Shasta County Municipal Code Div. I Title, Purpose and General Provisions

The purpose and intent of this chapter is to protect and promote the health, safety and general welfare of the county's citizens by controlling non-storm water discharges to the county's storm water conveyance system and by reducing pollutants in storm water discharges to the maximum extent practicable. This chapter is also intended to assist in the protection and enhancement of water quality of watercourses and water bodies in a manner pursuant to and consistent with the Clean Water Act (33 U.S.C. §1251 et seq.) and Porter-Cologne Water Quality Control Act, and to provide the county with the legal authority to fully implement and enforce provisions set under the National Pollutant Discharge Elimination System General Permit No. CAS000004 for Storm Water Discharges from Small Municipal Storm Sewer Systems, Water Quality Order No. 2013-0001-DWQ.

(Ord. No. 2016-03, § I, 4-26-2016)

Any term(s) defined in the Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the United States Environmental Protection Agency, as amended, and which are not specifically defined in this chapter shall, when used in this chapter, have the same meaning as set forth in said Act or regulation. The terms used in this chapter shall have the following meanings:

"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to the county storm water conveyance system or receiving waters. BMPs include but are not limited to treatment controls, structural controls, source controls, training requirements, facility management practices, and the prohibition of specific activities, practices, and procedures to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage that the county determines appropriate for the control of pollutants.

"Board of supervisors" means the board of supervisors of the county of Shasta.

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

"Construction activity" means activities including, but not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil, placement of fill materials, paving, pavement removal, demolition, exterior construction, substantial removal of vegetation where soils are disturbed including but not limited to removal by clearing or grubbing, or any activity which bares soil or rock.

"Construction general permit" means the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities administered by the State of California in accordance with applicable provisions of the Clean Water Act and the Porter-Cologne Water Quality Control Act.

"County" means the county of Shasta.

"County storm water conveyance system" means those public or natural facilities within the county which are owned, operated, maintained or controlled by the county by which storm water may be conveyed to receiving waters, including, but not limited to, any county roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, sumps, pumping stations, and storm drains.

"Development" means the construction, building or placement of any structure or portion thereof, or any activity such as excavation or grading to improve site conditions. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e., land disturbances) required to protect public health and safety.

"Discharge" means the release, threatened release, or placement of any material into the county's storm water conveyance system or receiving waters, including but not limited to storm water, non-storm water, waste water, solid materials, liquids, hazardous waste, raw materials, debris, litter, or any other substance.

"Hazardous material" 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 (California Health and Safety Code § 25117).

"Illicit connection" means either of the following:

1. Any drain or conveyance, whether on the surface or subsurface which allows an illicit discharge to enter the county's storm water conveyance system including but not limited to any conveyances which allow any non-storm water discharge to enter the county's storm water conveyance system and any connections to the county's storm water conveyance system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

2. Any drain or conveyance connected from a commercial or industrial land use to the county's storm water conveyance system which has not been documented in plans, maps, or equivalent records and approved by the county.

"Illicit discharge" means any direct or indirect non-storm water discharge to the county's storm water conveyance system or receiving waters which results in, or contributes to a violation of this chapter, a violation of the MS4 permit, or a violation of a receiving water limitation, except as exempted in Division II, Section 18.10.100 of this chapter. The term illicit discharge does not include discharges that are regulated by a NPDES permit (other than the MS4 permit).

"Industrial activity" means any activity subject to the Industrial General Permit as defined in 40 CFR, Section 122.26(b)(14).

"Industrial General Permit" means the NPDES General Permit for Storm Water Discharges Associated with Industrial Activities, issued and administered by the State of California in accordance with applicable provisions of the Clean Water Act and the Porter-Cologne Water Quality Control Act.

"Maximum extent practicable" or "MEP" means the technology-based standard established by Congress in Clean Water Act section 402(p)(3)(B)(iii) for Small MS4 storm water discharges. MEP emphasizes pollution prevention and source control BMPs primarily in combination with treatment methods. The MEP approach is an ever-evolving, flexible and advancing concept, which considers technical and economic feasibility. As knowledge about controlling urban runoff continues to evolve, so does what constitutes MEP.

"Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned by a state, county, city, town, or other public body, that is designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not a part of a publicly owned treatment works.

"MS4 permit" means the NPDES General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s), issued and administered by the State of California in accordance with applicable provisions of the Clean Water Act and the Porter-Cologne Water Quality Control Act.

"MS4 permit area" means those areas of the county, which may change from time to time in accordance with the requirements of the MS4 permit and the regional board, which are required to comply with the requirements of Section E.10, "Construction Site Storm Water Runoff Control Program," and Section E.12, "Post Construction Storm Water Management Program," of the MS4 permit. The MS4 areas shall be shown on the MS4 area map, to be created, maintained and updated, as needed, by the public works director.

"National Pollutant Discharge Elimination System" or "NPDES" means the primary permitting program under the Clean Water Act (33 U.S.C. Section 1251 et seq.) which regulates most discharges to receiving waters.

"National Pollution Discharge Elimination System permit" or "NPDES permit" means a permit issued by either the regional board or the state water resources control board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the California Water Code to control discharges to waters of the United States including, but not limited to, the Construction General Permit, Industrial General Permit and MS4 Permit.

"Non-storm water" means any surface flow, runoff, or drainage that is not entirely composed of storm water.

"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; soil, sand, or sediment; oil and other automotive fluids; non-hazardous liquid, solid wastes and yard wastes; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; biological and fecal waste; dissolved and particulate metals; 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 which unreasonably affects, or has the potential to unreasonably affect, either the waters beneficial uses or the facilities which serve these beneficial uses (California Water Code §13050).

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act and as amended (California Water Code §13000 et seq.). Under the Porter-Cologne Act, the State Water Resources Control Board has the ultimate authority over state water rights and water quality policy. Porter-Cologne also establishes nine regional water quality control boards to oversee water quality on a day-to-day basis at the local/regional level.

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

"Property owner" means any person, entity, company, and/or authorized representative having title to real property within the geographic area affected by this article.

"Public works director" means the director of the county of Shasta Public Works Department.

"Receiving water limitations" means water quality standards contained in a Statewide Water Quality Control Plan, the California Toxics Rule, or in an applicable regional water quality control board basin plan.

"Receiving waters" means natural surface bodies of water, as defined by the MS4 permit, including, but not limited to, creeks and rivers, which serve as discharge points for the county storm water conveyance system.

"Regional water quality control board" or "regional board" means the State of California Central Valley Regional Water Quality Control Board.

"Resource management director" means the director of the county of Shasta Resource Management Department.

"Storm water" means any surface flow, runoff, or drainage consisting entirely of water from storm events and/or snow melt.

"Storm water pollution prevention plan" or "SWPPP" means a document that describes the BMPs to be implemented by the owner or operator to eliminate prohibited non-storm water discharges and/or reduce to the MEP pollutant discharges to the city storm water conveyance system as required by the construction general permit and industrial general permit.

"Subject activity" means any activity, operation or facility which discharges or has the potential to discharge pollutants to the County storm water conveyance or receiving waters.

"Threatened prohibited discharge" means any condition or activity which does not currently result in a prohibited discharged but has substantial likelihood of resulting in a prohibited discharge.

"Waters of the United States" means surface watercourses and water bodies as defined in 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 storm water at and during all times and seasons.

Any term(s) defined in the Clean Water Act, as amended, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this section, shall, when used in this chapter, have the same meaning as set forth in such act or regulation.

(Ord. No. 2016-03, § I, 4-26-2016)

The provisions of this chapter are applicable to all users and potential users located within the county and all users that discharge either directly or indirectly into the county storm water conveyance system. Within the county this chapter shall also apply to storm water and non-storm water discharges made to receiving waters.

(Ord. No. 2016-03, § I, 4-26-2016)

A. The Resource management director shall administer, implement, and enforce the provisions of this chapter as they apply to non-county owned or operated facilities and activities and to discharges which originate on private property. Any powers granted or duties imposed upon the resource management director may be delegated by the resource management director to persons or entities acting in the beneficial interest or in the employ of the county.

B. The public works director shall administer, implement, and enforce the provision of this chapter as they apply to county-owned or operated facilities and activities and to discharges which originate on public property or county-owned or maintained road right of ways. Any powers granted or duties imposed upon the public works director may be delegated by the public works director to persons or entities acting in the beneficial interest or in the employ of the county.

C. Where, in this chapter, both the resource management and public works directors are listed as having authority, the applicable authority shall be decided by the responsibilities of administration defined in this section. Where only one of the two is listed, that party shall be the applicable authority.

(Ord. No. 2016-03, § I, 4-26-2016)

The provisions of this chapter are hereby declared to be severable. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this chapter.

(Ord. No. 2016-03, § I, 4-26-2016)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Water Quality Control Act, and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations. In the event of any conflict between this chapter and any federal or state law or regulation, that requirement which establishes the higher standard for public health shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order, permit, or county ordinance.

(Ord. No. 2016-03, § I, 4-26-2016)

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of storm water quality, or both.

(Ord. No. 2016-03, § I, 4-26-2016)

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not intend nor imply that compliance will ensure that there will be no unauthorized discharge of pollutants into receiving waters. This chapter shall not create liability on the part of the county, or any agent or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 2016-03, § I, 4-26-2016)