CHAPTER 27. STORM WATER QUALITY AND REGULATION

ARTICLE 1. GENERAL PROVISIONS

4-27-1000 TITLE:

This Chapter shall be known as the "Storm Water Quality and Regulation Ordinance" of the County of Tulare and may be so cited.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1005 PURPOSE:

The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of Tulare County through the regulation of non-storm water discharges to the storm drainage systems owned by the County of Tulare (also known as the "Municipal Separate Storm Sewer System" or "MS4"), to the maximum extent practicable as required by Federal and state law, including but not limited to the Clean Water Act (33 U.S.C. §1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments. This Chapter establishes methods for controlling the introduction of pollutants into the storm drain system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Chapter are:

(1)    To regulate the contribution of pollutants by a Person to the storm drain system;

(2)    To prohibit Illicit Connections and Discharges to the storm drain system;

(3)    To establish legal authority to carry out all inspection, surveillance monitoring and enforcement procedures necessary to ensure compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1010 NOT EXCLUSIVE REGULATION:

This Chapter is not the exclusive regulation of watercourse, water bodies, and groundwater. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the Federal, State, the County, or any other legal entity or agency having jurisdiction.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1015 APPLICABILITY:

This Chapter shall apply to all discharges entering the County-owned MS4s generated on any developed and/or undeveloped lands lying within the unincorporated areas of the County.

Agricultural discharges are regulated by State Water Resources Control Board (SWRCB) and/or Regional Water Quality Control Board (RWQCB) pursuant to waiver and/or formal policy and therefore are exempt from this Chapter provided compliance with all relevant permit, waiver or policy conditions established by the SWRCB or RWQCB are maintained to the satisfaction of SWRCB or RWQCB.

In the event that any section of this Chapter conflicts with any County or other enforceable standard of discharges, the more stringent standard shall apply.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1020 RESPONSIBILITY FOR ADMINISTRATION:

The Director, or designee, shall administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed upon the County of Tulare Resource Management Agency, may be delegated in writing by the Director to person or entities acting in the beneficial interests of or in the employ of the County of Tulare.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1025 SEVERABILITY:

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person, responsible party, establishment, or circumstances shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions or application of this Chapter.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1030 REGULATORY CONSISTENCY:

This Chapter shall be construed to assure consistency with the requirements of the Clean Water Act (33 U.S.C. §1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments, and any applicable implementing regulations.

(Added by Ord. No. 3438, effective 9-13-12)

ARTICLE 2. DEFINITIONS

4-27-1080 DEFINITIONS:

For the purposes of this Chapter, the following words shall be defined as follows:

"Authorized Enforcement Agency" means the County of Tulare Resource Management Agency is designated as the agency responsible for enforcement of this Chapter.

"Authorized Non-Storm Water Discharges" means certain categories of discharges that are not composed entirely of storm water but which have not been found to pose a threat to local water quality. Authorized non-storm water discharges (as defined in Water Quality Order No. 2003-005-DWQ) include:

Potable water line flushing

Landscape irrigation

Diverted stream flows

Rising ground waters

Irrigation water

Water from crawl space pumps

Lawn watering

Flows from Riparian Habitats and Wetlands

Unpolluted pumped groundwater

Foundation Drains

Discharges from potable water sources

Air conditioning condensate

Springs

Footing drains

Individual residential car washing

Dechlorinated swimming pool discharge

Street wash water

Discharges or flows from emergency fire fighting activities

Uncontaminated ground water infiltration (as defined at 40 C.F.R. § 35.2005(b)(20)) to a storm drain system

Any other discharge listed in 40 C.F.R. Section 122.34(b)(3)(iii)

Notwithstanding the above, in the event that any authorized non-storm water discharge is found by the Director, or designee, to cause or contribute to any failure to meet water quality standards or cause or substantially contribute to a condition of nuisance or pollution, the discharge is deemed pollution and is prohibited whether or not it appears on this list.

"Best Management Practices (BMPs)" includes schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent, control, reduce or remove the discharge of pollutants directly or indirectly to storm water, receiving waters, waters of the United States, or a County-owned storm drain system. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage (40 C.F.R. Section 122.2).

"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), and any subsequent amendments thereto.

"Construction Activity" means activities subject to NPDES Construction Permits or a grading permit pursuant to Tulare County Excavation and Grading Ordinance, Article 7 of Chapter 15 of Part VII of this Ordinance Code, and any construction projects resulting in total land disturbance of one acre or more. Construction activity also includes the disturbance of less than one acre that is part of a larger common plan of development or sale that will ultimately disturb at least one acre. Such activities include but are not limited to clearing and grubbing, grading, excavating, demolition, and construction, but do not include disking and other actions for preparing fields for planting or harvesting.

"County" means the County of Tulare.

"Director" means the appointed Director of the County of Tulare Resource Management Agency, or designee.

"Direct Connection/Discharge" means a connection or discharge to an on-site drain inlet or a pipe connecting the MS4.

"Groundwater" means any naturally occurring subsurface water, including springs. Groundwater may be contaminated through contact with contaminated soil or manmade buried material.

"Hazardous Materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, physical, chemical, or infectious characteristics may cause, or substantially 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. California Health and Safety Code § 25117.

"Hazardous Waste" means waste substance that can pose a substantial or potential hazard to human health or the environment when improperly managed. The definition of hazardous waste and regulations pertaining to hazardous waste refer to Chapters 10 through 32 of Division 4.5 of Title 22 of the California Code of Regulations.

"Illegal Discharge" means any direct or indirect non-storm water discharges to a County-owned storm drain system, except as exempted in this Chapter. An Illegal Discharge does not include Permitted Non-Storm Water Discharges that comply with permit and waste discharge requirements specified by the Regional Water Quality Control Board (hereinafter, Regional Board or RWQCB). An illegal discharge is assumed to have occurred if prohibited material is placed, blown, washed, tracked or in any way allowed to accumulate in any part of the County-owned MS4 so that it can be conveyed by storm water.

Illicit Connections.

Any illicit connection is defined as either of the following:

1.    Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the County-owned storm drain system, including, but not limited to, any conveyances that allow any non-storm water discharge including sewage, process wastewater, pool or spa water, and wash water to enter the County-owned storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed, permitted, or approved by an authorized enforcement agency; or

2.    Any drain or conveyance connected from a commercial or industrial land use to the County-owned storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency; or

3.    Any unpermitted connection of a storm water system to the publicly owned treatment works (POTW).

"Indirect Connection/Discharge" means a surface connection or discharge to an off-site drain inlet or pipe system connecting to the County-owned MS4.

"Industrial Activity" means any activity subject to NPDES Industrial Permits as defined in 40 C.F.R. § 122.26 (b)(14) and as required by 33 U.S.C. §1342, as amended.

Illicit Discharge. See Illegal Discharge.

"MS4" or "Municipal Separate Storm Sewer System" means County of Tulare-owned Municipal Separate Storm Sewer System. See Storm Drain System.

"National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.C. Section 1342(b)) that authorizes the discharge of pollutants to Waters of the United States, whether the permit is applicable to an individual, group, or general area-wide basis. The State Water Resources Control Board (SWRCB) has adopted general storm water discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.

"Non-Storm Water Discharge" means any discharge to the storm drain system that is not composed entirely of storm water.

"Nuisance" includes anything which is injurious to human health, or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life, or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, creek, bay, stream, canal, basin, any public park, square, street, or highway. The extent of annoyance or damage inflicted upon the individual or group of individuals may be unequal. A nuisance may be the result of the storage, removal, transport, processing, spillage, deposit or disposal of liquid, solid, gaseous, radioactive or infectious substance into or onto an area that may cause contamination, or pollutants to enter into Waters of the United States.

"Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.

"Permitted Non-Storm Water Discharge" means any non-storm water discharge that is regulated through an NPDES permit, discharge exemption or waiver, issued to the discharger by the EPA, (or by a State under authority delegated pursuant to 33 U.S.C. Section 1342(b)) which authorizes the discharge of pollutants to the Waters of the United States.

"Pollutant" means all those "pollutants" defined in Section 502(6) of the federal Clean Water Act (33 U.S.C. Section 1362(6)), or California Water Code Section 13373. "Pollutant" includes anything that causes or substantially contributes to pollution. Examples of pollutants include, but are not limited to the following:

1.    Commercial and industrial waste (such as paints, varnishes, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge);

2.    Metals, dissolved and particulate metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals such as phosphorus and arsenic;

3.    Petroleum hydrocarbons (such as fuels, lubricants, surfactants, oils, solvents, coolants, grease and other automotive fluids) except for naturally occurring petroleum seeping to the surface;

4.    Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of receiving waters, flora or fauna;

5.    Human wastes such as sewage, septic effluent or gray water discharge;

6.    Animal wastes (such as occur in confinement facilities, kennels, pens, recreational facilities, stables, and show facilities) which are not adequately controlled and disposed of;

7.    Residential hazardous substances or wastes;

8.    Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or levels of fecal coliform, fecal streptococcus, entercoccus, or pathogens that represent potential for adverse affects on human health;

9.    Otherwise lawful material such as pesticides, herbicides, and fertilizers, whose improper use or storage causes or contributes to pollution;

10.    Non-hazardous liquid, solid wastes, and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects;

11.    Wastes and residues that result from constructing a building or structure and which are not controlled so as to prevent migration off site.

"Pollution" means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. (California Water Code, Section 13050) or "man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water." (33 U.S.C. § 1362(19)).

"Porter-Cologne Act" means the Porter-Cologne Water Quality Control Act and as amended California Water Code § 13000 et seq.

"Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

"Public Nuisance" is a nuisance, which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

"Regional Board" means the Central Valley Regional Water Quality Control Board (RWQCB). "Regional Board" also means the Regional Board Executive Officer acting pursuant to a valid delegation of authority.

"Responsible Party" means every owner, tenant, lease, agent, occupant or other Person answerable for the day-to-day operation or otherwise in charge of any residential, commercial or industrial premises in the county, including the proprietor or manager of any commercial premises.

"Storm Drain System" means a County-owned MS4 or Municipal Separate Storm Sewer System. County-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, ditches, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the unincorporated areas of the County and not part of a publicly owned treatment works as defined at 40 C.F.R. § 403.3 and 40 C.F.R. §122.2, also known as a sanitary sewer collection and treatment system. A County-owned MS4 is owned, maintained and operated by the County. The piped portion of this system includes the enclosed pipelines, catch basins, manholes, and junction structures.

"Storm Water" means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

"Storm Water Pollution Prevention Plan" means a document prepared by a State qualified permit applicant which describes the Best Management Practices and activities to be implemented by a responsible party or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to a storm drain system. This is a "living" document, meaning it must be adjusted during the course of the Construction Activity to adapt to new or unforeseen conditions and changing work to maintain compliance with the requirements of this Chapter.

"Waste Discharge Identification Number" or "WDID" means the identification code used by the State to assign to projects that are officially enrolled under the Statewide General Storm Water Permit.

"Wastewater" means any water or other liquid, other than uncontaminated storm water, discharged from a facility.

"Waters of the United States" means surface watercourses and water bodies included in the definition of "waters of the United States" in 40 C.F.R. Section 122.2. For purposes of this Chapter, "waters of the United States" includes 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 water at and during all times and seasons.

(Added by Ord. No. 3438, effective 9-13-12)

ARTICLE 3. REGULATIONS

4-27-1140 ULTIMATE RESPONSIBILITY:

The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend nor imply that compliance by any responsible party will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into or upon waters of the United States caused by said responsible party. This Chapter shall not create liability on the part of the County of Tulare or any agent or employee thereof for any damages that result from any discharger’s reliance on this Chapter or any administrative decision lawfully made thereunder.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1145 DISCHARGE PROHIBITIONS:

(a)    Waste Disposal 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, road, alley, sidewalk, component of a County-owned storm drain system, or Water of the United States, any refuse, rubbish, garbage, litter or other discharged or abandoned objects, articles and accumulations, including, but not limited to, dirt, green waste and animal waste, so that the same may cause or contribute to pollution. Wastes disposed in proper waste receptacles for the purposes of routine collection are exempted from this prohibition.

(b)    Prohibition of Illegal Discharges.

1.    No Person shall discharge or cause to be discharged into a County-owned storm drain system 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 storm water.

2.    The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

i.    Authorized non-storm drain system water discharges will not be considered a source of pollutants to a County-owned storm drain system and are exempt from discharge prohibitions established by this Chapter, when properly managed to ensure that potential pollutants are not present. Therefore such discharges shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Clean Water Act, (33 U.S.C. §1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments, of this Chapter, or are determined by the Director to create a public nuisance, or are determined by the Regional Board to be a significant contributor of pollutants to a County-owned storm drain system.

ii.    Discharges specified in writing by the Director as being necessary to protect public health and safety or discharges as a result of emergency operations by a public agency.

iii.    Dye testing is an allowable discharge, but requires a written notification to the Director ten (10) days prior to the time of the test.

4.    The prohibition shall not apply to any non-storm water discharge permitted under any NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency or Regional Board; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval from the enforcement agency has been granted for any discharge to the storm drain system. Proof of waiver, discharge order or exemption shall be furnished to the Director upon request.

5.    Some non-storm water discharges that do not require an NPDES permit and are not a source of pollutants to a County-owned storm drain system include uncontaminated groundwater, air conditioning condensation, uncontaminated flows from roof, foundation, footing, or French drains (not including active groundwater dewatering systems), flows from riparian habitats and wetlands, residential car washing and fire fighting flows. With written concurrence with the Regional Water Quality Control Board, the Director may exempt in writing other non-storm water discharges that are neither a source of pollutants to a County-owned storm drain system nor the waters of the United States.

6.    The owner of a property demonstrated to be the source of a non-storm water discharge or source of pollution shall be considered responsible for the control or abatement of that non-storm water discharge or pollution even if that discharge or pollution enters a County-owned storm drain system after crossing another property or properties.

(c)    Prohibition of Illicit Connections.

1.    The construction, use, maintenance or continued existence of illicit connections to a County-owned storm drain system or POTW is prohibited.

2.    The Director may require by written notice that a Person responsible for an illicit connection to a County-owned storm drain system or POTW comply with the requirements of this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors to eliminate or secure approval for the connection by a specific date, regardless of whether or not the connection or discharge to it has been established or approved prior to the effective date of this Chapter, remediate the pollution and restore the affected property within a specified time or by a specified date, to discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. This prohibition of illicit connections expressly includes, without limitation, illicit connections made before the effective date of this Chapter, regardless of whether the connection was permissible under County Code or practices applicable or prevailing at the time of connection.

3.    Not withstanding subsection 2, such illicit connections must be eliminated no later than thirty (30) days after the effective date of this Chapter. If, subsequent to eliminating a connection found to be in violation of this Chapter, the responsible party can demonstrate that an illegal discharge could no longer occur, said responsible party shall request written approval from the Director to reconnect, prior to any reconnection being made. The reconnection or reinstallation of the connection shall be at the responsible party’s expense.

4.    A responsible party is considered to be in violation of this Chapter if the responsible party connects a line that could convey sewage to a County-owned storm drain system, or allows such a connection to continue.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1150 DISCHARGE IN VIOLATION OF PERMIT:

Any discharge not managed in accordance with the County’s storm water management program, NPDES permit, or any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify, and hold harmless the County against any litigation, administrative proceeding, claim, expense, liability, fine, penalty or payment for injury or damage to any person or property resulting from such discharges.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1155 ANIMALS:

(a)    Property Maintenance. Where it is determined by the Director or by the Regional Water Quality Control Board that an area used by animals is affecting water quality, the Director will require the property or facility owner to implement measures to eliminate the pollution and prevent the migration of waste components to a County-owned storm drain system. Installation of devices or measures may require permits from the County or other regulatory agencies. Installation, maintenance and permitting are the responsibility of the property owner.

(b)    Domesticated Animal Waste. It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for an animal, to promptly collect pickup and remove all fecal matter left by the animal. Animals in grazing areas are exempted if the area complies with subsection (a).

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1160 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES:

Any responsible party subject to an industrial or construction activity NPDES storm water discharge permit for discharges into a County-owned MS4, shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to the allowing of discharges to the County-owned MS4 storm drain system, or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of a facility; during any enforcement proceedings or action; or for any other reasonable cause.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1165 STORM DRAIN CONNECTION REQUIREMENTS:

(a)    Permit Requirement. Per Section 4-27-1145 regarding Illicit Connections, any direct connection to a County-owned storm drain pipeline system must be permitted. Permits will include provisions for inspection.

(b)    Cost of Inspection. Each permittee shall pay an inspection fee, as required in the County of Tulare Development Fee Schedule, sufficient to cover the cost of routine inspection and sampling.

(c)    Compliance Notice. The Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Article to eliminate or secure approval for the connection by a specified date regardless of whether or not the connection or discharges had been established or approved prior to the effective date of this Chapter. If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person can demonstrate that an illegal discharge will not occur, said person may request County approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense, subject to the Director’s approval and future requirement to disconnect.

(d)    Sampling and Reporting. Any connection to the public storm drain pipeline system must include a location where sampling can be made by the County to verify discharge quality prior to entering the MS4. The permittee may be required to submit self-monitoring reports to assess and assure continued compliance with this Chapter. Reports shall be signed and certified by the property owner or his/her authorized representative. Sampling and reporting shall conform to the provisions of the permit.

(e)    Recordation and Transfer of Permit. All permits shall be recorded with the property for the benefit of future owners. At the time a property transfers ownership, the new owner will have a period of thirty (30) calendar days in which to obtain a new permit in their name for the connection or the Director may deem the connection illicit.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1170 STORM DRAIN SYSTEM PROTECTION AND REMEDIATION:

(a)    Requirement to Maintain Storm Drain System. Every responsible party owning property through which an element of the storm drain system passes, or such responsible party’s lessee, shall keep and maintain that part of the storm drain system within their property to prevent pollutants from being discharged into the County-owned storm drain system from their property.

(b)    Requirements to Remediate. Whenever the Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of entering the County-owned storm drain system, the Director may require by written notice of violation, as provided by this Chapter, to the owner of the property and/or the responsible party, that the illegal discharge be discontinued immediately, or by a specific date but no less than seven (7) days, and if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges to the County-owned storm drain system and restore the affected property within a specified time pursuant to the provision of this Chapter.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1175 CLEAN-UP AND NOTIFICATION OF DISCHARGES:

(a)    In addition to other requirements of law, as soon as any responsible party for a property, a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharge or pollutants discharging into storm water or a County-owned storm drain system, said responsible party shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

(b)    In the event of such a release of hazardous materials said responsible party shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.

(c)    In the event of a release of non-hazardous pollutants, said responsible party shall notify the Director in person, by phone or facsimile no later than 5:00 P.M. of the same business day, and if the event occurs later than 5:00 P.M., then no later than 5:00 P.M. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within two business days of the in-person, phone or facsimile notice.

(d)    If the discharge of pollutants emanates from a commercial or industrial establishment, the responsible party shall also retain an on-site written record of the discharge, clean up, and remediation, and the actions taken to prevent its recurrence. Such records shall be retained and available for inspection by the Director for at least three (3) years.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1180 PROHIBITION OF ILLICIT DISCONNECTIONS:

The destruction, deconstruction, disconnection, or complete obstruction of any segment of a County-owned storm drain system without the approval of the Director that would impede drainage or increase the likelihood of flooding is prohibited.

(Added by Ord. No. 3438, effective 9-13-12)

ARTICLE 4. BEST MANAGEMENT PRACTICES

4-27-1230 AUTHORIZATION TO ADOPT BMP:

The County recognizes the current requirements of the State Water Resources Control Board general permits for construction, industrial and municipal activities. In addition to the requirements of these general permits, the County may adopt additional requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, a County-owned storm drain system, or waters of the United States.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1235 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS:

(a)    The Director shall adopt requirements identifying appropriate Best Management Practices to control the volume, flow rate, and potential pollutant load of storm water runoff from residential, commercial, or industrial activities and processes carried on within the unincorporated areas of the County, as may be appropriate to minimize the generation, transport and discharge of pollutants, the likelihood of polluting storm water, the need for maintenance, and the chance of failure. Design guidelines are outlined in the most recent version of the California BMP Handbooks prepared by the California Stormwater Quality Association (CASQA).

(b)    Notwithstanding the presence or absence of requirements pursuant to subsection (a), any responsible party engaged in activities or operations, or owning facilities, premises or property which will or may result in pollutants entering storm water or a County-owned storm drain system, shall implement Best Management Practices to the extent they are technically feasible and the costs would not be prohibitive, as determined by the Director, to prevent and reduce such pollutants.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1240 AUTHORIZATION TO IMPOSE BMP:

Where BMP requirements are adopted by the County or any Federal, State of California, or regional agency for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water or pollutants to a County-owned storm drain system or water of the United States, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements as may be prescribed by the Director within the time limit or under the conditions set forth in the BMP for compliance.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1245 WDID SUBMITTAL:

Prior to issuing any improvement plan approval, the applicant must submit to the County a State issued project WDID number to confirm preparation of a SWPPP prior to construction. This section applies only to projects that are already required by the State to prepare a SWPPP.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1250 SWPPP SUBMITTAL:

Whenever the Director finds that a project may pose a higher risk to cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to a County-owned storm drain system, then the Director may require the SWPPP be submitted and reviewed. The SWPPP would be reviewed to confirm that the SWPPP includes detailed information describing the potential sources of pollution that may be created by the project being permitted and the recommended BMPs that will be applied. The information provided shall be sufficiently detailed as to be used to direct a contractor to perform the BMPs and to recognize whether the BMP is achieving the required effect.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1255 POST CONSTRUCTION DESIGN STANDARDS:

The County will adopt, by resolution, design standards requiring appropriate post construction improvements, to control the volume, rate, and potential pollutant load of storm water runoff from new development projects to minimize the generation, transport and discharge of pollutants. Such requirements are incorporated, unless specifically waived by the Director, in any land use entitlement and construction or building-related permit to be issued relative to such development insofar as the waiver is in compliance with all current State and Federal regulations. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this Chapter. This article shall be implemented in compliance with the Post-Construction Standards outlined in Section XIII of the California Storm Water General permit, 2009-0009-DWQ, as amended.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1260 COMPLIANCE ASSURANCE DEPOSIT:

Projects that include a grading permit or any other permit that is likely to create a source of pollution may require a NPDES Compliance Assurance Deposit. Developers are required to submit a deposit as required in the County of Tulare Development Fee Schedule with issuance of the grading permit to ensure NPDES compliance in accordance with the permittee’s approved SWPPP. Should a permittee have inadequate BMPs, resulting in an illegal discharge, and fail to implement or maintain necessary BMPs to comply with this Article immediately upon receiving notice from the County or its contractor, permittee will install the BMPs and subtract payment for this service from the compliance deposit. If that occurs, the developer must replenish the deposit. The County will issue a stop work order on the project until the deposit is replenished to the original amount. The balance of funds will be returned to the permittee at the time the permit receives final clearance. The permittee is subject to further penalties and fines as provided for in this Chapter.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1265 RESPONSIBILITY TO IMPLEMENT BMPs:

Any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water or the storm drain system, shall implement BMPs to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide protection from accidental discharge of prohibited materials or other wastes into a County-owned storm drain system. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1270 RESPONSIBILITY TO IDENTIFY AND POST:

For the purposes of implementing Section 374 of the California Penal Code and the requirements of this Chapter, property owners are required to mark and/or post all drainage inlets that have a connection to the waters of the United States, either directly or through a portion of the storm drain system, as follows:

(a)    Signs. Owners of an apartment complex consisting of four or more units shall be responsible for causing a sign to be posted in a conspicuous location as close as possible to each drainage inlet with the following wording in English and Spanish:

YOU DUMP IT, YOU DRINK IT

PENAL CODE 374

COUNTY OF TULARE

(b)    Placard. Owners of new developments shall be responsible for ensuring a placard, or stencil, conforming to County standards and County-approved wording, be installed at each drainage inlet.

(c)    Maintenance. All owners shall be responsible for maintaining any storm water markings, and/or postings on their property ensuring they remain legible.

(Added by Ord. No. 3438, effective 9-13-12)

ARTICLE 5. MAINTENANCE

4-27-1320 GENERAL:

Property owners are responsible to maintain their premises in such a way as to comply with this Chapter and prevent migration of debris into a County-owned storm drain system.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1325 BMP MAINTENANCE:

BMPs installed during construction or as measures for post construction storm water shall be maintained as required to ensure proper operation. Failure to maintain construction BMPs will result in a stop work order being issued until the site is in conformance with the requirements of this Chapter. Development, which includes installation of storm water devices, shall submit a maintenance plan or manufacturer maintenance guide for those facilities to the County of Tulare Resource Management Agency as part of the project submittal. The plan or guide provided shall be considered the minimum maintenance required, with additional maintenance performed as needed to comply with this Chapter.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1330 POST CONSTRUCTION BMP AGREEMENTS:

All private property owners with post construction storm water devices or systems on their property shall enter into an agreement with the County documenting the devices, the required maintenance and the understanding of responsibility by the property owner for both routine and non-routine maintenance and reporting. Maintenance agreements shall specify responsibilities for financing maintenance.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1335 POST CONSTRUCTION BMP RECORDATION:

All agreements made as a result of Section 4-27-1330 shall be recorded with the property at the County Recorder’s Office for the benefit of future owners.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1340 RESPONSIBLE PARTY POST CONSTRUCTION:

The person(s) or organization(s) responsible for maintenance shall be designated in the Agreement made per Section 4-27-1330. Responsible parties may include the following:

(a)    Property owner.

(b)    Homeowners association; provided, that provisions financing necessary maintenance are included in deed restrictions or contracted agreements.

(c)    County of Tulare.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1345 WATERCOURSE PROTECTIVE MAINTENANCE:

Every person owning property through which a watercourse passes, or such person’s lessee or tenant, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor perform vegetation management in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed to from their property. Where the watercourse forms the boundary of said property, owner shall be responsible for maintenance to the centerline of the water channel.

(a)    Structures. The owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(b)    Existing Regulations. The property owner is responsible to comply with all laws, rules, and regulations of local, State, and Federal agencies that may have jurisdiction over wetlands and waterways. Maintenance must be done in a manner that does not adversely impact waterway species.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1350 NON-ROUTINE MAINTENANCE:

Non-routine maintenance includes maintenance activities that are infrequent, such as pond dredging or major repairs to storm water structures. Non-routine maintenance shall be performed on an as-needed basis and based on information gathered during regular inspections. If non-routine maintenance activities are not completed in a timely manner or as specified in an approved plan or agreement, the County of Tulare may complete the necessary maintenance at the owner/operator’s expense.

(Added by Ord. No. 3438, effective 9-13-12)

ARTICLE 6. MONITORING AND INSPECTION

4-27-1400 MONITORING OF DISCHARGES:

(a)    Applicability. This section applies to all premises that have discharges to the storm drain system associated with residential, commercial, or industrial activity including construction activity.

(b)    Authority to Access, Inspect, Monitor and/or Sample on Premises.

1.    Properties with connections to a County-owned storm drain system are subject to periodic discharge inspection and sampling.

2.    Any construction activity is subject to periodic discharge inspection and sampling.

3.    Whenever necessary to make an inspection to enforce any provision of this Chapter, or whenever the Director has cause to believe that there exists, or potentially exists, or has occurred in or upon any premises any condition which constitutes a violation of this Chapter, the Director may enter such premises during normal business hours, provided prior notice has been given to the responsible party to inspect the same, to take water samples, inspect and copy records related to storm water compliance, and determine compliance with regulations governing storm water.

4.    The Director, or designee, shall be permitted to enter and inspect premises subject to regulation under this Chapter as often as may be reasonably necessary to determine compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors. If a discharger has security measures in force, which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Tulare County Resource Management Agency.

5.    A responsible party shall allow the Director, or designee, ready access to all parts of the premises for the purposes of inspection, photographing, sampling and the performance of any additional duties as defined by state and federal law.

6.    When a facility is subject to permitting requirements for storm water discharge to a County-owned MS4, facility operators shall allow the Director ready access to all parts of the facility for the purpose of inspection, photographing, sampling, examination, and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water.

7.    The Director shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the facility’s storm water discharge to a County-operated MS4.

8.    The Director may require by written Notice of Requirement that any responsible party engaged in any activity and/or owning or operating any facility which, based on reasonable evidence, may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to a County-owned storm drain system, to undertake, at said responsible party’s expense, such monitoring and analyses and furnish such reports to the Director as deemed necessary to determine compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at said responsible party’s own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. Calibration records shall be maintained and readily available for inspection by the Director for three years.

9.    Any temporary or permanent obstruction to safe and easy access to the facility to be inspected, monitored and/or sampled shall be promptly removed by the operator at the oral or written request of the Director and shall not be replaced without the Director’s consent. The costs of clearing such access shall be borne by the operator.

10.    Unreasonable delays in allowing the Director ready access to a permitted facility is a violation of a storm water discharge permit or of this Chapter. A responsible party who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity to a County-owned MS4 is in violation of this Chapter if the responsible party denies the Director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.

(c)    Authority to Obtain an Inspection Warrant.

1.    If the Director has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director may seek issuance of an inspection warrant from any court of competent jurisdiction.

(Added by Ord. No. 3438, effective 9-13-12)

ARTICLE 7. ENFORCEMENT

4-27-1450 ENFORCEMENT:

Notice of Violation.

(a)    Whenever the Director finds that a responsible party has violated a prohibition or failed to meet a requirement of this Chapter, the Tulare County Resource Management Agency may order compliance by written notice of violation to the responsible party. Such notice may require without limitation:

1.    The elimination of illicit connections or discharges;

2.    That violating discharge, practices, or operations shall cease and desist;

3.    The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

4.    Payment of a fine to cover administrative and remediation costs;

5.    The implementation of source control and/or treatment BMPs; and

6.    The performance of monitoring, analysis, and reporting.

(b)    If abatement of a violation and/or restoration of affected property are required as a result of a Notice of Violation, the violation(s) shall be abated pursuant to Chapter 1 (Public Nuisances) of Part IV of this Ordinance Code.

(c)    The Director may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1455 URGENCY ABATEMENT OF CONSTRUCTION SITES:

(a)    Construction Sites. Construction sites with inadequate erosion and sediment controls will be given verbal and written notice of the inadequacies, and will have no more than 24 hours (depending on severity) to comply with construction runoff control measures. No other site work will be allowed until corrections are made. Should the contractor not fulfill the requirements of this Chapter, the County will take adequate measures to implement sediment and erosion control BMPs, at owner’s expense, as provided in Article 4 of this Chapter. Appeal processes provided in this Code shall not delay the corrections required to comply with this Chapter to prevent pollution of the storm drain system.

(b)    Failure to Abate. If any such violation is not abated immediately as directed by the Director, the County of Tulare is authorized to abate pursuant to Chapter I (Public Nuisances) of Part IV of this Ordinance Code. Any expense related to such remediation undertaken by the County of Tulare shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent County from seeking other and further relief authorized under this Chapter.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1460 VIOLATION AND INJUNCTIVE RELIEF:

It shall be unlawful for any responsible party to violate any provision or fail to comply with any of the requirements of this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors. 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 Code violation and public nuisance, and may be summarily abated or restored by the County at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by the County. If a responsible party has violated or continues to violate the provisions of this Chapter, the Director may petition for a preliminary or permanent injunction restraining the responsible party from activities which would create further violations or compelling the responsible party to perform abatement or remediation of the violation.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1465 COMPENSATORY ACTION:

In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the Tulare County Resource Management Agency may impose upon a responsible party alternative compensatory obligations, including but not limited to storm drain stenciling, attendance at compliance workshops, creek cleanup, or other actions deemed appropriate by the Director.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1470 ACTS POTENTIALLY RESULTING IN A VIOLATION OF THE FEDERAL CLEAN WATER ACT AND/OR CALIFORNIA PORTER-COLOGNE WATER QUALITY CONTROL ACT:

Any responsible party who violates any provision of this Chapter may also be in violation of the Clean Water Act (33 U.S.C. §1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments, and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Chapter shall also include written notice to the responsible party of such potential liability.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1475 CRIMINAL PENALTIES AND FINES:

Any responsible party who violates any provision of this Chapter is guilty of a misdemeanor, and may be subject to the payment of a fine, or imprisonment, or both, as set forth in Section 125 of the General Provisions of the County of Tulare Ordinance Code. Violators are also subject to administrative fines pursuant to Chapter 23 (Administrative Fines) of Part I of the this Ordinance Code, revocation of a business license pursuant to Part VI (Business Regulations and License) of this Ordinance Code, and/or prohibition from working within the County right-of-way for a period of two years for contractors working in the right-of-way.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1480 CONTINUING VIOLATIONS:

Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1485 CONCEALMENT:

Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1490 CIVIL ACTIONS:

In addition to any other remedies provided in this Chapter, any violation of this Chapter may be enforced by civil action brought by the County. In any such action, the County may seek, and the court may grant, as appropriate, any or all of the following remedies:

(a)    A temporary and/or permanent injunction;

(b)    Assessment against the violator for the costs of any investigation, inspection, or monitoring survey, which led to the discovery of the violation, and for the reasonable costs incurred in preparing and prosecuting legal action as a result of violations of this Chapter;

(c)    Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;

(d)    Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life;

(e)    Such other relief as the court may authorize. Assessments under this subsection shall be paid to the County to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this Chapter.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1495 COMPENSATORY ACTION:

In lieu of enforcement proceedings, penalties, and other remedies under the jurisdiction of the County and authorized by this Chapter, the Director may impose alternative compensatory actions with the consent of the violator, such as storm drain marking, attendance at compliance workshops, or creek clean-up participation.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1500 REMEDIES NOT EXCLUSIVE:

The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Director to seek cumulative remedies.

(Added by Ord. No. 3438, effective 9-13-12)

4-27-1505 LIABILITY:

The Director or any other person acting under the authorization of the Director, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and shall be relieved from all personal liability for any damage that may accrue to person or property as the result of or by reason of any act or omission occurring in the good faith discharge of such duties. Any suit brought against the Director or his or her agents or employees because of such act or omission performed in good faith in the enforcement of any provision of this Chapter, shall be defended by the County of Tulare.

(Added by Ord. No. 3438, effective 9-13-12)