Stanislaus County Municipal Code Ch. 14.14 Stormwater Management and Discharge Control

This chapter shall be known as the Stanislaus County "Stormwater Management and Discharge Control Ordinance," and may be cited as such.

(Ord. CS 1047 §1, 2008)

A. The purpose of this chapter is to protect and promote the health, safety and general welfare of the citizens of Stanislaus County (all that portion of Stanislaus County excepting that area lying within the incorporated cities of said county, hereinafter referred to as the "County") by controlling nonstormwater discharges to the stormwater conveyance system from spills, dumping or disposal of materials other than stormwater, and by reducing pollutants in urban stormwater discharges to the maximum extent practicable.

B. This chapter is intended to assist in the protection and enhancement of the water quality of watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and any subsequent amendments thereto, by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting nonstormwater discharges into the storm drain system.

(Ord. CS 1047 §1, 2008)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. "Best management practices" or "BMPs" mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and other management practices found in the SWPPP to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States (33 CFR Section 328.3). Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material storage.

B. "Construction activity" means activities subject to the current state of California NPDES general permit for stormwater discharges associated with construction activity. These include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.

C. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-or multifamily planned unit development); industrial, commercial, retail and other nonresidential projects, including public agency projects; or grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of a facility, nor does it include emergency construction activities required to immediately protect public health and safety.

D. "Enforcement official" means the director of public works, or designee, or any agent of Stanislaus County authorized to enforce compliance with this chapter.

E. "Hazardous waste" means any material, including any substance, waste or combination thereof, that, because of its quality, 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 Section 25117).

F. "Illicit discharge" means any discharge to the stormwater conveyance system that violates this chapter, or is prohibited by federal, state or local laws, or that degrades the quality of receiving waters in violation of any plan standard.

G. "National pollution discharge elimination system (NPDES) permit" means a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to Division 7, Chapter 5.5 of the California Water Code (commencing with Section 13370), to control discharges from point sources to waters of the United States.

H. "Individual residential car washing" means the washing of vehicles on private property in which no commercial enterprise or non-profit fund-raising is being conducted in the washing of those vehicles.

I. "Nonstormwater discharge" means any discharge to the stormwater conveyance system that is not entirely composed of stormwater.

J. "Person" means any person, firm, corporation, business entity, or public agency, whether principal, agent, employee or otherwise.

K. "Pollutant" means any contaminant that can degrade the quality of the receiving water in violation of any water quality standard or NPDES permit.

L. "Public works director" means the public works director of Stanislaus County.

M. "Stormwater" means surface runoff and drainage associated with storm events, which is free of pollutants.

N. "Stormwater conveyance system" means those artificial and natural facilities within Stanislaus County, whether publicly or privately owned, by which stormwater may be conveyed to a watercourse or waters of the United States, including without limitation, any roads with drainage systems, streets, catch basins, natural and artificial channels, aqueducts, stream beds, gullies, curbs, gutters, ditches, open fields, parking lots, impervious surfaces used for parking, and natural and artificial channels or storm drains.

O. "Stormwater pollution prevention plan (SWPPP)" means a document that describes the best management practices to be implemented by the owner or operator of a business, commercial development, residential development, or construction project, to eliminate nonstormwater discharges and/or to reduce, to the maximum extent practicable (as defined by the State of California Regional Water Quality Control Board), pollutant discharges to the stormwater conveyance system.

P. "Surface water" means all water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc.) and all springs, wells, or other collectors directly influenced by surface water.

Q. "Watercourse" means any natural stream, whether flowing continuously or not, that is fed from permanent or natural sources, and includes, without limitation, rivers, creeks, runs and rivulets.

R. Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater 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.

S. "MS4" means Stanislaus County's municipal separate storm sewer system.

(Ord. CS 1047 §1, 2008; Ord. CS 1165 §1, 2015)

A. In the event of any conflict between this chapter and any federal or state law, regulation, order or permit, the requirement that establishes the higher standard for public health or safety shall govern.

B. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. CS 1047 §1, 2008)

A. Except as provided in Section 14.14.060, it is unlawful for any person to make or cause to be made any nonstormwater discharge.

B. Notwithstanding the exemptions provided by Section 14.14.060, if the Regional Water Quality Control Board or the enforcement official determines that any otherwise exempt discharge causes or significantly contributes to violations of any stormwater permit, or conveys significant quantities of pollutants to a surface water or stormwater conveyance, or is a danger to public health or safety, such discharge shall be prohibited from entering the stormwater conveyance system.

(Ord. CS 1047 §1, 2008)

Subject to the authority granted by the Regional Water Quality Control Board and the enforcement official in Section 14.14.050, the following discharges to the stormwater conveyance system are exempt from the prohibition set forth in Section 14.14.050.

A. Any discharge or connections regulated under a NPDES permit issued to the discharger and administered by the state to Division 7, Chapter 5.5 of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and all other applicable laws and regulations;

B. Discharges from the following activities, which do not cause or contribute to the violation of any NPDES permit:

1. Water line flushing and other discharges from potable water sources,

2. Incidental runoff from landscaped areas defined as unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use,

3. Rising ground waters or springs,

4. Passive foundation and footing drains,

5. Water from crawl space pumps and basement pumps,

6. Air conditioning condensation,

7. Natural flows from riparian habitats and wetlands,

8. Flows from fire suppression activities, including fire hydrant flows,

9. Waters not otherwise containing wastes as defined in California Water Code Section 13050(d) and California Health and Safety Code Section 25117,

10. Diverted stream flows,

11. Uncontaminated ground water infiltration or pumped to separate storm sewers,

12. Any discharge that the enforcement official, the local health officer or the Regional Water Quality Control Board determines, in writing, is necessary for the protection of the public health and safety,

13. Any discharge caused by flooding or other natural disaster, which could not have been reasonably foreseen or mitigated for in advance by the discharger, as determined by the enforcement official,

14. Individual residential car washing on private property in which no commercial enterprise or non-profit fund raising is being conducted in the washing of those vehicles.

(Ord. CS 1047 §1, 2008; Ord. CS 1165 §2, 2015)

It is unlawful for any person to cause, either individually or jointly, any discharge to the stormwater conveyance system that results in or contributes to a violation of this chapter and the county NPDES permit.

(Ord. CS 1047 §1, 2008)

Prohibition of Illicit Connections.

1. The construction, use, maintenance or continued existence of illicit connections to the stormwater conveyance system is prohibited.

2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

3. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a stormwater conveyance system, or allows such a connection to continue.

(Ord. CS 1047 §1, 2008)

It is unlawful and a violation of this chapter for any person to cause, permit, aide, abet, or conceal a violation of any provision of this chapter.

(Ord. CS 1047 §1, 2008)

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater that causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and/or Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), and may be subject to the sanctions of those acts, including civil and criminal penalties.

(Ord. CS 1047 §1, 2008)

Any person engaged in activities that may result in pollutants entering the stormwater conveyance system shall, to the maximum extent practicable, undertake the measures set forth below to reduce the risk of non-stormwater discharge and/or pollutant discharge.

A. Business-Related Activities.

1. Stormwater Pollution Prevention Plan (SWPPP). The enforcement official may require any business in the county engaged in activities that may result in pollutant discharges to develop and implement a SWPPP, which shall include an employee training program. An employee training program is a documented employee training program that may be required to be implemented by a business pursuant to a SWPPP for the purpose of educating its employees on methods of reducing discharge of pollutants to the stormwater conveyance system. Business activities that may require a SWPPP include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures carried out partially or wholly out of doors.

2. Coordination with hazardous materials release response plans and inventory. Any business requiring a hazardous materials release response and inventory plan, under Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharges and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

3. Coordination with hazardous waste generator contingency plan and emergency procedures. Any business requiring a hazardous waste generator contingency plan and emergency procedures, pursuant to California Code of Regulations, Title 22, Sections 66265.51 to 66265.56, shall include in that plan provisions for compliance with this chapter, including the provisions prohibiting non-stormwater discharge and illegal discharges, and requiring the release of pollutants to be reduced to the maximum extent practicable.

B. Construction.

1. Any person performing construction activities in the county shall prevent pollutants from entering the stormwater conveyance system and comply with all applicable federal, state and local laws, ordinances or regulations, including, but not limited to, the current state of California NPDES general permit for stormwater discharges associated with construction activity (CGP) and the county stormwater management and discharge control ordinance. All construction projects, regardless of size, having soil disturbance or activities exposed to stormwater must, at a minimum, implement BMPs for erosion and sediment controls, dewatering, source controls, pollution prevention and prohibited discharges.

2. Any person subject to the CGP shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement plan, upon inspection of the facility, during any enforcement proceeding or action, or for any other reasonable cause. Prior to issuance of a construction permit or approval of the proposed improvement plans, for projects subject to the CGP, a copy of the waste discharge identification number (WDID) and the SWPPP shall be submitted to the county. For projects with less than an acre of soil disturbance or not subject to the CGP, an erosion and sediment control plan must be submitted to the county.

3. The county will set stormwater compliance inspection frequencies at construction sites based upon the project's threat to water quality. Project threat to water quality includes soil erosion potential, site slope, project size and type, sensitivity of receiving water bodies, proximity to receiving water bodies, non-stormwater discharges, projects more than one acre that are not subject to the CGP (sites that have obtained an Erosivity Waiver from the CGP) and any past record of non-compliance by the operator of the construction site. The county will use the following categories, which correlate with the CGP, to assess threat to water quality: Not subject to CGP; Erosivity Waiver; Risk Level 1/LUP Type 1; Risk Level 2/LUP Type 2; and Risk Level 3/LUP Type 3. Since LUP projects can have multiple risk types, the county will use the highest risk type for a specific LUP project to assess threat to water quality. If a project has been issued two consecutive notices of violation or does not correct a previously issued notice of violation by the due date set by the inspection, the project's threat to water quality will be elevated to the next highest risk category. Inspection frequencies will be as follows:

a. Projects not subject to the CGP or that have obtained an erosivity waiver will have a presoil disturbance inspection and a project completion inspection.

b. Projects that are a Risk Level 1/LUP Type 1 or Risk Level 2/LUP Type 2 will have a presoil disturbance inspection, monthly inspections and a project completion inspection.

c. Projects that are a Risk Level 3/LUP Type 3 will have a pre-soil disturbance inspection, bi-monthly (twice per month) inspections and a project completion inspection.

C. Development. The enforcement official may require controls as appropriate to minimize the long-term, post-construction activity discharge of stormwater pollutants from new development(s) or modifications to existing development(s). Controls may include source control measures to prevent pollution of stormwater and treatment controls designed to remove pollutants from stormwater, low impact development measures, and/or hydromodification measures to offset the difference between the pre-and post-construction peak flow runoff rates and volumes. Proponents of all applicable development and redevelopment projects must meet the requirements and follow the design standards specified in the current state of California Phase II MS4 NPDES permit.

D. Compliance with the current state of California NPDES general permit for discharges of stormwater associated with industrial activities (IGP) or the current general permit for stormwater discharges associated with construction activity (CGP).

1. Any person subject to the IGP shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

2. Any person subject to the CGP shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the enforcement official prior to or as a condition of a subdivision map, site plan, building permit, and development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

E. Compliance with Best Management Practices (BMPs). Every person or entity, including the above listed categories, undertaking any activity or use of premises that may cause or contribute to stormwater pollution or contamination or illicit discharges shall comply with BMPs consistent with the California Stormwater Quality Association (CASQA) Best Management Practices Handbooks or equivalent guidelines.

(Ord. CS 1047 §1, 2008; Ord. CS 1165 §3, 2015)

Any person owning or occupying a premises, who has knowledge of any release of pollutants or nonstormwater discharge from or across those premises that might enter the stormwater conveyance system, other than a release or discharge that is permitted by this chapter, shall immediately take all reasonable action to contain and abate the release of pollutants or nonstormwater discharge, and shall notify the enforcement official at Stanislaus County within twenty-four hours of the release of pollutants or nonstormwater discharge.

(Ord. CS 1047 §1, 2008)

A. Right of Entry.

1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition constituting a violation of this chapter, the enforcement official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter.

2. Any request for entry shall state that the property owner or occupant has the right to refuse entry, and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction.

3. In the event the owner or occupant refuses entry after such request has been made, the enforcement official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

B. Sampling Authority. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illegal discharge, nonstormwater discharge to the stormwater conveyance system, or similar factors.

C. Sampling Methods.

1. During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this chapter.

2. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples.

D. Monitoring, Analysis and Reporting Authority.

1. The enforcement official may require monitoring, analysis and reporting of discharges from any premises to the stormwater conveyance system.

2. Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested.

(Ord. CS 1047 §1, 2008)

A. General Enforcement Authority.

1. Except as otherwise provided herein, the director of public works shall administer, implement and enforce the provisions of this chapter (Title 1, Section 1.24.040).

2. The director of public works may delegate any powers granted to or duties imposed upon the director of public works to other Stanislaus County personnel.

B. Violations Deemed a Public Nuisance.

1. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety or welfare, and is thus deemed a nuisance.

2. Any such nuisance may be abated as provided herein.

C. Administrative Enforcement Powers. The enforcement official may also exercise any of the following supplemental enforcement powers as may be necessary or advisable in the enforcement official's judgment under the circumstances.

1. Notice and Order to Abate.

a. Whenever the enforcement official finds that a discharge has taken place, or is likely to take place, in violation of this chapter, or order issued hereunder, the enforcement official may serve a written notice and order to abate upon the property owner and the person responsible for the discharge, by personal service or by registered or certified mail.

b. Within thirty days of the receipt of this notice, or shorter period as may be prescribed in the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the enforcement official.

c. Submission of this plan shall in no way relieve the person of liabilities for violations occurring before or after receipt of the notice and order to abate.

d. Failure to comply with the terms and conditions of a notice and order to abate shall constitute a violation of this chapter. If a person fails to comply with the notice and order to abate, the director of public works may perform, or cause to be performed, such work as shall be necessary to correct the violation. The costs of any such abatement shall be borne by the property owner, and shall be collectable in accordance with the provisions of subsection (C)(6).

2. Contents of Notice.

a. The street address and/or a legal description sufficient for identification of the property where the violation exists and the address of the person responsible for or committing the act that constitutes a violation of this chapter.

b. A brief and concise description of the violation or use of the property or act that constitutes a violation of this chapter.

c. A description of the activities, practices and/or abatement methods to be performed to correct the violation.

d. The date by which the violation must be corrected, which shall be a reasonable period of time.

3. Administrative Citation.

a. If the owner, or person responsible for the violation, fails to correct the violation within the time specified in the notice and order to abate, the director of public works or designee, may cause an administrative citation imposing an administrative fine or penalty to be issued to the owner of the property (California Government Code Section 53069.4).

b. Any citation issued shall:

i. Identify the date, time and circumstances of the violation;

ii. State the amount of the administrative fine or penalty to be imposed;

iii. Advise the person of their appeal rights as provided herein.

c. The citation shall be served in the same manner as the notice of order to abate. The amount of the administrative fine imposed shall be set by the director of public works or designee; provided, however, where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 1.36.020. In determining the amount of civil penalty to be assessed, consideration will be given to the following:

i. The extent to which the owner or person responsible for the violation had knowledge or reasonably should have known that the action taken was a violation of this chapter;

ii. The magnitude of the violation;

iii. The extent to which the owner or person responsible for the violation derived a financial benefit from the violation;

iv. Any prior history of related violations by the same person on the subject property or on other parcels within the county; and

v. Any corrective action, or lack thereof, taken by the owner or person responsible to eliminate the violations, and any other mitigating circumstances justifying a reduction of the amount of the penalties.

d. Any person receiving a citation may request an appeal as provided herein.

e. Notwithstanding Chapter 2.88 of the Stanislaus County Code or Section 1094.5 or 1094.6 of the Code of Civil Procedure, within twenty days after the date action is taken by the board of supervisors on the decision of the director of public works, a person contesting that final administrative decision may seek review by filing an appeal in the Stanislaus County municipal court pursuant to subdivision (b) of Section 53069.4 of the Government Code. If no notice of appeal to the municipal court is filed within the period set forth in this section, the order or decision of the county shall be deemed confirmed.

f. If the owner of the property fails to pay the administrative fine or penalty imposed under this section upon demand by the county, the administrative fine or penalty shall be specially assessed against the parcel. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. A notice of abatement lien shall be recorded and shall become a lien on the property pursuant to the provisions of California Government Code Section 25845. The director of public works is authorized to prepare and record a notice of release of lien against the legal title of the subject property(ies), if the administrative fine or penalty is paid in full.

4. Emergency Orders and Abatements.

a. The enforcement official may order the immediate abatement of any discharge from any source to the stormwater conveyance system when, in the opinion of the enforcement official, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Abatement and cleanup of spills, illicit discharges or dumping to the storm drainage system must occur within seventy-two hours of notification, or sooner for high risk spills or discharges. For areas of uncontrolled pollutant sources, abatement must be performed within thirty days of notification.

b. In emergency situations, where the property owner or other responsible party is unavailable and time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, welfare or environment, or a violation of a NPDES permit, the county may perform or cause to be performed such work as shall be necessary to abate the threat or danger, or permit violation.

c. The costs of any such abatement shall be borne by the property owner, and shall be collectable in accordance with the provisions of subsection (C)(6).

d. The enforcement official may order the immediate cessation of any activities that cause an illicit discharge or cause or potentially cause uncontrolled pollutants to enter the stormwater conveyance system when, in the opinion of the enforcement official, the activities present an imminent danger to the public health, safety, welfare or environment, or a violation of a NPDES permit. Activities may not resume until the enforcement official has verified that the threat to the environment and the county's MS4 has been abated.

5. Appeal.

a. Any person served with a notice and order to abate, or administrative citation, or required to perform monitoring, analyses, reporting and/or corrective activities by an authorized enforcement official, or disputing the costs of enforcement, or otherwise grieved by the decision of the authorized enforcement official, may file a written appeal with the public works director within ten days following the effective date of the notice and order, administrative citation, the enforcement official's decision or the delivery of an invoice for enforcement costs.

b. Upon receipt of the written appeal, the director of public works shall request a report and recommendation from the authorized enforcement official, and shall set the matter for hearing at the earliest practical date.

c. Due notice of the hearing shall be provided to the person appealing.

d. At the hearing, the director of public works may hear additional evidence, and may reject, affirm or modify the authorized enforcement official's decision, or the costs of enforcement.

e. Upon conclusion of the hearing, the director of public works shall serve written notice of his or her decision in the manner provided for service of a notice and order to abate herein. The director of public works shall present the decision to the board of supervisors, and the board may adopt such decision, with or without modification, without further notice of hearing.

f. If all parties involved (at a minimum, the discharger and the county enforcement official) agree that clean-up activities cannot be completed within the original timeframe, a new timeframe may be set as long as notification is made by the county to the Regional Water Quality Control Board in writing, within five business days of the determination that the timeframe requires revision.

6. Enforcement Costs Recovery.

a. The cost of enforcement, abatement and restoration shall be borne by the owner of the property, and the costs therefor shall be invoiced to the owner of the property. Costs recoverable herein include all costs of abatement incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement (California Government Code Section 25845).

b. If the owner of the property fails to pay the costs upon demand by the county, the board of supervisors may order the costs to be specially assessed against the parcel. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. The board of supervisors may also authorize a notice of abatement lien to be recorded. The costs shall become a lien on the property pursuant to the provisions of California Government Code Section 25845. The director of public works is authorized to prepare and record a notice of release of lien against the legal title of the subject property(ies), if the county is fully compensated for the amount of the lien placed upon the property (California Government Code Section 25845).

7. Mitigation. The enforcement official shall have authority to order the mitigation of circumstances that may result in or contribute to illegal discharges.

8. Stormwater Pollution Prevention Plan (SWPPP). The enforcement official shall have the authority to establish elements of a stormwater pollution prevention plan, and to require any business to adopt and implement such a plan, as may be reasonably necessary to fulfill the purposes of this chapter.

9. Best Management Practices (BMPs). The enforcement official may establish the requirements of best management practices for any premises.

10. Seasonal and Recurrent Nuisance.

a. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the enforcement official shall so declare.

b. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

D. Civil Action.

1. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the county.

2. Moneys recovered under this section shall be paid to Stanislaus County to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

3. In any such action, the county may seek, as appropriate, any or all of the following remedies:

a. A temporary and/or permanent injunction;

b. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this division;

c. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;

d. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life;

e. Referral of the discharger to the State Water Board;

f. Referral of the discharger to the District Attorney for criminal prosecution.

(Ord. CS 1047 §1, 2008; Ord. CS 1119 §1, 2012; Ord. CS 1165 §4, 2015)

A. It is unlawful for any person to violate any provision of this chapter or to fail to comply with any of its requirements.

B. Any person violating any provision of this chapter shall be guilty of a misdemeanor, unless such violation is declared by the director of public works or the district attorney to be an infraction.

C. If any violation is continued, each day's violation shall be deemed a separate violation.

(Ord. CS 1047 §1, 2008; Ord. CS 1119 §2, 2012)

Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal.

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. CS 1047 §1, 2008)

A. 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.

B. The standards set forth herein are minimum standards, and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States.

C. This chapter shall not create liability on the part of the county, or any officer or employee thereof, for any damages that result from reliance on the code or any administrative decision lawfully made thereunder.

(Ord. CS 1047 §1, 2008)

The enforcement official is authorized to make any decision on behalf of the county required or called for by this chapter.

(Ord. CS 1047 §1, 2008)

The provisions of California Code of Civil Procedures Sections 1094.5 and 1094.6 are applicable to judicial review of Stanislaus County decisions pursuant to this chapter.

(Ord. CS 1047 §1, 2008)