Yolo County Municipal Code Art. 3 Reduction of Pollutants in Stormwater

(a) The Administrator 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 10-9.303, Best Management Practices, below.

(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, 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 Administrator 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, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly obstruct the flow of water 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 Administrator 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 Administrator 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 Article 5, “Enforcement” below.

(f) The Administrator 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 Administrator as deemed necessary to determine compliance with this Chapter. (§ 1, Ord. 1352, eff. August 24, 2006)

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 Communication line at (530) 666-8920 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 Department of Planning, Resources and Public Works 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. (§ 1, Ord. 1352, eff. August 24, 2006)

(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) New development and redevelopment projects shall be required to implement post-construction BMPs to control the volume, rate, and potential pollutant load of stormwater runoff, including, but not limited to, requirements to minimize the generation, transport and discharge of pollutants. The owners or operators of facilities required to implement post-construction BMPs shall enter into a maintenance agreement with the County for maintenance of such features.

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

(a) The Administrator shall have the authority to implement all previsions of this Chapter by promulgation of rules and regulations that are consistent with this Chapter.

(b) Any rules and regulations promulgated by the Administrator, or amendments thereof, shall be filed with the Clerk of the Board of Supervisors. The Clerk shall cause announcement of said rules or regulations to be published in a newspaper of general circulation within ten calendar days. Such announcements shall provide a reasonable summary of the content of the rule. In addition, the Administrator shall make a reasonable effort to identify, notify, and provide copies to any industries that are specifically designated by the Administrator as subject to a rule or regulation. However, neither the failure of the Administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from that rule or regulation. No regulations promulgated by the Administrator, or amendments thereof, shall be enforced or become effective until thirty (30) calendar days following the date on which notification of the regulations are published.

(c) Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this Section may appeal the issuance of such regulation by filing a written notice of appeal with the Clerk of the Board pursuant to Yolo County Code Chapter 4, Appeals, of Title 1.

(d) Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a final determination by the Board on the merits of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision that rescinds or modifies the regulation shall apply prospectively. (§ 1, Ord. 1352, eff. August 24, 2006)