El Dorado County Municipal Code Ch. 8.79 Stormwater Quality

Footnotes:

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Editor's note— Ord. No. 5022, § 1, adopted May 19, 2015, amended Ch. 8.79 in its entirety to read as herein set out. The former Ch. 8.79, §§ 8.79.010—8.79.230, pertained to similar subject matter, and derived from Ord. No. 4992, § 1(8.79.010—8.79.230), 2-12-2013. See also the Code Comparative Table.

This chapter shall be known as the "El Dorado County Stormwater Quality Ordinance," and may be so cited.

(Ord. No. 5022, § 1, 5-19-2015)

A. The purpose of this chapter is to ensure that El Dorado County is compliant with State and Federal laws and fulfills its requirements to:

1. Protect the health, safety, and general welfare of the citizens of El Dorado County;

2. Enhance and protect the quality of waters of the State in El Dorado County by reducing pollutants in stormwater discharges to the maximum extent practicable and controlling non-stormwater discharges to a stormwater facility; and

3. To cause the use of best management practices (Section 8.79.050) by the County and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the State.

B. This chapter seeks to promote these purposes by:

1. Prohibiting illicit discharges to a stormwater facility;

2. Establishing authority to adopt requirements for stormwater management, including source control requirements, to reduce pollution to the maximum extent practicable;

3. Establishing authority to adopt requirements for development projects to reduce stormwater pollution and erosion both during construction and after the project is complete; and

4. Establishing authority that will enable the County to implement and enforce any stormwater management plan adopted by the County.

(Ord. No. 5022, § 1, 5-19-2015)

The El Dorado County Board of Supervisors has determined that the health, safety, and general welfare of the citizens of El Dorado County is adversely affected by the discharge of pollution into stormwater facilities, surface waters and waters of the State. The Board of Supervisors further finds that violation of this chapter may constitute a human and environmental health risk.

(Ord. No. 5022, § 1, 5-19-2015)

This chapter applies to all unincorporated areas of the County.

(Ord. No. 5022, § 1, 5-19-2015)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Best management practices (BMPs) means methods that have been determined to be the most effective, practical means of preventing or reducing pollution from non-point sources, such as pollutants carried by stormwater runoff. "BMP" is a broad term that refers to many of the actions that are required under or could be completed as part of the NPDES permit, including behavioral BMPs such as education (e.g., placing inlet stencils and regularly educating municipal staff and others about measures to reduce pollution in stormwater) or discharging wash water to the sanitary sewer instead of the storm drain, structural BMPs such as source controls (e.g., double containment for hazardous materials) and treatment controls (e.g., vegetated swales and detention basins) to treat runoff before it is discharged to the storm drain or local waterway, and other practices that prevent or reduce pollutants from reaching the storm drain or other waters.

Clean Water Act (CWA) means the primary Federal law in the United States governing water pollution. Formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972), is Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483 and Public Law 77-117, 33 U.S.C. 1251 et seq.

County means the unincorporated County of El Dorado.

Consent means to permit, approve, or agree; comply or yield.

Development means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any and all land. Development includes any activity that may be considered new development or redevelopment. This also includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil, placement of fill materials, paving, pavement removal, exterior construction, substantial removal of vegetation where soils are disturbed including but not limited to removal by clearing or grubbing, or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

Discharge means the release or placement of any material into stormwater facilities within the County's jurisdiction, including but not limited to stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance.

Enforcement Agency. El Dorado County Storm Water Management Plan's lead department is the primary Enforcement Agency for the purposes of this chapter.

Enforcement Official means any County employee or agent of the County with the authority to enforce any provision of the chapter and the authority to make any decision on behalf of the Director required or called for by this chapter.

Illicit connection means any man-made conveyance that is connected to the storm drain system without a permit or through which prohibited non-stormwater flows are discharged, excluding roof-drains and other similar connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system.

Illicit discharge means any discharge to a stormwater facility that is prohibited under local, State or Federal statutes, ordinances, codes, or regulations, as well as any direct or indirect non-stormwater discharge to the County's municipal stormwater facilities, except as otherwise exempted pursuant to State or Federal laws, this chapter, or a separate NPDES permit.

Incidental runoff means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

Industrial activity means activities subject to NPDES permits as defined in 40 Code of Federal Regulations 122.26(b)(14).

Maximum extent practicable (MEP) means the minimum required performance standard for implementation of municipal stormwater management programs to reduce pollutants in stormwater. Clean Water Act § 402(p)(3)(B)(iii) requires that municipal permits "shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the administrator or the State determines appropriate for the control of such pollutants." MEP is the cumulative effect of implementing, evaluating, and making corresponding changes to a variety of technically appropriate and economically feasible BMPs, ensuring that the most appropriate controls are implemented in the most effective manner. This process of implementing, evaluating, revising, or adding new BMPs is commonly referred to as the iterative process.

Municipal separate storm sewer system (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, municipal stormwater facilities, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by a state, county, city, town, or other public body, that is designed or used for collecting or conveying stormwater, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

National Pollutant Discharge Elimination System (NPDES) means the primary permitting program under the Clean Water Act (33 U.S.C. § 1251 et seq.) which regulates most discharges to surface waters.

Non-stormwater discharge means any discharge to municipal stormwater collection systems that is not composed entirely of stormwater except discharges pursuant to an NPDES permit and discharges resulting from fire-fighting activities.

Pollutant means anything which causes or contributes to pollution, as defined herein or in Chapter 15.14 of this Code. Pollutants include, but are not limited to: sediment, chlorine, paints, varnishes, solvents, fuel, oil, automotive fluids, yard wastes, refuse, rubbish, garbage, litter, food-related wastes, discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, detergents, soaps, hazardous substances, hazardous waste, sewage, fecal coliform and pathogens, dissolved and particulate metals, animal wastes, wastes and residues that result from constructing a building or structure or from grading (including but not limited to sediments, slurries, and concrete residue), and noxious or offensive matter of any kind.

Pollution means "the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water" (CWA § 502(19)). Pollution also means, "alteration of the quality of the waters of the State by waste to a degree which unreasonably affects either the waters for beneficial uses of facilities which serve these beneficial uses" (California Water Code § 13050(1)).

Porter-Cologne Act means the Porter-Cologne Water Quality Control Act, as amended (California Water Code § 13000 et seq.).

Property owner means any person, entity, company, and/or authorized representative having title to real property within the geographic area affected by this chapter.

Regional Water Quality Control Board means the California Regional Water Quality Control Board, Lahontan and Central Valley Regions.

Stormwater means stormwater runoff, snowmelt runoff, and surface runoff and drainage [40 Code of Federal Regulations 122.26(b)(13)]. As stormwater flows over the land or impervious surfaces, it accumulates debris, chemicals, sediment or other pollutants that could adversely affect water quality if the stormwater is discharged untreated.

Stormwater facility means structures that are designed to capture, convey and treat stormwater runoff while removing pollutants and controlling flow rates. These facilities include pipes, ditches, swales, filters, ponds, basins, underground vaults and drop inlets. Facilities require maintenance in order to remain functional.

Stormwater pollution prevention plan (SWPPP) means the construction site water quality management plan required by the State's construction general stormwater permit.

Surface water includes, but is not limited to, perennial and ephemeral streams, lakes, wetlands, springs and similar waters which flow or reside in natural or artificial impoundments or drainage ways.

Waters of the United States means surface watercourses and water bodies as defined by 40 Code of Federal Regulations 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

Waters of the State means all surface watercourses and water bodies, including lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, marshes, inlets, canals, and all other bodies of surface waters (Porter-Cologne § 13050(e)), and which are within the unincorporated areas of County of El Dorado. This definition includes, but is broader than, waters of the United States.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined above, shall, when used in this chapter, have the same meaning as set forth in said act or regulation.

(Ord. No. 5022, § 1, 5-19-2015)

El Dorado County shall administer the provisions of this chapter with all participating departments of the stormwater management plans.

(Ord. No. 5022, § 1, 5-19-2015)

In the event of any conflict between this chapter and any Federal or State law or regulation or County ordinance, that requirement which establishes the higher standard for public health shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, permit, or County ordinance.

(Ord. No. 5022, § 1, 5-19-2015)

Except as provided in Section 8.79.090, it is unlawful for any person to make or cause to be made any illicit connection to or illicit discharge into a stormwater facility.

Notwithstanding the exemptions provided by Section 8.79.090, if the Enforcement Agency determines any otherwise exempt discharge causes or significantly contributes to violations of any water quality standard, or conveys significant quantities of pollutants to stormwater facilities, surface water(s) or watercourse(s), or is a danger to public health or safety, then the Enforcement Agency may give written notice to the property owner or occupant that the otherwise applicable exemption will not apply to the subject discharge following expiration as noted by the applicable notice. Any such discharge shall thereafter be prohibited from entering the stormwater facility or surface water.

(Ord. No. 5022, § 1, 5-19-2015)

Discharges from the following activities shall not be prohibited unless the Enforcement Agency determines that the discharge causes or significantly contributes to violations of any plan standard, or conveys significant quantities of pollutants to surface water or watercourses, or is a danger to public health or safety. The Enforcement Agency may give written notice to the property owner or occupant that the otherwise applicable exemption will not apply.

A. Water line flushing and discharges from potable water sources.

B. Incidental runoff from landscape irrigation and lawn watering.

C. Diverted stream flows and irrigation water.

D. Springs, rising groundwater, and flows from riparian habitat and wetlands.

E. Uncontaminated groundwater infiltration (as defined at 40 Code of Federal Regulations 35.2005(b)(20)).

F. Uncontaminated pumped groundwater, foundation drains, footing drains, fountain drains and water from crawl space pumps.

G. Air conditioning condensation.

H. Individual residential car washing.

I. Dechlorinated, pollution-free swimming pool and spa water discharges from residential property.

J. Fire-fighting flows.

(Ord. No. 5022, § 1, 5-19-2015)

Any person subject to any individual and/or industrial NPDES stormwater discharge permit shall comply with all provisions of such permit, SWPPP, and any regulations or ordinances promulgated thereto, including provisions outlined in Chapter 15.14 of this Code. Proof of compliance with said permit may be required in a form acceptable to the Enforcement Agency:

1. Prior to or as a condition of a subdivision map, site plan, building permit, or development, redevelopment, or improvement plan;

2. Upon inspection of the facility;

3. During any enforcement proceeding or action; or

4. For any other reasonable cause at any other time.

(Ord. No. 5022, § 1, 5-19-2015)

Any discharge that would result in or contribute to a violation of the County's NPDES permit issued by the Regional Water Quality Control Board and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) so causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the County and its officers, agents, employees, representatives, and volunteers from any and all claims in any administrative or judicial enforcement action relating to such discharge.

(Ord. No. 5022, § 1, 5-19-2015)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards. This chapter does not intend or imply that compliance with these minimum standards will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the waters of the State. This chapter shall not create liability on the part of the County, and its officers, agents, employees, representatives, and volunteers for any damage that results from any discharger's reliance upon this chapter or any administrative decision made hereunder.

(Ord. No. 5022, § 1, 5-19-2015)

A. The Enforcement Official is authorized to enter any building or premises upon consent through existing permit or written/verbal consent in accordance with the provisions of this section for the purpose of making an inspection to enforce the provisions of this chapter and to assure the proper implementation of BMPs. Inspections/investigations shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of the chapter, including, but not limited to: visual evidence, complaints received, knowledge or physical evidence of industrial activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, illicit discharge, or similar factors.

B. Right to inspect. Unless inspections are authorized pursuant to an existing permit issued to the property owner or occupant, prior to commencing any inspection as hereinabove authorized, the Enforcement Official shall obtain either the consent of the property owner or occupant or shall obtain an administrative inspection warrant or criminal search warrant.

C. Compliance assessments. The Enforcement Official may inspect property for the purpose of verifying compliance with this chapter, including but not limited to:

1. Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property,

2. Identifying point(s) of discharge of all wastewater, process water systems and pollutants,

3. Investigating the natural slope, including drainage patterns and man-made conveyance systems,

4. Establishing the location of all points of discharge from the property, whether by surface runoff, snow melt, or through a stormwater facility,

5. Locating any illicit connection or the source of any illicit discharge, and

6. Evaluating compliance with any stormwater discharge permit.

D. Portable equipment. For purposes of verifying compliance with this chapter, the Enforcement Official may inspect any vehicle, truck, trailer, tank truck or other mobile equipment that may pose a threat to surface waters, stormwater facilities or the MS4.

E. Records review. The Enforcement Official may inspect all records of the property owner or occupant of property relating to State general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to a stormwater facility.

F. Sample and test. The Enforcement Official may inspect, sample and test any runoff, soils area, process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to a stormwater facility. The Enforcement Official may investigate the integrity of all stormwater facilities or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Enforcement Official may take photographs or video tape, make surveys, measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

G. Monitoring. The Enforcement Official may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to a stormwater facility.

H. Test results. The property owner or occupant of property subject to inspection shall, on submission of a written request to the Enforcement Official, receive copies of all monitoring and test results conducted during the investigation.

(Ord. No. 5022, § 1, 5-19-2015)

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.

(Ord. No. 5022, § 1, 5-19-2015)

A. General requirements. Any person engaging in activities that may result in pollutants entering a stormwater facility shall implement best management practices to the maximum extent practicable (MEP), or as determined by the Enforcement Agency, to prevent such pollutants.

B. Maintenance. All BMPs shall be protected and maintained to ensure continuous and fully effective performance as designed.

C. Illicit connection. It is unlawful and a violation of this chapter for any person to establish, use, or maintain any unauthorized connection to a stormwater facility or MS4.

D. Waste disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of a stormwater facility or waters of the State, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution, as further proscribed by Section 8.42.700 et seq. of this Code.

E. Construction activities. Any person performing construction work within the County shall implement appropriate BMPs to prevent the discharge from the site of pollutants, soil, or construction wastes or debris, including contaminants from construction materials, tools, and equipment to a stormwater facility.

F. Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, and other obstacles that would pollute or contaminate the watercourse.

G. Development/redevelopment. The County may require development and/or redevelopment projects to incorporate appropriate BMPs to control the volume, rate, and potential pollutant loading of stormwater runoff from such development/redevelopment. These required BMPs may be contained in any land use entitlement, conditions of approval, grading plans, improvement plans, or any construction or building-related permit to be issued relative to such development/redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required elsewhere in County Code and adopted stormwater management plans. The County may withhold final approvals or other authorizations if the owner or developer is in violation of the provisions of this chapter.

(Ord. No. 5022, § 1, 5-19-2015)

A. Any person owning or occupying premises who has knowledge of any illicit discharge from or across those premises which might enter a stormwater facility, except as provided in Section 8.79.090, shall:

1. Immediately take all reasonable action to contain and abate the illicit discharge, and;

2. Notify the Enforcement Agency or its designated contact person within 24 hours of discovery of the illicit discharge. The Enforcement Agency may require the property owner and/or the responsible person to take corrective actions within a specified time pursuant to this chapter.

B. Additionally, any party responsible for runoff in excess of incidental runoff shall do the following:

1. Detect leaks and correct the leaks within 72 hours of learning of the leak;

2. Properly design and aim sprinkler heads;

3. Not irrigate during precipitation events; and

4. Manage ponds containing recycle water such that no discharge occurs unless the discharge is a result of a 25-year, 24-hour storm event or greater, and the Regional Water Quality Control Board is notified by email no later than 24 hours after the discharge.

(Ord. No. 5022, § 1, 5-19-2015)

Any person who violates a provision of this chapter may be subject to administrative, civil, or criminal liability as provided in this chapter, Chapter 1.24, and/or Chapter 9.02 of this Code.

A. Primary authority. The Enforcement Agency is empowered to use any of the provisions of Sections 8.79.170 through 8.79.220, and the provisions found in Chapters 1.24 or 9.02, where appropriate to correct violations of, and secure compliance with the provisions of this chapter.

B. Warning not required. Issuance of a warning shall not be a requirement prior to using any enforcement provision of this chapter.

(Ord. No. 5022, § 1, 5-19-2015)

A. Informal warning; educational materials. Whenever the Enforcement Official determines that a violation of a provision of this chapter has occurred or may occur, the Enforcement Official may provide a warning to any person and/or owner responsible for the condition giving rise to such violation or potential violation. Such warning may include the distribution of educational materials to assist in future compliance with this chapter. This warning may be provided in person or in writing.

B. Notice of noncompliance. Whenever the Enforcement Official determines that a violation has occurred, the Enforcement Official may serve a notice of noncompliance to any person and/or property owner responsible for the violation. Each notice of noncompliance shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The chapter section violated and a description of the violation;

4. A description of how the violation can be corrected;

5. A time limit by which the violation shall be corrected, after which further enforcement and/or corrective actions may be taken by the County if the violation is not fully corrected;

6. The name and signature of the individual preparing the notice of noncompliance;

7. A statement outlining the procedure for appeal of the notice of noncompliance; and

8. Notice of potential liability under the Federal Clean Water Act or State Porter-Cologne Water Quality Act.

C. Administrative compliance order. Whenever the Enforcement Official determines that a violation has occurred, the Enforcement Official may serve an administrative compliance order to any person and/or property owner responsible for the violation. Each administrative compliance order shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The chapter section violated and a description of the violation;

4. An order to cease all activities which are believed to be causing the violation;

5. A time limit by which the violation shall be corrected, after which corrective actions will be taken by the County if the violation is not fully corrected;

6. A statement that the County will charge the person and/or owner for all administrative costs associated with enforcement actions;

7. An order prohibiting the continuation or repeated occurrence of the violation;

8. The name and signature of the individual preparing the citation;

9. A statement outlining the procedure for appeal of the order;

10. Notice to the violator of potential liability under the Federal Clean Water Act or State Porter-Cologne Water Quality Act; and

11. Any other terms or requirements reasonably calculated to achieve full compliance with the terms, conditions, and requirements of any permit issued pursuant hereto.

D. Citation. The Enforcement Official is authorized to issue citations for infractions of this section using the provisions found in Chapters 1.24 or 9.02 of this Code.

E. Misdemeanor. Any violation of this chapter may, at the discretion of the Enforcing Agency, be considered a misdemeanor and, as such, may be punished using the provisions of Chapter 1.24, including a fine of not more than $500.00, imprisonment for a period not to exceed six months, or both.

F. Cost recovery. The Enforcement Official may deliver to the property owner or occupant, any permittee, or any other person who becomes subject to a notice of noncompliance or administrative compliance order, an invoice for costs. An invoice for costs shall be immediately due and payable to the County for the actual costs incurred by the County in issuing and enforcing any notice or order.

If any owner or occupant, permittee, or any other person subject to an invoice for costs fails to either pay the invoice for costs or appeal successfully the invoice for costs or the underlying notice or order in accordance with this section, then the County may institute collection proceedings or resort to any collections methods authorized by Chapter 9.02 of this Code.

G. Service. The Enforcement Officer shall use the provisions of Section 9.02.120 of the County's Ordinance Code to serve a notice of noncompliance, citation, administrative compliance order, or invoice for costs to effectuate the provisions of this chapter.

H. Separate violation intent.

1. Each day in which a violation occurs and each separate failure to comply with any provision of this chapter is a separate offense and punishable by penalties in accordance with this chapter.

2. A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate, or utilize an illicit connection, or to cause, allow or facilitate any illicit discharge or threatened illicit discharge.

(Ord. No. 5022, § 1, 5-19-2015)

A. Any person receiving a notice of noncompliance, administrative compliance order, or citation under Section 8.79.180, or any person required to perform monitoring, analysis, reporting or corrective activities by any Enforcement Official and who is aggrieved by such decision may appeal the notice of noncompliance, administrative compliance order, citation, or decision in writing to the Hearing Officer within ten days following the effective date of the subject action. Upon receipt of such appeal, the Hearing Officer shall request a report and recommendation from the authorized County employee and shall set the matter for hearing at the earliest practical date. At said hearing, the Hearing Officer may base his or her decision on additional evidence, and may reject, affirm or modify the Enforcement Official's decision.

B. The decision of the Hearing Officer may be appealed to the Board of Supervisors by filing a notice of appeal with the clerk of the Board of Supervisors within 15 days of receipt of the decision of the Hearing Officer. Such appeals shall be in writing and shall set forth fully the grounds for the appeal. The Board of Supervisors shall thereupon fix a time and place for a public hearing of such appeal. The clerk of the Board of Supervisors shall give notice to the appellant of the time and place of hearing by serving it personally or by depositing it in the U.S. Post Office, postage prepaid, addressed to the appellant at his last known address at least five days prior thereto.

At the hearing before the Board of Supervisors, the appellant may appear in person or by counsel and present any relevant evidence relating to the grievance; the Enforcement Agency may present evidence in rebuttal thereof. The hearing may be continued from time to time, not to exceed 30 days in all. The Board of Supervisors shall conduct a hearing and make findings as appropriate. The decision of the Board of Supervisors shall be final.

C. Notwithstanding the foregoing, these administrative appeal procedures shall not apply to criminal proceedings initiated to enforce this chapter.

(Ord. No. 5022, § 1, 5-19-2015)

A. Nuisance abatement. The Enforcement Official may, in addition to other authorized procedures set forth in this chapter, take action to abate any nuisance in accordance with the procedures found in Chapter 9.02 of this Code. The costs of any such abatement undertaken by the County shall be borne jointly and severally by the property owner and the person creating, causing, committing, allowing, or maintaining the nuisance and shall be collectable in accordance with the provisions of Chapter 9.02 of this Code.

B. Summary abatement. The Enforcement Official may, in addition to other authorized procedures, take immediate action to abate any illicit discharge or threatened illicit discharge from any source to a stormwater facility when, in the discretion of the Enforcement Agency, the illicit discharge or threatened illicit discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of a permit. The Enforcement Official must first make reasonable attempts to contact and compel the responsible person and/or property owner to abate the illicit discharge or threatened illicit discharge in a satisfactory manner. The costs of any such abatement shall be borne jointly and severally by the property owner and the person creating, causing, committing, allowing, or maintaining the nuisance and shall be collectable in accordance with the provisions of Chapter 9.02 of this Code. Following the summary abatement hearing, within ten days of taking action in accordance with this section, there shall be a post abatement hearing in accordance with Section 9.02.310.

(Ord. No. 5022, § 1, 5-19-2015)

In addition to any other remedies provided in this section, 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 and allowed by law, any or all of the following remedies:

A. A temporary restraining order, preliminary and permanent injunction;

B. Reimbursement for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this division;

C. Costs incurred in removing, correcting or terminating the adverse effect(s) resulting from the violation;

D. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages under this subsection shall be paid to the County and shall be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control system and/or implementing or enforcing the provisions of this division.

(Ord. No. 5022, § 1, 5-19-2015)

The Enforcement Official shall collect such fees as may be authorized by the Board of Supervisors to establish and collect regulatory costs, which include routine inspections/investigations, and other regulatory functions associated with this chapter. Any such fees shall be established by resolution of the Board of Supervisors.

(Ord. No. 5022, § 1, 5-19-2015)

Each and every remedy available for the enforcement of this chapter shall be non-exclusive and it is within the discretion of the Enforcement Agency to seek cumulative remedies, including those specified in Chapter 9.02 of this Code, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter. Moreover, the remedies available to the County pursuant to this chapter shall not limit the right of the County to seek any other remedy that may be available by law.

(Ord. No. 5022, § 1, 5-19-2015)

If any section, subsection, paragraph, sentence, or phrase of this chapter is found to be invalid or unconstitutional for any reason, that finding shall not affect the remaining portions of this chapter.

(Ord. No. 5022, § 1, 5-19-2015)