Ventura County Municipal Code Art. 5 Requirements for the Control of Urban Runoff

Any construction activity that requires a grading, building, or discretionary permit shall be undertaken in accordance with:

a. Any conditions and requirements established by the Municipal Stormwater Permit or other State General Permits which are reasonably related to the reduction or elimination of pollutants in stormwater runoff from the construction site.

b. Any condition and/or requirements established by the Director to protect specific watersheds or drainage basins.

(Ord. No. 4450, 7-17-2012)

a. All development within the County unincorporated urban areas shall be undertaken in accordance with:

(1) Any conditions and requirements established for new development and redevelopment by the Municipal Stormwater Permit or other permits which are reasonably related to the reduction or elimination of pollutants in stormwater from the project site.

(2) Any condition and/or requirements established by the Director to protect specific watersheds or drainage basins.

b. A Post-Construction Stormwater Management Plan (PCSMP) shall be submitted by the owner or owner's agent for new development and redevelopment subject to Municipal Stormwater Permit requirements.

c. Each PCSMP shall:

(1) Name an owner, owner's agent, or responsible party for the project;

(2) Illustrate the location of proposed post-construction stormwater controls on the site plan;

(3) Document engineering calculations and analysis in accordance with the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures to demonstrate that the post-construction stormwater controls will function appropriately;

(4) Include a maintenance plan in accordance with requirements of the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures. The maintenance plan shall specify a required schedule and requirements for maintenance and monitoring.

d. The owner of a new development or redevelopment project, the owner's successors and assigns, and each named responsible party, shall implement and adhere to the terms, conditions and requirements of the approved PCSMP. Each failure by the owner, the owner's successors or assigns, or a named responsible party, to implement and adhere to the terms, conditions and requirements shall constitute a violation of this Chapter.

e. The Director may require that the PCSMP maintenance agreement or covenant for maintenance of post-construction stormwater management control system be recorded with the County Recorder's Office by the owner. The signature of the owner, any successive owner or the named responsible party shall be sufficient for the plan or any revised plan and a signature on behalf of the County shall not be required for recordation.

f. The owner or responsible party of the applicable new development or redevelopment project shall submit an annual report to the County to verify that the maintenance plan is executed as required and all post-construction stormwater controls function as designed and are properly maintained.

g. The costs and expenses of the County incurred in the review, approval, or revision of a PCSMP or other Development requirements (or in the approval or revision of any such requirement) shall be charged to the owner, owner's agent or responsible party and shall be due and payable to the County. The Director may elect to require a deposit of estimated costs and expenses, and the actual costs and expenses shall be deducted from the deposit, and the balance, if any, refunded to the owner, owner's agent or responsible party.

h. Compliance with the conditions and requirements of a PCSMP shall not exempt any person from the requirement to comply independently with each provision of this Chapter.

(Ord. No. 4450, 7-17-2012)

Each discharger, subject to any State General Permit addressing such discharges, as may be issued by the EPA, the State Board, or the Regional Board, shall provide verification of notices, plans or reports required by the permit and comply with and undertake all other activities required by such permit applicable to such discharges. Copies of such required documentation of notices, plans or reports shall be provided to the County upon request. Proof of compliance with any State General Permit may be required in a form acceptable to the County:

(1) Prior to or as a condition of approval of a subdivision map, site plan, discretionary permit, building permit, or development or improvement plan;

(2) Prior to issuance by the County of any permit authorizing grading or construction activity;

(3) Upon inspection of the facility or site if determined subject to the State General Permit;

(4) During any enforcement proceeding or action; or

(5) For any other reasonable cause.

(Ord. No. 4450, 7-17-2012)

a. The Director may adopt requirements identifying appropriate BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of the County Storm Drain System, and every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements.

b. Notwithstanding the presence or absence of requirements promulgated pursuant to the foregoing subsection a., any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering the County Storm Drain System, or any Receiving Waters, shall implement BMPs to the extent they are technologically and economically achievable to prevent and reduce such pollutants.

c. When the Director discovers the owner or operator of a facility or responsible party named in a Stormwater Pollution Prevention Plan (SWPPP), Stormwater Pollution Control Plan (SWPCP), or PCSMP has failed to adequately implement all necessary BMPs, a notice of violation may be issued stating the actions that shall be taken to achieve compliance and the due date for actions to be implemented. A follow-up inspection may be conducted as required by the Municipal Stormwater Permit or as conditioned or required by the Director to protect specific watersheds or drainage basins. If the follow-up inspection reveals the necessary BMPs or PCSMP controls are still not adequately implemented or maintained, the Director may follow the enforcement actions specified in Article 7 of this Chapter.

(Ord. No. 4450, 7-17-2012)

a. Every occupant or owner of a property through which a County Storm Drain System or Receiving Waters passes shall keep and maintain the property reasonably free of trash, debris, yard waste, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the County Storm Drain System or Receiving Waters.

b. Every occupant or owner of a property shall maintain existing private structures within or adjacent to the County Storm Drain System or Receiving Waters, so that such structures will not become a hazard to the use, function, or physical integrity of the County Storm Drain System or Receiving Waters; and, consistent with other laws regarding riparian habitat protection, shall not remove healthy bank vegetation beyond that required to remove obstacles, nor remove said vegetation in such a manner as to increase the vulnerability of the County Storm Drain System or Receiving Waters to erosion. An owner or occupant will not be found in violation of this section, if it can be shown that a good faith effort was made to obtain an applicable California Department of Fish and Game 1603 Streambed Alteration Agreement, a US Army Corps of Engineers Section 404 Permit, a State Board 401 Water Quality Certification or any other required permit and the owner was not able to obtain such permit or, despite good faith effort, comply with conditions of a permit obtained from the appropriate regulatory agency.

(Ord. No. 4450, 7-17-2012)