CHAPTER 11A - STORMWATER QUALITY1

CHAPTER 11A - STORMWATER QUALITY¹

Editor's note— ¹ Ord. No. 5819, § 6, adopted December 12, 2009 redesignated and amended the former Chapter 11 entitled Drainage and Stormwater Management to Chapter 11A Stormwater Management.
Prior ordinance history: Ord. Nos. 1065, 1108, 1300, 4803, 4981, 5585, 5603 and 5666

Sec. 11A-1.Purpose and intent of chapter.

Sec. 11A-2.Definitions.

Sec. 11A-3.Administrative authorities.

Sec. 11A-4.Construction and application.

Sec. 11A-5.Discharge of non-stormwater.

Sec. 11A-6.Discharge in violation of npdes permit.

Sec. 11A-7.Unlawful discharge and unlawful connections.

Sec. 11A-8.Reduction of pollutants in stormwater.

Sec. 11A-9.Enforcement.

Sec. 11A-10.Violations constituting misdemeanors.

Sec. 11A-11.Violation—additional actions and remedies.

Sec. 11A-12.Violation—emergency abatement.

Sec. 11A-13.Fine for falsification of data.

Sec. 11A-14.Continuing violation.

Sec. 11A-15.Concealment.

Sec. 11A-16.Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.

Sec. 11A-17.Violations deemed a public nuisance.

Sec. 11A-18.Civil actions.

Sec. 11A-19.Remedies not exclusive.

Sec. 11A-20.Dispute—request for ruling.

Sec. 11A-21.Appeals.

Sec. 11A-22.Applicable area.

Sec. 11A-1. - Purpose and intent of chapter.

(a) The purpose of this chapter is to protect and enhance the water quality of the county's watercourses pursuant to and consistent with the Federal Clean Water Act and amendments thereto and to assure compliance with the conditions set forth by the National Pollution Discharge Elimination System (NPDES) as requirements of stormwater discharge permits.

(b) It is the intent of the board of supervisors in enacting this chapter to protect the health, safety and general welfare of the county's citizens by:

(1) Controlling the discharge to the county's stormwater system from spills and the dumping or disposal of materials other than stormwater.

(2) Reducing pollutants in stormwater discharges to the maximum extent practicable.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-2. - Definitions.

The following words and phrases when used in this chapter shall have the meaning as defined herein. Words and phrases used in this chapter and not otherwise defined shall be interpreted as defined in the regulations of the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act in the State Water Code.

(a) "Administrative authority" means the county department(s) or other agency (ies) approved by the board of supervisors to administer and enforce any portion of the provisions of this chapter. County departments which may be so designated include, but are not limited to, the permit and resource management department, transportation and public works department, department of health services, department of emergency services or the agricultural commissioner.

(b) "Discharge" means the flow of water and or other materials to the stormwater system from any distinguishable or identifiable source, other than from a vessel or other floating craft.

(c) "Prohibited discharge" means any polluted discharge or any discharge to the county's stormwater system that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit, discharges resulting from emergency fire fighting activities and discharges further exempted at Section 11A-5(b)(2).

(d) "Pollutant" means any material other than water.

(e) "Pollutant loading" means the aggregate quantity of all pollutants.

(f) "Polluted discharges" means discharges with pollutant loads that detract from or place limits on any actual or potential beneficial use of the receiving waters.

(g) "Unpolluted discharges" means discharges with pollutant loads that do not detract from or place limits on any actual or potential beneficial use of the receiving water.

(h) "Stormwater" means stormwater runoff, snow melt runoff and surface water runoff and drainage.

(i) "Authorized county employee(s)" means those individuals designated by the administrative authority to act as his or her designee(s).

(j) "Best management practice" or "BMP" means a program, technology, process, siting criteria, operational method, or engineered system, which when implemented prevents, controls, removes, or reduces pollution.

(k) "Stormwater system" means those facilities by which stormwater may be collected and conveyed to any stream, watercourse, other body of water or wetlands, publicly or privately owned, which are not part of a publicly owned treatment works ("POTW") as that term is defined in 40 CFR Section 122.2.

(l) "County's stormwater system" means those publicly owned or maintained stormwater facilities that are situated within the county.

(m) "Non-stormwater discharge" means any discharge that is not entirely composed of stormwater, or any release of pollutants that potentially or actually discharges to the county's stormwater system.

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

(o) "Commercial facility" means any nonresidential premises or any premises used as a site of commercial activity.

(p)   "Significant noncompliance" means non-compliance with any provision of this chapter that either:
               (1)   Poses or threatens to pose a significant danger to the environment or public health;
(2)   Has not been abated in a reasonable period to time; or
(3)   Has recurred.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-3. - Administrative authorities.

Except as otherwise provided in this code, the provisions of this chapter shall be administered by the administrative authority.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-4. - Construction and application.

This chapter shall be construed in a manner consistent with the requirements of the Federal Clean Water Act and acts amendatory thereof, any applicable implementing regulations thereto and any NPDES permit for stormwater discharges from the applicable area issued by the State Water Resources Control Board or any Regional Water Quality Control Board and any amendment, revision or reissuance of the permit.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-5. - Discharge of non-stormwater.

(a) The release of non-stormwater discharges to the county's stormwater system is prohibited.

(b) The following discharges are exempt from the prohibition set forth in subsection (a) of this section:

(1) Any discharge in compliance with a National Pollution Discharge Elimination System (NPDES) permit issued to the discharger and administered by the state of California under the authority of the United States Environmental Protection Agency.

(2) Discharges from the following activities will not be considered a prohibited discharge to the county's stormwater system when properly managed: flushing of potable water from potable water lines and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawlspace pumps, air conditioning condensation, springs, runoff from individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from emergency firefighting, and any other flows necessary for implementing BMPs directed or approved by the administrative authority.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-6. - Discharge in violation of npdes permit.

Any discharge that would result in or contribute to a violation of any NPDES permit for stormwater discharges from the applicable area and any amendment, revision or reissuance of such permit, 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 persons shall defend, indemnify and hold harmless the county, its officers, agents, and employees in any administrative or judicial enforcement action relating to such discharge.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-7. - Unlawful discharge and unlawful connections.

(a) It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the county's stormwater system.

(b) It is unlawful to establish, use, maintain or continue drainage connections to the county's stormwater system that are or may be a source of prohibited discharges.

(c) It is unlawful to commence or continue any unauthorized and/or prohibited discharges to the county's stormwater system.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-8. - Reduction of pollutants in stormwater.

(a) Activities Resulting in Discharge of Pollutants. Any person engaging in activities that may result in pollutants entering the county's stormwater system shall undertake all practicable measures to reduce and/or eliminate such pollutants. All activities that do actually, or may potentially, result in the deposit of pollutants in or on the county's stormwater system, in any tributary of this system, and all land which drains to either this system or any of its tributaries, shall be construed as activities that may result in pollutants entering the county's stormwater system. Examples of such activities include, but are not limited to, ownership and use of premises that may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, business enterprises and dwelling units.

(b) Pollutants and Littering. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, household hazardous wastes or other hazardous waste, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any stormwater system or upon any public or private plot of land in the applicable area so that the same might become a pollutant, except in lawfully established waste disposal facilities.

(c) Sidewalks. The occupant or tenant or, in the absence of occupant or tenant, the owner or proprietor of any real property in the county in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.

(d) Construction Activities. Any construction contractor performing work in the applicable area shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from the construction materials, tools, and equipment from entering the stormwater system.

(e) Bodies of Water. No person shall throw or deposit litter in any fountain, pool, lake, stream, river or any other body of water within the applicable area.

(f) Standard for Parking Lots, Paved Areas, and Related Stormwater Systems. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related stormwater systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the stormwater system.

(g) Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity or other discharger described in any general stormwater permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region, shall provide the notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such dischargers, and shall provide a copy of the notice of intent and of each annual report pursuant to any general stormwater permit to the administrative authority, and shall pay any associated monitoring and enforcement fees to the county that may be set by the board of supervisors. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by such permit.

(h) Compliance with Best Management Practices. Where best management practice guidelines or requirements have been adopted or published by the Environmental Protection Agency, any state of California agency, any San Francisco Bay area agency, or the county, for any activity, operation or facility that may cause or contribute to prohibited discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guideline or requirement.

(i) Stormwater Pollution Prevention Plan. The administrative authority may require any business in the applicable area that engages in activities that may result in prohibited discharges to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities that may require a stormwater pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures that are carried out partially or wholly out of doors.

(j) Coordination with Hazardous Materials Release Response Plans and Inventory. Any business subject to the Hazardous Materials Release Response and Inventory Plan, Division 20, Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include in that plan provision(s) for compliance with this chapter, including the prohibitions on non-stormwater discharges and the requirement to reduce the release of pollutants to the maximum extent practicable.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-9. - Enforcement.

(a) Inspections. Routine or area inspections by the county shall be based upon such reasonable selection process as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas where there is evidence of stormwater contamination, discharge of non-stormwater to the stormwater system, or similar activities. Such inspections may also be done in conjunction with routine inspections conducted by other public agencies such as the Environmental Health Division of the Department of Health Services and/or the Hazardous Materials Division of the Department of Emergency Services.

(b) Authority to Sample and Establish Sampling Devices. With the consent of the owner or the occupant of property or pursuant to a search or inspection warrant, any authorized county employee may take such samples and meter such discharges as the administrative authority deems necessary to determine whether a non-stormwater discharge has taken place or is taking place and to determine the magnitude of such discharges. Such county employee may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the administrative authority may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

(c)   Training of Employees—Notification of Spills. The owner of a commercial facility or the persons responsible for emergency
            response for a commercial facility have the responsibility to train facility personnel and maintain notification procedures
            to assure:
            (1)   Immediate notification is provided to the county administrative authority of any suspected, confirmed or unconfirmed release
               of material, pollutants or waste creating a risk of discharge into the county stormwater drain system.
            
(2)   Immediate notification is given to the "911" emergency response system if said discharge poses an immediate threat to the
               public health or safety and/or the environment.
            
(3)   Written notification is provided to the county administrative authority within five (5) working days.
               (i)   Training of personnel shall assure that all BMPs are being fully and correctly implemented and that all releases of any non-stormwater
                  discharge or of any pollutant that threatens to enter the county's stormwater system are immediately recognized and that appropriate
                  response is taken in the event of such release.
               
(ii)   As soon as any person in charge of a commercial facility or who is responsible for emergency response for a commercial facility
                  has knowledge of, or reasonably could be expected to have knowledge of, any suspected, confirmed or unconfirmed release of
                  a non-stormwater discharge entering, or of any pollutant that is threatening to enter, the county stormwater system from such
                  facility, such person take all necessary steps to ensure the early discovery and containment and clean up such release and
                  shall immediately notify the county administrative authority. In addition, written notification shall be given to the county
                  administrative authority within five working days. This written notification shall contain as a minimum a narrative describing
                  the circumstances resulting in the release, or threatened release, the efforts taken to clean up the release and the measures
                  being taken to prevent reoccurrence. This notification requirement is in addition to, and not in lieu of, other required notifications.
               

(d) Requirement to Test or Monitor. Any authorized county employee may require that any person engaged in any activity or owning or operating any commercial facility that may cause or contribute to illicit discharges, undertake such monitoring activities and/or analysis and furnish such reports as the authorized employee may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring and/or analysis and reports and the benefits to be obtained. The recipient of such a requirement shall undertake and provide the monitoring, analysis and reports required.

(e)   Order to Cease and Desist. When the county administrative authority finds that the discharge from a commercial facility is
            taking place, or is threatening to take place, in violation of the prohibitions of this chapter or any other discharge control
            requirements, the county administrative authority may issue a written order to cease and desist and may direct the discharge
            to:
            (1)   Comply forthwith with the order and to cease those operations that result or threaten to result in discharges which violate
               any prohibition or limit of this chapter until such time as the administrative authority states in writing that he or she
               is satisfied that BMPs will remove the threat are in place;
            
(2)   Comply with the order in accordance with a time schedule set by the administrative authority; or
(3)   In the event of a threatened violation take appropriate remedial or preventative action.

(f) Require that the Discharger Submit a Schedule of Remedial or Preventative Action. When the administrative authority finds that the discharge from a commercial facility is taking place, or is threatening to take place, in violation of the code requirements, the administrative authority may issue an order to cease and desist and may direct the discharger to submit for her or his approval a detailed time schedule of specific actions the discharger shall take to correct or prevent the violation of such prohibitions and requirements.

(g) Predischarge Facility. When source reduction BMPs are, in the opinion of the administrative authority, inadequate to prevent actual or potential prohibited discharges from a commercial facility to the county's stormwater system, the administrative authority may require that the owner of the commercial facility provide, at the owner's expense, predischarge facilities necessary to reduce the pollutant load at a point prior to discharge from said facility or to any element of the county's stormwater system. The administrative authority may further require that the owner of the commercial facility, at the owner's expense, provide a monitoring access hole so that the pollutant loading may be periodically measured. Examples of predischarge facilities are oil/grease interceptors and sand/silt interceptors.

Plans, specifications, and other pertinent factors related to the aforementioned predischarge facilities shall be submitted to the county for approval by the administrative authority. Construction of the proposed facilities shall not commence until the administrative authority's approval is obtained in writing and use of the facilities shall not commence until the completed facilities are approved in writing by the administrative authority. Such facilities, once approved, shall be continuously maintained in satisfactory operating condition to the satisfaction of the administrative authority.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-10. - Violations constituting misdemeanors.

The violation of any provision of this chapter, or the failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-11. - Violation—additional actions and remedies.

(a) Any non-stormwater discharger found to be in significant non-compliance as defined in Section 11A-2 in any calendar year may have its name published in the largest daily newspaper published in the Santa Rosa area.

(b) Any person who violates any order issued by the administrative authority for violation of the provisions of this chapter regulating or prohibiting discharge of non-stormwater and which causes, or threatens to cause, non-stormwaters to enter the county's stormwater system may be liable civilly in a sum not to exceed the amount that the county may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the county for noncompliance with the municipal stormwater discharge permit for the Santa Rosa area.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-12. - Violation—emergency abatement.

If the administrative authority determines that a violation of this chapter has created an emergency condition which seriously endangers the public health or safety, the administrative authority may abate the condition. The cost of said abatement shall be charged to the discharger and the county may at its option recover the same in a civil action. Such charge shall be in addition to any penalty for a violation of this chapter under Section 11A-10 or 11A-11(b).

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-13. - Fine for falsification of data.

Any person who submits a report required by this chapter, which he or she knows, or should have reason to know, contains falsified data shall be subject to a fine not to exceed the amount that the county may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the county for noncompliance with the municipal stormwater discharge permit for the Santa Rosa area.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-14. - Continuing violation.

Every day or any portion thereof any violation of this chapter continues shall constitute a separate offense.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-15. - Concealment.

Concealing, aiding or abetting a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-16. - Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.

Any person who violates any provision of this chapter or who violates any cease and desist order or prohibition may also be in violation of the Federal Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanction of those acts including civil and criminal penalties. Any enforcement actions authorized under this chapter may also include notice to the violator of such potential liability.

Sec. 11A-17. - Violations deemed a public nuisance.

In addition to the penalties provided in this chapter, the county board of supervisors finds and determines that any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare, is declared to be a nuisance and may be abated as such.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-18. - Civil actions.

In addition to any other remedies provided in this chapter or this code, including but not limited to abatement pursuant to Section 1-7.3 of this code, any violation of this chapter may be enforced by civil action brought by the county. In any such action, the county may seek, as appropriate, any or all of the following:

(a) A temporary restraining order, preliminary and permanent injunction;

(b) Reimbursement for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this chapter;

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

Costs and damages recovered under this section shall be paid to the county and shall be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control system(s) and implementing or enforcing the provisions of this chapter.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-19. - Remedies not exclusive.

The remedies identified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this chapter shall be cumulative and not exclusive.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-20. - Dispute—request for ruling.

If any discharger disputes an interpretation or application of this chapter, the discharger may request in writing a ruling by the administrative authority on the matter. The administrative authority will set forth his or her determination(s) in writing.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-21. - Appeals.

If the discharger is dissatisfied with the determinations made by the administrative authority under Section 11A-20, the discharger may, within thirty (30) days after the receipt of the ruling by the administrative authority, appeal the ruling to the board of supervisors by filing a written notice of appeal with the clerk of the board. The notice shall state each basis and the grounds for the appeal. The board of supervisors shall make a final determination of the issue(s) so submitted.

(Ord. No. 5819, § 6, 12-9-2008.)

Sec. 11A-22. - Applicable area.

The provisions of this chapter shall apply to discharges, pollution sources, and facilities located within the boundaries of any municipal NPDES permit for storm water discharges applicable to Sonoma County, as said boundaries are approved by the State Water Resources Control Board or any Regional Water Quality Control Board. Where said boundaries are established on or along a publicly-maintained drainage channel or publicly maintained road right-of-way, said boundary shall include all of such facilities within public ownership and/or maintenance.

(Ord. No. 5819, § 6, 12-9-2008.)