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Whittier, CA Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit trigger
1+ acre of soil disturbance
Emergency filing
Description within 5 days, PRDs within 30
Onsite records
NOI, WDID number, SWPPP, inspection logs
Record retention
At least 3 years after completion
Enforcing agency
Public works director / authorized officers
Base penalty
Infraction, or misdemeanor by prosecutor's choice

Summary

Whittier requires any construction project disturbing one acre or more of soil by clearing, grading or excavating to first obtain a state NPDES construction general permit from the State Water Resources Control Board. Smaller construction jobs still must run erosion and sediment control best management practices pulled straight from the city's municipal stormwater permit tables, enforced by the public works director.

Construction activity not subject to the NPDES construction general permit that are subject to pollution control requirements under the municipal NPDES permit, shall implement BMPs prescribed by the regional board or its executive officer, or the city's public works director through programs or actions made pursuant to the municipal NPDES permit. This includes the implementation of an effective combination of erosion and sediment control BMP listed in table 7 and/or table 8 of the municipal NPDES permit, where applicable.

Full Breakdown

36 of the Whittier Municipal Code, the Stormwater and Runoff Pollution Control ordinance, splits construction sites into two tracks. 110, any site disturbing one acre or more must show the city it has obtained an NPDES construction general permit before work starts; the requirement carves out routine maintenance, agricultural disking and terracing, sites already under an individual NPDES permit, landfill construction under the industrial general permit, and combined-sewer discharges. A contractor who hits a public emergency requiring immediate work must file a brief description of the emergency activity within five days and submit the full permit registration documents within thirty days.

Permitted sites must keep a notice of intent, a waste discharge identification number, a stormwater pollution prevention plan and monitoring records on site, and retain them for at least three years after the job wraps, producing them on request from a city officer. 120 still requires an effective combination of erosion and sediment control BMPs drawn from Table 7 and Table 8 of the municipal NPDES permit, applied at the direction of the regional board, its executive officer, or Whittier's public works director. The public works director's authorized officers can inspect with consent or a warrant, collect samples, and demand monitoring reports at the property owner's expense.

Violations & Fines

Violating Chapter 8.36 is an infraction by default, though the city's enforcing attorney can file it as a misdemeanor instead; each day of noncompliance is a separate offense. The city can issue a notice of noncompliance with a compliance deadline of up to ninety days (extendable another ninety for good cause), or a cease-and-desist order, and can bill the violator for reinspection and enforcement costs. Continuing violations can be declared a nuisance under Government Code Section 38771, abated by the city, and recorded as a lien against the property under Government Code Sections 38773.1 and 38773.5.

Frequently Asked Questions

Does Whittier require an erosion control permit for small grading jobs?
If the disturbance is under one acre, the state NPDES construction general permit does not apply, but the site still must implement erosion and sediment control BMPs from Table 7 or Table 8 of the city's municipal NPDES permit under Section 8.36.120, enforced by the public works director.
What paperwork does a contractor need on a Whittier construction site?
Section 8.36.110(B) requires the notice of intent, the SWRCB waste discharge identification number, a stormwater pollution prevention plan and monitoring program plan, and inspection and compliance records, all kept on site and retained at least three years after completion.
What happens if I violate Whittier's construction stormwater rules?
Section 8.36.150 makes a violation an infraction unless the enforcing attorney charges it as a misdemeanor, with each day of noncompliance a separate offense; the city can also issue a cease-and-desist order, bill reinspection costs, and pursue nuisance abatement liens.
Is there an exception for emergency construction work?
Yes. Section 8.36.110(A) lets a discharger doing emergency work submit a brief description of the activity within five days of starting, followed by the full permit registration documents within thirty days.

Sources & Official References

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