The following requirements apply to all dischargers:
(a) All dischargers must perform and maintain the following BMPs:
(1) Prior to the rainy season, except as required to maintain critical coarse sediment supply pursuant to Section 67.811(b)(5)(C), remove or secure any significant accumulations of eroded soils from slopes previously disturbed by landscaping, clearing or grading, if those eroded soils could otherwise enter and impact the stormwater conveyance system or receiving waters during the rainy season.
(2) Implement, as practicable, those stormwater pollution prevention practices that are generally recognized in that discharger's industry or business as being effective and economically advantageous.
(3) Eliminate illicit connections.
(4) Except as required to maintain critical coarse sediment supply pursuant to Section 67.811(b)(5)(C), protect from erosion those slopes that have been disturbed by clearing, grading, or landscaping and are more than three feet in height or steeper than 3:1 (run-to-rise). Slope protection shall occur prior to the first rainy season following the clearing, grading or landscaping of the slope and continuously thereafter.
(5) Store all materials and wastes with the potential to pollute stormwater in a manner that prevents contact with rainfall, run-on, run-off and wind dispersal.
(6) Except as required to maintain critical coarse sediment supply pursuant to Section 67.811(b)(5)(C), locate, configure, and manage stockpiles of soil, green waste and compost to prevent the release of materials to the stormwater conveyance system or receiving waters.
(7) Use all materials with the potential to pollute run-off, such as outdoor cleaning and maintenance products, fertilizers, pesticides and herbicides in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the stormwater conveyance system.
(8) Use dry methods such as sweeping, vacuuming, raking, and application of absorbents to cleanup pollutants, unless wet cleanup methods are otherwise allowed in this Chapter.
(b) BMPs shall be maintained to function as intended and designed. BMPs which fail shall be repaired or replaced as soon as it is safe or practicable. If BMPs fail notwithstanding their intent or design, the BMPs shall be modified or upgraded to prevent any further failure in the same or similar circumstances.
(c) Notwithstanding the provisions of this Chapter, an authorized enforcement official may require a discharger to prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) for approval by the authorized enforcement official as follows:
(1) If the discharger fails to comply with any applicable requirement of this Chapter after one or more written notifications or other enforcement actions have been taken because BMPs have been determined to be inadequate or are not being adequately maintained.
(2) The activity at issue is considered a significant source of pollutants or a source of a non-stormwater discharge in excess of what is allowed by this Chapter to the stormwater conveyance system or receiving waters. Any discharger required to submit and to obtain approval of a SWPPP shall install, implement and maintain the BMPs specified in the approved SWPPP.
(3) The SWPPP shall identify the BMPs or corrective measures that will be used by the discharger to prevent or control pollution of stormwater to the MEP and bring the non-stormwater discharge into conformance with the requirements of this Chapter. If a facility discharges non-stormwater to ground water, the facility shall obtain an RWQCB permit as required by the State Water Code, and shall describe the requirements of that permit in the SWPPP.
(d) Notification of Spills, Releases and Illegal Discharges.
(1) Spills, releases, or discharges of pollutants or non-stormwater in excess of what is allowed by this Chapter to receiving waters or to the stormwater conveyance system shall be reported by the discharger as required by all applicable state and federal laws.
(2) Any such spills, releases or discharges with the potential to endanger health, safety or the environment shall be reported to the Director, Department of Public Works, within 24 hours after discovery of the spill, release or discharge. Spills that have been completely contained and cleaned up on-site are not considered significant unless they pose a threat to human health or safety.
(3) If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or discharge of any pollutants to the MEP and bring any allowed discharge of non-stormwater into compliance with this Chapter.
(e) Sampling, Testing, Monitoring, and Reporting.
(1) Dischargers shall perform the sampling, testing, monitoring and reporting required by this Chapter.
(2) An authorized enforcement official may order a discharger to conduct testing or monitoring and to report the results to the County if one or more of the following occurs:
(A) The authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in stormwater to the MEP or necessary to allow for the continued discharge of non-stormwater under the limited circumstances permitted by this Chapter.
(B) Testing or monitoring is needed to determine whether the facility is a significant source of pollutants or of otherwise prohibited non-stormwater discharges to receiving waters or the stormwater conveyance system.
(C) The authorized enforcement official determines that testing or monitoring is needed to assess the impacts of a discharge on the public's health, safety or the environment.
(D) A discharge has not been eliminated after written notice by an authorized enforcement official.
(E) The RWQCB requires the County to provide any information related to the discharger's activities.
(3) Sampling, testing or monitoring ordered pursuant to this Section may include one or more of the following:
(A) Visual monitoring of dry weather flows, wet weather erosion, discharge points or conditions of BMPs.
(B) Visual monitoring of premises for spills or discharges.
(C) Laboratory analyses of discharges for pollutants.
(D) Background or baseline monitoring or analysis.
(E) Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger or by a group of dischargers including the discharger.
(4) The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported, and may determine that sampling, testing or monitoring may discontinue.
(Added by Ord. No. 9424 (N.S.), effective 2-20-02; amended by Ord. No. 9518 (N.S.), effective 1-10-03; amended by Ord. No. 9589 (N.S.), effective 9-5-03; amended by Ord. No. 9926 (N.S.), effective 4-11-08; amended by Ord. No. 10096 (N.S.), effective 1-7-11; amended by Ord. No. 10385 (N.S.), effective 6-12-15; amended by Ord. No. 10410 (N.S.), effective 2-26-16)