Sutter County Municipal Code Ch. 1790 Stormwater Management and Discharge Control

Unless the context specifically indicates otherwise, the meanings and terms used in this Chapter shall be as stated in Chapter 1701 of this code.

(a) The Federal Clean Water Act, 33 U.S.C. § 1251 et seq., provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (NPDES) requirements to stormwater and urban runoff discharge into the County storm drain system.

(b) The State Water Resources Control Board ("State Board") is the state water pollution control agency for all purposes of the Clean Water Act pursuant to Section 13160 of the California Water Code. The State Board is authorized by the United States Environmental Protection Agency (USEPA) to administer the NPDES program within the State. The Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.) provides authority for the State NPDES program, including provisions to issue NPDES Permits and waste discharge requirements to regulate discharges of stormwater to waters of the State.

(c) Due to amendments to the Clean Water Act, the USEPA developed a Phase I and a Phase II program requiring municipalities to develop and implement stormwater pollution management programs. Smaller municipalities and contiguous areas with small, but still urban, communities come under the Phase II regulations of the State Board's General Permit for Discharges of Storm Water from Small Municipal Separate Storm Sewer Systems (hereafter called the "Small MS4 General Permit" where MS4 stands for Municipal Separate Storm Sewer System). Sutter County is subject to the Phase II regulations, which requires the submittal of a Notice of Intent (NOI) to seek coverage under the "Small MS4 General Permit."

(d) Sutter County and Yuba City are jointly permitted under the Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2003-0005-DWQ), which also serves as a National Pollutant Discharge Elimination System Permit (No. CAS000004) under the Federal Clean Water Act. Under the provisions of this permit, the County is required to possess the necessary legal authority and implement appropriate procedures, to regulate the entry of pollutants and non-stormwater discharges into the County stormwater conveyance system.

(e) The County's Stormwater Management Program, adopted by the County on December 7, 2004, requires the County to effectively prohibit non-stormwater discharges from the unincorporated area of the County into the County storm drain system except as otherwise permitted by law.

(f) The Board finds in this regard that the provisions of this Chapter are necessary to provide the County with the legal authority necessary to implement and otherwise comply with the requirements of the Stormwater Management Program and to protect the waters of the State for the benefit of its people and the environment.

The purpose and intent of this Chapter is to protect and enhance the water quality of watercourses and water bodies within the urban portions of the unincorporated areas of the County in a manner consistent with the Clean Water Act, the Porter-Cologne Water Quality Control Act, and the County Stormwater Management Program, by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-stormwater discharges from entering the storm drain system.

This Chapter shall apply to all urbanized areas covered under the General Permit for the Discharge of Storm Water from Small MS4s (WQ Order No. 2003-0005-DWQ) which provides permit coverage for smaller municipalities. For Sutter County, these urbanized areas are comprised of lands within the sphere of influence for the City of Yuba City.

This Chapter shall also apply to construction activities subject to the current State of California—General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities issued by the State Water Resources Control Board; the pollutant control provisions of a County-issued Building Permit; or any other instrument of the County that establishes pollutant control provisions for construction sites.

Any person performing construction activities in the County shall prevent pollutants from entering the storm water conveyance system and comply with all applicable federal, state and local laws. Any construction activity subject to the current State of California—General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to, or as a condition of, a subdivision map, site plan, building permit, grading permit, or development or improvement agreement, 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, a copy of the Notice of intent (NJOI) and the SWPPP shall be submitted to the County.

Except as provided in Section 1790-070, it shall be unlawful for any person to make or cause to be made an illicit discharge of any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater into the County storm drain system, natural surface waters, or watercourses.

The following non-stormwater discharges to the County storm drain system or natural surface waters are conditionally allowed except as noted in Section 1790-080:

(a) Any discharge regulated under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency or under State authority, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the County of Sutter for any discharge to the storm drain system.

(b) The discharge of water containing pollutants that has been reduced to the maximum extent practicable by the application of best management practices or other management measures set forth in the County's Stormwater Management Program.

(c) A discharge from any of the following activities, unless the Director determines the discharge causes or significantly contributes to violations of the Clean Water Act, Porter-Cologne Act, or this Chapter, or conveys significant quantities or concentrations of pollutants to the County storm drain system, natural surface waters, or watercourses:

(1) Water line flushing;

(2) Landscape irrigation;

(3) Diverted stream flows;

(4) Rising groundwater;

(5) Uncontaminated ground water infiltration [as defined in 40 CFR 35.2005 (20)];

(6) Uncontaminated pumped ground water;

(7) Discharges from potable water sources;

(8) Foundation drains;

(9) Air conditioning condensate;

(10) Irrigation water;

(11) Water from natural springs;

(12) Water from crawl space pumps;

(13) Footing drains;

(14) Lawn watering;

(15) Individual residential car washing;

(16) Flows from riparian habitats and wetlands;

(17) De-chlorinated swimming pool discharges; or

(18) Discharges of flows from emergency fire fighting activities.

(d) Any discharges that the Director or the Regional Water Quality Control Board determines in writing are necessary for the protection of public health and safety.

(e) With written concurrence of the Regional Board, the Director may exempt in writing additional categories of non-stormwater discharges determined not to be sources of pollutants to the County of Sutter storm drain system or natural surface waters.

Notwithstanding the conditionally allowed discharges provided for in Section 1790-070, if the Regional Board or the Director determines that a discharge which is otherwise allowed causes or significantly contributes to the violation of any Receiving Water Limitation or results in the conveyance of significant quantities or concentrations of pollutants into the County storm drain system or to natural surface waters, or is otherwise a danger to public health or safety, the Director may give written notice to the discharger that the exception shall not apply to the discharge at issue following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of such 30-day period, any such discharge shall be unlawful. Upon finding that any discharge poses an immediate significant threat to the environment or to public health and safety, the Director may waive the 30-day waiting period and require immediate cessation of the discharge.

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice of the Director's determination as to the existence of a threatened prohibited discharge.

(a) It shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal or abatement by the County.

(b) The prohibition set forth in subsection (a) above shall apply to illicit connections in existence at the time this Chapter becomes effective. Upon the effective date of this Chapter, any person who maintains an illicit connection shall have 30 days to disconnect and discontinue use of such connection or secure approval of such connection. Notwithstanding the provisions of this Section, any person who maintains an illicit connection may apply to the County for a permit to continue the connection subject to applicable County Standards. The submission of a permit application is not a substitute for compliance with the provisions of this Chapter and any applicable requirements of state or federal law, and the County, irrespective of whether a permit application has been submitted, may enforce this Chapter. No permit shall be issued for any connection or any physical facility or apparatus that is installed, intended, serves, or is known to convey a prohibited illicit discharge to the County storm drain system, natural surface waters, or watercourses in violation of this Chapter or any provision of state or federal law.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the County storm drain system, natural surface waters, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for purposes of municipal waste collection are exempted from this prohibition.

Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(a) The Director is authorized to designate as subject activities any activities, operations, or facilities identified as sources or potential sources of pollutant discharges to the County storm drain system, natural surface waters, or watercourses. A subject activity may occur at a stationary facility or it may occur as a mobile activity that takes place at various job sites.

(b) All persons engaged in subject activities that may result in pollutants entering the County storm drain system, natural surface waters, or watercourses shall implement Best Management Practices (BMPs), to the maximum extent practicable, to prevent and/or reduce such pollutants from entering non-stormwater discharges and/or stormwater discharges in accordance with Section 1790-160, Best Management Practices.

(c) All BMPs shall be protected, inspected, and maintained to ensure continuous and fully effective performance as designed. A maintenance and inspection schedule for both dry and wet season BMPs shall be in writing and a record shall be kept with dates, the BMP inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreman. This record shall be made available to the Director upon request.

(d) Every person owning or occupying property adjacent to or through which a watercourse passes, shall keep and maintain that part of the watercourse within said property reasonably free of trash, debris, and other materials that would pollute or contaminate water flowing through the watercourse. The property owner or occupant shall be responsible for obtaining and complying with any and all required permits necessary for conducting such activities.

(e) Whenever the Director finds that a discharge of pollutants is taking place or has occurred that results in or resulted in pollutants entering the County storm drain system or natural surface waters, the Director shall require by written notice to the owner or occupant of the property that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of this Chapter.

(f) The Director shall by written notice require that persons engaged in subject activities and/or owning or operating designated facilities, which may cause or contribute to stormwater pollution, illicit discharges, and/or non-stormwater discharges into the County storm drain system, natural surface waters, or watercourses, to undertake at said person's expense such monitoring and analyses and furnish such reports to the Director as deemed necessary to determine compliance with this Chapter.

([1527] Ord. 1528, Sec. 1, July 13, 2010)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or person conducting any subject activity that has information of any spill, release or suspected release of pollutants or prohibited materials which result or may result in an illegal discharge into the County storm drain system or natural surface waters shall immediately take all reasonable action to ensure the discovery, containment, cleanup, and to otherwise minimize any such spill or release.

In the event such a spill or release is of a hazardous material, said responsible person shall immediately notify emergency response officials of the incidence by means of emergency dispatch services (911). Said responsible person shall notify the County for assistance.

For a non-hazardous prohibited material spill or release that has been contained and cleaned up, said responsible person shall notify the County in person, by telephone, or facsimile no later than 5:00 p.m. the next business day. Notifications made in person or by telephone shall be confirmed by written notice within three business days of the personal or telephoned notice.

For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this Section.

(a) Any person performing construction activities for which a building permit has been issued shall implement appropriate Best Management Practices (BMPs) to prevent the discharge of pollutants, to the maximum extent practicable, from the site into the County storm drain system or natural surface waters. These pollutants may include, but are not limited to, soils, construction wastes or debris, contaminants from construction materials, tools, and equipment.

(b) All projects included within one of the following categories shall be required to implement post-construction BMPs, as prescribed in Attachment 4 to the Small MS4 General Permit, to control the volume, rate, and potential pollutant load of stormwater runoff:

(1) Commercial Developments of 100,000 square feet or more;

(2) Automotive Repair Shops;

(3) Retail Gasoline Outlets;

(4) Restaurants;

(5) Home Subdivisions with ten or more housing units; and

(6) Parking lots of 5,000 square feet or more with 25 or more parking spaces and potentially exposed to storm water runoff.

Post-construction BMPs include, but are not limited to, requirements to minimize the generation, transport and discharge of pollutants, and shall meet the requirements of the Sutter County Improvement/Design Standards.

Any permit issued for the construction of a privately-owned post-construction BMP shall be conditioned upon the applicant providing a written acknowledgement of the obligation to maintain the BMP in accordance with the original design capacity and standards. The acknowledgement shall be recorded with the Sutter County Recorders Office and the maintenance obligation shall run with land. In the event that future improvements negate the need for a privately-owned post-construction BMP, the maintenance obligation may be removed by the Director upon recordation of a document evidencing the removal of such obligation.

(c) Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b), any person engaged in activities or operations, or owning or operating facilities or property which will or may result in pollutants entering the County storm drain system, or natural surface waters shall implement BMPs to the maximum extent practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide at the owner's or operator's expense all reasonable protection from accidental discharge of prohibited materials or other pollutants into the County storm drain system or natural surface waters.

(d) Any facility which demonstrates to the satisfaction of the Director that it is in compliance with a State or Federal NPDES permit waste discharge requirements or waiver from waste discharge requirements for stormwater discharges shall be deemed to have met the requirements of the Chapter.

(a) Inspections are required under the General Construction Permit, and are necessary for identifying non-stormwater discharges, maintenance needs, and detecting pollutant discharge and erosion problems. 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 or upon any premises any condition constituting a violation of this Chapter, the enforcement official may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the officer of this Chapter.

(b) 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.

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 storm water contamination, illegal discharge, non-storm water discharge to the storm water conveyance system, or similar factors.

During any inspection, the enforcement official may take samples as necessary in order to implement and enforce the provisions of this Chapter. 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. The enforcement official may also require monitoring, analysis and reporting of discharges from any premises to the storm water conveyance system. Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports incurred in complying with the requirements 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.

If illegal discharges are detected, County staff will inspect the stormwater conveyance system to determine the source of the illegal discharge. County staff will notify the Director upon the detection of illicit connections and illegal discharges so that the provisions of this Chapter can be implemented. Regular inspection of the stormwater conveyance system may also include periodic sampling of the stormwater to monitor its quality.

The Director shall collect such fees as authorized by the Board of Supervisors to provide for the recovery of regulatory costs, including, but not limited to, routine inspections, enforcement actions, and other regulatory functions associated with implementation of this Chapter. Any such fees shall be established by resolution of the Board of Supervisors.

Violations of this Chapter shall be subject to the enforcement, penalties, abatement, and dispute provisions of Chapter 1701.

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

In addition to enforcement provisions of Chapter 1701, the following provisions shall be applicable to violations of this Chapter.

(a) Whenever the Director determines that a violation has occurred, or may occur, the Director may serve a Notice of Noncompliance to any person responsible for the violation or potential violation. Issuance of a Notice of Noncompliance shall not be a requirement prior to using any other enforcement provision of this Chapter.

(b) Each Notice of Noncompliance shall contain the following information:

(1) The date of the violation;

(2) The address or a definite description of the location where the violation occurred;

(3) The Chapter Section violated and a description of the violation;

(4) A description of how the violation can be corrected;

(5) A time limit by which the noncompliance shall be corrected;

(6) A description of further enforcement and/or corrective actions to be taken by the County if noncompliance is not fully corrected by the time limit;

(7) The name and signature of the individual preparing the Notice of Noncompliance; and

(8) Notice of potential liability under the Clean Water Act or Porter-Cologne Water Quality Act.

(c) In lieu of or following the procedures set forth in subsections (a) and (b), above, if the Director finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Director may order compliance by issuing a written Notice of Violation to the responsible person. Such notice may require without limitation the following:

(1) The performance of monitoring, analyses, and reporting;

(2) The elimination of illicit connections or discharges;

(3) The violating discharges, practices, or operations shall cease and desist;

(4) The abatement or remediation of stormwater pollution or contamination and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs; and

(6) The implementation or maintenance of source control facilities or treatment BMP's.

(d) If abatement for a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed.

(e) In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the Director may impose upon a violator alternative compensatory actions, including but not limited to storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

The Director is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the Director, the County is authorized to enter onto private property and to take any and all measures required to remedy the violation. Any expense related to such remediation undertaken by the County shall be fully reimbursed by the property owner and/or responsible party.

This Chapter shall be interpreted to assure consistency with the requirements of the Clean Water Act and the Porter-Cologne Act and acts amendatory thereof or supplementary thereto, any applicable implementing regulations, the Small MS4 General Permit, and any amendment, revision or re-issuance thereof.

Except as otherwise provided herein, the authority to implement this Chapter is vested in the Director who shall be responsible for the administration, implementation and enforcement of the provisions of this Chapter. Unless otherwise specified herein, any powers granted to or duties imposed upon the Director may be delegated by the Director to other County employees or, upon the approval of the Board, to employees of other public agencies.

The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not imply that compliance will ensure that there will be protection from liability including civil penalties or that there will be no contamination, pollution, nor unauthorized discharge of pollutants into natural surface waters or the waters of the United States. This Chapter shall not create liability on the part of the County, or any officer or employee thereof for any damages that result from any discharger's reliance on this Chapter or any administrative decision lawfully made thereunder.

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 1527, Sec. 5, June 8, 2010)