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HomeMy WebLinkAboutORDINANCES - 07091996 - 96-21 -7- 9- 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. 96-21§ 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 / a 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 5 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 I8 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 g 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 Acts 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 accordance 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 supervisors voting for and against it in the Contra Costa Times , a newspaper published in this county. PASSED ON July 9, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors Board Chair and County Administrator - By [SEAL] Deputy ,M960617YIN(SBM) ORDINANCE NO. 96-21 12