San Luis Obispo County Municipal Code Ch. 8.66 Discharge of Contaminants into Ocean 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 San Luis Obispo County and the significant resources in the ocean waters within the boundaries of the county 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 estuarine 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 the county and the lands and people within the rest of the 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. 2397 § 1 (part), 1989)

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

"Contaminant" means 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.

"Contamination" means 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.

"Ocean waters of the county" means any ocean waters within the boundaries of or abutting the county.

"Person" includes an individual, firm, association, partnership, corporation, and public entity.

"Pollution" means 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.

(Ord. 2397 § 1 (part), 1989)

It shall be unlawful for any new pipes or conduits to carry discharges into the ocean waters of the county which contain any contaminant or cause any contamination or pollution that would be detrimental to the present and future beneficial waters.

(Ord. 2397 § 1 (part), 1989)

It shall be unlawful to discharge any contaminants into the ocean waters of the county which contain any contaminant or cause any contamination or pollution that would be detrimental to the present and future beneficial users.

(Ord. 2397 § 1 (part), 1989)

It shall be unlawful to place or cause to be placed any pipes or conduits which are to carry contaminants into the ocean waters of the county that would be detrimental to the present and future beneficial users.

(Ord. 2397 § 1 (part), 1989)

This chapter shall not apply to discharges from any pipes or conduit which are in place in the waters of the county, which are in operation on or before the effective date of this chapter, where such pipes or conduit 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. 2397 § 1 (part), 1989)

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

(Ord. 2397 § 1 (part), 1989)

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

(Ord. 2397 § 1 (part), 1989)

The county director of health and his authorized deputies and assistants shall administer and enforce the provisions of this chapter.

(Ord. 2397 § 1 (part), 1989)

Any violation of any of the provisions of this chapter shall constitute a public nuisance and a hazard to the public health.

(Ord. 2397 § 1 (part), 1989)

Upon a continuation of a nuisance under this chapter after notice from the county to abate such nuisance, any person who creates or maintains a public nuisance in violation of this chapter shall be liable for the costs of abatement which shall include, but not be limited to:

(1) Costs of investigation;

(2) Costs of labor, materials, and equipment;

(3) Court costs;

(4) Attorney fees;

(5) Costs of monitoring compliance.

(Ord. 2397 § 1 (part), 1989)

Any person, whether as a principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the County Jail for a term not exceeding six months, or by both fine and imprisonment. Such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person.

Any violation of this chapter can result in civil penalties equivalent to the cost of the enforcement, the abatement, and the liquidated damages to the county in the amount of five thousand dollars per day.

(Ord. 2397 § 1 (part), 1989)

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 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. 2397 § 1 (part), 1989)

The remedies available to the county to enforce this chapter are in addition to any other remedies available under ordinance, the San Luis Obispo County Code, or statute, and do not replace or supplant any other remedy but are cumulative thereto.

(Ord. 2397 § 1 (part), 1989)