Tulare County Municipal Code § 4-27 General Provisions

This Chapter shall be known as the "Storm Water Quality and Regulation Ordinance" of the County of Tulare and may be so cited.

(Added by Ord. No. 3438, effective 9-13-12)

The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of Tulare County through the regulation of non-storm water discharges to the storm drainage systems owned by the County of Tulare (also known as the "Municipal Separate Storm Sewer System" or "MS4"), to the maximum extent practicable as required by Federal and state law, including but not limited to the Clean Water Act (33 U.S.C. § 1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments. This Chapter establishes methods for controlling the introduction of pollutants into the storm drain system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Chapter are:

(1) To regulate the contribution of pollutants by a Person to the storm drain system;

(2) To prohibit Illicit Connections and Discharges to the storm drain system;

(3) To establish legal authority to carry out all inspection, surveillance monitoring and enforcement procedures necessary to ensure compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors.

(Added by Ord. No. 3438, effective 9-13-12)

This Chapter is not the exclusive regulation of watercourse, water bodies, and groundwater. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the Federal, State, the County, or any other legal entity or agency having jurisdiction.

(Added by Ord. No. 3438, effective 9-13-12)

This Chapter shall apply to all discharges entering the County-owned MS4s generated on any developed and/or undeveloped lands lying within the unincorporated areas of the County.

Agricultural discharges are regulated by State Water Resources Control Board (SWRCB) and/or Regional Water Quality Control Board (RWQCB) pursuant to waiver and/or formal policy and therefore are exempt from this Chapter provided compliance with all relevant permit, waiver or policy conditions established by the SWRCB or RWQCB are maintained to the satisfaction of SWRCB or RWQCB.

In the event that any section of this Chapter conflicts with any County or other enforceable standard of discharges, the more stringent standard shall apply.

(Added by Ord. No. 3438, effective 9-13-12)

The Director, or designee, shall administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed upon the County of Tulare Resource Management Agency, may be delegated in writing by the Director to person or entities acting in the beneficial interests of or in the employ of the County of Tulare.

(Added by Ord. No. 3438, effective 9-13-12)

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person, responsible party, establishment, or circumstances shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions or application of this Chapter.

(Added by Ord. No. 3438, effective 9-13-12)

This Chapter shall be construed to assure consistency with the requirements of the Clean Water Act (33 U.S.C. § 1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments, and any applicable implementing regulations.

(Added by Ord. No. 3438, effective 9-13-12)