Fresno County Municipal Code Ch. 14.24 Regulation of Stormwater Discharges

It is the purpose and intent of this chapter to prohibit the commencement, conduct or continuance of illicit discharges to the storm drain system within the county and to the waters of the United States, to prohibit illicit connections to the storm drain system, and to establish waste disposal prohibitions, in order to prevent pollution, as required by the municipal NPDES stormwater discharge permit ("permit"), issued pursuant to the Clean Water Act. This ordinance is applicable to the area within the county encompassed by such permit. This ordinance: authorizes the county to adopt and impose best management practices; to require remediation, monitoring and analysis of discharges; establishes a requirement to notify authorities of releases; and authorizes county's access, inspection, sampling, installation or establishment of sampling devices, and testing. This chapter provides for the issuance of notices of violation, for administrative hearings and appeals, and for the potential for illicit discharges to be deemed a public nuisance in addition to a violation of this ordinance.

(Ord. 98-009, § 1)

Whenever the following terms appear herein, or in any of the Fresno County Ordinance Code chapters or sections referred to in this chapter, they shall have the meaning ascribed to them in this chapter for the purpose of this chapter, unless the context clearly discloses a different intent.

A. "Agricultural lands" means a parcel of land under a single ownership and of five or more acres used primarily for agricultural pursuits consisting of raising tree, vine, field, forage, or other plant life, crops of all kinds, or the maintenance, breeding and raising of poultry or animals.

B. "Authorized enforcement agent" means the director of the public works and development services department and any designee.

C. "Best management practices" ("BMPs") means activities, practices and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain system and to the waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal and drainage from materials storage; and the prohibition of specific activities, practices and procedures.

D. "Clean Water Act" means the federal Water Pollution Control Act enacted by Public Law 92-500 as amended by Public Laws 95-217, 95-576, 96 -483, and 97-117 (33 U.S.C. Section 1251 et seq.).

E. "Director" means the director of the public works and development services department.

F. "District" means the Fresno metropolitan flood control district.

G. "General manager" means the general manager-secretary of the district and his or her duly authorized representative.

H. "Hazardous material" or "hazardous materials" means any material, including any substance, waste or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

I. "Illicit connection" means either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow sewage, process wastewater, and wash water to enter the storm drain system and any connections thereto from indoor drains and sinks, regardless of whether such drain or connection had been previously allowed, permitted or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the district, or by the county, according to their respective jurisdictions over such approval(s).

J. "Illicit discharge" means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in this chapter.

K. "Industrial National Pollutant Discharge Elimination System (NPDES) stormwater discharge permits" means general, group and individual stormwater discharge permits which regulate facilities defined in federal NPDES regulations as engaging in industrial activity pursuant to the Clean Water Act. The California Regional Water Quality Board, Central Valley Region (hereinafter, "Regional Board") and the State Water Resource Control Board have adopted general stormwater discharge permits, including but not limited to the general construction activity and general industrial activity permits.

L. "Municipal NPDES stormwater discharge permit" ("permit") means the area-wide NPDES stormwater discharge permit issued pursuant to the Clean Water Act by the Regional Board to the district, city of Fresno, city of Clovis, county of Fresno, Caltrans, and California State University, Fresno, to regulate discharges from the municipal separate storm drain system to waters of the U.S., constituting Order No. 92-244, NPDES Permit No. CA0083500, and any amendments, revisions or reissuance thereof. Such permit is incorporated by this reference as though set forth in full herein.

M. "Non-stormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater.

N. "Permit area" means the area subject to the terms and conditions of the municipal NPDES stormwater discharge permit under the jurisdiction of the county; such area for the purposes of this chapter of the county of Fresno include (1) the planned urban local drainage areas specified within the district's adopted storm drainage and flood control master plan, as it may be amended from time to time (hereinafter, "permit area, 'A'"), and (2) the area lying adjacent to and north of the district bound, between the San Joaquin River and the Friant-Kern Canal (hereinafter, "permit area 'B'"), excepting therefrom, as to the entire permit area any area within that permit area (a) within the boundaries and under the jurisdiction of the city of Fresno, or the city of Clovis, or under the jurisdiction of California State University, Fresno; and (b) any areas comprised of highways or roadways under the jurisdiction of the state of California, including but not limited to State Routes 41, 99, 180, and 168. A map of the permit area is contained in the municipal NPDES stormwater discharge permit. A copy of such map, modified to show permit area 'A' and Permit Area 'B,' is attached to the ordinance codified in this chapter and incorporated by this reference as though set forth in full herein.

O. "Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company, government agency, or other entity which is recognized by law as the subject of rights or duties.

P. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous solid wastes and yard wastes; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries and concrete rinsates).

Q. "Pollution" means an alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses, as defined at California Water Code, Section 13050.

R. "Porter-Cologne Act" means the California Porter-Cologne Water Quality Control Act and any amendments thereof. (California Water Code, Sections 13000 et seq.)

S. "Premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

T. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous materials, nonhazardous materials, hazardous substance, pollutant, or contaminant). (Source: 42 United States Code, Section 9601(22).)

U. "Storm drain system" means publicly owned facilities operated by the district or by the county, as applicable, by which stormwater is designed to be collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and man-made or altered drainage channels, reservoirs, and other drainage structures which are within the permit area, whether in permit area 'A' or permit area 'B,' and which are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

V. "Stormwater" means any surface flow, runoff and drainage associated with rain storm events and snow melt.

W. "Waters of the United States ("U.S.")" means surface watercourses and water bodies as defined at 40 CFR Section 122.2.

(Ord. 98-009, § 1)

This chapter shall apply to all stormwater generated on any developed and undeveloped urban lands lying within the county and within the permit area, permit area 'A' and Permit Area 'B,' including any amendments or revisions to the municipal NPDES stormwater discharge permit. This chapter shall not apply to stormwater generated on agricultural lands.

(Ord. 98-009, § 1.

The director shall administer, implement and enforce the provisions of this chapter as to all lands within permit area 'B' and is empowered to and may administer, implement, and enforce them as to all lands within permit area 'A.' Any powers granted or duties imposed upon the director may be delegated in writing by the director to persons or entities in the employ of, or under contract to, the county, or acting in the beneficial interest of the county.

(Ord. 98-009, § 1)

The provisions of this chapter are declared to be severable. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person, establishment or circumstances are held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. 98-009, § 1)

This chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and California Porter-Cologne Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0083500 and any amendments, revisions or reissuance thereof.

(Ord. 98-009, § 1)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants into Waters of the U.S. caused by such person. This chapter shall not create liability on the part of the county or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision made thereunder.

(Ord. 98-009, § 1)

The commencement, conduct or continuance of any illicit discharge to the storm drain system is prohibited except as described below.

A. Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to the waters of the U.S., when they are properly managed to ensure to the maximum extent practicable that pollutants and potential pollutants are not present, and therefore they shall not be considered illicit discharges subject to this prohibition, unless specifically determined to cause a violation of the provisions of the Porter-Cologne Act, or the Clean Water Act: water line flushing; uncontaminated pumped ground water and other discharges from potable water sources; landscape irrigation and lawn watering; irrigation water, stormwater runoff, and return flows from agricultural lands; diverted stream flows; rising groundwater; groundwater infiltration to the storm drain system; foundation and footing drains; water from crawl space pumps; air conditioning condensation; springs; individual residential and occasional noncommercial car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; municipal and construction-related street wash waters; and waters resulting from firefighting.

B. The prohibition shall not apply to any non-stormwater discharge permitted or approved under an NPDES permit, waiver or waste discharge order issued to the discharger and administered by the state of California under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations and provided that written approval has been granted by the district or the county, as applicable, for any discharge to the storm drain system.

C. With written concurrence of the regional board, the district or the county as applicable may exempt in writing other non-stormwater discharges which are not a source of pollutants to the storm drain system nor waters of the U.S.

(Ord. 98-009, § 1)

A. The construction, use, maintenance or continued existence of illicit connections to the storm drain system are prohibited, commencing upon the effective date of the ordinance codified in this chapter.

B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(Ord. 98-009, § 1)

No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or waters of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles and accumulations, such that the same may cause or contribute to Pollution. Wastes lawfully deposited in streets immediately prior to and for the purposes of collection are exempted from this prohibition.

(Ord. 98-009, § 1)

Any discharge that could result in or contribute to a violation of the municipal NPDES stormwater discharge permit is a violation of this chapter and is prohibited.

(Ord. 98-009, § 1)

Any person subject to any industrial NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with such permit may be required in a form acceptable to the director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. 98-009, § 1)

A. Authorization to Adopt and Impose Best Management Practices. The county may adapt requirements identifying appropriate best management practices ("BMPs") for any activity, operation or facility which may cause or contribute to pollution of stormwater, the storm drain system, or waters of the U.S. Where best management practices requirements are promulgated by the county or any federal, state of California, regional agency, for any activity, operation or facility which would otherwise cause the discharge of pollutants to the storm drain system or waters of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.

B. New Development and Redevelopment. The county may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The county shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the entitlements and building permits as required in this chapter, and in this ordinance code as a whole. Any person performing construction shall comply with the provisions of this chapter and with this ordinance code as a whole, including but not limited to Chapter 15.28.010 et seq., for erosion and sediment control.

C. Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A and B of this section, any person engaged in activities or operations, or owning facilities or property upon which activities or operations are engaged which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S., shall implement BMPs to prevent and reduce such pollutants to the maximum extent practicable.

(Ord. 98-009, § 1)

The authorized enforcement agent by written notice may require that a person responsible for an illicit discharge immediately, or by a specified date, shall discontinue such discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illicit discharges.

(Ord. 98-009, § 1)

A. The authorized enforcement agent by written notice may require that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to or through it had been established or approved prior to the effective date of this chapter.

B. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illicit discharge will no longer occur, such person may request district, or county approval, as applicable, to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

(Ord. 98-009, § 1)

Whenever an authorized enforcement agent finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or waters of the U.S., that agent by written notice to the responsible person may require that the pollution be remediated and the affected property restored within a specified time.

(Ord. 98-009, § 1)

The authorized enforcement agent by written notice may require that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illicit discharges, or non-stormwater discharges to the storm drain system or waters of the U.S., to undertake at such person's expense such monitoring and analyses and furnish such reports to the county as that agent deems necessary to determine compliance with this chapter.

(Ord. 98-009, § 1)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the storm drain system, or waters of the U.S., such person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of a release of a hazardous material such person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of a nonhazardous material, such person shall notify the district in person or by phone or facsimile no later than five p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the general manager at the district within three business days of the phone notice. A copy of such written notice shall be addressed and mailed to the director, on the same day such notice is sent to the district. Any notification shall include the time, and exact location at which the release occurred, the name, address and telephone number of the person making the notification, and any other circumstances or facts which may aid the district and the county administrative officer in investigating the release.

(Ord. 98-009, § 1)

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever an authorized enforcement agent has cause to believe that there exists, or potentially exists, in or upon any premises in the county any condition which constitutes a violation of this chapter, the agent may, upon presentation of proper credentials, enter such premises at all reasonable times to inspect the same, to inspect and copy records related to compliance, and to perform any duty imposed upon him or her by this chapter; provided, except in emergency situations or when consent of the owner or occupant to the inspection has been otherwise obtained, the agent shall give the owner or occupant, if they can be located after reasonable effort, twenty-four hours' written notice of the authorized enforcement agent's intention to inspect. The notice transmitted to the owner or occupant shall state that such person has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the agent is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. 98-009, § 1)

During any inspection undertaken pursuant to Section 14.24.190, the authorized enforcement agent may take any samples deemed necessary to aid in the pursuit of the inquiry or to record site activities. Upon permission of the owner or occupant either prior to entry or during inspection, the agent may establish on any premises such devices as are necessary to conduct sampling or metering and may perform smoke or dye tests to determine the source of a discharge or pipe. In the event the owner or occupant refuses the establishment of such devices upon the premises, the agent is empowered to seek assistance from any court of competent jurisdiction in obtaining the right to install such devices and to perform such tests. However, this provision does not limit the right of the agent set forth in the first part of this section to take samples during an inspection. When the taking of such samples or conducting of such tests may be done without a physical insulation of a device or devices on the premises, the authorized enforcement agent may conduct sampling or metering, and perform tests during his or her inspection, to determine the source of a discharge. Only if the physical establishment of a device is deemed required by the agent and is refused, is the authorized enforcement agent required to and empowered hereby to seek assistance of a court of competent jurisdiction, as set forth hereinabove.

(Ord. 98-009, § 1)

Whenever an authorized enforcement agent finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the agent by written notice of violation to the responsible person may order compliance with this chapter. Such notice may require, without limitation:

A. The performance of monitoring, analyses and reporting;

B. The elimination of illicit connections or illicit discharges;

C. That violating discharges, practices or operations shall cease and desist;

D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

E. The implementation of source control or treatment BMPs.

(Ord. 98-009, § 1)

Any person receiving a written notice of requirement or notice of violation pursuant to this chapter shall be provided the opportunity for an administrative hearing before the director or his designee and subsequent appeal to the board of supervisors.

(Ord. 98-009, § 1)

Any person who is in violation of this chapter is subject to all authorized enforcement actions and penalties, including but not limited to the proceedings and penalties set forth in the ordinance code, Chapter 1.12.010.

(Ord. 98-009, § 1)

In lieu of enforcement proceedings, penalties and remedies authorized by this chapter, the director may impose upon a violator alternative compensatory actions, such as storm drain stenciling and attendance at compliance workshops.

(Ord. 98-009, § 1)

In addition to the enforcement processes and penalties herein before provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by any authorized enforcement official, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the county.

(Ord. 98-009, § 1)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter, may also be in violation of the federal Clean Water Act and/or the California Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. 98-009, § 1)