Trinity County Municipal Code Ch. 8.60 Trinity County Water Quality Control Ordinance

This chapter shall be known as the "Trinity County Water Quality Control Ordinance."

(Ord. 1072 §1(part), 1985)

A. "Board" means the board of supervisors of the county of Trinity.

B. "Person" means any individual, group, organization, corporation, agency, or partnership whether as principal, agent, employee, or otherwise, and includes any city, county, district, the state or any department or agency thereof. "Person" also includes the United States, to the extent authorized by federal law.

C. "Controllable water quality activities" are those actions, conditions, or circumstances resulting from human activities, that may influence the quality of the waters of the state, and that may be reasonably controlled. Existing natural, not reasonably controllable factors resulting in water quality below levels or limits established as water quality objectives will not be considered controllable water quality activities. Reasonably controllable factors shall not cause further degradation of water quality.

D. "Human activity" includes the following operations: construction, farming, forestry, industrial, logging, mining, marinas, power generation, ranching, recreation, road building, road maintenance, septic systems, sewage treatment, transportation, and water treatment. It does not include acts of God, natural disasters, or acts of war.

E. "Nondegradation" is defined as prohibiting polluting substances from entering waters due to human activities beyond the level or limits established as water quality objectives.

F. "Polluting substances" includes chemicals applied to land or vegetation thereon for whatever purpose, industrial waters and any and all other waste substance, liquid, solid, gaseous, radioactive, or chemicals from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature prior to, and for purposes of, disposal.

G. "Detectable discharge" means discharge as detected by state of the art laboratory analysis or observation of an act that gives reasonable and probable cause to believe that a measurable discharge occurred, or by physical evidence such as taste, smell, discolored water, damaged aquatic organisms, wildlife or vegetation.

H. "Measurable" means the amount that would have been detected by state of the art laboratory analysis.

(Ord. 1072 §1(part), 1985)

This chapter is enacted pursuant to California Water Code Section 13002(a). This chapter is to be read and enforced in a manner, offering no less protection than the California Water Code Section 13000 et seq., or the regulations of the North Coast Regional Water Quality Control Board. Further, this chapter is not meant to conflict with or to contradict any other law or regulation of the state of California or of the United States.

(Ord. 1072 §1(part), 1985)

This chapter incorporates fully by this reference the Trinity County Water Quality Task Force recommendations, attached to Ordinance 1072 as Exhibit A and as modified as shown on Exhibit B, as though fully set forth in this chapter. The recommendations are incorporated in this chapter for the specific purpose of defining, construing and describing this chapter.

(Ord. 1072 §1(part), 1985)

The board finds and declares it is necessary to protect the health and welfare of the people of the county by insuring the quality of the waters of the state which originate in or flow through the county. It is further necessary to insure the water quality of watersheds and water supply areas in the county. Insurance of water quality mentioned in this section means that said waters shall be protected from pollution and degradation resulting from discharge of controllable water quality activities in any detectable amount into said waters by any person.

(Ord. 1072 §1(part), 1985)

No use, application, discharge, disposal of any polluting substance or any other controllable water quality activities may be initiated, undertaken, or maintained by any person if said use or activity results in a detectable discharge of polluting substances into the waters of the state located in or flowing through the county.

(Ord. 1072 §1(part), 1985)

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor. The person shall be deemed to be guilty of a separate offense for each and every day a violation of this chapter is committed, continued or permitted. Further, and in addition to the above penalties, said person shall be civilly liable in damages in an amount not to exceed five thousand dollars for each day in which such violation occurs. The person causing the degradation activity to the waters of the state in Trinity County shall pay all costs reasonably incurred in causing the degradation activity to cease, in notifying downstream users and in cleaning up of polluting substances.

(Ord. 1072 §1(part), 1985)

It is declared that any such use, application, discharge, disposal, or other activity as aforesaid which violates any provision of this chapter is a public nuisance and the county may cause proceedings to be brought to abate or otherwise remedy the nuisance.

Any person who conducts activities that cause the waters of the state in the county of Trinity to be degraded will be reported by the health department to the responsible agency(ies). The county health department will notify the appropriate agency and assume the position of responsible agency until such time as the appropriate agency(ies) assumes authority to deal with the activity.

If the responsible agency(ies) to not take appropriate action to stop the degradation activity and notify downstream users who may be affected within a reasonable time period, the county will have the authority to call upon other county departments to assist in stopping the degradation activity, to notify downstream users who may be affected, and to issue abatement or other(s) within the proper jurisdiction of the county.

(Ord. 1072 §1(part), 1985)

A variance from the provisions of this chapter shall be granted only when it is found that:

A. Because of special circumstances (other than monetary hardship) applicable to any particular property, including its size, shape, topography, location or surroundings, the strict application of the provisions of this chapter generally deprive such property of privileges (not including the privilege of maintaining a nonconforming use or status) enjoyed by other property in the vicinity and in an identical zoning district; and

B. The grant of variance will not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and the zoning district in which the property is situated; and

C. The grant of variance will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located; and

D. The grant of variance will not be in conflict with established general and specific plans and policies of the county.

(Ord. 1091 §1(part), 1987)

A. Applications for variance shall be made in writing by the property owner, lessee, purchaser and escrow power, optionee with written consent of the owner, or by a public utility company or other agency with the powers of eminent domain, on a form provided by the planning director. The application shall be accompanied by a fee as set forth in a resolution adopted by the board of supervisors; and contain evidence showing that:

1. The granting of the variance will not be contrary to the intent of this chapter or to the public health, safety and welfare; and

2. Due to special conditions or exceptional characteristics of the property or its location, the strict application of the provisions of this chapter would result in practical difficulties and unnecessary hardships.

B. If the commission finds all of the qualifications under Section 8.60.090, the commission may grant all or part of the variance sought.

(Ord. 1091 §1(part), 1987)

Public hearings shall be held on any application for a variance in a manner prescribed by Section 34 of the zoning ordinance.

(Ord. 1091 §1(part), 1987)

The action by the commission by any application for variance shall be in the manner prescribed by Section 31 of the zoning ordinance.

(Ord. 1091 §1(part), 1987)

The procedure regarding hearings before the commission and appeals to the board of supervisors shall be conducted in a manner prescribed by Section 34 of the zoning ordinance.

(Ord. 1091 §1(part), 1987)

Any person who files an appeal of any decision rendered under any of the procedures included in this chapter may withdraw his appeal in accordance with the following rules:

A. All withdrawals shall be in writing and signed by all persons who signed the appeal;

B. Any appeal may be withdrawn by the appellant prior to the giving of notice of hearing on appeal with the consent of the board of directors, who shall have the discretion to withhold such consent if a majority of the board of directors are of the opinion that the withdrawal might act to deprive other interested persons of an opportunity to oppose the action appealed from;

C. Any withdrawal effectively made pursuant to the above rules shall be an abandonment of the appeal and the decision appealed from shall be reinstated as though no appeal had been made.

(Ord. 1091 §1(part), 1987)

Variance shall not be issued until ten days from the lapse of a granting thereof and if an appeal is filed as provided herein, such permit shall not be issued until the decision is made by the board of supervisors on such appeal.

(Ord. 1091 §1(part), 1987)

A variance shall terminate and all rights granted therein shall lapse, and the property affected thereby shall be subjected to all of the provisions and regulation otherwise existing in Sections 8.60.090 through 8.60.170 at the time of such termination, when any of the following occur:

A. There is a failure to commence the exercise of such rights within one year from the date of approval thereof or within any shorter or longer period of time as so designated by the commission;

B. There is a discontinuance for a continuous period of one year of the exercise of the rights granted.

(Ord. 1091 §1(part), 1987)

The commission may revoke the rights granted by a variance and the property affected thereby shall be subject to all of the provisions otherwise existing in Sections 8.60.090 through 8.60.170 applicable as of the effective date of revocation. Such revocation shall be for good cause, including but not limited to, the failure to comply with any condition contained in the variance or the violation by owner or tenant of any provisions of Sections 8.60.090 through 8.60.170 pertaining to the premises for which the variance was granted.

Before the board shall consider revocation of any permit, the commission shall hold a public hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing.

(Ord. 1091 §1(part), 1987)