Chapter 16.12 DISPOSAL OF WATER AND SEWAGE IN UNINCORPORATED AREAS

It is unlawful for any person, firm, corporation, district or other public agency to discharge in the unincorporated areas of the county sewage or industrial waste or the effluent of treated sewage or industrial waste originating in any water basin or natural surface water drainage area located entirely outside the boundaries of the county. (Ord. 255 § 1, 1965)

16.12.020 Discharge declared nuisance when.

The discharge of any sewage or industrial waste or effluent of treated sewage or industrial waste, contrary to the provisions of this article, shall be and the same is declared to be unlawful and a public nuisance and the district attorney shall, upon order of the board of supervisors, commence proceedings for the abatement, removal and enjoinment thereof in the manner provided by law. (Ord. 255 § 3, 1965)

16.12.030 Violation—Penalty.

Any person, firm, corporation, district or other public agency, whether as principal agent, employee or otherwise, violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine not to exceed five hundred dollars or by imprisonment in the County Jail for a term not to exceed six months, or by both such fine and imprisonment. Such person, firm, corporation, district or public agency shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, firm, corporation, district or other public agency. (Ord. 255 § 2, 1965)

16.12.040 Remedies deemed cumulative.

All remedies provided for herein shall be cumulative and not exclusive. (Ord. 255 § 4, 1965)

Article II. Discharges from Facilities Serving More than Three Thousand Inhabitants

16.12.050 Unlawful discharge.

It is unlawful for any person, firm, corporation, district or other public agency operating a sewer system or facility serving more than three thousand inhabitants to discharge any sewage or industrial waste or effluent or any treated sewage or industrial waste, directly or indirectly, by means of percolation from surface reservoirs, sewage wells, or otherwise into the public waters of the unincorporated areas of the county described as follows:

A. The west fork of the Carson River and all tributaries thereof upstream from one-half mile below the county highway bridge located on Alpine County Road No. 3 and crossing said west fork of the Carson River in Alpine County, California.

B. Markleeville Creek and all tributaries thereof upstream from the highway bridge located on State Sign Routes 4 and 89 and crossing said Markleeville Creek at Markleeville, Alpine County, California.

C. The east fork of the Carson River and all tributaries thereof upstream from that bridge commonly known as Hangman’s Bridge located on State Sign Routes 4 and 89 and crossing the east fork of the Carson River in Alpine County, California. (Ord. 256 § 1, 1965)

16.12.060 Discharge declared nuisance when.

16.12.070 Violation—Penalty.

Any person, firm, corporation, district or other public agency, whether as principal agent, employee or otherwise, violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the County Jail for a term not to exceed six months, or by both such fine and imprisonment. Such person, firm, corporation, district or public agency shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, firm, corporation, district or other public agency. (Ord. 256 § 2, 1965)

16.12.080 Remedies deemed cumulative.

All remedies provided for in this article shall be cumulative and not exclusive. (Ord. 256 § 4, 1965)

Article III. Discharge Reports and Restrictions

16.12.090 Definitions.

As used in this article:

A. “Contamination” means an impairment of the quality of the public waters by sewage or industrial waste to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from a disposal of sewage and industrial waste whether or not public waters are affected.

B. “District attorney” means the district attorney of the county.

C. “Industrial waste” means any and all liquid or solid waste substances not sewage from any producing, manufacturing or processing operation of whatever nature.

D. “Person” means and includes any firm, corporation, association, district or other public agency.

E. “Nuisance” means damage to any community by odors or unsightliness resulting from unreasonable practices in the disposal of sewage or industrial waste.

F. “Pollution” means an impairment of the quality of the public waters by sewage or industrial waste or the effluent from treated sewage and industrial waste to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic, industrial, agricultural, recreational or other beneficial use.

G. “Public waters” means “waters of the state” located within the county.

H. “Sewage” means any and all waste substance, liquid or solid, associated with human habitation or which contains or may be contaminated with human or animal excreta or excrement, offal or any feculent matter.

I. “Waters of the state” means any water, surface or underground, including saline waters, within the boundaries of the state as defined and described in Section 1 of Article XXI of the Constitution and as given greater precision in Sections 170, 171 and 172 of the Government Code. (Ord. 257 § 2, 1965)

16.12.100 Declaration of policy.

It is declared to be the policy of the board of supervisors of the county to prevent the pollution and contamination of the public waters within the county and to preserve the public waters within the county in their natural state of beauty, clarity and purity for the following beneficial uses: domestic; fishing and other recreational uses; irrigation and power. (Ord. 257 § 1, 1965)

16.12.110 Proposed discharge—Report.

Any person proposing to discharge sewage or industrial waste or the effluent of treated sewage or industrial waste in the unincorporated areas of the county shall file with the board of supervisors a report of such proposed discharge. The reporting of a proposed discharge of sewage from one single-family dwelling may be waived by the board of supervisors. The board of supervisors, after a public hearing, shall prescribe conditions, restrictions, limitations, and requirements as to the nature of such discharge with relation to the conditions existing from time to time in the disposal area or receiving waters upon or into which the discharge is proposed to be made and notify the person proposing the discharge of its action. Such conditions, restrictions, limitations and requirements may be revised from time to time. After receipt of such notice the person so notified shall comply with, and conform to, any such conditions, restrictions, limitations and requirements with respect to the discharge of sewage and industrial waste, or the effluent of treated sewage or industrial waste. (Ord. 257 § 3, 1965)

16.12.120 Change in discharge—Report.

Any person discharging sewage or industrial waste, or the effluent of treated sewage or industrial waste, within the unincorporated areas of the county shall file with the board of supervisors of the county a report of any material change or proposed change in the character, location or volume of the discharge. The board of supervisors, after public hearing, shall prescribe conditions, restrictions, limitations and requirements or revised conditions, restrictions, limitations and requirements as to the nature of such discharge with relation to the conditions existing from time to time in the disposal area or the receiving waters upon or into which the discharge is made or proposed and notify the person making or proposing the discharge of its action. Such conditions, restrictions, limitations and requirements may be revised from time to time. After receipt of such notice the person so notified shall comply with, and conform to, any such conditions, restrictions, limitations and requirements or revised conditions, restrictions, limitations and requirements with respect to the discharge of sewage and industrial waste or effluent from treated sewage and industrial waste. (Ord. 257 § 4, 1965)

16.12.140 Waste assimilation capacity guidelines.

The board of supervisors in prescribing conditions, restrictions, limitations and requirements, bearing in mind threats to the public health, the aquatic habitat and other beneficial and recreational uses, need not authorize the utilization of the full waste assimilation capacities of the receiving waters. (Ord. 257 § 5, 1965)

16.12.150 Discharge reports—State filing requirements.

If any person is required by state law to file a report of any proposed discharge or proposed change in discharge of sewage or industrial waste or effluent of treated sewage or industrial waste with any regional water quality control board of the state, then on filing with the board of supervisors of the county a report of any proposed discharge or proposed change in the character, location or volume of discharge, such person making or proposing the discharge or proposed change shall also file a copy of the report of such proposed discharge or proposed change filed with such regional water quality control board of the state, together with a copy of the requirements or revised requirements prescribed by such regional water quality control board of the state. (Ord. 283 § 1, 1968: Ord. 257 § 7, 1965)

16.12.160 Failure to file report—Unlawful.

It is unlawful for any person to fail to file a report as required in Sections 16.12.110 and 16.12.120. (Ord. 257 § 8, 1965)

16.12.170 Failure to file report—Injunction.

Upon failure of any person or persons to file a report as required by Sections 16.12.110 and 16.12.120, the board of supervisors may certify the facts to the district attorney and the district attorney shall petition a court of competent jurisdiction for the issuance of an injunction requiring such person or persons to file the required report and restraining such person or persons from discharging sewage or industrial waste or effluent from treated sewage and industrial waste within the county until the required report has been filed. (Ord. 257 § 9, 1965)

16.12.180 Investigative authority.

The board of supervisors may investigate any source of water pollution, contamination or nuisance within the county and may require that any person discharging sewage or industrial waste or the effluent from treated sewage or industrial waste within the county furnish such technical reports as the board may specify. (Ord. 257 § 10, 1965)

16.12.190 Failure to furnish technical report a misdemeanor.

Any person failing or refusing to furnish technical reports as required by this article is guilty of a misdemeanor. (Ord. 257 § 11, 1965)

16.12.200 Unlawful discharge—Cease and desist order.

When the board of supervisors finds that the discharge of sewage or industrial waste or the effluent from treated sewage or industrial waste within the county is taking place contrary to any conditions, restrictions, limitations or requirements prescribed by the board of supervisors under the provisions of this article, the board shall issue an order to cease and desist and direct that those persons not complying with the requirements comply forthwith. (Ord. 257 § 12, 1965)

16.12.210 Noncompliance with cease and desist order—Petition for injunction.

Upon failure of any person or persons to comply with any such cease and desist order of the board of supervisors, the board of supervisors shall certify the fact to the district attorney whereupon the district attorney shall petition a court of competent jurisdiction for the issuance of an injunction restraining such person or persons from continuing the discharge in violation of the conditions, restrictions, limitations or requirements. (Ord. 257 § 13, 1965)

16.12.220 Court appearance requirements.

Upon the filing of a petition by the district attorney pursuant to Section 16.12.210, the court may thereupon issue an order directing the person or persons to appear before the court and show cause why the injunction should not be issued. Thereafter, the court shall have jurisdiction of the matter and proceedings thereon shall be conducted in the same manner as in any other action brought for an injunction. The court shall receive in evidence the order of the board, evidence as to the validity and reasonableness of the board’s requirements as previously established, and such further evidence as the court in its discretion deems proper. (Ord. 257 § 14, 1965)

16.12.230 Abatement proceedings.

Any discharge of sewage and industrial waste or the effluent from treated sewage or industrial waste, contrary to the provisions of this article, shall be, and the same is hereby declared to be unlawful and a public nuisance and the district attorney shall, upon order of the board of supervisors, commence proceedings for the abatement, removal and enjoinment thereof in the manner provided by law. (Ord. 257 § 15, 1965)

16.12.240 Remedies deemed cumulative.

All remedies provided for in this article shall be cumulative and not exclusive. (Ord. 257 § 16, 1965)

16.12.250 Violation—Penalty.

Any person, whether as principal, agent, employee or otherwise violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine not to exceed five hundred dollars, or by imprisonment in the County Jail for a term not to exceed six months, or by both fine and imprisonment. Such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person. (Ord. 257 § 18, 1965)