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ORDINANCE NO. 96-21
Storm Water Management and Discharge Control
The County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County
Ordinance Code):
SECTION I. SUMMARY. This ordinance adds Division 1014 to the County
Ordinance Code relating to storm water management and discharge control.
SECTION II. Section 14-8.008 of the County Ordinance Code is amended to
authorize the public works director to issue citations and make arrests in connection
with violations of new division 1014, to read:
14-8.008 Infraction Arrest and Citation (a) The following officers, or their
designated subordinates, shall have and are hereby vested with the authority to arrest
any person who violates the following provisions of this code punishable as
infractions:
(1) director of health services -- division 413 and chapter 450-6;
(2) director of building inspection -- Title 7;
(3) director of community development -- Title 8;
(4) director of public works -- divisions 1002, 1010, 1014, 1106, and
1110.
(5) director of growth management and economic development -- as
provided by Section 16-4.012.
(b) The above-listed officers, or their designated subordinates, may issue
citations for infraction violations of the above-listed code provisions.
(c) The county administrator may by written order issue regulations to
provide for administration, procedures and policy direction for this section.
(Ords. 9'6-21§ 2, 95-36 § 1, 90-122 § 2, 86-80 § 2; Penal Code §§ 19.7, 836.5, and
853.6).
ORDINANCE NO. 96-21
1
SECTION III. Division 1014 is added to the County Ordinance Code to read:
Division 1014
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Chapters:
1014-2 General Provisions
1014-4 Application
1014-6 Enforcement
Chapter 1014-2
General Provisions
Sections:
1014-2.002 Intent and purpose.
1014-2.004 Definitions.
1014-2.006 Responsibility for administration.
1014-2.002 Intent and purpose.
(a) Intent. The intent of this division is to protect and enhance the water
quality of the county's unincorporated area watercourses pursuant to, and consistent
with, the Federal Water Pollution Control Act.
(b) Purpose. It is the purpose of the board of supervisors in enacting this
division to protect the health, safety and general welfare of the citizens of the
unincorporated area of the county, by:
(1) Eliminating non-storm water discharges to the county's storm water
system.
(2) Controlling the discharge to the county's storm water system from
spills, dumping or disposal of materials other than storm water.
(3) Reducing pollutants in storm water discharges to the maximum
extent practicable.
(Ord. 96-21 § 3.)
1014-2.004 Definitions. When used in this division, the following words
and phrases shall be as defined herein. Words and phrases used in this division and
not otherwise defined shall be interpreted as defined in the regulations of the U.S.
ORDINANCE NO. 96- 21
2
Environmental Protection Agency to implement the provisions of the Federal Water
Pollution Control Act, (the "Clean Water Act"), as amended (33 U.S.C. § 1251 et
seq.), and as defined by the State Water Resources Control Board to implement the
Porter-Cologne Water Quality Control Act (the "Porter-Cologne Act"), as amended
(Water Code, § 13020 et seq.).
(a) "Authorized county employee(s)" means those individuals designated by
the public works director.
(b) "Best management practices" or "BMPs" are schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution prevention
practices, maintenance procedures, and other management practices to prevent or
reduce the discharge of pollutants directly or indirectly to watercourses, water bodies,
and wetlands. BMPs also include treatment requirements, operating procedures,
design specifications, and practices to.control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
(c) "Facility" means any non-residential premises.
(d) "Illicit discharge" means any discharge to the county's storm water
system that is not composed entirely of storm water, except a discharge pursuant to a
NPDES permit.
(e) "NPDES" means the National Pollution Discharge Elimination System,
established by the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. section 1251 and following.
(f) "Pollutant" means any material other than storm water, including but
not limited to petroleum products or by-products, solid waste, incinerator residue,
sewage, sewage sludge, heat, chemical waste, biological materials, radioactive
materials, wrecked or discarded equipment, rock, sand, soil and industrial, municipal
or agricultural waste discharged into the water.
(g) "Premises" means any building, lot, parcel, real estate, land or portion of
land, whether improved or unimproved, including adjacent sidewalks and parking
strips.
(h) "Storm water" means storm water runoff, snow melt runoff, surface
water runoff and drainage.
(i) "Storm water system" means those facilities by which storm water may
be conveyed to any stream, watercourse, other body of water or wetlands, including
flood control channels, any roads with drainage systems, county highways, catch
basins, curbs, gutters, ditches, man-made or storm drains, storm water conveyance
system or storm sewer system, which are not part of a Publicly Owned Treatment
Works ("POTW"), as that term is defined in 40 CFR section 122.2.
(Ord. 96- 21§3.)
ORDINANCE NO. 96- 21
3
1014-2.006 Responsibility for administration. This division shall be
administered for the county by the public works director.
(Ord. 96-21§ 3.)
Chapter 1014-4
Application
Sections:
1014-4.002 Construction and application.
1014-4.004 Discharge of non-storm water.
1014-4.006 Discharge in violation.of permit.
1014-4.008 Unlawful discharge and unlawful connections.
1014-4.010 Reduction of pollutants in storm water.
1014-4.012 Authority to inspect.
1014-4.002 Construction and application. For the unincorporated area,
this division shall be construed consistent with the requirements of the Federal Clean
Water Act, acts amendatory thereof, applicable implementing regulations, NPDES
Permits Nos. CA 0083313 and CA 0029912, and any amendment to or a revision or
reissuance of either permit.
(Ord. 9 6-21§ 3.)
1014-4.004 Illicit Discharge of non-storm water.
(a) The release of Illicit discharges to the county's storm water system is
prohibited.
(b) Illicit discharges from the following activities are exempt from the
prohibition set forth in subsection (a) above, provided that the authorized county
employee determines that the discharge is not a source of pollutants to the waters of
the United States: water line flushing and other discharges from potable water
sources, landscape irrigation and lawn watering, irrigation water, diverted stream
flows, rising ground waters, uncontaminated ground water infiltration to storm
drains, uncontaminated pumped ground water, foundation and footing drains, water
from crawl space pumps, air conditioning condensation, springs, individual residential
car washing, flows from riparian habitats and wetlands, or dechlorinated swimming
pool discharges.
(c) Discharges or flows from fire-fighting are exempt from the prohibition
set forth in subsection (a) above, provided that the authorized county employee
ORDINANCE NO. 96-21
4
determines that the discharges or flows are not significant sources of pollutants to the
waters of the United States.
(Ord. 9 6-21§ 3.)
1014-4.006 Discharge in violation of permit. Any discharge that would
result in or contribute to a violation of NPDES Permit No. CA 0083313 or NPDES
Permit No. CA 0029912, or any amendment, revision,'or reissuance thereof, either
separately considered or when combined with other discharges, is prohibited.
Liability for any such discharge shall be the responsibility of the person(s) causing or
responsible for the discharge . To the extent allowed by law, such person(s) and/or
permittee(s) shall defend, indemnify, and hold harmless the county, its officers,
employees, and agents in any administrative or judicial enforcement action relating to
such discharge.
(Ord. 96-21 § 3.)
1014-4.008 Unlawful discharge and unlawful connections. (a) It is
unlawful to establish, use, maintain, or continue unauthorized drainage connections
to the county's storm water system.
(b) It is unlawful to commence or continue any unauthorized discharges to
the county's storm water system.
1014-4.010 Reduction of pollutants in storm water. Any person engaging
in activities which may result in pollutants entering the county's storm water system
shall undertake all practicable measures to reduce such pollutants. Examples of such
activities include ownership and use of premises which may be a source of pollutants
such as parking lots, gasoline stations, industrial facilities, business enterprises and
dwelling units.
(a) Littering. (1) No person shall throw, deposit, place, leave, keep, or
permit-to be thrown, deposited, placed, left, kept, or maintained, any refuse, rubbish,
garbage or other discarded or abandoned objects, articles, or other litter in or upon
any street, alley, sidewalk, storm water system, business place, or upon any public or
private plot of land in the unincorporated area of the county so that the same might
become a pollutant, except in containers or in lawfully established waste disposal
facilities.
(2) The occupant or tenant or, in the absence of occupant or tenant,
the owner or proprietor, of any real property in the unincorporated area of the county
in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or
litter to the maximum extent practicable. Sweepings from the sidewalk shall not be
ORDINANCE NO. 96-21
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CA
swept or otherwise made or allowed to go into the gutter or roadway, but shall be
disposed of in receptacles maintained as required for the disposal of solid waste.
(b) Bodies of water. No person shall throw or deposit litter in any
fountain, pool, lake, stream, river or any other body of water in a park or elsewhere in
the unincorporated area of the county.
(c) Standard for parking lots, paved areas, and related storm water
systems. Persons owning, operating, or maintaining a paved parking lot, the paved
areas of a gas station, a paved private street or road, and related storm water systems
shall clean those structures.
(d) Best management practices for new developments and
redevelopments. All construction contractors performing work in the
unincorporated area of the county shall conform to the requirements of the 'Best
Management Practices (BMPs) for Construction Sites and New Development"
required by the county. As a minimum, such BMPs shall include provision for filter
materials placed to preclude an increase in debris and sediments entering the storm
water system, to the maximum extent practicable. The public works director may
establish controls on the volume and rate of storm water runoff from new
developments and redevelopment as may be appropriate to minimize the discharge
and transport of pollutants.
(e) Notification of intent and compliance with general permits. Each
industrial discharger, discharger associated with construction activity, or other
discharger described in any general storm water permit addressing such discharges, as
may be adopted by the United States Environmental Protection Agency, the State
Water Resources Control Board, or the California Regional Water Quality-Control
Board for either the San Francisco Bay or Central Valley Region, shall provide the
notice of intent, comply with and undertake all other activities required by any
general storm water permit applicable to such dischargers. Each discharger identified
in an individual NPDES permit relating to storm water discharges shall comply with
and undertake all activities required by such permit.
(f) Compliance with Best Management Practices. Where BMP
guidelines or requirements have been adopted by any federal, state, regional, city, or
county agency for any activity, operation, or facility that may cause or contribute to
unlawful discharges, every person undertaking such activity or operation or owning or
operating such facility shall comply with such guidelines or requirements.
(g) Storm Water Pollution Prevention Plan. The public works director
may require any business in the unincorporated area of the county that is engaged in
activities that may result in unlawful discharges to develop and implement a storm
water pollution prevention plan, which must include an employee training program.
ORDINANCE NO. 96- 21
6
Business activities that may require a storm water pollution prevention plan include
maintenance, storage, manufacturing, assembly, equipment operations, vehicle
loading or fueling, or cleanup procedures that are carried out partially or wholly out
of doors.
(h) Coordination with hazardous materials requirements. Any
business required by Chapter 6.95 of Division 20 of the California Health and Safety
Code (commencing with section 25500) to submit a business plan or a risk
management and prevention program (RMPP), or both, and any owner or operator of
a hazardous waste facility required by Chapter 15 of Division 4.5 of Title 22 of the
California Code of Regulations to maintain a contingency plan, shall include in that
plan or program provision for compliance with this division, including the
prohibitions on non-storm water discharges, and the requirement to reduce release of
pollutants to the maximum extent practicable.
(Ord. 96-21 § 3)
1014-4.012 Authority to inspect. Routine or area inspections shall be based
upon such reasonable selection process as may be deemed necessary to carry out the
objects of this division, including but not limited to random sampling, sampling in
areas with evidence of storm water contamination, discharge of non-storm water to
the storm water system, or similar factors. Such inspections may also be done in
conjunction with routine inspections conducted by other public agencies such as the
health services department or the applicable fire protection district.
(a) Authority to sample and establish sampling devices. With the
consent of the owner or occupant or pursuant to a search or inspection warrant, any
authorized county employee may establish on any property such devices as are
necessary to conduct sampling or metering operations. During all inspections, the
officer may take any samples deemed necessary to aid in the pursuit of the inquiry or
in the recordation of the activities on-site.
(b) Notification of spills. (1) All persons in charge of a facility or
responsible for emergency response for a facility have a responsibility to train facility
personnel and maintain notification procedures to ensure that immediate notification
is provided to the county of any suspected, confirmed or unconfirmed release of
material, pollutants, or waste creating a risk of non-storm water discharge into the
county storm water system.
(2) As soon as any person in charge of a facility or responsible for
emergency response for a facility or has knowledge of any suspected, confirmed or
unconfirmed release of non-storm water discharge entering the county storm water
system, such person shall take all necessary steps to ensure the discovery,
ORDINANCE NO. 96-21
7
./8
containment, and clean up such release, and shall promptly notify the public works
director of the occurrences by telephone. This notification requirement is in addition
to and not in lieu of other required notifications.
(c) Requirement to test or monitor. Any authorized county employee
may require that any person engaged in any activity or owning or operating any
facility which may cause or contribute to illicit discharges undertake such monitoring
activities, or analysis, or both, and furnish such reports as the employee may specify.
The burden, including costs, of these activities, analysis, and reports shall bear a
reasonable relationship to the need for the monitoring, analysis, and reports and the
benefits to be obtained. The recipient of such request shall undertake and provide
the monitoring, analysis, and reports required.
(d) Right of entry. Whenever necessary to make an inspection to enforce
any of the provisions of this division, or whenever the public works director has
reasonable cause to believe that there exists in any building or upon any premises any
condition which makes such building or premises in violation of this division, the
public works director is authorized to enter such building or premises at all reasonable
times to inspect the same or to perform any duty authorized by this division, subject
to the following:
(1) if such building or premises is occupied, the public works director
shall first present proper credentials and demand entry;
(2) if such building or premises is unoccupied, the public works director
shall first make a reasonable effort to locate the owner or other persons having charge
or control of the building or premises and demand entry;
(3) if entry is refused in either case, the public works director is
authorized to proceed pursuant to the provisions of Code of Civil Procedure section
1822.50 and following.
(Ord. 96-21 § 3.)
ORDINANCE NO. 96- 21
8
Chapter 1014-6
Enforcement
Sections:
1014-6.002 Violation constitutes misdemeanor or infraction.
1014-6.004 Penalty for violation.
1014-6.006 Continuing violation.
1014-6.008 Concealment.
1014-6.010 Acis potentially resulting in violation of Federal Clean Water Act
or Porter-Cologne Act.
1014-6.012 Violation deemed a public nuisance.
1014-6.014 Civil actions.
1014-6.016 Remedies not exclusive.
1014-6.018 Appeal.
1014-6.002 Violation constitutes misdemeanor or infraction.
Notwithstanding any other provision of this code, any person, firm, partnership,
corporation, or public agency that violates any provision of this division, or fails to
comply with any of the mandatory requirements of this division, is guilty of a
misdemeanor, unless, in the discretion of the public works director (as provided in
this code) or the district attorney, it is charged and prosecuted as an infraction.
(Ord. 96-21 § 3.)
1014-6.004 Penalty for violation. Upon conviction, a person shall be
subject to punishment in accordance with chapter 14-8.
(Ord. 96-21 § 3.)
1014-6.006 Continuing violation. Every day that any violation of this
division continues shall constitute a separate offense.
(Ord. 96-21 § 3)
1014-6.008 Concealment. Concealing, aiding, or abetting a violation of any
provision of this division shall constitute a violation of such provision.
(Ord. 96-21 §3.)
ORDINANCE NO. 96- 21
9
1014-6.010 Acts potentially resulting in violation of Federal Clean
Water Act or Porter-Cologne Act. Any person who violates any provision of this
division or a provision of any permit issued pursuant to this division, or who
discharges waste or wastewater that causes pollution, or who violates any cease-and-
desist order, prohibition, or effluent limitation, may also be in violation of the Federal
Clean Water Act or the Porter-Cologne Act, or both, and may be subject to the
sanctions of those acts, including civil and criminal penalties. Any enforcement
action authorized under this division may also include notice to the violator of such
potential liability.
(Ord. 96-21§ 3.)
1014-6.012 Violation deemed a public nuisance. In addition to the
penalties provided herein, any condition caused or permitted to exist in violation of
any of the provisions of this division is a threat to the public health, safety and
welfare, is declared and deemed a public nuisance, and may be abated in accordahce
with the provisions of chapter 14-6.
(Ord. 96-21§ 3.)
1014-6.014 Civil actions. In addition to any other remedies provided in this
division, any violation of this division may be enforced by civil action brought by the
county. In any such action, the county may seek, as appropriate and allowed by law,
any or all of the following remedies:
(a) a temporary restraining order, preliminary and permanent injunction;
(b) reimbursement for the costs of any investigation, inspection,�or
monitoring survey which led to the establishment of the violation, and for the
reasonable costs of preparing and bringing administrative action under this division;
(c) costs incurred in removing, correcting, or terminating the adverse effect
resulting from the violation;
(d) compensatory damages for loss or destruction of water quality, wildlife,
fish and aquatic life. Costs and damages under this subsection (d) shall be paid to
the county and shall be used exclusively for costs associated with monitoring and
establishing storm water discharge pollution control system and/or implementing or
enforcing the provisions of this division.
(Ord. 96-21§3.)
ORDINANCE NO. 96- 21
10
1014-6.016 Remedies not exclusive. The remedies identified in this
division are in addition to and do not supersede or limit any and all other remedies,
civil or criminal. The remedies provided for herein shall be cumulative and not
exclusive.
(Ord. 96-21-§3.)
1014-6.018 Appeal. Any person required to perform monitoring, analysis,
reporting or corrective activities by any authorized county employee and who is
aggrieved by this decision of the authorized county employee may appeal the decision
in writing to the public works director within 10 days following the effective date of
the decision. Upon receipt of such appeal, the public works director shall request a
report and recommendation from the authorized county employee and shall set the
matter for hearing at the earliest practical date. At said hearing, the public works
director may base his or her decision on additional evidence, and may reject, affirm or
modify the authorized county employee's decision. The decision of the public works
director may be appealed to the board of supervisors in accordance with the
provisions of chapter 14-4.
(Ord. 96- 21§ 3.)
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of the
ORDINANCE NO. 96= 21
11
supervisors voting for and against it in the Contra Costa Times , a
newspaper published in this county.
PASSED ON .Tule 9, 1996 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk AK
of the Board of Supervisors Board Chair
and County Administrator
a
By [SEAL]
Deputy 61
AA960617XIN(SBM)
ORDINANCE NO. 96-21
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ORDINANCE NO.96-21 1014-2.004 DEFINITIONS.
When used in this division Sections:
GLI=fit (�AftD�F SU� SV(S�SS storm Water Management the following words anc3 1014-4.002onConstruction and
and Discharge Control phrases shall be as defined pp
COSTA 014-4%04 Discharge of
Cd�ji Cf��A il�1 CO.fid - herein. Words and phrases non-storm water.
The County Board of Supervl- used in this division and not 1014-4.006 Discharge In vlo-
PROOF O F P U 8 L.t CATI Q N sors ordains as follows(omit- otherwise defined shall be In- lation of permit.
ting the parenthetical foot terpreted as defined In the y0144048 Unlawful dis-
notes from the official text of regulations of the U.S. Envi- charge and unlawful connec-
the enacted or amendedgo- ronmental Protection A ency tions.
f 201 5.5 C_C�P� visions of the County Ordl- to implement the prov�slons y 014-4.010 Reduction of pol-
l/ nance Code): of the Federal Water Pollution
luteole in storm water.
SECTION 1. SUMMARY. This Control Act,(the"Clean Wa- 1014-4.012 Authority to In-
ordinance adds Division 1014 ter Act"), as amended (33 spect.
STATE OF CAUFORN(A to the County Ordinance U.S.C.section 1251 at seq.),
Cods relating to storm water and as defined by the State 1014-4.002 CONSTRUC-
County of Contra Costa mane ement and dm ar a Water Resources Control TION AND APPLICATION.For
g Board to Implement the Por-
contro, ter-Cologne Water Quality the unincorporated area,this
1 am a citizen of the United States and a resident of the Control Act(the "Porter-Co- division shall be construed
SECTION II.Section 14-8.008 consistent with the require-
af the Coun Ordinance, One Act"), as amended ments of the Federal Clean
County aforesaid; t am over the age of eighteen years, l (avatar Code, section 13020
Code !s amen ed to autho- et se Water Act, acts amendatory
and not a party to or.interested In the above-entitied rize the public works director 4)) thereof, applicable 17ple-
to issue citations and make (a)'Author)zed county em- meeting regulations, NPDES
matter• arrests in connection with vi- playae(s}"means those Ind(- Permits Nos, CA 0083313
olations of new division 1014, viduals designated by the and CA 0029912, and any
I am the Principal Legal Clerk of the Contra Costa Times, to read: p�b�o works director. amendment to or a revision
p g b Best management or retssuance of either par-
a newspaper of general Circulation, printed and 14-8.008 INFRACTION AR- practices" or BMPs" are mit.
fished at 2640 Shadelands Drive In the City of.Walnb t foFowing offND icers, ota)tl crier be ona lof practices,genera( (Ord.96 21 section 3.}
`a designated subordinates, good housekeeping practic- 1014-4%04 ILLICIT DIS-
Creek, County of Contra Costa, 94598. shall have and are hereby es,pollution prevention prac- CHARGE OF NON-STORM
vested with person
authority to tices, maintenance proce- WATER.
And which newspaper has been adjudged a newspaper latesithe f llowinn who v10- duras, and other manage- (a)9 The release of Illicit dis-
And provisions meat practices to pre- char es to the county's
of this code punishable as in- vent or reduce the discharge storm water system is pro-
of general circulation by the Superior Court of the County fractions: of pollutants directly or Incil- hibited.
of Contra Costa, State of California, nder the date Of racily to watercourses,water (bl 1I11cit discharges from
October 22, 1934. Case Number 19764. (1)director of health services bodies, and wetlands. BMPs the olfrom t activities are ex-
October 413 and chapter also include treatment re- empt from the prohibition set
450-6; qufrements,aperatin9g proce- forth In subsection(a)above
(2)director of building Inspec- aures, design speaif(catons, provided that the authorized
The notice of which the annexed Is a rioted co Set (n tion--Title 7; and practices to control plant
county employee determines
P PY (3)director of community de- site runoB, spillage or leaks, that the discharge Is not a
type not smaller than nonpareil}, has been published In velTment--Title 6; sludge or waste disposal, or source of pollutants to the
(4)director of public works-- drainage from raw material waters of the United States:
each regular and entire Issue of said newspaper and not Islons
100 1010, 1014, storage. water fine flushing and other
In any supplement ereof on the following dates to-wit: (5) director of (c) "Pocono"prmeansemises.
any discharges from potable we-
In man- non-residential remises. ter sources,landscape trrlga-
agement and economic de- (d)'Illicit discharge"means tion and lawn watering,Irriga-
j velo��Jment--as provided by any discharge to tha county's tion water, diverted stream
...... ^^ ................................................. .9961... Seafton 16-4.012. storm water system that Is flows, rising ground waters,
(b)The above-listed officers, not composed entirely of uncontaminated ground wa-
all In theear of 19..96.. or their designated subordi- storm water, except a dis- ter Infiltration to storm drains,
y nates,may Issue citations for charge pursuant to a NPOES uncontaminated pumped
infraction violations of the permit. round water,foundation and
pane( Of e U that til$ above-listed code provisions. (e NPDES" means the
I Certs or declare under noting drains, water from
penalty p � ry (c}The county administrator National Pollution Discharge crawl space pumps,air can-
foregoing Is true and Correct. may by written order Issue Elimination System, ester- dltlonin condensation
regulations to provide for ad- lished by the Federal Water springsglndlvidual residential
ministration, procedures and Pollution Control Act, also car washing,flows from ripar-
Executed at Walnut Gr ek California, ppolicy direction for this sec- known as the Clean Water Ian habitats and wetlands,or
tion.((Oras.96-21 section 2, Act, as amended, 33 U.S.C. dechlorinated swimming pool
On this 1 95-36 section 1,90-122 sec-, section 1251 and following, discharges.
p
9L.•� Y Of 6 tion 2,86-80 section, Penal i Wafter al of g but notstorm"Pollutant" me ns any (c)D 9 bit an se rniortholn
�- and 853 6 tions 19.7, 836.5, bd to rductsle solid waste In- subsectiho n to above flows rovid-
• '• •••'•'^••••^•••••••••••••••••••••••••.• SECTION 111. Division 1014 IsP
SI nature added to the County Ordi- Y p ed that the authorized county
nance Code to read: cmerator residue, sewage, employee determines that
sewage sludge,heat,cheml- the discharges or flows are
Contra Costa Times Division 1014 cal waste, biological materi- not slgniflcant sources of poi-
als, radioactive materials,
STORM WATER wrecked or discarded a ul lutants to the waters of the
P.O. Box 4147 MANAGEMENTAND meet,rock,sand,soil and in- United States.
Walnut Creek, CA 94596 DISCHARGE CONTROL (Ord.96-21 section 3.)
dustrial,municipal or apricui-
(510) 935-2525 Chapters: tura) waste discharged into 1014-4.006 DISCHARGE IN
1014-2 General Provisions the water. VIOLATION OF PERMIT. Arry
1014-4 Application (�) "Premises" means any discharge that would result In
P but ding, lot, parcel, real es- or contribute to a violation of
?roof of Publication of: 1014-6 En orcement tate, land or portion of land, NPDES Permit No. CA
attached Is a copy of the lege( advertisement that pub- Chaptari014-2 whether improved or unim- 0083313 or NPDES Permit
p Generat Provisions proved; Including adjacent No. CA 0029912, or any
(Sh$c� sidewalks and parking strips. ancemttiareofVialoiherose ia-
sections: (h) storm water" means p
1014-2.002 Intent and pur- storm water runoff, snow ratesy considered or when
melt runoff, surface water combined with other dis-
10 se. runoff and drainage. charges,Is prohibited.Liabiit-
1014-2.004 Definitions. (1) "Storm water Ism" ty for any such discharge
1014-2.006 Responsibility for means those facilites by shall be the responsibility of
administration, P ty
which storm water may be the person(s) causing or re-
1014-2%02 INTENT AND conveyed to any stream wa- sponsible for the discharge.
PURPOSE, tercourse,other body of wa- To the extent allowed by law,
(a) Intent. The Intent of this ter or wetlands, Including such person(s)and/or permit-
division Is to rotten and en- flood control channels, any teals)shall defend, Indemni-
roads with drainage systems, and hold harmless the
hance the water quality of the county highways, catch be- county, Its officers, employ-
county's unincorporated area sins, curbs,gutters, ditches, ees- g and agents in anad-
watercourses pursuant to, man-made or storm drains, ministrativeor judicialan-
and consistent with,the Fed- storm water conveyance sys- forcement action relating to
eral Water Pollution Control tem or storm sewersystem, such discharge.
Act. which are not part of a Pub- Ord.96-21 section 3.)
(b)Purpose.It is the purpose llcfy Owned Treatment Works
of the board of supervisors In ( POTW" as that term is de- 1014-4.008 UNLAWFUL
enacting this division to pro-! 'fined in 40 CFR section 122.2.
telt the health, safety and' (Ord.96-21 section 3.)
general welfare of the citi-
zens of the unincorporated 1014-2.006 RESPONSIBILi-
area of the county,by: TY FOR ADMINISTRATION.
(1) Eliminating non-storm' This division shall be adminis-
water discharges to the tered for the county by the
county's storm water system. f ubiie works director.
(2) Controlling the dis-;1{Ord.96-21 section 3.)
charge to the county's stone i
water system from spills, Chapter 1014-4
dumping or disposal of mate- Application
rials other than storm water.
(3) Reducing pollutants in
storm water discharges to
the maximum extent practi-
cable.
(Ord,96-21 section 3.)
d . ��
DISCHARGE AND UNLAW- te)Notification of Intent and (a)AUTHORITY TO SAMPLE Chapter 1014-6 (a)a temporary restraining
FUL CONNECTIONS. (a) It Is compliance with general per AND ESTABLISH SAMPLING Enforcement order, preliminary and per-
, unlawful to establish, use, mats. Each industrial dis- DEVICES. With the consent m(b) re m unction;
maintain, or continue unau- charger,discharger associat= of the owner or occupant or Sections: (b) ream ursement for the
8 9 1014-6.002 Vlolation constl- costs of any investigation,In-
tho s to he coupnage sonnet- or with construction activity pursuant to a search or In- tutes misdemeanor or infrac- spection, or monitoring sur-
tions to the county's storm or other discharger described spection warrant, any autho- tion ve which led to the estab-
water system. In any general storm water razed county employee may 1014-6.004 Penalty for viola- IlsXment of the violation,and
(b) It Is unlawful to com- permit addressing such dis- establish on any property tion. for the reasonable costs of
mance or continue any unau- charges as may be adopted such devices as are Hetes- 1014-6.006 Continuing viola- preparing and bringing ad-
county's
discharges to the by the United States Environ- sary to conduct sampling or tion. g prepaministring a action oder this
county's storm water system, mental Protection Agency, metering opperations. During 1014-6.008 Concealment. division;
1014-4.010 REDUCTION the State Water Resources all inspections, the officer 1014-6.010 Acts potentially (c)costs Incurred In remov-
Control Board,or the Califor- may take any samples resulTing in violation of Feder- Ing,correcting,or terminating
OF POLLUTANTS IN STORM nla Regional Water Quality deemed necessary to aid in the adverse effect resulting
WATER. Any person engag- Control Board for either the the pursuit t the inquiry or In al Clean Water Act or Porter- from the violation;
Ing in activities which may re- San Francisco Bay or Central the recordation of the activl- Cologne Act.
sult in pollutants entering the Valley Region, shall provide ties on-site. 1014-6.012 Violation deemed (d)compensatory damages
P a public nuisance. for loss or destruction of wa-
s sstorm water system the notice of Intent, comply (b) NOTIFICATION OF 1014-6.014 Civil actions. ter quality, wildlife, fish and
shall undertake all practica- with and undertake all other SPILLS. (1) All persons in 1014-6.016 Remedies not aquatic life.Costs and dam-
ble measures to reduce such activities required by any charge of a facility or respon- exclusive. a es under this subsection
pollutants. Examples of such general storm water permit sible for emergency response
activities include ownership1014-6.018 Appeal. ( shall be paid d the county
and use of applicable to such discharg- for a facility have a responsl- and shall be used exclusively
premises whit ers. Each discharger idents billy to train facility personnel 1014-6.002 VIOLATION for costs associated with
may be a source of pollutants fled in an Individual NPDES and maintain notification pro- CONSTITUTES MISDEMEAN- monitoring and establishing
such as parking lots,gasoline permit relating to storm water cedures to ensure that Im- OR OR INFRACTION. Not- storm water discharge pollu-
stations, industrial facilities discharges shall comply with mediate notification is provid- withstanding any other provi- tion control system and/or
business enterprises and and undertake all activities ed to the county of any sion of this code,any person, Implementing or enforcing
dwelling units. re uired by such Permit. suspected, confirmed or un- firm, partnership, corpora- the provisions of this division.
(a) LITTERING. (1) No per- (( COMPLIANCE WITH confirmed release of materi- tion,or public agency that vi- (Ord.96-21 section 3.)
son shall throw, deposit, BE T MANAGEMENT PRAC- al,pollutants,or waste creat- plates any provision of this vi-
FFlace,leave,keep,or permit TICES. Where BMP guide- Ing a risk of non-storm water vision or fails to comply with 1014-6.016 REMEDIES
to be thrown, deposited, lines or requirements have discharge Into the county any o{the mandato require- NOT EXCLUSIVE.The reme-
pplaced, left, kept, or main- been adopted by any federal, storm water system. mandatory q
tained, any refuse, rubbish. state,regional,city,or county 2 As soon as an arson ments of this division,is guilty dies Identified in this division
�) �p of a misdemeanor,unless,in are in addition to and do not
garbage or other discarded agency for any activity,oper- in c argge of a facili or re- the discretion of the public supersede or limit any and all
or abandoned objects, arta- at on, or fat Illy that may sponsible for emergency re- works director(as provdod m other remedies civil or crimi-
cles,or other litter In or upon cause or contribute to unlaw- sponse for a facility or has this code or the district attor- nal. The remedies provided
any street, alley, sidewalk, ful discharges, every person knowledge of any suspected, ) for herein shall be cumulative
storm water system, bust- undertaking such activity or confirmed or unconfirmed re- Heyy,It is charged and prose- and not exclusive.
ness place,or upon any pub- operation or owning or oper- lease of non-storm water dis- cuted as an infraction. (Ord.
Iic or private plot of land in acing such facility shall com- charge entering the county 96-21 section 3.) (Ord.96-21 section 3.)
the unincorporated area of ply with such guidelines or re- storm water system, such 1014-6.004 PENALTY FOR 1014-6.018 APPEAL. Any
the county so that the same quirements. person shall take all neces- VIOLATION.Upon conviction, person required to perform
might become a pollutant, (0)STORM WATER POLLU- sary steps to ensure the dis-
exce t in containers or In TION PREVENTION PLAN. a person shat be subject to monitoring, analysis, report-
except clean containment, and unishment In accordance ing or corrective activities by
lawfully established waste The public works director clean up such release, and p• an authorized county,em-
disposal facilities. may require any business In shall promptly notify the pub- with chapter 14-8. y
p y Ord.96-21 section 3.) ployee and who Is aggrieved
(2)The occupant or ten- the unincorporated area of lie works director of the oc- ( by this decision of the autho-
ant or,in the absence of oc- the county that Is engad in currences by telephone.This 1014-6.006 CONTINUING rized county employee may
cupant or tenant, the owner activities that may resulget in notification requirement is in VIOLATION. Every day that appeal the decision In writing
or proprietor, of any real unlawful discharges to devel- addition to and not In lieu of
property in the unincorporat- op and Implement a storm other re uired notifications. any violation of this lute a within
the public works director
ed area of the county In front water pollution prevention G continues shall constitute a within 10 days following the
of which there is a paved plan, which must Include an (c)REQUIREMENT TO TEST separate offense, effective date of the decision.
OR MONITOR. Any autho- Ord.ate o section 3.) Upon receipt of such appeal,
sidewalk shall maintain said employee training program. rized county employee may ( the public works director shall
sidewalk free of dirt or litter to Business activities that may require that any person en- 014-6.008 CONCEAL- request a report and recom-
the maximum extent practi- require a storm water pollu- gaged in any activity or own-
cable. Sweepings from the tion prevention plan Include in or operating an 'facili VENT.Concealing aiding,or mendation from the autho-
sidewalk shall not be swept maintenance, storage, man- g g y ty abetting a violation of any rized county employee and
g which may cause or contrib- provision of this division shall shall set the matter for hear-
or otherwise made or allowed ufacturing, assembly, equip- uta to illicit discharges under- constitute a violation of such Ing at the earliest practical
to go Into the gutter or road- ment operations, vehicle take such monitoring activl- date. At said hearing, the
way,but shall be disposed of loading or fueling,or cleanup ties,or analysis,or both,and Provision. ublic works director may
in receptacles maintained as procedures that are carried p (Ord.96-21 section 3.)
required for the disposal of out partial) or wholly out of furnish such reports as the ase his or her decision on
Y employee may specify. The 1014-6.010 ACTS POTEN- additional evidence,and may
solid waste. doors. burden, Including costs, of TIALLY RESULTING IN VIO- reject, affirm or modify the
(b)BODIES OF WATER.No (h) COORDINATION WITH these activities,analysis,and LATION OF FEDERAL CLEAN authorized county employ-
HAZARDOUS shall throw or deposit HAZARDOUS MATERIALS reports shall bear a reason- WATER ACT OR PORTER- ee's decision.The decision of
fitter in any fountain, pool, REQUIREMENTS. Any busi- able relationship to the need COLOGNE ACT. Any person the public works director may
lake,stream,river or any oth-; ness required by Chapter for the monitorin analysis, be appealed to the board of
er body of water in a park or 6.95 of Division 20 of the Call- gg who violates any provision of
and reports and the benefits this division ora provision of supervisors In accordance
elsewhere In the county: forniade Health and Safety to be obtained.The recipient p with the rovlslons of chapter
rated area of the county.' Code(commencing with sec- of such request shall under- any permit Issued pursuantto
g- p
(c)STANDARD FOR PARK- tion 25500)to submit a busi- take and provide the monitor- this division,or who discharg- 14-4.
ING LOTS PAVED AREAS, ness plan or a risk manage- In analysis, and reports re- as waste or wastewater that (Ord.96-21 section 3.)
AND RELATED STORM WA- ment and prevention gg causes pollution,or who vio-
TER SYSTEMS.Persons own- pro ram RMPP,. or both qulied. r Was,any cease-and-desist SECTION IV. EFFECTIVE
P ( ) (d) RIGHT OF ENTRY.. order, prohibition, or effluent DATE. This ordinance be-
Ing,operating,or maintaining and any owner or operator of Whhenever necessary to limitation,may also be in vlo- comes effective 30 days after
a paved parking lot, the a hazardous waste facility re- make an Inspection to en- y y
P areas of a gas station, quired by Chapter 15 of Divi- force any of the provisions of lation of the Federal Clean passage, and within 15 days
a paved private street or sion 4.5 of Title 22 of the Cali- this division,or whenever the Water Act or the Porter-Co- of passage shall be published
road, and related storm we- fornia Code of Regulations to public works director has rea- logne Act,or both,and may once with the names of the
p be sub ect to the sanctions of
ter systems shall clean those maintain a contingency plan, 1 supervisors voting for and
structures. shall include contingency
that plan or sonable cause to believe that those acts,Including civil and against It in the Contra Costa
(d) BEST MANAGEMENT program provision for planc�OMorII- there exists In any building or criminal penalties. Any en- : Times, a newspaper pub-
PRACTICES FOR NEW DE- ante with this division,inciud- upon
any hichmmakes y such forcemeat action authorized lashed in this county.
VELOPMENTS AND REDE- Ing the prohibitions on non- building or premises In viola- under this division may also
VELOPMENTS. All construe- storm water discharges, and tion of this division,the public Include notice to the violator PASSED ON July 9, 1996 by
tion contractors performing the requirement to reduce re- works director is authorized of such potential liability. the following vote:
work in the unincorporated lease of pollutants to the to enter such building or (Ord.96-21 section 3.) AYES: Supervisors Rogers,
area of the county shall con- maximum extent practicable. -premises at all reasonable Bishop DeSaulnier, Torlak-
form to the requirements of (Ord.96-21 section 3) times to Inspect the same or 1014-6.012 VIOLATION son Smith
the"Best Management Prac-: p DEEMED A PUBLIC NUI- NO None
tices(BMPs for Construction; 1014-4,012 AUTHORITY TO to perform any duty autho- SANCE. In addition to the ABSENT:None
rized by this division,subject
Sites and New Development" INSPECT.Routine or area in- ;to the following: I penalties provided herein, ABSTAIN:None
required by the county.Asa spections shall be based up 1 if such building or anyY condition caused or per-
minimum, such BMPs shall on such reasonable selection O mlttad to exist In violation of ATTEST:PHIL BATCHELOR,
premises is occupied, the l an of the rovlslons of this Clerk of the Board
Include provision for filter ma- process as may be deemed public works director shall y• p
terials placed to preclude an necessary to carry out the first resent pro er creden- division Is a threat to the pub- of Su ervisors and
increase in debris and sada- objects of this division, in- , p Ile health,safety and welfare, Coun Administrator
1 tlals and demand antrY is declared and deemed a J F SMITH,Board Chair
ments entering the storm wa- eluding but not limited to ran- (2) if such building or public nuisance,and may be By:SHIRLEY CASILLAS,
ter system, to the maximum dom sampling, sampling In premises is unoccupied, the abated in accordance with Deputy
extent practicable.The public areas with evidence of storm Public works director shall the provisions of chapter Legal OCT 8196
works director may establish water contamination, dis- first make a reasonable effort 14-6 Publish July 19,1996
controls on the volume and charge of non-storm water to to locate the owner or other
rate of storm water runoff the storm water system, or persons having charge or (Ord.96-21 section 3.)
from new developments and similar factors. Such Inspec- control of the building or 1014-6.014 CIVIL AC-
redevelopment as may be tions may also be done in premises and demand entry; TIONS.In addition to any oth-
appropriate to minimize the conjunction with routine in- (3) if entry is refused In er remedies provided In this
discharge and transport of spections conducted by oth- either case,the public works
pollutants. er public agencies such as director is authorized to pro- division, any violation of this
the health services depart- division may be enforced by
meat or the applicable fire seed pursuant to the provi- civil action brought by the
protection district. sions of Code of Civil Proce- county. In any such action,
_.._ .__ _...__ dure section 1822.50 and the county may seek as ap-
followina. propriate and allowed by law,
(Ord.96-21 section 3.) any or all of the following
remedies: