HomeMy WebLinkAboutMINUTES - 01042005 - C.27 TO: BOARD OF SUPERVISORS
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FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa
DATE: December 27 2004 _
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SUBJECT: Modification of Ordinance No. 2005-01, Stormwater Management and Discharge Control
Ordinance; Adoption of Capital Facilities Projects List.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE modification of Ordinance No. 2005-01 introduced on December 14, 2004; WAIVE reading of the
ordinance as modified;FIX January 11,2005 as the date to accept public comment and approve the new ordinance,
Countywide; and APPROVE the attached Capital Facilities Projects List. CountLi\d, (B Permit Clean
Water Backend Fee Funds) a
Continued on Attachment: ® SIGNATURE: , ,
® RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMM J ION OF BOARD COMMITTEE
® APPROVE OTHER
SIGNATURE(S):
ACTION OF BO ON
APPROVED AS COMM DED❑ HER ❑
SPEAKER: Robert Henry, 181 Castleton Court, San Ramon.
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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G:\GrpData\F1dCtl\Administration\Board Orders
\2004 BO\Stormwater ordinance BO 12-14-04.doc
Orig.Div:Public Works(Flood Control Division)
Contact: Rich Lierly(925-313-2348)
cc: CAO
County Counsel
Carlos Baltodano,Building Inspection
Dennis Barry,Community Development I hereby certify that this is a true and correct copy of an action
Dr.William B.Walker,Health Services taken and entered on the minutes of the Board of Supervisors on
Ken Stuart,Health Services,Environmental Health Division
Maurice Shiu,Public Works the date shown.
Mitch Avalon,Public Works
Greg Connaughton,Public Works,Flood Control Division
ATTESTED: cr `' ) ,S
JOHN SWEE ,Clerk of they and of Supervisors and County
Administrator
B �.,.�` ����• �� ,� ,..........�.-.ter
Y ��. ,Deputy
SUBJECT: Modification of Ordinance No. 2005-01, Stormwater Management and Discharge Control
Ordinance; Adoption of Capital Facilities Projects List.
DATE: December 27, 2004
PAGE: 2 of 4
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)substantial.However,on August 10,2004,the Board 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 potential impact on the County General Fund.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The County is a co-permittee under National Pollutant Discharge Elimination System(NPDES)permits regulating
discharges from storm drain systems in Contra Costa County. The permits, first issued in 1993 by the California
Regional Water Quality Control Boards for the San Francisco Bay and Central Valley Regions (Water Boards),
specify 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(County Ordinance Code Division 1014)is based on this model.
In February 2003,the San Francisco Bay Water Board amended permit Provision C.3 to require 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 (43,560 square feet) 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 also may 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 may 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.
Ordinance No.2005-01,which was introduced by the Board on December 14,2004,is based on the updated model.
SUBJECT: Modification of Ordinance No. 2005-01, Stormwater Management and Discharge Control
Ordinance; Adoption of Capital Facilities Projects List.
DATE: December 27, 2004
PAGE: 3 of 4
Ordinance No.2005-01 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 Ordinance No.2005-01.
Ordinance No. 2005-01 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 the facilities are properly maintained and are
in good condition.
Since Ordinance No. 2005-01 was introduced on December 14,2004, several revisions have been made to clarify
and improve the ordinance. These include the following:
(1) Clarify that certain projects are exempt under the grandfather clause in the County's NPDES permit
issued by the SF Bay Water Board(see Section 1014-4.004(g)).
(2) Clarify that the ordinance is required to comply with the revised C.3 requirements in the County's
NPDES permit issued by the SF Bay Water Board(see Section I and Section 1014-2.002(b)).
(3) Clarify that the ordinance requirements are consistent with the state Porter-Cologne Water Quality
Control Act as well as the federal Clean WaterAct(see Section 1014-4.002).
(4) Clarify that development subject to the ordinance and stormwater management facilities implemented
pursuant to the ordinance must comply with all requirements of the County's NPDES permits as well as
the specific requirements of the C.3 Guidebook(see Section 1014-4.004(c) and(e)and Section 1014-
6.014(b)).
(5) Clarify that the design and construction of stormwater management facilities must comply with this
ordinance and Title 9 of the County Ordinance Code(see Section 1014-4.004(e) and(f)).
(6) Clarify that the County may use all available remedies to deal with failure to properly maintain
stormwater management facilities (see Section 1014-4.004(e)).
(7) Clarify that a developer must submit an approved stormwater control plan and a stormwater control
operation and maintenance plan before obtaining a final inspection permit or a certificate of occupancy
(see Section 1014-4.004(d)).
The C.3 requirements in the County's NPDES permit issued by the SF Bay Water Board contain a"grandfather"
clause that exempts public projects for which funding has been committed and for which construction is scheduled
by February 15, 2005. The attached Capital Facilities Projects List, which was developed by the County
Administrator's Office, includes non-Public Works Department projects that otherwise maybe subject to the C.3
requirements. Board approval of the list is intended to constitute a commitment of funds and scheduling of
construction to exempt the listed projects from the C.3 requirements. While Board approval is intended to qualify
the listed projects for the"grandfather"exemption,the Board still would retain the discretion to not construct the
projects in the future.The Capital Facilities Improvement Program previously has been approved by the Board. The
Flood Control Capital Improvement Program will be submitted separately for Board consideration.
SUBJECT: Modification of Ordinance No. 2005-01, Stormwater Management and Discharge Control
Ordinance; Adoption of Capital Facilities Projects List.
DATE: December 27, 2004
PAGE: 4 of 4
It is recommended that the Board approve the modification of Ordinance No.2005-01 introduced on December 14,
2004 and fix January 11,2005 as the date for final approval of the 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. Finally, it is recommended that the Board approve the attached Capital Facilities
Projects List.
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.
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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
permit issued by the San Francisco Bay Regional Water Quality Control Board. That permit
requires 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
projects that create or replace more than an acre(43,560 square feet) of impervious 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.), the Federal Clean Water Act
(33 U.S.C. § 1251 et seq.), and applicable implementing regulations.
(b) This division also carries out the conditions in the county's National Pollutant Discharge
Elimination System(NPDES)permit issued by the San Francisco Bay Regional Water
Quality Control Board that require, no later than February 15, 2005, implementation of
appropriate source control and site design measures and stormwater treatment measures
for projects that create or replace one acre (43,560 square feet) 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,pollutants of which otherwise would degrade the water
quality of local streams.
(2) Minimizing increases in nonpoint source pollution caused by stormwater runoff
from development that otherwise would degrade local water quality.
ORDINANCE NO. 2005-01
-i-
(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 phrases 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 Water Quality Control 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 Permits 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 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.
ORDINANCE NO. 2005-01
-2-
(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 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.
(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.
(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. (Ord. 2005-01 §2, 96-21 §
3.)
ORDINANCE NO. 2005-01
-3-
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 the
Porter-Cologne Water Quality Control Act and amendments thereto, applicable implementing
regulations, and the County's NPDES permits. (Ord. 2005-01 §3, 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 permits:
(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. 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.
ORDINANCE NO. 2005-01
-4-
(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, vesting tentative map,parcel map, conditional use permit, variance, development
plan, site development permit, design review, or building permit, that is subject to
development runoff requirements in the county's NPDES permits, shall comply with all
requirements of the county's NPDES permits and be accompanied by a stormwater
control plan that meets the criteria in the 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 or final inspection permit.
(e) All stormwater management facilities implemented pursuant to this subsection shall be
designed, constructed, maintained, and operated according to all requirements of the
county's NPDES permits,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. The plan also shall 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 use any of the remedies
provided in Chapter 1014-6 or otherwise available in law or equity.
(f) If a stormwater control plan requires the construction of stormwater management
facilities (structural BMPs), the property owner must comply with Chapter 94-4 and must
provide recorded covenants, easements, or offers of dedication allowing access for
inspection and maintenance of those facilities by the county, the Contra Costa Mosquito
and Vector Control District, the regional water quality control boards, the fire protection
districts, the sanitary or sanitation districts, the municipal improvement districts, the
reclamation districts, and other public agencies that have jurisdiction over the property.
(Ord. 2005-01 §33, 96-21 § 3.)
ORDINANCE NO. 2005-01
-5-
(g) To the extent provided in the county's NPDES permits,the following projects are exempt
from this section:
(1) Projects for which aprivately-sponsored development application has been
deemed complete by the county by February 15, 2005; or
(2) Public projects for which funding has been committed and for which construction
is scheduled by February 15, 2005.
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 §33, 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.
(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
ORDINANCE NO. 2005-01
-6-
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
obj ects, 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 Practice 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 716 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 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
ORDINANCE NO. 2005-01
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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 that 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 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 design, 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.)
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,
sanitation districts, fire protection districts, the Contra Costa Mosquito and Vector
Control District, regional water quality control boards, reclamation districts, and
municipal improvement districts.
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(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 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.)
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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 all requirements of the county's NPDES
permits, the guidebook, the stormwater control plan, and the stormwater control
operation and maintenance plan;
(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 January I L% , 2005 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ORDINANCE NO. 2005-01
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ATTEST: JOHN SWEETEN, Clerk of the
Board of Supervisors and County
Administrator
By:
Deputy Board Chair
[SEAL]
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