Calaveras County Municipal Code Ch. 13.01 Stormwater Quality

Footnotes:

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Editor's note— Ord. No. 3121, § 3, adopted October 22, 2019, amended Chapter 13.01 in its entirety to read as herein set out. Former Chapter 13.01, §§ 13.01.010—13.01.130, pertained to similar subject matter, and derived from Ord. No. 2930, 2007).

A. Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion and sediment transport and deposition. This stormwater runoff contributes to increased quantities of water-borne pollutants, and; stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through stormwater regulation. This chapter is enacted for the following purposes:

1. To protect public health, welfare, and property and to preserve environmental resources by controlling the discharge of pollutants into county-maintained stormwater collection and conveyance systems.

2. To provide Calaveras County with the legal authority needed to fulfill its discharge permit obligations as a "regulated municipal small storm sewer system (MS4)" operator as designated by the Central Valley Regional Water Quality Control Board.

3. To minimize increases in stormwater runoff from any development site in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels.

4. To reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater controls and to ensure that these management controls are properly maintained and pose no threat to public safety.

5. To impose protective and corrective measures as needed and to ensure that all protections and corrective requirements comport with the requirements, standards, and best management practices described in the county's MS4 discharge permit, storm water management plan, and grading manual.

6. To impose protective and corrective measures as needed to ensure compliance with the county general plan and any mitigation requirements imposed through a project's compliance requirements under the California Environmental Quality Act.

B. Where conflicts occur between this chapter and other local, state, or federal laws or regulations, the most restrictive shall apply.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

A. This chapter of the Calaveras County Code shall be enforced by chief building official of the Calaveras County Building Department or his/her designee (director). The director may delegate his/her responsibilities to enforce this chapter to a code enforcement officer or other designee, either individually or collectively.

B. To ensure compliance with State Water Resources Control Board waste discharge requirements for stormwater discharges from MS4's and the provisions of this chapter requiring the county to detect and eliminate illicit discharges and illegal connections to the MS4, the director may enter properties at all reasonable times in the manner provided by law. The entry onto private property shall be to inspect any facilities, equipment, practices, or operations for active or potential illicit discharges. If such entry is refused, the director shall have recourse to every remedy provided by law to secure entry.

C. The director has the authority to respond to the discharge of spills and prohibit dumping or disposal of materials other than stormwater into the MS4.

D. This chapter shall be applicable to all subdivision or site plan applications, unless eligible for an exemption from the Calaveras County Building Department. This chapter also applies to land development activities that are between two thousand five hundred square feet and five thousand square feet if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules.

To prevent the adverse impacts of stormwater runoff, the Calaveras County Building Department has developed as set of performance standards that must be met at new development sites. These standards apply to any construction activity disturbing two thousand five hundred or more square feet of land. The following activities may be exempt from these stormwater performance criteria.

1. Any logging and agriculture activity which is consistent with an approved soil conservation plan, or a timber management plan prepared or approved by Calaveras County.

2. Additions or modifications to existing single-family homes.

3. Developments that do not disturb more than five thousand square feet of land, provided they are not part of a larger common development plan.

4. Repairs to any stormwater treatment practice deemed necessary by Calaveras County Building Department.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

A. Definitions, word conversions, abbreviations, and acronyms shall be as defined in the latest version of the Calaveras County Grading, Drainage, and Erosion Control Manual as approved by the Calaveras County Board of Supervisors ("board").

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022)

A. Except as provided for in paragraph C, below, it shall be unlawful for any person or business to discharge or to allow non-stormwater discharges into county-maintained stormwater drainage systems or into a drainage way which flows into the county-maintained stormwater drainage system.

B. Prohibited discharges to county-maintained storm drain systems include, but are not limited to:

1. Oil, grease, or other lubricants;

2. Hazardous waste materials, including paints, petroleum-based solvents, varnishes, stains, and similar coating materials;

3. Gasoline or diesel fuel;

4. Sanitary wastewater;

5. Sediment;

6. Pesticides; including those that contain Pyrethroids;

7. Solid waste;

8. Discharges from organized car washes;

9. Discharges from mobile cleaning and pressure wash operations.

C. The following non-stormwater discharges shall be allowed into county-maintained storm drain systems unless such discharges are determined by the director to be significant contributors of pollutants that may cause the county to be in violation of State Water Resources Control Board Water Quality Order 2013-0001-DWQ:

1. Water line flushing;

2. Incidental runoff from landscape areas;

3. Diverted stream flows, springs, and hillside dewatering;

4. Rising ground waters, uncontaminated pumped ground water, and uncontaminated ground water infiltration including foundation drains;

5. Discharges from potable water sources;

6. Air conditioning condensate;

7. Irrigation water;

8. Water from crawl space pump or basement pumps, and footing drains;

9. Individual residential car washing;

10. Flows from riparian habitats and wetlands;

11. Dechlorinated swimming pool discharges.

D. No stormwater discharges to county-maintained drainage systems shall be allowed from properties whose off-site discharge of stormwater is regulated by the Central Valley Regional Water Quality Control Board or the State Water Resources Control Board unless all of the following conditions have been met:

1. The discharger has applied for and/or received a discharge permit, waiver, or conditional waiver from the appropriate water board; and

2. The discharger is in compliance with the terms and conditions of the water board-issued discharge permit, waiver, or conditional waiver.

E. Untreated stormwater runoff generated from new development shall not be directly discharged into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the director of the Calaveras County Building Department or his/her designee. In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the appropriate state agency responsible for natural resources.

F. Stormwater discharges from development shall not be hydromodified (i.e., increased in volume, increased in velocity, etc.) at the historic points of discharge (property lines, streams, etc.).

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

Any person responsible for a facility or operation or for emergency response for a facility or operation having information of any known or suspected offsite discharges of pollutants shall take all necessary steps to ensure the discovery, containment, and cleanup of the discharge. In the event of a release of a hazardous material the person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, the person shall notify the building department in person or by phone.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

A. The control of pollutants including but not limited to trash, erosion and sediment shall be in accordance with the requirements of the Chapter 15.05, Grading and Drainage of the Calaveras County Code, and with the California Stormwater Quality Association (CASQA) Best Management Practice Handbook or equivalent.

B. Owners of property including new development projects, redevelopment projects, industrial and commercial facilities, and construction site operators are required to minimize the discharge of pollutants to the MS4 through installation, implementation, and continued maintenance of BMPs consistent with the California Stormwater Quality Association (CASQA) Best Management Practice Handbook or equivalent.

1. Minimum Controls.

a. Preliminary plans shall be included in submittals for project approvals showing proposed BMPs to be implemented during development and permanent BMPs to be maintained. All stormwater management practices will be designed so that the specific storm frequency storage volumes (e.g., recharge, water quality, channel protection, ten-year, one hundred year) as identified in the current stormwater design manual are met, unless the Calaveras County Building Department confirms the applicant is exempt from such requirements. In addition, if hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, Calaveras County Building Department reserves the right to impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.

2. Site Design Feasibility.

a. Stormwater management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered:

i. Topography.

ii. Maximum drainage area.

iii. Depth to water table.

iv. Soils.

v. Terrain.

vi. Head.

vii. Location in relation to environmentally sensitive features or ultra-urban areas.

3. Conveyance Issues.

a. All stormwater management practices shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to:

i. Maximizing of flow paths from inflow points to outflow points.

ii. Protection of inlet and outfall structures.

iii. Elimination of erosive flow velocities.

iv. Providing of underdrain systems, where applicable.

4. Pretreatment Requirements.

a. Every stormwater treatment practice shall have an acceptable form of water quality pretreatment, in accordance with the pre-treatment requirements as specified in the Grading, Drainage and Erosion Control Design Manual. Discharges are prohibited even with pre-treatment in the following circumstances:

i. Stormwater is generated from highly contaminated source areas known as "hotspots."

ii. Stormwater is carried in a conveyance system that also carries contaminated, non-stormwater discharges.

iii. Stormwater is being managed in a designated groundwater recharge area.

iv. Certain geologic conditions exist (e.g., karst) that prohibit the proper pretreatment of stormwater.

5. Treatment/Geometry Conditions.

a. All stormwater management practices shall be designed to capture and treat stormwater runoff according to the specification outlined in the Grading, Drainage and Erosion Control Design Manual. These specifications will designate the water quantity and quality treatment criteria that apply to an approved stormwater management practice.

C. Parties responsible for runoff in excess of incidental runoff shall implement the following measures:

1. Detect leaks (for example, from broken sprinkler heads) and correct the leaks within seventy-two hours of learning of the leak;

2. Properly design and aim sprinkler heads; and

3. Not irrigate during precipitation events.

D. Notwithstanding C3, owners of ponds containing recycled water shall ensure that no discharge occurs unless the discharge is a result of a twenty-five-year, twenty-four-hour storm event or greater, and the appropriate regional water board is notified by email no later than twenty-four hours after the discharge.

1. The notification is to include identifying information, including the permittee's name and permit identification number.

E. Owners of properties with exposed soils having the potential to impact stormwater flows or any water way shall permanently stabilize the soils using BMPs.

1. During operations when soil is disturbed, temporary measures may be used.

F. New Development. All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specific design storms and reduce the generation of stormwater. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.

G. New Development. Annual groundwater recharge rates shall be maintained, by promoting infiltration through the use of structural and non-structural methods. At a minimum, annual recharge from the post development site shall mimic the annual recharge conditions.

H. To protect stream channels from degradation, a specific channel protection criterion shall be provided as prescribed in the current Grading, Drainage, and Erosion Control Manual.

I. Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria or may need to utilize or restrict certain stormwater management practices.

J. Certain industrial sites are required to prepare and implement a stormwater pollution prevention plan (SWPPP) and shall file a notice of intent (NOI) under the provisions of the National Pollutant Discharge Elimination System (NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites.

K. Stormwater discharges from land uses or activities with higher potential pollutant loadings known as "hotspots," may require the use of specific structural BMPs and pollution prevention practices.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

A. Whenever the director determines a person is in violation of the provisions of this chapter or may be the basis for enforcement action against the county by the Central Valley Regional Water Quality Control Board, the director shall issue a written notice of violation/stop work order to the discharger specifying a timeframe for the implementation of corrective actions necessary to establish compliance with the requirements of this chapter.

B. Upon receipt of a "stop work order," the person performing the work shall stop work immediately and comply with the requirements of the "notice of violation/stop work order" and with the procedures specified in the manual.

C. The cost of any work required to identify and define the proper course of action following the issuance of a "stop work order" shall be paid by the property owner at no cost to the county. Such actions might include, but are not limited to:

1. Abate and clean up their discharge, spill, or pollutant release within seventy-two hours of notification; high risk spill should be cleaned up immediately;

2. Abate within thirty days of notification, for controlled sources of pollutants that could pose environmental threat;

3. County shall perform the clean-up and abatement work and bill the responsible party, if necessary;

4. Require a new timeframe and notify the appropriate regional water board when all parties agree that clean-up activities cannot be completed within the original timeframe and notify the appropriate regional water board in writing within five business days of the determination that the timeframe requires revision.

D. The procedure for issuing a "notice of violation/stop work order" shall be the same as the procedure for issuing notices of violation under Section 8.06.310 of this code.

E. When necessary remedial action has been completed to the satisfaction of the director and the cited violation has been abated, the "stop work order" shall be rescinded, and work may proceed in accordance with permit conditions.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

A. If a property owner fails to abate a public nuisance following receipt of notification from the building department or if necessary to abate an imminent threat to public health or safety, the director may order county forces or contractors to enter private property and take whatever action may be necessary to abate hazards that threaten public health or safety. Such hazards include the following:

1. Alteration of drainage patterns that has caused, or has the potential to cause, flooding, erosion, or siltation on any downstream property as determined by the director.

2. Grading activities that cause or have the potential to cause erosion, sedimentation or landslides that could affect offsite property, sensitive environmental resources or public safety as determined by the director.

3. Other emergency conditions that threaten public or private property including hazards listed in Section 15.05.060.

B. Whenever the county expends funds or takes action to abate hazardous conditions as provided for above, the county shall bill the landowner, lessee, or licensee for all associated costs. Pursuant to the requirements of Government Code Section 54988, any unpaid costs shall become a lien on the property or shall be recoverable from the property owner by other legal means.

C. If security has been posted for the subject work, the county may recover costs from the security.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

No other permit shall be issued by the county for a parcel upon which an unabated violation of this chapter exists.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

This action shall be taken no sooner than thirty days after the building department has attempted to notify the owner of the property by certified mail of the nature and extent of the identified violation and the sections of county code that pertain to the violation. The filing of a notice of noncompliance shall be done in addition to any other legal remedy that the county may employ.

When corrective work has been satisfactorily completed, the board of supervisors shall direct the building department to record with the county recorder and provide to the property owner of record a notice of cancellation certifying that the violation has been abated and that the notice of violation has been rescinded.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

Any violation of any provisions of this chapter, or violation of a stop work order, shall be subject to the following enforcement actions. Each day that a violation continues shall constitute a separate offense.

Any violation of this chapter is declared a public nuisance and may be subject to the nuisance abatement and enforcement provisions of Chapter 8.06 of this code. Any person who violates the provisions of this chapter, may be assessed a civil penalty of not more than one thousand dollars for the first violation and not more than two thousand dollars for a second violation within a year. The third, and each successive violation within a one-year period, may result in civil penalties of not more than ten thousand dollars for each offense.

In addition to the civil penalties provided for above, violation of a "stop work order" is considered a misdemeanor punishable, pursuant to Section 1.24.020 of this code, by a fine of not more than ten thousand dollars for each offense or by imprisonment in the county jail for not more than six months, or by both.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

The remedies provided in this chapter are not exclusive, and are in addition to any other remedy or penalty provided by law. The available remedies include, but are not limited to, actions taken by the county pursuant to Chapter 9.02 of this code.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022; Ord. No. 3228, 3-24-2026)

A. Decisions made by the director may be appealed to the board of supervisors within ten working days of the date of such decision. The appeal to the board of supervisors shall be made in writing and shall list the specific grounds or the appeal. A copy of the appeal shall be provided to the director.

B. After due consideration of relevant factors and the grounds for appeal, the board of supervisors shall, as appropriate, either uphold the decisions of the director, modify, or eliminate fines and penalties, or impose civil penalties.

C. The decision of the board of supervisors is final, except that an appeal may be undertaken by filing appropriate litigation in a court of competent jurisdiction with the statutory time period established by law from the date of the board of supervisors' decision.

D. Failure to file an appeal as provided herein renders the decision of the director final.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022)

The remedies provided in this chapter are not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022)

Failure of the county to enforce any provision of this chapter shall not relieve any person from responsibility for damage to any person or property or impose any liability against the county for damage to any person or property.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022)

If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; and the board declares that this chapter and each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this chapter would have been adopted irrespective of the fact that one or more of such sections, subsections, paragraphs, subparagraphs, or sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 3121, § 1, 10-22-2019; Ord. No. 3178, § 3, 10-25-2022)