Butte County Municipal Code Art. III Reduction of Pollutants in Stormwater

(a) Any person engaged in activities, whether at a stationary facility or mobile activity, which will or may result in pollutants entering the County storm drain system, natural surface waters, or watercourses, shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants. Such activities include, but are not limited to, ownership, operation and/or use of parking lots; vehicle repair, cleaning, and fueling activities; industrial facilities; commercial facilities; ground disturbing activities; and stores fronting County streets.

(b) All persons engaged in subject activities that will or may result in pollutants entering the County storm drain system, natural surface waters, or watercourses shall implement and maintain BMPs consistent with the California Stormwater Quality Association (CASQA) BMP Handbooks or equivalent as may be identified by the Administrator. The Administrator has the authority to approve other BMPs and develop County-specific BMP guidance.

(c) All persons engaged in activities which will or may result in pollutants entering the County storm drain system, natural surface waters, or watercourses shall protect, inspect, and maintain all BMPs to ensure continuous and fully effective performance as designed.

(d) Every person owning or occupying property adjacent to or through which a watercourse passes, shall keep and maintain that part of the watercourse within said property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly obstruct the flow of water through the watercourse. The property owner or occupant shall be responsible for obtaining and complying with any and all other local, State and/or federally required permits necessary for conducting such activities.

(e) Whenever the Administrator finds that a discharge of pollutants is taking place or has occurred that results in or resulted in pollutants entering the County storm drain system, natural surface waters, or watercourses, the Administrator shall require by written notice to the owner or occupant of the property that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Article V of this Chapter.

(f) The Administrator shall by written notice require that persons engaged in activities and/or owning or operating designated facilities which may cause or contribute to stormwater pollution, illicit discharges, and/or nonstormwater discharges into the County storm drain system, natural surface waters, or watercourses undertake at said person's expense such monitoring and analyses and furnish such reports to the Administrator as deemed necessary to determine compliance with this chapter.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 17, 5-27-25)

(a) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or person conducting any subject activity that has information of any spill, release or suspected release of pollutants or prohibited materials which result or may result in an illicit discharge into the County storm drain system, natural surface waters, or watercourses shall immediately take all reasonable action to ensure the discovery, containment, cleanup, and to otherwise minimize any such spill or release.

(b) In the event such a spill or release is of a hazardous material, said responsible person shall immediately notify emergency response officials of the incident by means of emergency dispatch services (911). Said responsible person shall also notify the Administrator within twenty-four (24) hours at (530) 538-7681 or by email to PW-LandDev@buttecounty.net.

(c) For a non-hazardous prohibited material spill or release that has been contained and cleaned up, said responsible person shall notify the County Department of Public Works in person, or by telephone no later than 5:00 p.m. the next business day. Notifications made in person or by telephone shall be confirmed by written notice within three (3) business days of the personal or telephoned notice.

(d) For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 18, 5-27-25)

(a) Any person performing construction activities in the County shall implement appropriate BMPs to prevent the discharge of sediment, construction wastes, or pollutants from construction materials, tools, and equipment from entering the County storm drain system, natural surface waters, or watercourses.

(b) The County has the authority to review designs and proposals for construction activities and development sites to determine the adequacy of the proposed BMPs for the construction phase and after final stabilization (post-construction).

(c) Any person performing construction activities for which a County permit is required shall submit for approval and implement an Erosion and Sediment Control Plan (ESCP). The ESCP shall conform to Butte County Code Chapter 13 and contain appropriate BMPs to provide for effective control of erosion and prevent the discharge of sediment and other pollutants from the site into the County storm drain system, natural surface waters, or watercourses. The Administrator has the authority to establish BMP and ESCP requirements and technical guidance documents.

(d) Implementation of an approved ESCP for construction activities shall be a condition of the issuance of a County permit. The ESCP shall be implemented year-round and must be updated to reflect changing conditions on the project site. Modifications to the ESCP shall be submitted to the County for review and approval.

(e) Any person proposing a development project shall be required to implement the Small MS4 General Permit postconstruction measures and BMPs to control the volume, rate, and potential pollutant load of stormwater runoff. Development project applicants shall submit a Post-Construction Stormwater Control Plan that includes a Stormwater Facilities Operation and Maintenance Plan to the County for review and approval. The Administrator has the authority to develop technical guidance documents and specify requirements for the Post-Construction Stormwater Control Plan.

(f) Approval of the Post-Construction Stormwater Control Plan by the County shall be a condition of the issuance of development approvals or County permits for the development project.

(g) Any person proposing a development project in a Priority Land Use area must install full trash capture systems consistent with the Statewide Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California.

(h) Stormwater management facilities installed pursuant to a Post-Construction Stormwater Control Plan shall be maintained according to the approved Stormwater Facilities Operation and Maintenance Plan. The owners or operators of facilities required to implement postconstruction BMPs shall enter into a written maintenance agreement with the County for maintenance of such features.

(i) All project proponents and their successors, or successors in fee title, in control of a development project subject to the post-construction measures, shall submit one of the following as a condition prior to final inspection and approval of the permit closure:

(1) The project proponent's signed statement accepting responsibility for the operations and maintenance of stormwater management facilities until such responsibility is legally transferred to another entity; or

(2) Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner, to assume responsibility for the operation and maintenance of the stormwater management facilities until such responsibility is legally transferred to another entity.

(Ord. No. 3981, § 1 (part), 3-11-08)

(Ord. No. 4263, § 19, 5-27-25)

Editor's note— Ord. No. 4263, § 20, adopted May 27, 2025, repealed § 50-22. Former § 50-22 pertained to administrative rules and regulations and derived from Ord. No. 3981, § 1 (part), adopted March 11, 2008.