Urban Runoff Pollution Ordinance 2017 Proposed Update Dean Kubani Assistant Director of PW/Chief Sustainability Officer Department of Public Works

Background The Urban Runoff Pollution Mitigation Ordinance was established in 1995 by the Santa Monica City Council Purpose control pollution associated with rainwater, stormwater and dry-weather runoff. comply with the standards and regulations of the Clean Water Act Updates adopted in 2000 and 2010 to comply with new Clean Water Act regulations The Urban Runoff Pollution Mitigation Ordinance was established in 1995 by the Santa Monica City Council requiring temporary construction, permanent post-construction, and daily “good housekeeping” Best Management Practices in order to control pollution associated with rainwater, stormwater and dry-weather runoff. The goal is to reduce runoff volume and thereby pollution, and to comply with the standards and regulations of the Clean Water Act, e.g., the National Pollutant Discharge Elimination Systems (NPDES) Permit. The Ordinance was updated in 2000 and 2010 to comply with new Clean Water Act regulations, and to shift the focus to Low Impact Development and Green Infrastructure solutions.

Proposed Changes: Introduction Overview: The 2017 update brings the ordinance into compliance with the 2012 NPDES Permit. Proposed Changes: Update the definitions to reflect the changes in 2012 NPDES Permit. Correct challenges for implementation and customer compliance: Stronger anti-litter, fugitive trash, covered receptacles language. Discharge associated with draining water features and testing fire suppression. Language for the Marine Debris (trash) Total Maximum Daily Load. Annual inspection requirements. Transfer of property procedures. Mandate a new strategy for onsite harvesting and use.

Proposed Changes: Definitions Sample definitions to be updated: Bio-filtration Bio-retention Dechlorinated/Debrominated Swimming Pool Discharge Demolition Green Infrastructure Green Roof Pressure Washing/Sidewalk Rinsing Stormwater Quality Design Volume (SWQDv) Trash

Proposed Changes: New Ordinance Requirements Plastic or rubber pellets: Facilities which handle, store or utilize plastic or rubber pellets shall comply with provisions of the City’s Plastic Pellet Management Plan, in order to meet Federal guidelines. Swimming pools, hot tubs, spas, fountains and water features shall drain to an onsite permeable surface or to the sanitary sewer. Any drainage to the storm drain system must be approved at least 24 hours in advance and the drainage shall not create a safety issue or public nuisance. Help to address challenges that the City has had in the past in complying with the requirements of the National Pollution Discharge Elimination System requirements

Proposed Changes: New Ordinance Requirements Discharges from building fire suppression system maintenance or testing require a minimum 24-hour advance notice to the City’s Water Resources Protection Program. Property owners with Post-construction BMPs shall be responsible for annual inspection and maintenance, as well as for verifying the system’s compliance through submission of the City’s annual compliance form. The transfer of any property with Post-construction BMPs shall include, as a written condition to the transfer, that the transferee (new owner) assumes full responsibility for the onsite BMPs.

Proposed Changes: New Ordinance Requirements The generation of “fugitive” trash (trash escaping from a unsealed container) by runoff, wind or animal activity is prohibited. Property owners who repeatedly violate this provision may be required to berm, wall or curb areas that are generating said trash, in addition to providing sealed containers. The City shall maintain a map designating areas within the City where it has been determined that certain types of Post-Construction BMPs are not appropriate, e.g., Palisades Bluffs, sites with contaminated soils, etc.

Proposed Changes: Mandated Onsite Collection and Use New development on parcel > 15,000 sq.ft. Capture, store and use 100% of the runoff mitigation volume from the development This requirement applies to new building permits, not building permits already in the review queue. This requirement applies to new buildings and major or substantial remodels, e.g., where at least 50% of the building shell and interior are impacted. For any new construction requiring runoff mitigation (minimum is 15,000 square foot parcel), the Runoff Mitigation Plan shall demonstrate that the applicant will store and use 100% of the runoff mitigation volume (SWQDv). This stored water shall be used to replace municipal potable water for non-potable applications and will not be subject to the Runoff Reduction Fee (unless otherwise designated by appropriate City staff). If the mitigated volume is more than the non-potable water demand for the site, then the surplus mitigation volume shall be addressed via another solution, such as infiltration or fee in lieu. This requirement applies to new building permits, not building permits already in the review queue. This requirement applies to new buildings and major or substantial remodels, e.g., where at least 50% of the building shell and interior are impacted.

Recommended Action Introduce for First Reading Ordinance to Update and Clarify Municipal Code Chapter 7.10 - Urban Runoff Pollution Control For any new construction requiring runoff mitigation (minimum is 15,000 square foot parcel), the Runoff Mitigation Plan shall demonstrate that the applicant will store and use 100% of the runoff mitigation volume (SWQDv). This stored water shall be used to replace municipal potable water for non-potable applications and will not be subject to the Runoff Reduction Fee (unless otherwise designated by appropriate City staff). If the mitigated volume is more than the non-potable water demand for the site, then the surplus mitigation volume shall be addressed via another solution, such as infiltration or fee in lieu. This requirement applies to new building permits, not building permits already in the review queue. This requirement applies to new buildings and major or substantial remodels, e.g., where at least 50% of the building shell and interior are impacted.