San Luis Obispo County Municipal Code Art. I Title, Purpose and General Provisions

The ordinance codified in this chapter shall be known as the "County of San Luis Obispo Stormwater Pollution Prevention and Discharge Control Ordinance" and may be so cited.

(Ord. 3143 § 1 (part), 2008)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of the citizens of San Luis Obispo County by protecting and enhancing the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Clean Water Act (33 U.S.C. Section 1251 et seq.) by:

(1) Controlling non-stormwater discharges to the municipal separate storm drain system;

(2) Reducing pollutants in stormwater discharges to the maximum extent practicable; and

(3) Protecting urban watercourses from pollution.

(Ord. 3143 § 1 (part), 2008)

The terms used in this chapter shall have the following meanings:

"Best management practices" means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and natural watercourses. Best management practices 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; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures determined to be appropriate for the control of pollutants.

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

"County" means the County of San Luis Obispo.

"Illicit connection" means any drain or conveyance, whether on the surface or subsurface, which has not been documented in permits, plans, maps, or equivalent records, approved by the county, and which allows an illicit discharge to enter the storm drain system.

"Illicit discharge" means any non-permitted discharge to the county storm drain system that is not composed entirely of stormwater.

"Industrial activity" means activities subject to National Pollutant Discharge Elimination System industrial permits as defined in 40 CFR, Section 122.26(b)(14).

"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 pursuant to the Clean Water Act.

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

"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 liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, 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 (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

"Pollution" means the human-made or human-induced 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 (California Water Code Section 13050).

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act and as amended (California Water Code Section 13000 et seq.).

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

"Storm drain system" means and includes those facilities owned or operated by the county by which stormwater may be conveyed to waters of the state or waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains, which are not part of a publicly-owned treatment works as defined at 40 CFR Section 122.2.

"Stormwater" means any surface flow, runoff, and drainage consisting entirely of water from rain or snow storm events.

"Waters of the state" means any surface water or groundwater, including saline waters, within the boundaries of the State of California (California Water Code Section 13050(e)).

"Waters of the United States" means surface watercourses and water bodies as defined at 40 CFR Section 122.2 including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.

(Ord. 3143 § 1 (part), 2008)

This chapter shall be jointly administered for the county by the director of planning and building, the director of public works and transportation, and the health agency director.

(Ord. 3143 § 1 (part), 2008)

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS000004 and any amendment, revision, or reissuance thereof.

(Ord. 3143 § 1 (part), 2008)

If any portion of the ordinance codified in this chapter is declared invalid, the remaining portions of such ordinance are to be considered valid.

(Ord. 3143 § 1 (part), 2008)

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 United States or waters of the state caused by said 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 article or any administrative decision lawfully made hereunder.

(Ord. 3143 § 1 (part), 2008)