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HomeMy WebLinkAbout39811 2 3 4 5 6 8 9 10 11 12 13 14 IS 16 17 18 19 20 ?~ 22 23 24 25 2b ~~ 28 Ordinance No_ 3981 AN ORDINANCE OF THE COUNTY OF BUTTE ADDING CHAPTER 54 TO THE BUTTE COUNTY CODE RELATING TO STORMWATER MANAGEMENT AND DISCHARGE CONTROL The Board of Supervisors of the County of Butte ordains as follows: SECTION 1. Chapter 50 is hereby added to the Butte County Code to read as follows: "Chapter 54 STORMWATER MANAGEMENT AND DISCHARGE CONTROL ARTICLE I. GENERAL PROVISIONS Sec. 54-3. Title This chapter shall be known and may be cited as the "STORMWATER ORDINANCE" of Butte County. Sec. 50-2 Findings (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 Eliminata.an System (NPDES) requirements to stormwater and urban runoff discharge into the County storm drain system. (b) The State Board is authorized by the United States 2 3 5 6 7 8 9 10 ]l 12 ~a ]4 l5 1G ]7 18 l9 20 21 ?? 23 24 ?5 26 ~~ ZK Environmental Protection Agency (USEFA) to administer the NPDES program within the State. The Porter-Cologne Water Quality Control Act {Water Code Section 13000 et seq_) provides authority far 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 T 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). Butte County falls under the Phase II regulations, which require coverage under the "Small. MS4 General Permit." {d) The County's Storm Water Management Program, approved by the County on February 25, 2003, and then amended and approved on September 23, 2003, requires the County to effectively prohibit non-stormwater discharges from within the State Board's defined boundaries of Butte County's MS4 Storm Water Permit area into the County storm drain system except as otherwise permitted by law. (e) The Butte County Board of Supervisors 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 Storm Water Management Program and to protect the waters of the State for the benefit of its people and the environment. 2 Sec 50-3 Purpose and Intent 2 3 4 6 7 x g 10 11 !2 13 14 15 16 17 18 19 20 2] 77 23 24 25 26 27 28 (a) This Chapter is adopted pursuant to Article Xx, 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 MS4 permitted area of the County in a manner consistent with the Clean Water Act, the Porter-Cologne Water Quality Control Act, and the County Storm Water 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 within the MS4 permitted area: (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 Clean Water Act, 3 1 2 3 4 S 6 7 S 9 10 11 12 13 14 15 ]6 ]7 ]8 ]9 2U 21 22 23 24 25 26 I 27 28 the Portex-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; (5) 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. Sec. 50-4 Definitions i Any terms} defined in the Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting 'program issued by the United States Environmental Protection Agency, (USEPA), 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 phases defined in this Chapter shall have the meanings set forth herein. Additional defined terms used in this Chapter shall have the meanings set faith below unless the context clearly indicates otherwise. (a) "Administrator" shall mean the Director of Public Works and his or her designees. 4 1 3 4 5 b 7 8 9 lU 11 12 13 14 15 l6 17 18 ~9 20 2l ?2 23 24 25 26 27 28 (b) "Best Management Practices" (BMPs} shall mean schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and education 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 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 Butte. (d} "County" shall mean the County of Butte. (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 pree~eisting vegetated or man-made cover of any land. This includes any activity that may be 5 1 2 3 4 5 G 7 8 9 10 ]1 12 ]3 14 ]5 1G 17 18 19 2Q ~1 22 z~ 24 2~ 2G 27 28 considered new development or redevelopment consisting of, but not limited ta, 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 exposes soil or rack 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 any release, threatened release, or placement of any material into the County storm drain system or natural surface waters, including, but not limited to, storm water, 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 a discharge, either directly or indirectly. {i} "Illicit Connection" shall mean any physical connection, including but not limited to any drain or conveyance, to the County storm drain system ar 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 6 1 2 4 5 G 7 8 9 lU 11 l2 1a i4 15 16 17 18 19 20 21 22 23 24 ?5 26 27 28 laws, which tends 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 infectious 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, tobacco, paper wastes, 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 standard for implementation of stormwater management programs to reduce pollutants in storm water. It is the maximum extent possible taking into account equitable considerations and competing facts, including, but not limited to: the seriousness of the problem, public health risk, environmental benefits, pollutant 7 1 2 a 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 removal effectiveness, regulatory compliance, ability to implement, cost and technical feasibila.ty_ (o} "National Pollutant 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, rivers, flood diversion channels and irrigation channels 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 which do not combine or effect a junction with natural surface waters. (q) "Non-Stormwater Discharge" shall mean any discharge to the storm drain system that is nat composed entirely of storm 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. 8 1 3 4 5 6 7 S 9 i0 12 13 14 15 16 17 18! 39 20 2~ 22 23 2~1 25 2b 27 28 (s) "Pollutant" shall mean the same as defined in section 502{6) of the Clean Water Act or as incorporated into the California Water Code, subsection 13373, as such code sections may be amended from time to time. Pollutants include, but are not limited to, the following: 1. Materials (including, but not limited to, fuels, solvents, chemicals, detergents, plastic pellets, hazardous substances, radioactive wastes, fertilizers, pesticides, paints, soot, slag, ash, sludge); 2. Metals and non-metals bath soluble an,d insoluble (including, but not limited to, cadmium, lead, zinc, copper, silver, nickel, chromium, chlorine, phosphorous, formaldehyde, glutaraldehyde and arsenic}; 3. Petroleum hydrocarbons (including, but not limited to, fuels, oils, lubricants, surfactants, waste oils, solvents, coolants, and grease); 4. Eroded soils, sediment, saw cut slurry and wastes and residues that result from constructing a building or structure; 5. Animal wastes (including, but not limited to, discharge from confinement facilities, kennels, pens, recreational facilities, and stables); 6. Substances having acidic or corrosive characteristics, unusual coloration or turbidity; 7. Any domestic or industrial wastewater; 8. Any hazardous substances. 9 1 2 _i S 6 7 8 9 10 1] 12 13 14 ]S lb 17 IS 19 20 21 22 23 24 25 2b ?~ 28 The term "pollutant" shall not include uncontaminated storm water, potable water, groundwater or reclaimed water generated by a lawfully permitted water treatment facility. (t) "Pollution" shall mean the human-made or human-induced alteration of the quality of waters by pollutants to a degree 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) "State Board" shall mean the Stage Water Resources Control Board which is the state water pollution control agency for all purposes of the Clean Water Act pursuant to Section 13.60 of the California Water Cade. (w) "Stormwater" or "Storm Water" shall mean any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation (such as rain or snow) and resulting from such precipitation. (x} "Subject Activities" shall mean any activities, operations, or facilities which discharge or have the potential to discharge pollutants. A subject activity may be stationary or mobile, provided it generates quantities or concentrations that may cause pollution. (y) °Threatened Prohibited Discharge" shall mean any condition or activity that does not currently result in a prohibited discharge but is nevertheless detezmined by the Administrator 10 l 2 3 4 5 b 7 8 9 i0 i] 12 ]3 14 ]5 1 f~ l7 18 79 20 7r 22 23 24 35 2b 27 28 to be a condition which results in a substantial likelihood of a future prohibited discharge. (z) "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. (aa) "Waters of the 5tate° shall mean all surface waters specified in 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. {bb) "Waters of the United States" shall have the same meaning as set forth in 40 Code of Federal. Regulations §122.2 or any successor provisions. Sec. 50-5 Construction 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 the 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 most protective standard for public health and safety shall govern unless preempted by law. 1 2 3 5 6 7 8 9 ]U 11 I2 1~ 14 15 16 17 18 f9 ~~ 21 22 23 24 25 26 ~~ 28 Sec. 50-5 Applicability The provisions of this Chapter shall be applicable to all dischargers and potential dischargers located within the unincorporated area of the County within the Small Municipal Separate Storm Sewer Systems {MS4? General Permit area, as depicted in the Butte County Storm Water Management Program, that discharge either directly or indirectly into the County storm dra~.n system. Sec. 50-7 Regulatory Consistency The provisions of this Chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this Code. Sec. 50-$ Compliance Disclaimer 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. i~Sec, 50-4 Administration Except as otherwise provided herein, the authority to implement this Chapter is vested in the Administrator, who shall be responsible for the I 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. 12 i 3 4 5 6 7 9 lU Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 50-10 Disclaimer of Liability The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not imply that compliance will ensux'e 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 xeliance on this Chapter or any other administrative decision lawfully made thereunder. ARTICLE II. PROHIBITED DXSCHARGES Sec. 50-1.1 Prohibited Discharges Except as provided in Section 50-J.2, it shall be unlawful for any person to make or cause to be made an illicit discharge of any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than starmwater into the County storm drain system, natural. surface waters, or watercourses. Sec. 50-12 Exceptions to Prohibited Discharges The following non-stormwater discharges to the County storm drain system or natural surface waters are exempt from otherwise applicable discharge prohibition set forth in Section 50-11: {a) Any discharge regulated under a NpDES permit, waiver {including Conditional Waivers of Waste Discharge Requirements for Discharges from Irrigated Lands), or waste discharge order 13 I 2 3 4 5 6 7 8~ c} lU tl ]2 13 14 15 16 ]7 18 19 20 2] 22 23 24 25 26 27 zs issued to the discharger and administered by the State of California under the authority of the Federal Environmental. Protection Agency or under State authority, provided the discharger is a.n full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that prior approval has been granted by the County of State for any discharge to the storm dra~.n system_ (b) The discharge of stormwater containing pollutants that has been reduced to the maximum extent practicable by the application of best management practices or other management measures set forth in the County's Stormwater Management Program. (c) Any discharge from any of the following activities, unless the Administrator determines any otherwise exempt discharge causes or significantly contributes to violations of the Clean Water Act, Porter-Cologne Act, or this Chapter, or conveys significant quantities ar concentrations of pollutants to the County storm drain system, natural surface waters, or watercourses: (~.} water line flushing; (2) landscape irrigation; {3) diverted stream flow; (4) rising groundwater; (5) uncontaminated ground water infiltration [as defined in 40 CFR 35.2005 (20)]; (6} uncontaminated pumped groundwater; (7) discharge from potable water sources; (8) foundation drains; 14 1 2 3 4 s 6 7 8 4 10 ll 12 1~ 14 IS 16 17 i8 14 20 21 22 ?3 24 ?S 26 27 28 (9) air conditioner condex~.sate; (10) irrigation water; (11} water from natural springs; (12) water from crawl space pumps; (13} footing drains; (14) lawn watering; (15) individual residential car washing or fund raising car washes; (~.6) flows from riparian habitats and wetlands; (17) dechlorinated swimming pool discharges; or (18) discharges of flows from emergency fire fighting activities. (d) Any discharges that the Administrator, the: County Health Officer or the Regional Board determines in writing are necessary for the protection of public health and safety. (e) Any additional categories of non-stormwater discharges determined in writing by the Administrator, with written concurrence of the Regional Board, not to be sources of pollutants to the County of Butte storm drain system or .natural surface waters. Sec. 50-13 Exception to Otherwise Applicable Exemptions Notwithstanding the exemptions provided for in Section 50-12 above, if the Regional Board or the Administrator determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any published Regional Board established Receiving Water Limitation or results in the conveyance of significant quantities or concentrations of pollutants into the County Is 2 3 4 5 G 7 9 10 11 !2 13 14 15 15 17 i 18 19 20 21 22 23 24 ~5 76 ~~ 2~ storm drain system or to natural surface waters, or is otherwise a danger to public health or safety, the Administrator may give written notice to the discharger that the exception shall not apply to the discharge at issue following expiration of the thirty (30) day period commencing upon delivery of the notice. Upon expiration of such thirty (30) day period, any such discharge shall be unlawful. Upon finding that any discharge poses an immediate significant threat to the environment or to public health and safety, the Administrator may waive the thirty (30) day waiting period and require immediate cessation of the discharge. Sec. 50-14 Threatened Prohibited Discharge It shall be unlawful fox any person to maintain, ox cause to be maintained, a threatened prohibited discharge after having received notice per Section 50-32 of the Administrator`s determination as to the existence of a threatened prohibited discharge. ISec. 5a-15 illicit Connections Prohibited (a) Yt shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. illicit connections shall be subject to removal or abatement by the County pursuant to Article 5 of this Chapter. (b} The prohibition set forth in subsection (a) above shall apply to illicit connections in existence at the time this Chapter becomes effective. Upon the effective date of this Chapter, any person who maintains an illicit connection shall have thirty (30} days to disconnect and discontinue use of such connection or secure approval of such connection. Notwithstanding the provisions of this Section, any person who maintains an illicit connection, as defined in Section 50-4, may 16 1 2 3 4 5 6 7 8 9 lU 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 ~~ 28 apply to the County for a permit or written permission to continue the connection subject to applicable County Standards. The submission of a permit application is not a substitute for compliance with the provisions of this Chapter and any applicable requirements of state, federal, and/or County law, irrespective of whether a permit application has been submitted, may be enforced under this Chapter. No permit shall be issued for any connection or any physical facility or apparatus that is installed, intended, serves, or is known to convey a prohibited illicit discharge to the County storm drain system, natural surface waters, or watercourses in violation of this Chapter or any provision of state or federal law_ Sec. SO-15 Negligence or Intent Not Required A violation of the provisions of this Chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. II Sec. 50-17 Waste DisposaY Prohibitions No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the County storm drain system, natural surface waters, or waters of the United States, any refuse, rubbish, garbage, litter, green waste, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to storm water pollution. Wastes deposited in streets in proper waste receptacles for purposes of municipal waste collection are exempted from this ]7 3 4 5 6 7 8 c~ la 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 proha.bition.. Sec. 50-].8 Discharges in. Violation. of Industrial oz' Construction Activity NPDES Storm Water Discbazge Permits. Any person subject to an industrial or Construction Activity NPDES Storm Water Discharge Permit shall Comply with all provisions of such permit. Proof of compliance with said permit may be required ~.n a farm acceptable to the Administrator: prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or at any other reasonable time as determined by the Administrator. ARTICLE III. REDUCTION OE' POLLUTANTS IN STORMWATER Sec . 50 -19 General Requiremex~ts (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. The designated subject activities will be included within the identified priority area listings in the County's Storm Water Management Program. A subject activity may occur at a stationary facility or it may occur as a mobile activity that takes place at various jab sites. {b} All persons engaged in subject activities that may result in pollutants entering the County stone drain system, natural surface waters, or watercourses shall implement Best Management Practices (BMPs), to the maximum extent practicable, to prevent and/or reduce such 18 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 pollutants from entering nonstormwater discharges and/or stormwater discharges in accordance with Section 50-21, Best Management Practices, below. The California Stormwater Quality Association has published four stormwater best management practice handbooks covering construction, industrial and commercial, municipal, and new development and redevelopment that are approved for use by the Administrator to comply with this section. (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 that includes the dates of inspection or maintenance, whether BMPs were inspected or maintained, a description of any maintenance activity, and the name of the inspector or maintenance foreman. This record shall be on a form approved by the Administrator and shall be made available to the Administrator upon request. (d) Every person awning 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 other local, State and/or federally 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 19 1 7 4 5 6 7 8 9 lU ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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/ar 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. 'Sec. 5020 Containment and Notification of Spills (a) 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 illicit 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 lax release. (b) 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 (91.1). Said responsible person shall also notify the Administrator within 24 hours at (530) 538-7681. {c} Far a non-hazardous prohibited material spill or release that has been contained and cleaned up, said responsible person shall notify 20 1 2 4 5 6 7 9 ]0 12 13 ]4 15 lb 17 18 19 ~p 21 22 23 2~1 25 2b 27 28 the County Department of Public Works in person, by telephone, or facsimile no later than S:OO 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. (d) For any discharge subject to the reporting requirements of the State of California Water Cade Sections 13271 and 13272,natification in compliance therewith shall constitute sufficient notification for the purposes of this Section. Sec. SO-21 Best Management Fractices (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. (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 written 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 lextent practicable to prevent and reduce such pollutants. The owner or 2l 1 2 3 4 5 6 7 9 10 11 12 13 1~ 15 l( 17 18 19 20 21 22 23 24 25 2fi 27 z~ operator of a commercial or industrial establishment shall provide at the owner's or operator's expense all reasonable protection from discharge of prohibited materials ar 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. Sec. 5©-22 Administrative Rules and Regulations (a) 'the Administrator shall have the authority to implement all provisions of this Chapter by promulgation. of rules and regulations that are consistent with this Chapter. (b) Any rules and regulations proposed by the Administrator, or 'amendments thereof, shall be set for public hearing by the Board of Supervisors. 'the Board may adopt such rules and regulations by resolution. Notice of said hearing shall be published in a newspaper of general circulation ten calendar days before the public hearing. Such notice shall provide a reasonable summary of the content of the rules and regulations. 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 the proposed rules or regulations. However, neither the failure of the Administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from a rule or regulation. No rules or regulations adopted by the Board of Supervisors, or amendments thereof, shall be enforced ar became effective until thirty (30) calendar days following z2 1 2 3 4 5 6 7 9 !U 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 their adoption. ARTICLE TV. YNSPP~CTION AND MpNITORYNG Sec. 50-23 Authority to Enter and Inspect (a) The Administrator, ox' the Administrator's representative, has authority to conduct inspections related to purposes of implementing this Chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of the Chapter, including, but not limited to, visual evidence of an actual or potential violation of any provision of this Chapter, complaints received, knowledge or physical evidence of subject activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, discharge of non-stormwater to the County storm drain system or natural surface ;waters, or similar factors. (b) In the event the owner, occupant or operator refuses the (Administrator, or the Administrator's representative, entry to said property for purposes of conducting an inspection to determine compliance with this Chapter, the Administrator is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry by the use of an administrative inspection warrant or a criminal search warrant. (c) Whenever necessary to make an inspection to enforce any provision of this Chapter, or whenever the Administrator has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Chapter, the Administrator or his or her designee may enter such premises at all 23 1 3 4 5 G 7 9 10 11 12 1~ 14 IS 16 17 18 19 (} 21 22 23 ?4 25 26 27 ?g reasonable times to inspect the same and to inspect and copy records relating to compliance with the provisions of this Chapter. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the Administrator is hereby authorized to seek assistance from any court of competent jurisdiction to obtain such entry. Sec. 50-24 Authority to Sample, Establish Sampling Devices, and Test Authorization is hereby given the Administrator to enter private property and to take any samples and perforn~ any testing deemed necessary to aid in the pursuit of an investigation and to record site activities. Notwithstanding Section 50-19 (f) above, which requires the person owning, occupying, or operating the premises at his expense to supply the Administrator samples and testing results upon written notice, this Section gives the Administrator the authority to enter private property and take such samples and perform such tests deemed necessary in a stormwater violation investigation. Sec. 50-25 County Inspection of Stormwater Conveyance System County staff will inspect and monitor the stormwater conveyance system to determine if illicit connections are present and if illicit discharges are entering the stormwater conveyance system, County storm drain system, or natural surface waters. If illicit discharges are detected, County staff will inspect the system to determine the source of the illicit discharge. County staff will notify the Administrator upon the detection of illicit connections and illicit discharges so that the provisions of this Chapter can be implemented. Regular inspection of the stormwater conveyance system will also include periodic sampling of the storn~water to monitor its quality. The County will impose a fee (based 24 1 3 4 S 6~ 7' 8 9 10 11 12 l3 1~ 18 16 17 18 19 '' 0 21 22 23 24 28 26 27 78 upon a tee schedule adopted pursuant to Section 50-26? for inspections of private stormwater collection system discharges to the County system. Sec. 50-26 Fee Structure Authorized The Administrator shall collect such fees as established by the Board of Supervisors to provide for the recovery of regulatory costs, including, but not limited to, routine inspections and other regulatory functions associated with implementation of this Chapter. AR'T'ICLE V. VZOI,ATZONS, ENFORCEMENT AND ABATEMENT Sec. 50-27 Violat~.ons It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. A violation or failure to comply with any of the requirements of this Chapter shall be subject to enforcement actions pursuant to Butte County Code Chapter 41. Sec. 50-28 Violations Deemed a Public Nuisance In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance as defined in Butte County Code Chapter 32A_z and may be summarily abated or restored by the County at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel. the cessation of such nuisance may be taken by the County. 2S 2 4 5 6 7 8 g 10 11 l2 13 14 15 1G 17 18 19 2a 21 22 2; 24 ~~ 26 2~ 28 Sec. 50-29 Compliance with an Existing NPDES Permit Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Administrator: prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action.; or at any other reasonable time as determined by the Administrator. Sec. 50-30 Potential Violation of the Federal and/ar State Stormwater Acts Any person who violates any provision of this Chapter or any provision of any requirement issued pursuant to this Chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Water Quality Control Act and may be subject to sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Chapter may also include written notice to the violator of ;such potential liability. llSec. 50-31 Enforcement Authority (a) Any person .who violates a provision of this Chapter is subject to either, administrative, civil, or criminal liability as provided in the Butte County Code. (b} The Administrator is granted the authority to use any of the provisions of Sections 54-34 through 50-37, where appropriate, and Chapter 41 to correct violations of and to secure compliance with the provisions of this Chapter. 2b 1 4 5 G 7' 8 9 lU 11 12 ]3 14 15 ]6 17 18 19 ~p 21 22 23 24 25 25 27 28 Sec. 50-32 Notice of Violation (al Whenever the Administrator determines that any person has violated this Chapter, or that a violation may occur, the Administrator may provide a warning to the person responsible for the condition giving rise to such violation or potential violation. At the Administrator's discretion such warning may include the distribution of educational materials to assist in future compliance with this Chapter. Issuance of a warning shall not be a requirement prior to using any enforcement provisions of this Chapter. (b1 Whenever the Administrator determines that a violation has accurred, or may occur, the Administrator may serve a Notice of Noncompliance to any person responsible far the violation or potential violation as specified in Chapter 41. Each Notice of Noncompliance may also contain the following information: (1) The date of the violation; (2} The address or a definite description of the location where the violation occurred; (3} The Chapter Section violated and a description of the violation; (4} A description of how the violation can be corrected; (5} A time limit by which the noncompliance shall be corrected; (6} A description of further enforcement and/or corrective actions to be taken by the County if noncompliance is not fu11y corrected by the time limit; (7} The name and signature of the individual preparing the Notice of Noncompliance; and 27 7 3 4 5 G 7 9 10 11 12 13 14 ]5 i6 17 ]8 19 20 21 22 23 24 ~~ 26 ~~ 28 (8} Notice of potential liability under the Clean Water Act or Porter-Cologne Water Quality Act. (c} In lieu of or following the procedures set forth in subsections (a} and (b), above, if the Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Administrator may order compliance by issuing a written notice of violation as specified in Chapter 41 to the responsible person. Such notice may also requixe without limitation the following: (x)~ The performance of monitoring, analyses, and reporting; {2} The elimination of illicit connections or discharges; (3) The violating discharges, practices, or operations shall cease and desist; _ (4) The abatement or remediation of stormwater pollution or contamination and the restoration of any affected property; (5) Payment of a fine to cover administrative and remediation costs; and (6) The implementation or maintenance of source control facilities or treatment BMP's. (7) Notice of potential liability under the Clean water Act or the Porter-Cologne Water Quality Act. (d} If abatement for a violation and/or restoration of affected property is required, notices and deadlines for remediation or restoration shall be as specified in Chapter 41. Notices shall further advise that, should the violator fail to remedy or restore within the established deadline, the work will be done by the County or a contractor designated by the Administrator and the expense thereof shall be charged to the violator pursuant to Section 50-35 below. ?g 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 2] 22 23 24 25 2G 27 28 Sec. 50-33 Appeal. Any person receiving a written notice of violation under Section 50- 32 above, or aggrieved by any other action or determination of the Administrator, may appeal by filing a written notice of appeal, together with an appeal fee in the amount specified in Section 3-43(1.) of this Code, with the Clerk of the Board. The appeal must be filed within thirty (30} calendar days of the notice, action or determination. Sec. 50-34 Abatement by County 3f the violation has not been corrected pursuant to the requirements set forth in Section 50-32 above, or in the event of a denial of an appeal under Section 50-33, then the County or a contractor designated by the Administrator may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It snail ne urlldwiui ~~~. a==Y ~--~~----~ --••°--- - agent or person in possession of any premises to refuse to allow the Administrator or designated contractor to enter upon the premises for the purposes set forth above. Tn the event the person, owner, agent or person in possession refuses the Administrator or designated contractor said entry, the Administrator is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry. Sec. 50-35 Charging Cost of Abatement/Liens After abatement of the nuisance by the County, the Administrator shall notify the property owner of the cost of abatement, including administrative costs. The bill shall also state that failure to pay the Abatement and Administx'ative Costs within fifteen (15} days from service of the bill may result in the recording of a lien and the placement of a 29 1 2 5 6 7 8 9 la 11 l2 l :i ]4 l5 16 l7 18 l9 20 21 22 23 24 25 26 27 28 special assessment against the property per Butte County Code Section 32A-5 (j) , {k) , (1) , and (m) . Sec. 54-36 Compensatory Action In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the Administrator may impose upon a violator alternative compensatory action, including but not limited to performing storm drain stenciling or marking, attendance at compliance workshops or creek cleanups, or other activities that raise awareness of storm water pollution. Sec. 50-37 Urgency Abatement The Administrator is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the Administrator, the County is authorized to enter onto private property and to take any and all measures required to remedy the violation. In the event the person, owner, agent or person in possession refuses the Administrator or designated contractor said entry, the Administrator is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry. Any expense related to such remediation undertaken by the County shall be fully reimbursed by the property owner and/or responsible party." SECTION 2. Section 41-~. of Chapter 41, Entitled "Code Enforcement Policies and Procedures," of the Butte County Code is amended to read as follows: 34 1 2 3 4 5 6 7 8 9 10 11 12 13 ] ~} i5 l6 17 18 19 2Q 21 22 23 24 25 26 27 2S "41-1. Purpose. The following policies and procedures are adopted to implement a program of enforcement of Butte County's zoning, bui}.ding, sanitation and other ordinances contained in the following chapters of this Code: Chapter 10, Highways and Streets; Chapter 11, Junk Dealers, Pawnbrokers and Secondhand Dealers; Chapter 13, Grading and Mining; Chapter 14, Motor Vehicles and Traffic; Chapter 19, Sewage Disposal.; Chapter 23B, Water wells; Chapter 24, Zoning; Chapter 26, Buildings; Chapter 26A, Underground Utility Districts; ~ ` Chapter 28A, Mabilehome and Mobilehome r Lot Standards; Chapter 28B, State Housing Law Requirements; Chapter 31, Solid Waste Collection Mana ement and Recycling; Chapter 32, Naming of Streets and Highways; Numbering properties and Principal Buildings; Chapter 33, Groundwater Conservation; aad Chapter 37, Underground Hazardous Substance Storage p'acilities,;,,, and Cha ter 50 5tormwater Ordinance." SECTION 3. Section 41-3 of Chapter 41, Entitled "Code Enforcement policies and Procedures," of the Butte County Code, is amended to read as follows: "41-3 Powers and duties of code enforcement officers. (a)Enforcement Duties: Each code enforcement officer shall have the duty to enforce the provisions of chapters 10, 11, 13, 14, 19, 23B, 24, 26, 26A, , 31, 32, 33, 37, artd 41 and 50 of this Code. (b) Right of Entry: Whenever necessary to enforce any of the provisions of said chapters, or whenever a code enforcement officer has reasonable cause to believe that there exists in or upon any premises any such violation which makes such premises unsafe, dangerous or hazardous, 31 1 2 3 4 5 6 7 8 9 10 lI 12 13 14 15 16 l7 18 19 7~ 2] 22 23 2~4 25 26 27 28 the code enforcement officer may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the code enforcement officer by this chapter; provided, that if such premises be occupied, he or she shall first identify himself or herself as a Butte County Code Enforcement Officer and request entry; and if such premises be unoccupied, he or she shall first make a reasonable effort to locate the violator and request entx'y_ If such entry is refused, the code enforcement officer shall have recourse to every remedy provided by law to secure entry. (c) Issuance of Citations: {~.) Each code enforcement officer is hereby authorized to issue citations for violations of the provisions of the chapters of this Code which they have the duty to enforce. Upon referral of a matter by the affected department to the appropriate code enforcement officer, the code enforcement officer shall contact the alleged violator; and, unless the violation has then been abated, the code enforcement officer shall issue ,a citation to the violator. (~) Prior to issuance of a citation, the code enforcement officer shall identify himself or herself as a county code enforcement officer. The code enforcement officer shall then request the alleged violator, and the alleged violator shall be required, to present his or her driver's license or other satisfactory evidence of his or her identity for examination. (3) The citation shall state a tame and date and place at which the alleged violator shall appear in court to answer the charges stated in the citation_ The appearance date shall be at least ten {10) days after the date of the citation." 32 1 2 3 5 6 7 8 9 10 1] i2 la 1 ~1 15 16 17 I8 19 zo 21 ~? 23 ?~ 25 ?~ 27 ~g SECTION 4. Section 41-5 of Chapter 41, Entitled "Cade Enforcement Policies and Procedures," of the Butte County Code, is amended to read as follows: "41.-5 Violation; penalties. (a} Violations Charged and Punished as Infractions: Notwithstanding any provision of this Code to the contrary in chapters ~,0, 11, 13, 14, 19, 23B, 24, 26, 26A, 28A, 28B, 31, with the exception of Section 31-63 of Article VII of Chapter 31, 32, 33, 37, ar~d 41, and 50~ whenever any provision in any of such chapters provides that any act is prohibited or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision may be charged as an infraction punishable by imposition of the following fines: (1} Upon a first conviction, a fine of one hundred dollars ($100.00); (2) Upon a second conviction of violating the same chapter of this Code within the twelve (12} month period immediately preceding the commission of the current violation, a fine of two hundred dollars (3) Upon a third conviction of violating the same chapter of this Code within a twelve (12) month period immediately preceding the commission of the current violation, a fine of five hundred dollars ($soo.ao) . (b) Each Day a Separate Offense: Each and every day or portion thereof that a person violates or continues to violate any such provision of any of such chapters constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior 33 1 2 3 4 5 6 S 9 la tl 12 ]3 14 iS ]6 17 18 19 20 21 22 23 24 7j 26 z7 28 violation. (c) Misdemeanors. Any violation which may be otherwise charged and punishable as an infraction pursuant to subsection (a) of this section may be charged and punishable as a misdemeanor if the defendant has been convicted of three (3? ar more violations of the same chapter of this Code within the twelve (12) month period immediately preceding the commission of the current violation. For purposes of this subsection, a bail forfeiture or a plea of nolo contendere shall be deemed to be a conviction." Section 6. ~everabilzty. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 7. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the ,Chico Enterprise Record a newspaper of general circulation published in the County of Butte, State of California. 34 1 7 3 4 5 6 7 8 9 l0 li l2 13 14 15 16 17 18 19 20 21 22 23 24 2~ 26 27 28 PASSEIJ AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the _ 11th day of tans, by the following vote: Supervisors, Connelly, Dolan, Yamaguchi, Kirk, and Chair ,Tosiassen AYES: NOES: None ABSENT: None NOT VOTxNG: None Curt Sias en, Chair of the Butte oun Board of Supervisors ATTEST: C. Brian Haddix, Chief Administrativ Officer and C1er,3rJ ot,~.e ,Board $y G:\ORDINANCS\stormwaterordinance -12-68.wpd 35