Chapter 16.12 — STORMWATER AND STORM SEWER SYSTEMS

The purpose of these provisions is to provide for the health, safety, and general welfare of the residents of Madera County through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. These provisions establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System permit process. The objectives of these provisions are:

A.

To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user.

B.

To prohibit illicit connections and discharges to the MS4.

C.

To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with these provisions.

(Ord. No. 680, § 3(100), 6-21-16).

"Authorized enforcement agency" means employees or designees of the director of the municipal agency designated to enforce these provisions.

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

"Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

"Construction activity" means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

"County" means the County of Madera.

"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.

"Illegal discharge" means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in these provisions.

"Illicit connections" means an illicit connection is defined as either of the following:

Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

"Industrial activity" means activities subject to NPDES industrial stormwater permits as defined in 40 CFR, Section 122.26(b)(14).

"Municipal separate storm sewer system (MS4)" means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by Madera County and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.

"National Pollutant Discharge Elimination System CNPDES) Stormwater Discharge Permit" means a permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

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

"Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

"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; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; 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; and noxious or offensive matter of any kind.

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

"Storm drainage system" means publicly-owned facilities by which stormwater is 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 human-made or altered drainage channels, reservoirs, and other drainage structures.

"Stormwater" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

"Stormwater management plan" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

"Wastewater" means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(Ord. No. 680, § 3(101), 6-21-16).

These provisions shall apply to all water entering the storm drain system generated on any developed and undeveloped lands, unless explicitly exempted by the county.

(Ord. No. 680, § 3(102), 6-21-16).

The county shall administer, implement, and enforce the provisions of these provisions. Any powers granted or duties imposed upon the county may be delegated in writing by the director of public works of the county to persons or entities acting in the beneficial interest of or in the employ of the county.

(Ord. No. 680, § 3(103), 6-21-16).

These provisions are not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of these provisions are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of these provisions imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. No. 680, § 3(104), 6-21-16).

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore these provisions does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

(Ord. No. 680, § 3(105), 6-21-16).

No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

A.

The following discharges are exempt from discharge prohibitions established by these provisions: water line flushing, individual residential car washing, diverted stream flows, rising ground water, uncontaminated ground water infiltration to separate storm sewers, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, springs, water from crawl space pumps, footing drains, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and incidental runoff from landscape areas.

However, if incidental runoff if deemed to be excessive, responsible parties shall:

Detect and repair leak within seventy-two hours;

Properly design and aim sprinkler heads;

Not irrigate during precipitation events; and

Manage pond containing recycled water such 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. The notification is to include identifying information, including the permittee's name and permit identification number.

B.

Discharges or flow from firefighting, and other discharges specified in writing by the county as being necessary to protect public health and safety.

C.

Discharges associated with dye testing, however this activity requires a verbal notification to the county prior to the time of the test.

D.

The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), 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 for any discharge to the storm drain system.

(Ord. No. 680, § 3(106), 6-21-16).

A.

The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

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.

C.

A person is in violation of these provisions if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

D.

Improper connections in violation of these provisions must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system, upon approval of the county.

E.

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the county requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the

outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the county.

(Ord. No. 680, § 3(107), 6-21-16).

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 free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. No. 680, § 3(108), 6-21-16).

A.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the County prior to the allowing of discharges to the MS4.

B.

The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the notice of intent (NOI) to the county at the same time the operator submits the original NOI to the EPA as applicable.

C.

The copy of the NOI may be delivered to the county either in person or by mailing it to:

Notice of Intent to Discharge Stormwater Madera County Public Works Department 200 W. 4th Street, 3rd Floor Madera, CA 93637

D.

No person shall operate a facility that is discharging stormwater associated with industrial activity without having submitted a copy of the NOI to do so to the county.

(Ord. No. 680, § 3(109), 6-21-16).

The county shall be permitted to enter and inspect facilities subject to regulation under these provisions as often as may be necessary to determine compliance with these provisions.

A.

If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the County.

B.

Facility operators shall allow the county ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

C.

The county shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the county to conduct monitoring and/or sampling of the facility's stormwater discharge.

D.

The county has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

E.

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the county and shall not be replaced. The costs of clearing such access shall be borne by the operator.

F.

Unreasonable delays in allowing the county access to a permitted facility is a violation of a stormwater discharge permit and of these provisions. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity shall allow the county reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by these provisions.

(Ord. No. 680, § 3(110), 6-21-16).

If the county has been refused access to any part of the premises from which stormwater is discharged, and the county is able to demonstrate probable cause to believe that there may be a violation of these provisions, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with these provisions or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the County may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 680, § 3(111), 6-21-16).

practices.

The county will adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs (consistent with the California Stormwater Quality Association (CASQA) Best Management Practices Handbooks or equivalent). Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater management plan as necessary for compliance with requirements of the NPDES permit.

(Ord. No. 680, § 3(112), 6-21-16).

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 illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the county in person or by phone or facsimile no later than the next business day. Notifications in person or by phone or facsimile shall be confirmed by written notice addressed and mailed to the county within two business days. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least ten years.

Failure to provide notification of a release as provided above is a violation of these provisions.

(Ord. No. 680, § 3(113), 6-21-16).

No person shall violate any provision or fail to comply with any of the requirements of these provisions. Any person who has violated or continues to violate the provisions of these provisions, may be subject to the enforcement actions outlined in these provisions or may be restrained by injunction or otherwise abated in a manner provided by law.

In the event the violation constitutes an immediate danger to public health or safety, the county is authorized to enter upon the subject property, without giving prior notice, and to take any and all measures necessary to abate the violation and/or restore the property. The county is authorized to seek costs of the abatement as provided herein.

(Ord. No. 680, § 3(114), 6-21-16).

When the County finds that any person has violated, or continues to violate, any provision of these provisions, or any order issued hereunder, the county may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the county to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.

(Ord. No. 680, § 3(115), 6-21-16).

Whenever the county finds that a person has violated a prohibition or failed to meet a requirement of these provisions, the county may order compliance by written notice of violation to the responsible person.

A.

The notice of violation shall contain:

The name and address of the alleged violator;

The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;

A statement specifying the nature of the violation;

A description of the remedial measures necessary to restore compliance with these provisions and a time schedule for the completion of such remedial action;

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

A statement that the determination of violation may be appealed to the county by filing a written notice of appeal within ten days of service of notice of violation;

A statement specifying that, should the violator fail to abate and clean up their discharge spill, or pollutant release within seventy-two hours of notification (or sooner depending on the risk level of the spill), the work may be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator; and

A statement requiring abatement within thirty days of notification, for uncontrolled sources of pollutants that could pose an environmental threat.

B.

Such notice may also require without limitation:

The performance of monitoring, analyses, and reporting;

The elimination of illicit connections or discharges;

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

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

Payment of a fine to cover administrative and remediation costs; and

The implementation of source control or treatment BMPs.

If the time schedule for completion of the remedial action cannot be met, the county will contact the appropriate regional water board within five business days of the determination that the timeframe requires

revision.

(Ord. No. 680, § 3(116), 6-21-16).

In lieu of enforcement proceedings, penalties, and remedies authorized by these provisions, the county may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, or creek cleanup.

(Ord. No. 680, § 3(117), 6-21-16).

A.

Emergency Cease and Desist Orders. When the county finds that any person has violated, or continues to violate, any provision of these provisions, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health, safety or welfare of persons or to the environment, the county may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:

Immediately comply with all chapter requirements; and

Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.

Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the county may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The county may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the county that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under these provisions. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence to the county within five days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.

B.

Suspension Due to Illicit Discharges in Emergency Situations. The county may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health, safety or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the county may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

C.

Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of these provisions may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The county will notify a violator of the proposed termination of its MS4 access. The violator may petition the county for a reconsideration and hearing. A person shall not reinstate MS4 access to premises terminated pursuant to this section without the prior approval of the County.

(Ord. No. 680, § 3(118), 6-21-16).

In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the county shall deem appropriate, after the county has taken one or more of the actions described above, the county may impose a penalty not to exceed one thousand dollars, depending on the severity of the violation, for each day the violation remains unremedied after receipt of the notice of violation.

(Ord. No. 680, § 3(119), 6-21-16).

Any person that has violated or continues to violate these provisions may be prosecuted criminally as prescribed in Chapter 1.12 of the Madera County Code. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 680, § 3(120), 6-21-16).

Any person receiving a notice of violation may appeal the determination of the county. The notice of appeal must be received within five days from the date of the notice of violation. Hearing on the appeal before the appropriate authority shall take place within ten days from the date of receipt of the notice of appeal. The decision of the authority hearing the appeal shall be final.

(Ord. No. 680, § 3(121), 6-21-16).

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five days of the decision of the authority upholding the determination of the

county, then representatives of the county may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. No person, owner, agent or person in possession of any premises may refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. No. 680, § 3(122), 6-21-16).

Within thirty days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid within a timely manner as determined by the decision of the designated authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

Abatement costs may be paid in up to five equal payments. Interest at the maximum legal rate per annum shall be assessed on the balance beginning on the sixtieth day following discovery of the violation.

(Ord. No. 680, § 3(123), 6-21-16).

In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of these provisions is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(Ord. No. 680, § 3(124), 6-21-16).

The remedies listed in these provisions are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the county to seek cumulative remedies. The county may recover all attorneys' fees, court costs and other expenses associated with enforcement of these provisions, including sampling and monitoring expenses.

(Ord. No. 680, § 3(125), 6-21-16).

II. - CONSTRUCTION SITE STORMWATER RUNOFF CONTROL

The purpose of these provisions is to set minimum standards for all construction projects of less than one acre in order to prevent erosion, sedimentation and other environmental damage, and to promote the public health, safety and general welfare of the community.

(Ord. No. 680, § 4(200), 6-21-16).

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, and drainage from raw materials storage.

"Certified contractor" means a person who has received training and is licensed by the appropriate state or local environmental agency to inspect and maintain erosion and sediment control practices.

"Clearing" means any activity that removes the vegetative surface cover.

"Control plan" means indication of the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.

"County" means the County of Madera.

"Drainage way" means any channel that conveys surface runoff throughout the site.

"Erosion control" means a measure that prevents erosion.

"Grading" means excavation or fill of material, including the resulting conditions thereof.

"Illegal discharge" means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in these provisions.

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

"Perimeter control" means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

"Priority construction site" means prioritization criteria based on the project threat to water quality. Project threat to water quality includes soil erosion potential, site slope, project size and type, sensitivity of receiving water bodies, proximity to receiving water bodies, non-stormwater discharges, projects more than one acre that are not subject to the CGP (sites that have obtained an erosivity waiver) and past record of non-compliance by the operator of the construction site. Inspection frequencies shall be conducted based on the prioritization criteria described above.

"Sediment control" means measures that prevent eroded sediment from leaving the site.

"Site" means a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.

"Stabilization" means the use of practices that prevent exposed soil from eroding.

"Start of construction" means the first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for

basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

"Watercourse" means any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by Madera County.

"Waterway" means a channel that directs surface runoff to a watercourse or to the public storm drain.

(Ord. No. 680, § 4(201), 6-21-16).

No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater.

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except that the following discharges are exempt from discharge prohibitions established by these provisions: water line flushing, individual residential car washing, diverted stream flows, rising ground water, uncontaminated ground water infiltration to separate storm sewers, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, springs, water from crawl space pumps, footing drains, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and incidental runoff from landscape areas.

(Ord. No. 680, § 4(202), 6-21-16).

A.

The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

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.

C.

A person is in violation of these provisions if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

D.

Improper connections in violation of these provisions must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system, upon approval of the County.

E.

Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the county requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the County.

(Ord. No. 680, § 4(203), 6-21-16).

A.

Each application for a permit required by these provisions shall be made by the property owner or the authorized agent to the county engineer on a form furnished for that purpose.

B.

Applications for permit shall include the following information where applicable:

An accurate plot plan showing the exterior boundaries of the area affected and the location of any buildings or improvements;

A description of the work to be done together with the materials to be used therefor;

A description and location of the pattern of drainage to and from the site, the location of culverts and natural watercourses and the directions of flow;

The relocation plan for any existing waterway or drainage facility proposed to be altered;

Details of any proposed drainage structures;

An erosion and sediment control plan including a time frame for implementation.

C.

Where the complexity of the project requires additional information, the following additional information may be required:

Drainage flow computations giving volume of run-off to and from the site;

Present and proposed contours for the site;

Soils information describing type, depth, erodibility and capability for establishing vegetation.

D.

Applications shall conform to land use regulations as required by Title 18 (Zoning), of the Madera County Code.

E.

No person shall be granted a site development permit for land-disturbing activity that would require the uncovering of soil without the approval of an erosion and sediment control plan by the county.

(Ord. No. 680, § 4(204), 6-21-16).

A.

Applications for permits shall be reviewed by the county engineer and by such county officials and departments as are necessary to determine that the requirements of these provisions are met and that neither the proposed work nor the effects thereof will be detrimental to the public health, safety or welfare.

B.

All permits except permits for excavation or grading on county roadways or road rights-of-way shall be issued by the county engineer. Permits for excavation or grading on county roadways or road rights-of-way shall be issued by the county road commissioner.

C.

The duration of the permit shall be stated on the face thereof. No permit shall be valid for more than two years from the date of issuance.

D.

Because of special circumstances including, but not limited to, size, shape, topography, drainage, soil type, and gradient, an applicant may be required to furnish acceptable security to ensure adequate soil stabilization and revegetation and to protect the public health, safety and welfare.

E.

The county engineer and road commissioner may require that the applicant furnish such additional information as is reasonably necessary to thoroughly review and evaluate the application. The county engineer and road commissioner may issue a permit subject to such conditions as may be reasonably necessary to carry out the purposes of these provisions.

(Ord. No. 680, § 4(205), 6-21-16).

A.

Cover and berm loose stockpiled construction materials that are not actively being used (e.g., soil, spoils, aggregate, fly-ash, stucco, hydrated lime).

B.

Store chemicals in watertight containers with appropriate secondary containment to prevent any spillage or leakage or in a completely enclosed storage shed.

C.

Minimize exposure of construction materials to precipitation. This does not include materials and equipment that are designed to be outdoors and exposed to environmental conditions (e.g., poles, equipment pads, cabinets, conductors, insulators, bricks).

(Ord. No. 680, § 4(206), 6-21-16).

A.

Sediment Control. Sediment shall be retained on the site. Sediment basins, sediment traps, or similar sediment control measures shall be installed at the time of clearing and grading operations. On sites where sediment basins are used, ensure sediment basins are designed according to the method provided in the California Stormwater Quality Association (CASQA) Construction BMP Guidance Handbook.

B.

Native vegetation shall be retained, protected and supplemented wherever possible. When vegetation must be removed, the method shall be one that will minimize the erosive effects from the removal. Exposure of soil to erosion by removing vegetation shall be limited to the area required for immediate construction operations.

C.

Grading operations shall be conducted so as to prevent damaging effects of sediment production on the site and on adjoining properties. Operations should be conducted during the period of May 1st through

November 30th as much as possible. During the period of December 1st through April 30th, more stringent controls may be required.

D.

Control of Runoff. Provisions shall be made to control the increased runoff caused by changed soil and surface conditions during and after development. To prevent excess runoff, the rate of surface water runoff shall be structurally retarded through use of sediment basins, silt traps or similar measures.

E.

Slope Construction. Cuts shall be no steeper than 1:1 and fills shall be no steeper than 1½:1 unless soil conditions indicate a different slope is necessary for stability. Erosion control measures shall be specified to provide stabilization. Slopes shall not be constructed so as to endanger or disturb adjoining property.

F.

Slope Stabilization. Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for surface runoff. Temporary mulching, seeding, or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.

G.

Structural Protection. Retaining walls shall be designed to retain steep embankments. Slope stabilization using flexible or rigid paving materials and channel lining are all acceptable methods of providing erosion and drainage control when designed according to good civil engineering practice and standards.

H.

Grading. All land within a development shall be graded to drain and dispose of surface water. Where drainage swales are used to divert water they shall be vegetated or protected with rock, paving or other approved methods to prevent erosion.

I.

Protection of Watercourses. Fills placed against watercourses shall have suitable protection against erosion during flooding. Excavated materials shall not be deposited or stored in or alongside any river or watercourse where the materials so deposited are likely to be washed away by high water or storm runoff.

J.

Disposal of Excavated Materials. Excavated materials removed shall be disposed of as follows:

Topsoil may be stockpiled on the site for use on areas to be revegetated. Stockpiles shall be located far enough from streams or drainage ways so as to ensure that surface runoff cannot carry sediment downstream;

Backfill and compact soil promptly into trenches and pits to reduce the risk of erosion;

Apply mulch or protective coverings on stockpiled material which will be exposed to rains;

Remove material from the site to an approved location.

J.

Storm Drain Protection. All storm drain inlets shall be protected with control measures during construction. These devices shall remain in place until final stabilization of the site. A regular inspection and maintenance plan shall be developed and implemented to assure these devices are operational at all times. Storm drain protection must conform to the protection alternatives pre-approved by the county.

K.

Tracking Management. Each site shall have roads, access drives and parking areas of sufficient width, length and surfacing to minimize sediment from being tracked onto public or private roadways. Any material deposited by vehicles or other construction equipment onto a public or private road shall be removed (not by flushing) before the end of each working day.

(Ord. No. 680, § 4(207), 6-21-16).

A.

Disposal of Cleared Vegetation. Vegetation removed during clearing operations shall be disposed of only as follows:

Chipping all or some of the cleared vegetation for use as mulch or compost on the site;

Burning under fire permit;

Removing the material to an approved disposal site; or

Burying the material on site except below building sites or parking areas;

B.

Contain stockpiled materials such as mulches and topsoil unless actively being used.

C.

Contain fertilizers and other landscape materials unless actively being used.

D.

Discontinue the application of any erodible landscape material within two days before a forecasted rain event or during periods of precipitation.

E.

Apply erodible landscape material at quantities and application rates according to manufacture recommendations or based on written specifications by knowledgeable and experienced field personnel.

F.

Stack erodible landscape material on pallets and cover or store such materials unless actively being used or applied.

(Ord. No. 680, § 4(208), 6-21-16).

A.

Place all equipment or vehicles, which are to be fueled, maintained and stored in a designated area fitted with appropriate BMPs.

B.

Clean leaks immediately and dispose of leaked materials properly.

(Ord. No. 680, § 4(209), 6-21-16).

Conduct an assessment and create a list of potential pollutant sources and identify any areas of the site where additional BMPs are necessary to reduce or prevent pollutants in stormwater discharges and authorized non-stormwater discharges.

(Ord. No. 680, § 4(210), 6-21-16).

A.

Disposal of Waste. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, petroleum based products, paints, toxic material, or other hazardous materials) shall be properly disposed of off-site and shall not be allowed to be carried by runoff into a receiving channel, storm sewer system, or wetland.

B.

Ensure the containment of sanitation facilities (e.g., portable toilets) to prevent discharges of pollutants to the stormwater drainage system or receiving water.

C.

Clean or replace sanitation facilities and inspect them regularly for leaks and spills.

D.

Cover waste disposal containers at the end of every business day and during a rain event.

E.

Prevent discharges from waste disposal containers to the stormwater drainage system or receiving water.

F.

Contain and securely protect stockpiled waste material from wind and rain at all times unless actively being used.

G.

Ensure the containment of concrete washout areas and other washout areas that may contain additional pollutants so there is no discharge into the underlying soil and onto the surrounding areas.

H.

Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, soil concentrators or other appropriate controls as deemed necessary. Water may not be discharged in a manner that causes erosion, sedimentation, or flooding on the site, on downstream properties, in the receiving channels, or in a wetland.

(Ord. No. 680, § 4(211), 6-21-16).

A.

The county engineer or authorized representative shall conduct such inspections as deemed necessary to ensure compliance with the approved plans and conditions of the permit. The county engineer or authorized representative shall have the right of entry upon the premises, the right of stoppage of any construction operation in violation of the permit and the right of clearing out or ordering the stoppage of any drainage facility that is deemed to be contrary to the provisions of the permit or these provisions.

B.

Inspections shall be conducted at priority construction sites upon notification to the county engineer as follows:

Prior to land disturbance (during the rainy season);

During active construction;

Following active construction.

Other inspections shall be made as required by the time schedule of operations and as determined by the inspector.

(Ord. No. 680, § 4(212), 6-21-16).

A.

No person shall violate any provision or fail to comply with any of the requirements of these provisions. Any person who has violated or continues to violate the provisions of these provisions, may be subject to the enforcement actions outlined in these provisions or may be restrained by injunction or otherwise abated in a manner provided by law.

B.

Violation of the provisions of these provisions or the terms and conditions of any permit issued under its authority is a misdemeanor punishable as provided by law. Each person violating these provisions shall be guilty of a separate offense for each and every day said violation is committed, continued or permitted by any such person.

C.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of these provisions is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated as provided in Chapter 7.20 of the Madera County Code.

(Ord. No. 680, § 4(213), 6-21-16).

Whenever any grading work is being done contrary to the provisions of these provisions, or the terms and conditions of any permit issued under these provisions, the county engineer may order the work stopped

by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop work until authorized by the county engineer to proceed with said work.

(Ord. No. 680, § 4(214), 6-21-16).

The remedies listed in these provisions are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the county to seek cumulative remedies. The county may recover all attorneys' fees, court costs and other expenses associated with enforcement of these provisions, including sampling and monitoring expenses.

(Ord. No. 680, § 4(215), 6-21-16).