San Joaquin County Municipal Code Ch. 1 General

This chapter shall be known as the County Storm Water Management and Discharge Control Ordinance.

(Ord. 3966 § 1 (part), 1998)

This establishes uniform requirement for protection and enhancement of the water quality of waters of San Joaquin County, the State of California and the United States in a manner consistent with the Federal Clean Water Act (CWA).

This chapter is established to protect the health, safety and general welfare of San Joaquin County citizens by establishing requirements for:

(a) Operating and maintaining certain storm water systems.

(b) Eliminating non-storm water discharge to certain storm water facilities.

(c) Controlling the accidental or intentional dumping of materials other than storm water into certain storm water facilities.

(d) Reducing pollutants in storm water by establishing Best Management Practices (BMPs) and through the use of the best available technologies.

(Ord. 3966 § 1 (part), 1998)

This chapter is applicable to all lands, public and private, within the boundaries of the San Joaquin County National Pollutant Discharge Elimination System (NPDES) Permit area, which boundary is coterminous with County Service Area No. 54 (CSA 54) and all storm drainage systems which serve the lands within CSA 54, and any future areas annexed to CSA 54.

(Ord. 3966 § 1 (part), 1998)

(a) The following words, when used in this chapter, shall have the meanings as ascribed below:

(1) Act. The Federal Water Pollution Control Act, including any amendments thereto, referred to as the CWA.

(2) Approval Authority. The State of California Central Valley Regional Water Quality Control Board (Region 5) (RWQCB).

(3) Authorized Enforcement Officer. The Director of Public Works and those individuals designated by the Director to enforce the provisions of this chapter.

(4) Authorized Representative of Industrial Activity. An authorized representative of an industrial user may include, but is not limited to, the following persons:

(A) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

(B) A general partner or proprietor if the industrial user is a partnership of proprietorship, respectively; or

(C) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the discharge originates.

(5) Best Management Practices. Any program, technology, process, siting criteria, operating method, measure, device, schedule of activities, prohibition, practice (including, but not limited to, general housekeeping practices and pollution prevention practices), procedure or other management policy which controls, prevents, removes, or reduces the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include plans addressing the treatment requirements, operating procedures, design specifications, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(6) California General Construction Activities Storm Water Permit. The general permit as adopted by the California State Water Resource Control Board for the permitting of storm water discharges associated with construction activities.

(7) California General Industrial Activities Storm Water Permit. The general permit as adopted by the California State Water Resource Control Board for the permitting of storm water discharges associated with given industrial activities.

(8) Certificate of Exemption (COE). Written notification from the County certifying that a discharger has developed and implemented an effective Storm Water Pollution Prevention Plan and is exempted from sampling requirements.

(9) CFR. Code of Federal Regulations.

(10) Collection System. The combined pipes, conduits, maintenance holes, and other structures either above or underground, primarily used to convey storm water.

(11) Commercial Customer Class. Includes all land use parcels not identified in the Residential Class, Industrial Class and Institutional Class.

(12) Composite Sample. The sample resulting from a combination of individual samples taken at selected intervals based on increments of flow or time.

(13) Condition of Acceptance (COA). Written notification from the control authority indicating the conditional acceptance of an industry's or other designated facility's storm water discharge to the County storm drainage system.

(14) Control Authority. The Director of San Joaquin County or the Director's duly appointed representative.

(15) Cooling Water. The water discharged from any uses such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

(16) Co-permittees. Co-applicants on an NPDES application.

(17) County Storm Drainage System. Includes, but is not limited to, those facilities owned and operated by San Joaquin County and Reclamation District 1614 through which storm water may be conveyed to the waters of the United States, including flood control channels and roads with drainage systems, public streets, catch basins, curbs, gutters, ditches, man made channel storm drains, conduits, pumping plants, detention facilities and other appurtenances which carry, collect, pump and/or dispose of storm water, surface water, groundwater, roof runoff or other unpolluted water.

(18) Density Development Factor. The average percent impervious coverage for parcels in a given custom class.

(19) Director. The Director of Public Works of San Joaquin County.

(20) Discharge of Pollutant. (I) Any addition of any pollutant to waters of the State from any point source, or (II) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(21) Facility. Any nonresidential premises.

(22) Illicit Discharge. Any discharge to the County storm drainage system that is not composed entirely of storm water, except discharges pursuant to an NPDES Permit, and discharges expressly exempted elsewhere in this chapter.

(23) Illegal Discharge. Any act which knowingly introduces pollutants to the County Storm Drainage System.

(24) Impervious Area. The portion of a parcel which is covered by pavement or contains other hard surfaces such as concrete walkways, buildings, roofs, etc., which causes or facilitates storm water runoff.

(25) Industrial Activity. Any activity that involves manufacturing, processing, or raw materials storage areas. Further definition of activities covered is given in 40 CFR Section 122.26(b).

(26) Inspector. An authorized enforcement officer as defined above.

(27) Institutional Customer Class. Includes private/public schools, junior colleges, colleges/universities, cemeteries, hospitals (not in commercially zoned property), garden and agriculturally zoned property, and public land agencies.

(28) Level 1 Priority—Industrial Facilities. Municipal landfills, hazardous waste treatment, disposal, and recovery facilities, industrial facilities that are subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986, and industrial facilities that the municipal permit applicant determines are contributing a substantial pollutant loading to the municipal storm sewer system.

(29) National Pollution Discharge Elimination System Permit. A permit issued by the approval authority pursuant to the Act which authorizes discharges to the waters of the State from the County storm drainage system.

(30) Nonresidential Customer Class. Includes all other nonresidential classes of land use identified in the County Planning Title, further classified as commercial, industrial and institutional for storm water purposes.

(31) Non-Storm Water Discharge. Any discharge that is not entirely composed of storm water.

(32) Notice of Intent (NOI). The formal notification to the State Water Resources Control Board by the applicant that either a construction or industrial activity will occur in compliance with the conditions of the general permit and thereby commits the applicant to prepare and implement a Storm Water Pollution Prevention Plan.

(33) Outfall. The point at which the County storm drainage system discharges to the waters of the State.

(34) Person. Any natural person, corporation, or association or other entity.

(35) Point of Discharge. The point at which any private drainage, concentrated, or sheet flow enters the County storm drainage system.

(36) Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.

(37) Premises. Any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips or other surface area which is capable of contributing runoff to the County storm drainage system.

(38) Priority Industrial Facility (PIF). An industry required to file an NOI in accordance with the California General Industrial Activities Storm Water Permit.

(39) Residential Customer Class. Includes all single-family, two-family, apartments and townhouse land use parcels identified in the County Planning Title.

(40) Standard Industrial Classification. The standardized classification of all industrial users by their primary processes, products, or services as set forth in the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, in effect at the time of adoption of the ordinance codified in this division and as amended from time to time thereafter.

(41) State. The State of California.

(42) Storm Water. Storm water runoff, snow melt runoff and surface runoff and drainage.

(43) Storm Water Pollution Prevention Plan (SWPPP). The report required by the control authority of storm water dischargers, which sets forth the site map, identifies the activities that have the potential to pollute storm water which may enter the County storm drainage system and describes the proposed BMPs to be implemented by the discharger.

(44) User. Any person who contributes, causes, or permits the contribution of storm water to the County storm drainage system.

(45) Unpolluted Water. Water to which no pollutant has been intentionally or accidentally introduced so as to render such water unacceptable to the County for disposal to storm or natural drainages or directly to surface waters.

(46) User Classification. A classification of user based on the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, in effect at the time of adoption of the ordinance codified in this division and as amended from time to time thereafter.

(47) Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

(b) Any terms defined in the CWA and any Acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990, and as thereafter amended from time to time and which are not specifically defined in subsection (a) of this section shall, when used in this chapter, have the same meaning as set forth in said act or regulation.

(Ord. 3966 § 1 (part), 1998)

This chapter shall be administered by the Director of Public Works of the County of San Joaquin.

(Ord. 3966 § 1 (part), 1998)

The rules and regulations set forth in this chapter shall be construed in a manner consistent with and shall in no way be construed in such a manner so as to diminish the authority of the requirements of the Federal Water Pollution Control Act and any amendments thereto, referred to as the CWA and any amendments or supplements thereto and its applicable implementing regulations; the County NPDES Permit and any amendment, revision, or reissuance thereof; and all other provisions contained in the Ordinance Code of San Joaquin County.

(Ord. 3966 § 1 (part), 1998)