Yolo County Municipal Code Art. 1 General Provisions

This Chapter shall be known as the “STORMWATER ORDINANCE” of Yolo County, and may be so cited. (§ 1, Ord. 1352, eff. August 24, 2006)

(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). Yolo County falls under the Phase II regulations, which requires the submittal of a Notice of Intent (NOI) to seek coverage under the “Small MS4 General Permit.”

(d) 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.

(e) 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. (§ 1, Ord. 1352, eff. August 24, 2006)

(a) This Chapter is adopted pursuant to Article XI, Section 7 of the California Constitution, which authorizes the County to exercise the police power of the State by adopting regulations promoting the public health, public safety, and the general welfare of its citizens. The purpose and intent of this Chapter is to protect and enhance the water quality of watercourses and water bodies within 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.

(b) It is the intent of the Board in adopting this Chapter to provide the County with the legal authority to accomplish the following goals:

(1) to benefit the people and environment of the County by protecting water quality in waters of the State;

(2) to reduce the discharge of pollutants in stormwater to the maximum extent practicable, whether those discharges are made to the County storm drain system, or directly to natural surface waters;

(3) to effectively prohibit non-stormwater discharges into the County storm drain system or to natural surface waters;

(4) to establish requirements for stormwater management, including source controls and best management practices, for development, redevelopment, construction, post-construction, industrial, and municipal activities;

(5) to comply with the requirements of the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, and the Small MS4 General Permit as they apply to the discharge of pollutants into and from the County storm drain system;

(6) to fully implement and enforce the County's Stormwater Management Program;

(7) to provide for the recovery of regulatory costs incurred by the County in the implementation of this Chapter or its Stormwater Management Program, including, but not limited to, enforcement activities, compliance assistance, inspections, investigations, sampling and monitoring; and

(8) to establish appropriate enforcement procedures and penalties for violations of the provisions of this Chapter. (§ 1, Ord. 1352, eff. August 24, 2006)

Any term(s) defined in the 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 Chapter shall, when used in this Chapter, have the same meaning as set forth in said act or regulation.

Certain words and phrases defined in the preceding sections of this Chapter shall have the meanings set forth above. Additional defined terms used in this Chapter shall have the meanings set forth below unless the context clearly indicates otherwise.

(a) Administrator shall mean the Assistant Director of the County of Yolo's Planning, Resources and Public Works Department and his or her designees.

(b) Best Management Practices or BMPs shall mean schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly into stormwater conveyance systems, receiving waters or to natural surface waters. BMPs shall also include structural controls, treatment practices, source controls, training requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

(c) Board shall mean the Board of Supervisors of the County of Yolo.

(d) County shall mean the County of Yolo.

(e) County Storm Drain System shall mean those public man-made facilities within the unincorporated area of the County that are owned, operated, maintained or controlled by the County by which stormwater may be conveyed to natural surface waters, including, but not limited to, any roads with drainage systems, municipal streets, curbs, gutters, catch basins, water quality basins, detention basins, constructed wetlands, artificial channels, aqueducts, ditches, altered drainage channels, reservoirs, sumps, pumping stations, storm drain inlets, and storm drains.

(f) Development shall mean any activity that moves soils or substantially alters the preexisting vegetated or man-made cover of any land. This includes any activity that may be considered new development or redevelopment consisting of, but not limited to, grading, digging, cutting, scraping, stockpiling or excavating soil, placement of fill materials, paving, pavement removal, exterior construction, substantial removal of vegetation where soils are disturbed or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Development does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities (i.e. land disturbances) required to protect public health and safety.

(g) Discharge shall mean the release, threatened release, or placement of any material into the County storm drain system or natural surface waters, including, but not limited to, stormwater, wastewater, pollutants, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

(h) Discharger shall mean any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other material into the County storm drain system or to natural surface waters.

(i) Illicit Connection shall mean any physical connection, including but not limited to any drain or conveyance, to the County storm drain system or natural surface waters, which is not expressly authorized by the County.

(j) Illicit Discharge shall mean any direct or indirect non-permitted or non-exempt discharge to the County storm drain system or to the natural surface waters that violates this Chapter, or a discharge prohibited by federal, state, or local laws, which tend to degrade the quality of natural surface waters.

(k) Industry or Industrial Activity shall mean any service, business, enterprise, or any other activity conducted by any person for the purpose of monetary or other compensation, or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a non-profit corporation as defined by the State of California.

(l) Hazardous Materials shall mean any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infections 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.

(m) Material shall mean any substance, including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

(n) Maximum Extent Practicable shall mean a technology-based standard established by Congress in the Clean Water Act § 402(p)(3)(B)(iii) that applies to municipalities regulated by the Small MS4 General Permit. The major focus is on technology-based pollution prevention and source control BMPs as the first line of defense with feasibility, cost, effectiveness, and public acceptance as relevant considerations. As knowledge about controlling pollution of urban runoff continues to evolve, so will what constitutes the Maximum Extent Practicable.

(o) National Pollution Discharge Elimination System Permit or NPDES Permit shall mean general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations promulgated pursuant to the federal Clean Water Act. The Regional Board, as defined below, and the State Board, as defined above, have adopted general storm water discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.

(p) Natural Surface Waters shall mean creeks, natural ponds or lakes, wetlands, the Sacramento River, Cache Creek, Putah Creek, the Yolo Bypass and shall include any waters of the State and any waters of the United States contained within the boundaries of the State. Natural Surface Waters shall not mean any wet or dry detention basin, constructed wetland, stormwater treatment facility, artificial lake or pond or other man-made body of water.

(q) Non-Stormwater Discharge shall mean any discharge to the County storm drain system or directly to natural surface waters that is not composed entirely of storm water, including discharges that do not originate as surface runoff and drainage from rainstorm events and snow melt, but essentially result partly or entirely from human activities, or materials or processes under a person’s control. Non-stormwater discharges include, but are not limited to, discharges of: (1) water that has been used by a person for any purpose such as cleaning, rinsing, cooling, irrigating, aquaculture, recreation, cooking, and industrial purposes; (2) water or wastewater that originates or flows from equipment, valves, piping, hoses, containers, tanks, or other man-made apparatus; or (3) any discharge of materials or wastes other than water.

(r) Person shall mean any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

(s) Pollutant shall mean any substance that causes or contributes to pollution, as defined herein. Pollutants may include, but are not limited to: solid, medical, or industrial waste; wrecked or discarded equipment or machinery; hazardous substances or radioactive material; dredged soil, rock or sand; volatile organic carbons; oil, grease, or other petroleum hydrocarbon; pesticides, herbicides or fertilizers; animal or human wastes or sewage; dissolved and particulate metals; wastes resulting from construction activities (including, but not limited to, sediments, slurries and concrete rinsates); and noxious or offensive matter of any kind.

(t) Pollution shall mean the human-made or human-induced alteration of the quality of waters by pollutants to a degree which unreasonably affects, or that has the potential to unreasonably affect, either the waters for beneficial uses or the facilities, which serve these beneficial uses. Pollution includes, but is not limited to, the alteration of the quality of waters by pollutants to a degree that that causes or contributes to an exceedance of water quality standards contained in the Statewide Water Quality Control Plan, the California Toxics Rule, or in the applicable Regional Water Quality Control Board Basin Plan.

(u) Regional Board shall mean the California Regional Water Quality Control Board, Central Valley Region.

(v) Stormwater shall mean any surface flow, runoff, and drainage consisting entirely of water resulting from rainstorm events and snow melt, which has not been polluted as a result of contact with man-made or natural sources of pollutants.

(w) Subject Activities shall mean any activities, operations, or facilities which discharge or have the potential to discharge pollutants into the County storm drain system, natural surface waters, or watercourses. A subject activity may be stationary or mobile, but that generate quantities or concentrations that may cause pollution.

(x) Threatened Prohibited Discharge shall mean any condition or activity that does not currently result in a prohibited discharge but is nevertheless determined by the Administrator to be a condition which results in a substantial likelihood of a future prohibited discharge.

(y) Watercourses shall mean any channel or depression in which a flow of water occurs, either continuously or intermittently, including above ground portions of the storm drain system.

(z) Waters of the State shall mean all surface watercourses and water bodies as defined at 40 Code of Federal Regulations § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at or during all times and seasons.

(aa) Waters of the United States shall have the same meaning as set forth in Part 122.2 of Title 40 of the Code of Federal Regulations or any successor provisions. (§ 1, Ord. 1352, eff. August 24, 2006)

The provisions of this Chapter shall be construed to assure consistency with the requirements of the Clean Water Act and the Porter-Cologne Act and any acts amendatory thereof or supplementary thereto, applicable implementing regulations, and Small MS4 General Permit and any amendment, revision or re-issuance thereof. In the event of a conflict between this Chapter and any Federal or State law, regulation, order or permit, the requirement that establishes the higher standard for public health and safety shall govern. (§ 1, Ord. 1352, eff. August 24, 2006)

The provisions of this Chapter shall be applicable to all dischargers and potential dischargers located within or without the unincorporated area of the County that discharge either directly or indirectly into the County storm drain system. This Chapter shall also apply to stormwater and non-stormwater discharges made directly to natural surface waters within the unincorporated area of the County.

This Chapter shall apply to facilities subject to the State Construction General Permit issued by the State 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. (§ 1, Ord. 1352, eff. August 24, 2006)

The provisions of this Chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this Code. This Chapter shall also be construed 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, and the Small MS4 General Permit, and any amendment, revision or re-issuance thereof. (§ 1, Ord. 1352, eff. August 24, 2006)

Compliance by any person with the provisions of this Chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of stormwater quality, or both. (§ 1, Ord. 1352, eff. August 24, 2006)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter. The Board hereby declares that it would have adopted this Chapter and each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof without regard to whether any other section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter would subsequently be declared to be invalid or unconstitutional. (§ 1, Ord. 1352, eff. August 24, 2006)

Except as otherwise provided herein, the authority to implement this Chapter is vested in the Administrator 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 Administrator may be delegated by the Administrator to other County employees or, upon the approval of the Board, to employees of other public agencies. (§ 1, Ord. 1352, eff. August 24, 2006)

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. (§ 1, Ord. 1352, eff. August 24, 2006)