Monterey County Municipal Code Ch. 15.22 Discharge of Contaminants into Waters of the County

The Board of Supervisors finds that there are insufficient Federal and State statutes to adequately protect, preserve, and enhance the unique and beautiful coastline of Monterey County and the significant resources in the ocean waters within the boundaries of Monterey County that require protection from contamination such as commercial fishing, recreational fishing, human contact sports, swimming, scuba diving, surfing, tourism, marine habitat, rare and endangered species, domestic water supplies, sea otter refuge, marine research, aquaculture esturine habitat, shellfish growing, recreational boating, and areas of special biological significance, all of which require protection from contamination.

The Board of Supervisors further finds that because of the ecological relationship between the ocean waters within the boundaries of Monterey County and the lands and people within the rest of Monterey County, there must be local regulations for the:

1. Protection of public health by preventing contamination of domestic water supplies and water use for human contact recreation as well as contamination of fish and shellfish consumed by the public.

2. Protection of economic stability and for economic development rights.

3. Protection of significant resources, public health and economic stability resulting from contaminants being brought into the area by currents and tidal movements.

(Ord. 3382, 1989)

For the purpose of this Chapter, the following words and phrases shall have the meanings respectfully ascribed to them by this Section:

A. Waters of the County. Any waters, surface or underground, including saline waters, within the boundaries of or abutting the County of Monterey.

B. Contaminant. Any physical, chemical, biological, or radiological substance or matter in water, including but not limited to toxic and hazardous chemicals, selenium, pesticides, nutrients, sediments, heavy metals, and trace elements from agricultural drainage water, sewage, and any other waste water in sufficient quantities that will be detrimental to the present and future beneficial users.

C. Contamination. Any impairment of the quality of the waters of the County by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" shall include any equivalent effect resulting from the disposal of waster, whether or not waters of the County are affected.

D. Pollution. Any alteration of the quality of the waters of the County to a degree which unreasonably affects such waters for beneficial uses, or facilities which serve such beneficial uses. Pollution may include contamination.

E. Person. Includes an individual, firm, association, partnership, corporation, and public entity.

(Ord. 3382, 1989)

A. It shall be unlawful for any new pipes or conduits to carry discharges into the waters of the County which contain any contaminant or cause any contamination or pollution.

B. It shall be unlawful to discharge into the waters of the County any contaminant or cause any contamination or pollution.

C. It shall be unlawful to place or cause to be placed any pipes or conduits that are to carry contaminants into the waters of the County.

(Ord. 3382, 1989)

This Chapter shall not apply to discharges from any pipes or conduits which are in place in the waters of the County, that are in operation on or before the effective date of this Chapter, where such pipes or conduits have on the effective date of this Chapter current authorization from any government entity to discharge contaminants as described in this Chapter provided such discharges are in conformance with all applicable water quality standards and waste discharge standards imposed by law. Further, the provisions of this Chapter shall not apply to the replacement, repair, or maintenance of existing discharge facilities.

(Ord. 3382, 1989)

The provisions of this Chapter shall not apply to any existing and future aquaculture facility.

(Ord. 3382, 1989)

If any part of this Chapter is held to be unconstitutional, such portion is hereby declared to be severable from the remainder of the chapter and the Board of Supervisors hereby declares that it would have enacted such remaining portions without the unconstitutional portion.

(Ord. 3382, 1989)

The Monterey County Director of Health and his or her authorized deputies and assistants shall administer and enforce the provisions of this Chapter.

(Ord. 3382, 1989)

In addition to such penalties, punishments, or remedies provided in Chapter 1.20 of this Code, any person who violates any of the provisions of this Chapter shall be liable to the County for civil penalties in the amount of five thousand dollars ($5,000.00) per day the violation occurs or is allowed to exist, or in such other amount as the Board of Supervisors may establish by resolution.

(Ord. 3659 § 13, 1993)

Upon a continuation of a public nuisance under this Chapter after notice from the County to cease the nuisance, any person who violates this Chapter shall be liable for a civil penalty not to exceed five thousand dollars ($5,000.00) per day, for as long as such violation continues, to be imposed by a court of competent jurisdiction. In determining the exact amount of civil penalty, the court shall consider the nature, circumstance, extent and gravity of the violation, whether the discharge is susceptible to cleanup or abatement, and with respect to the violator, the effect on ability to continue in business, the ability to pay, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require.

(Ord. 3382, 1989)