HomeMy WebLinkAboutMINUTES - 12142004 - C36 TO- BOARD OF SUPERVISORS
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FROM: TRANSPORTATION, WATER ANDCosta
INFRASTRUCTURE COMMITTEE -'
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CountyS79'eour��"t
DATE: December 14, 2004
SUBJECT: Adoption of the Stormwater Management and Discharge Control Ordinance
SPECIFIC REQLTEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
ECOMMENDED ACTION:
R
INTRODUCE the new Stormwater Management and Discharge Control Ordinance, WAIVE the reading of it, and
FIX January 4, 2005, as the date to accept public comment and approve the new Ordinance, DIRECT the Public
Works Director or his/her designee to report back to the Transportation, Water and Infrastructure Committee within
nine months with a status on the County's progress to satisfy the National Pollutant Discharge Elimination System
(NPDES) C.3 provisions, Countywide.
SIGNATUR -
SupE rvisor Millie Greenberg
Continued on Attachment: ® SIGNATURE:
Su isor Gayle ilkema
❑ RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
❑ APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARD ON DECEMBER 14, 2004
APPROVED AS RECOMMENDED OTHER ❑
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT V )
AYES: NOES:
ABSENT: ABSTAIN:
RLcw
G:'\GrpData`\F1dCtT\Admirlistration�,Board Orders I hereby certify that this is a true and correct copy of f an action taken
�,.2004 BovStonnwater ordinance Bo 12-1 4-04.doc and entered on the minutes of the Board of Supervisors on the date
Oi ig.Div:Public Works(Flood Control Division) Shown.
Contact: Rich Lierly(925-313-2348)
cc: CAO
County Counsel DECEMBER 14 2004
Carlos Baltodano,Building Inspection ATTESTED:
Dennis Barry,Conuntinity Development JOHN SWEETEN,Clerk of the Board of Supervisors and County
Dr.William B.Walker,Health Services Administrator
Ken Stuart,Health Services,Envirorunental Health Division
Maurice Shiu,Public Works
Mitch Avalon,Public Works
Greg Comatighton,Public Works,Flood Control Division By ,Deputy
SUBJECT: Adoption of the Stormwater Management and Discharge Control Ordinance
DATE: December 14, 2004
PAGE: 2 of 3
FISCAL IMPACT:
As of February 15, 2005, the County will be required to enforce the new C.3 provisions of the National Pollutant
Discharge Elimination System(NPDES)on any private or public project that meets certain thresholds.This in turn
will require the County to establish new policies and procedures to ensure that all new facilities are monitored,
tracked,maintained and reported on.The costs for the County's efforts to establish and apply enforcement processes
will be(and are) significant.However,the Board on August 10,2004 approved a recommendation from the Public
Works,Community Development and Building Inspection Departments to establish a new building permit backend
fee to reimburse the County's costs of establishing these new policies and procedures. In addition, the
Transportation,Water and Infrastructure Committee has recommended that County staff evaluate the establishment
of a new countywide assessment district for administration, inspection, maintenance and repair of clean water
facilities. A new development,subject to C.3 provisions,would be required to annex to the assessment district and
pay for the additional costs of compliance associated with that particular development.If these two funding sources
are in place, this would minimize any impact on the County General Fund.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The County is a Co-Permittee under a National Pollutant Discharge Elimination System(NPDES)permit regulating
discharges from storm drain systems in Contra Costa County. The permit, first issued in 1993 by the California
Regional Water Quality Control Boards for the San Francisco Bay and Central Valley Regions (Water Boards),
specifies measures the County must undertake to prohibit non-stormwater discharges to storm drains and to
minimize the quantity of pollutants in stormwater.
The County participates in the Contra Costa Clean Water Program (Clean Water Program), which coordinates
stormwater NPDES permit compliance efforts countywide. In the early 1990s, the Clean Water Program brought
together a group of municipal attorneys to prepare a model stormwater ordinance.The County's current Stormwater
Management and Discharge Ordinance (Ordinance) is based on this model.
In February 2003, the San Francisco Bay Water Board amended permit Provision C.3, which now requires the
County to place additional conditions on its approval of some private development projects. Similar requirements
apply to the County's own public projects. Beginning February 15, 2005,projects that create one acre or more of
new impervious area must incorporate facilities to treat runoff before it may be discharged to creeks or storm drains.
The threshold decreases to 10,000 square feet of impervious area in August 2006. To protect creeks from erosion,
projects may also be required to detain or infiltrate runoff so that peak flows and runoff durations match pre-project
conditions. The County must track,periodically inspect and report on these new stormwater facilities to ensure that
they are properly operated and maintained. It is recommended that the County require that all private stormwater
facilities be properly operated and maintained.The Water Boards will hold the County ultimately responsible for the
proper operation and maintenance of Stormwater facilities in perpetuity. In order to comply with the amended
Provision C.3 requirements, a new Stormwater Management and Discharge Ordinance is necessary.
In late 2003,the Clean Water Program again convened a group of municipal attorneys and engineers,to update the
old model ordinance. The City/County Attorneys Association has reviewed and updated the model ordinance. The
attached, updated Ordinance is based on this updated model.
SUBJECT: Adoption of the Stormwater Management and Discharge Control Ordinance
DATE: December 14, 2004
PAGE: 3 of 3
The updated ordinance references the Contra Costa Clean Water Program Stormwater C.3 Guidebook.The Clean
Water Program convened groups of municipal managers,planners,engineers,and attorneys to oversee preparation of
the Guidebook. Contra Costa County participated in the preparation of the Guidebook. All Contra Costa
municipalities will use the Guidebook to facilitate compliance with stormwater requirements for all applicable
private and public development projects. The use of the C.3 Guidebook is incorporated in its Ordinance.
The updated Ordinance also requires persons who own premises with facilities that treat,detain, filter,or infiltrate
runoff to inspect those facilities annually and certify to the County that they are properly maintained and are in good
condition.
It is recommended that the Board consider the attached Ordinance for adoption on January 4,2005,to replace the
existing ordinance. It is further recommended that staff be directed to develop a County Wide Benefit Assessment
District to fund all the County's costs associated with these new Water Board requirements.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to adopt a new ordinance will render the County unable to enforce the new Water Board requirements. The
Water Board has the ability to fine the County$10,000/day and$10/gallon of stormwater that is discharged into the
waters of the State for non-compliance with the new requirements. The County would also be exposed to potential
lawsuits that could exceed the cost of the Water Board fines.
ORDINANCE NO. 2005-01
STORMWATER MANAGEMENT AND DISCHARGE CONTROL
The Contra Costa 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 replaces Chapters 1014-2 and 1014-4 and amends
Section 1014-6.014 of the County Ordinance Code to comply with the requirements of Provision C.3
of the county's National Pollutant Discharge Elimination System (NPDES) stormwater permits. These
permits require the county to enact legislation by February 15, 2005 that requires implementation of
source control and site design measures for all new construction, redevelopment and infill that creates
or replaces more than an acre of impermeable surface. As of August 15, 2006, this surface threshold is
required to be 10,000 square feet.
SECTION II. Chapter 1014-2 of the County Ordinance Code is repealed in its entirety and replaced
by new Chapter 1014-2, which is added to the County Ordinance Code to read:
Chapter 1014-2
GENERAL PROVISIONS
1014-2.002 Intent and purpose.
(a) 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 Porter-Cologne Water
Quality Control Act (Water Code, § 13000 et seq.) and the Federal Clean Water Act (33
U.S.C. § 1251 et seq.).
(b) This division also carries out the conditions in the county's National Pollutant Discharge
Elimination System (NPDES)permits that require, no later than February 15, 20055
implementation of appropriate source control and site design measures and stormwater
treatment measures for projects that create or replace one acre or more of impervious surface.
Effective August 15, 2006 this threshold is reduced to projects that create or replace 10,000
square feet or more of impervious surface.
(c) 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 areas by:
(1) Eliminating, to the maximum extent practicable, illicit stormwater discharges to the
stormwater system, whose pollutants would otherwise degrade the water quality of
local streams.
ORDINANCE NO. 2005-01
-l-
(2) Minimizing increases in nonpoint source pollution caused by stormwater runoff from
development that would otherwise degrade local water quality.
(3) Controlling the discharge to the county's stormwater system from spills, dumping or
disposal of materials other than stormwater.
(4) Reducing stormwater run-off rates and volumes and nonpoint source pollution
whenever possible through stormwater management controls and ensuring that these
management controls are properly maintained and pose no threat to public safety.
(5) Promoting No Adverse Impact (NAI)policies as developed by the Federal Emergency
Management Agency(FEMA) and the Association of State Floodplain Managers
(ASFPM), to the maximum extent practicable, in an effort to minimize the adverse
impact of new development on stormwater quality or quantity. (Ord. 2005-01 §2, 96-
21 § 3.)
1014-2.004 Definitions. As used in this division, the following words and prhases have the following
meanings. Words and phrases in this division not otherwise defined shall be interpreted as defined in the
regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the
Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement
the Porter-Cologne Act
(a) "Authorized county employee(s)"means those individuals designated by the director.
(b) "Best management practices"or"BMPs" include both structural devices and operational
practices and procedures. "Structural BMPs" are devices, measures, or stormwater
management facilities or activities that help to meet development runoff requirements at the
premises. "Operational BMPs"include schedules of activities, prohibitions or practices,
general good housekeeping,pollution prevention practices, maintenance procedures, and other
management practices that prevent or reduce the discharge of pollutants directly or indirectly to
watercourses, water bodies, and wetlands.
(c) "County's NPDES permits"means the NPDES permits issued jointly to Contra Costa County
and other public agencies by the San Francisco Bay Regional Water Quality Control Board
and the Central Valley Regional Water Quality Control Board. These permits are Permit Nos.
CAS0029912 and CAS0083313 respectively, and any amendments, reissuances or
successors to these NPDES permits.
(d) "Development" as used in this division means on land, in or under water, the placement or
erection of any solid material or structure; the discharge or disposal of any dredged material or
of any gaseous, liquid, solid, or thermal waste; the grading, removing, dredging, mining, or
extraction of any materials; any change in the density or intensity of use of land, including, but
not limited to, a subdivision established pursuant to the Subdivision Map Act (commencing with
Section 66410 of the Government Code), and any other division of land; any change in the
ORDINANCE NO. 2005-01
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intensity of use of water, or of access thereto; any construction, reconstruction, demolition, or
alteration of the size of any structure, including any facility of any private, public, or municipal
utility; and the removal or harvesting of major vegetation other than for agricultural or public
agency routine maintenance purposes.
(e) "Development runoff requirements"means the provisions in the county's NPDES permits that
contain performance standards to address both the construction and post-construction phase
impacts of new projects and redeveloped projects on stormwater quality. These requirements
are in section C. 3 of the county's 1999 NPDES permits.
(f) "Director"means the Director of Public Works or his or her designee.
(g) "Guidebook"means the most recent version of the Contra Costa Clean Water Program
Stormwater C. 3. Guidebook.
(h) "Illicit discharge"means any discharge to the county's stormwater system that is not composed
entirely of stormwater, except a discharge in compliance with a NPDES permit.
(i) "NPDES"means the National Pollutant Discharge Elimination System, established by the
Federal Water Pollution Control Act, as amended also known as the Clean Water Act (33
U.S.C. Section 1251 and following.)
(j) "Pollutant"means any material other than stormwater discharged into the water or stormwater
system, 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; or industrial, municipal
or agricultural waste.
(k) "Premises"means any building; structure; facility; land or portion of land whether improved or
unimproved; or installation, including a building's grounds or other appurtenances; and adjacent
sidewalks and parking strips.
(1) "Responsible person"means the owner or occupant of any premises or any person who
engages in any activity from which there is or may be a discharge prohibited by Section 1014-
4.006, or any person who releases pollutants to the county's stormwater system.
(m) "Stormwater"means flow of water on the surface of the ground resulting from precipitation.
(n) "Stormwater management facility"means any device designed to detain, retain, filter, or
infiltrate stormwater.
(o) "Stormwater control plan"means a plan that meets those criteria contained in the most recent
version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook.
ORDINANCE NO. 2005-01
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(p) "Stormwater control operation and maintenance plan" is a county approved document detailing
operation and maintenance requirements for stormwater management facilities incorporated into
a project. (Ord. 2005-01 §2, 96-21 § 3.)
(q) "Stormwater system"is that system of facilities (man made or natural)by which stormwater
may be conveyed, including flood control channels, any roads with drainage systems, city
streets, catch basins, curbs, gutters, ditches, improved channels, storm drains or storm drain
system, which are not part of a Publicly Owned Treatment Works ("POTW") as that term is
defined in 40 CFR section 122.2.
1014-2.006. Responsibility for Administration. The director or his or her designee shall administer
this chapter for the county. (Ord. 2005-01 §2, 96-21 § 3.)
SECTION III. Chapter 1014-4 of the County Ordinance Code is repealed in its entirety and replaced
by new Chapter 1014-4 to read:
Chapter 1014-4
APPLICATION
1014-4.002 Construction and Application. For the unincorporated area, this division shall be
construed in a manner consistent with the requirements of the Federal Clean Water Act and
amendments thereto or applicable implementing regulations and the County's NPDES permits. (Ord.
2005-01 §31, 96-21 § 3.)
1014-4.004 Stormwater Control Plan Required.
(a) The following developments are subject to the requirements of Provision C.3 of the county's
NPDES permit:
(1) Any development that creates one acre (43,560 square feet) or more of impervious
surface, including roof areas, streets, and sidewalks. Excluded from this category is the
construction of one single family home that is not part of a larger plan of development,
provided that the home has appropriate pollutant source control and site design
measures and uses landscaping to appropriately treat runoff from roof and house-
associated impervious surfaces.
(2) Streets roads, highways, and freeways under the county's jurisdiction that create one
acre (43,560 square feet) or more of new impervious surface. Excluded from this
category are sidewalks,bicycle lanes, trails, bridge accessories, guardrails, and
landscape features.
(3) Developments on previously developed sites that result in the addition or replacement
of a combined total of one acre (43,560 square feet) or more of impervious surfaces.
ORDINANCE NO. 2005-01
-4-
Excluded from this category are interior remodels and routine maintenance or repair.
Excluded routine maintenance or repair includes roof or exterior surface replacement,
pavement resurfacing, repaving and road pavement structural section rehabilitation
within the existing footprint, and any other reconstruction work within a public street or
road right-of-way where both sides of that right-of-way are developed.
(b) Effective August 15, 2006, the following developments are subject to the requirements of
Provision C.3 of the county's NPDES permits:
(1) Any development that creates 10,000 square feet or more of impervious surface,
including roof areas, streets, and sidewalks. Excluded from this category is the
construction of one single family home, that is not part of a larger plan of development.
(2) Streets roads, highways, and freeways under the county's jurisdiction that create
10,000 square feet or more of new impervious surface. Excluded from this category are
sidewalks,bicycle lanes, trails, bridge accessories, guardrails, and landscape features.
(3) Developments on previously developed sites that result in the addition or replacement
of a combined total of 10,000 square feet or more of impervious surfaces. Excluded
from this category are interior remodels and routine maintenance or repair. Excluded
routine maintenance or repair includes roof or exterior surface replacement,pavement
resurfacing, repaving and road pavement structural section rehabilitation within the
existing footprint, and any other reconstruction work within a public street or road right-
of-way where both sides of that right-of-way are developed.
(c) Every application for a development, including but not limited to a rezoning, tentative map,
parcel map, conditional use permit, variance, site development permit, design review, or
building permit, that is subject to development runoff requirements in the County's NPDES
permits, shall be accompanied by a stormwater control plan that meets the criteria in the most
recent version of the Contra Costa Clean Water Program Stormwater C.3. Guidebook.
Applications will not be deemed complete for processing until after the stormwater control plan
has been reviewed and approved for completeness.
(d) For any development where a stormwater control plan is required, implementation of an
approved stormwater control plan and submittal of an approved stormwater control operation
and maintenance plan is a condition precedent to the issuance of a certificate of occupancy.
(e) All stormwater management facilities implemented pursuant to this subsection shall be
maintained according to the guidebook and the approved stormwater control operation and
maintenance plan. The person(s) or organization(s)responsible for maintenance shall be
designated in the plan. Unless a different time period is provided for in the plan, those
responsible for maintenance shall inspect the stormwater management facility at least annually.
ORDINANCE NO. 2005-01
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The plan shall also describe how the maintenance costs will be funded. Upon the failure of a
responsible person to maintain a stormwater management facility in accordance with this
chapter or the plan, the county may perform the maintenance and recover its costs from the
responsible person as provided in Chapter 1014-6.
(f) If a stormwater control plan requires the construction of stormwater management facilities
(structural BMPs), the property owner must provide recorded covenants or easements allowing
access for inspection and maintenance of those facilities by the county, the Contra Costa
Mosquito and Vector Control District, and the regional water quality control boards, the fire
protection districts, the sanitary districts, the municipal improvement districts, and the
reclamation districts that have jurisdiction over the property.(Ord. 2005-01 §3, 96-21 § 3.)
1014-4.006 Prohibited Discharges.
(a) The release of illicit discharges to the county stormwater system is prohibited.
(b) The following discharges are exempt from the prohibition set forth in subsection (a) above:
flows from riparian habitats and wetlands; diverted stream flows; springs; rising groundwater;
and uncontaminated groundwater infiltration.
(c) The following discharges are exempt from the prohibitions set forth in subsection(a) above if
the Regional Water Quality Control Board approves the exempted category under section C.
11. of the county's NPDES permits: uncontaminated pumped groundwater; foundation drains;
water from crawl space pumps; footing drains; air conditioning condensate; irrigation water;
landscape irrigation; lawn or garden watering; planned and unplanned discharges from potable
water sources; water line and hydrant flushing; individual residential car washing; discharges or
flows from emergency fire fighting activities; and dechlorinated swimming pool discharges.
(Ord. 2005-01§3, 96-21 § 3.)
1014-4.008 Discharge in Violation of NPDES Permit. Any discharge that would result in or
contribute to a violation of the county's NPDES permits, either separately considered or when
combined with other discharges, is prohibited. Liability for any such discharge is the responsibility of
the person(s) causing or responsible for the discharge. To the extent allowed by law, such person(s) or
permitee(s) shall defend, indemnify and hold harmless the county, its officers, employees, and agents in
any administrative or judicial enforcement action. (Ord. 2005-01 §3, 96-21 § 3.)
1014-4.010 Unlawful Discharge and Unlawful Connections.
(a) It is unlawful to establish, use, maintain, or continue unauthorized drainage connections to the
county's stormwater system.
ORDINANCE NO. 2005-01
-6-
(b) It is unlawful to commence or continue any unauthorized discharge to the county's stormwater
system. (Ord. 2005-01 §3, 96-21 § 3.)
1014-4.012 Reduction of Pollutants in Stormwater.
(a) Generally. Any person engaging in activities that may result in pollutants entering the county's
stormwater system shall undertake all practicable measures to reduce such pollutants. Examples
of such activities include the ownership and use of premises that may be a source of pollutants,
such as parking lots, gasoline stations, industrial facilities, business enterprises and dwelling
units.
(b) Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited,placed,
left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects,
articles or other litter in or upon any street, alley, sidewalk,business place, creek, stormwater
system, fountain, pool, lake, stream,river or any other body of water, or upon any public or
private parcel of land, except in containers or in lawfully established waste disposal facilities.
(c) Sidewalks. The occupant or tenant, or in the absence of occupant or tenant, the owner or
proprietor of any real property in front of which there is a paved sidewalk, shall maintain the
sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk
shall not be 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.
(d) Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or
maintaining a paved parking lot, a paved area of a gasoline station, a paved private street or
road, or a related stormwater system shall clean those premises as frequently and thoroughly
as practicable in a manner that does not result in the discharge of pollutants to the county's
stormwater system
(e) 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 California Stormwater Quality Association (CASQA) Stormwater Best
Management Practices Handbooks for Construction Activities and New Development and
Redevelopment, the Association of Bay Area Governments (ABAG)Manual of Standards for
Erosion& Sediment Control Measures, the county's grading ordinance (Division 719 of the
Ordinance Code), this ordinance and other generally accepted engineering practices for erosion
control as required by the director. The director may establish controls on the volume and rate
of stormwater runoff from new developments and redevelopment as may be appropriate to
minimize the discharge and transport of pollutants.
(f) Notification of Intent and Compliance with General Permits. Each industrial discharger,
discharger associated with construction activity, or other discharger described in any general
stormwater permit addressing such discharges, as may be adopted by the United States
Environmental Protection Agency, the State Water Resources Control Board, or the California
ORDINANCE NO. 2005-01
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Regional Water Quality Control Board, (San Francisco Bay Region or Central Valley Region),
shall provide the notice of intent, comply with and undertake all other activities required by any
general stormwater permit applicable to such dischargers. Each discharger identified in an
individual NPDES permit relating to stormwater discharges shall comply with and undertake all
activities required by the permit.
(g) Compliance with Best Management Practices. Where best management practices, guidelines
or requirements have been adopted by any federal, state, regional, city or county agency, for
any activity or operation of premises that may cause or contribute to stormwater discharges
prohibited pursuant to Section 1014-4.006, every person who undertakes such activity, or
operation, or who owns or operates such premises, shall comply with such guidelines or
requirements.
(h) Stormwater Pollution Prevention Plan. The director may require any business or utility in
unincorporated areas of the county that is engaged in activities that may result in runoff
pollutants or discharges prohibited by Section 1014-4.006 to develop and implement a
stormwater pollution prevention plan, which must include an employee training program.
Business activities which may require a stormwater pollution prevention plan include
maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling,
vehicle maintenance, food handling or processing, or cleanup procedures which are carried out
partially or wholly out of doors.
(i) Coordination with Hazardous Material Release Response and Inventory Plans. 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, or any owner or operator of a hazardous water 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 discharges prohibited under Section 1014-4.006 and the requirement to
reduce the release of pollutants to the maximum extent practicable.
0) Coordination with Vector Control Plan. All construction, operation and maintenance of
stormwater management facilities shall conform to the requirements of the Contra Costa Clean
Water Program's Vector Control Plan, as approved by a regional water quality control board.
(Ord. No. 2005-01 § 3.)
1014-4.014 Compliance Certificates for Stormwater Management Facilities. Each year, the
public works department will send notice to each person who owns a premises containing stormwater
management facilities. That person will be required to complete and submit a valid operation and
maintenance certificate certifying to the inspection of and the proper operation and maintenance of the
treatment measures and other appropriate source control and site design measures at that time and
during the preceding year. (Ord. 2005-01 §3.)
ORDINANCE NO. 2005-01
-8-
1014-4.016 Authority to Inspect.
(a) Generally. Routine or area inspections may be performed as deemed necessary to carry out
the objectives of this division, including,but not limited to, random sampling, sampling in areas
with evidence of stormwater contamination, evidence of the discharges prohibited under
Section 1014-4.006 to the stormwater system, or similar factors. Inspections may also be
conducted in conjunction with routine or scheduled inspections conducted by county
departments including Contra Costa Health Services and other public agencies or special
districts, including but not limited to sanitary districts, fire protection districts, the Contra Costa
Mosquito and Vector Control District, regional water quality control boards,reclamation
districts, and municipal improvement districts.
(b) 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
use on any property such devices as are necessary to conduct sampling or metering
operations. During all authorized inspections, the authorized county employee may take any
sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the
activities on site.
(c) Notification of Spills.
(1) All persons in charge of a premises or responsible for emergency response for a
premises have a responsibility to train premises 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 that
creates a risk of discharges prohibited under Section 1014-4.006 into the county
stormwater system.
(2) As soon as any person in charge of a premises or responsible for emergency response
for the premises has knowledge of any suspected, confirmed or unconfirmed release of
discharges prohibited under Section 1014-4.006 entering the county stormwater
system, such person shall take all necessary steps to ensure the discovery, containment,
and clean up of such release, and shall promptly notify the director of the occurrences
by telephone. This notification requirement is in addition to and not in lieu of other
required notifications.
(d) Requirement to Test or Monitor. Any authorized county employee may require that any person
engaged in any activity that may cause or contribute to discharges prohibited under Section
1014-4.006, to undertake such monitoring activities or analysis, or both, and furnish such
reports as the employee may specify. The burden of the requirements imposed, including costs,
of these activities, analysis and reports shall bear a reasonable relationship to the need for the
ORDINANCE NO. 2005-01
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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 in a timely manner.
(e) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of
this division, or whenever the director has reasonable cause to believe that there exists in any
building or upon any premises any condition that makes such building or premises in violation of
this division, the director may enter such building or premises at all reasonable times to inspect
the same or to perform any duty authorized by this division, with consent of the owner or
occupant. If consent is refused, or if the owner or occupant cannot be located, the director may
proceed pursuant to a search or inspection warrant. (Ord. 2005-01 §3, 96-21 § 3.)
SECTION IV. Section 1014-6.014 of the County Ordinance Code is amended to read:
1014-6.014 Civil Actions.
(a) In addition to any other remedies provided in this chapter, or otherwise provided by law, any
violation of this chapter may be enforced by civil action brought by the county. In any such
action, the county may seek, as appropriate, any or all of the following remedies:
(1) A temporary restraining order, preliminary injunction and permanent injunction;
(2) An action for an unlawful business practice pursuant to Business and Professions Code
section 17206;
(b) In addition, any person violating this division may be liable for:
(1) Reimbursement for the costs of any investigation, inspection or monitoring which led to
the discovery of the violation;
(2) Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting
from the violation;
(3) Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or
aquatic life. Costs and damages under this subsection shall be paid to the county and
shall be used exclusively for costs associated with monitoring and establishing a
stormwater discharge pollution control system and implementing or enforcing the
provisions of this chapter;
(4) The cost of maintenance and repair of any stormwater management facility that is not
maintained in accordance with the guidebook, the stormwater control plan, or the
stormwater control operation and maintenance plan;
ORDINANCE NO. 2005-01
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(5) The reasonable costs of preparing and bringing administrative action under this
ordinance. (Ord. 2005-01§ 4, 96-21 § 3.)
SECTION V. EFFECTIVE DATE. This ordinance becomes effective thirty days after passage, and
within fifteen days after passage this ordinance shall be published once with the names of the
supervisors voting for and against it in the Contra Costa Times, a newspaper published in this county.
PASSED ON 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
KH:kh
H APublic Works\S tormwaterord final.wpd
ORDINANCE NO. 2005-01
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