receiving waters within any incorporated areas of the city of Duarte.

C.

PURPOSE AND INTENT. The purpose and intent of this chapter is to protect and enhance the quality of the waters of the state and the United States located within and/or flowing out of the city of Duarte, in accordance with the requirements of the Clean Water Act and state law, by:

1.

Imposing requirements designed to ensure compliance with all federal and state laws, regulations and orders applicable to runoff within the city of Duarte.

2.

Effectively prohibiting non-stormwater discharges into the municipal stormwater system.

3.

Reducing the discharge of pollutants to the municipal stormwater system, to the maximum extent practicable, including those pollutants associated with industrial and commercial activities, as needed for the city of Duarte to be determined to be in compliance with applicable water quality standards/receiving water limitations.

4.

Prohibiting and eliminating illicit discharges and connections to the municipal stormwater system.

5.

Establishing measures to control the discharge of spills, dumping, or disposal of materials other than stormwater to the municipal stormwater system.

6.

Developing and implementing a progressive enforcement policy to ensure that regulated industrial/commercial facilities, construction project sites, development and redevelopment project sites with post-construction controls, and illicit discharges are each brought into compliance with all stormwater and non-stormwater requirements within a reasonable time period.

D.

CONSTRUCTION AND APPLICATION. This chapter shall be interpreted to be consistent with the requirements of the municipal NPDES permit. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, or regulation, or other provision of law, whichever provisions are more restrictive or impose more protective standards for human health or the environment shall take precedence.

(Ord. No. 855 , § 1, 2-10-2015)