Chapter 15.12 STORMWATER MANAGEMENT AND DISCHARGE CONTROL

a. The Federal Clean Water Act provides for the regulation and reduction of pollutants discharged into the Waters of the United States by extending National Pollutant Discharge Elimination System (NPDES) requirements to stormwater and urban runoff discharge into the County storm drain system.

b. The State Water Resources Control Board (“State Board”) is the State water pollution control agency for all purposes of the Clean Water Act pursuant to Section 13160 of the California Water Code. The State Board is authorized by the United States Environmental Protection Agency to administer the NPDES program within the State. The Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.) provides authority for the State NPDES program, including provisions to issue NPDES Permits and Waste Discharge Requirements to regulate discharges of stormwater to waters of the State.

c. Stormwater flows from individual properties to the County storm drain system and then ultimately to the waters of the State.

d. The County is a co-permittee under the Waste Discharge Requirements for County of Sacramento and cities of Citrus Heights, Elk Grove, Folsom, Galt, and Sacramento, Storm Water Discharges from Municipal Separate Storm Sewer Systems Sacramento County (Order No. R5-2002-0206), dated December 6, 2002, which also serves as a National Pollutant Discharge Elimination System Permit under the Federal Clean Water Act (NPDES No. CAS082597). As a co-permittee, the County is required to possess the necessary legal authority, and to implement appropriate procedures, to regulate the entry of pollutants and non-stormwater discharges into and from the County storm drain system.

e. The County’s Municipal Stormwater Permit requires the County effectively to prohibit non-stormwater discharges from the unincorporated urbanized area of the County into the County storm drain system except as otherwise permitted by federal law.

f. Non-stormwater discharges and stormwater pollutants that are discharged directly to waters of the State without passing through the County storm drain system are not subject to the requirements of the Municipal Stormwater Permit. However, such discharges have the potential to degrade water quality and impact the quality of life for the people of the County. Regulation of such discharges by the County provides benefits to its people and protects the local environment.

g. The Board finds in this regard that the provisions of this Chapter are necessary to provide the County with the legal authority necessary to implement and otherwise comply with the requirements of its Municipal Stormwater Permit and to protect the waters of the State for the benefit of its people and the environment. (SCC 1295 § 1, 2005: SCC 1280 § 2 (part), 2004)

15.12.120 Purpose and Intent.

a. This Chapter is adopted pursuant to Article XI, Section 7 of the California Constitution which authorizes the County to exercise its police power to protect and promote the public health, safety and general welfare. While stormwater runoff is one step in the natural cycle of water, human activities, including, but not limited to, agriculture, construction, manufacturing and the operation of an urban infrastructure, may result in undesirable discharges of pollutants and certain sediments. Such discharges may accumulate in local drainage channels and waterways and eventually may be deposited in the natural surface waters. The purpose of this Chapter is to protect and enhance the watercourses within the unincorporated area of the County, by controlling the contribution of urban pollutants to stormwater runoff which enters the County storm drain system in a manner consistent with the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and Municipal discharge Permit No. CAS082597, and by controlling pollutants that are discharged directly to natural surface waters.

b. It is the intent of the Board in adopting this Chapter to provide the County with the legal authority to accomplish the following goals:

1. To benefit the people and environment of the County by protecting water quality in waters of the State;

2. To reduce the discharge of pollutants in stormwater to the maximum extent practicable, whether those discharges are made to the County storm drain system, or directly to natural surface waters;

3. To effectively prohibit Non-stormwater discharges into the County storm drain system or to natural surface waters;

4. To comply with the requirements of the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act and NPDES Municipal Storm Water Discharge Permit #CAS082597 as they apply to the discharge of pollutants into and from the County storm drain system;

5. To fully implement the County’s stormwater Quality Improvement Plan;

6. To protect the physical integrity and function of the County storm drain system from the effects of pollutants and materials other than stormwater;

7. To prevent the contamination of groundwater as a result of pollution migration from the County storm drain system;

8. To promote cost effective management and beneficial use of sediments in the County storm drain system;

9. To protect the health and safety of maintenance personnel and the public who may be exposed to pollutants in the County storm drain system or in natural surface waters;

10. To provide for the recovery of regulatory costs incurred by the County in the implementation of this Chapter or its stormwater Quality Improvement Plan, including, but not limited to, enforcement activities, compliance assistance, inspections, investigations, sampling and monitoring; and

11. To establish appropriate enforcement procedures and penalties for violations of the provisions of this Chapter. (SCC 1280 § 2 (part), 2004)

15.12.130 Definitions.

Any term(s) defined in the Federal Clean Water Act, as amended, and/or defined in the regulations for the stormwater discharge permitting program issued by the Environmental Protection Agency, as amended, and which are not specifically defined in this Chapter shall, when used in this Chapter, have the same meaning as set forth in said act or regulation.

As used in this Chapter, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise.

a. “Administrator” means the Administrator of the County of Sacramento’s Municipal Services Agency and his or her designees.

b. “Best management practices” or BMPs means schedules of activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants to the County storm drain system or directly or indirectly to natural surface waters. BMPs shall also be defined to include structural controls, treatment controls, source controls, training requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

c. “Board” means the Board of Supervisors of the County of Sacramento.

d. “County” means the County of Sacramento.

e. “County stormwater permit” means a permit issued to industries by the County to establish requirements intended to eliminate Non-stormwater discharges and control, reduce, or eliminate pollutants in stormwater.

f. “County storm drain system” means those public man-made facilities within the unincorporated area of the County which are owned, operated, maintained or controlled by the County by which stormwater may be conveyed to natural surface waters, including, but not limited to, any roads with drainage systems, municipal streets, catch basins, water quality basins, detention basins, constructed wetlands, artificial channels, aqueducts, curbs, gutters, ditches, sumps, pumping stations, storm drain inlets, and storm drains.

g. “Director of Water Resources” means the Director of the County’s Department of Water Resources, and his or her designees.

h. “Discharge” means the release or placement of any material into the County storm drain system or natural surface waters, including, but not limited to, stormwater, wastewater, pollutants, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

i. “Discharger” means any person who discharges, or causes to discharge, either directly or indirectly, stormwater or any other material into the County storm drain system or to natural surface waters.

j. “Illicit connection” means any physical connection to the County storm drain system or natural surface waters which is not expressly authorized by the County.

k. “Implementing agency” means the agency or department designated by the Administrator to enforce the provisions of this Chapter with respect to a particular site, facility or industry category.

l. “Industry” or “industrial activity” means any service, business, enterprise, or any other activity conducted by any person for the purpose of monetary or other compensation, or in support of or promotion of such activity. This term shall also mean any similar activity conducted by a non-profit corporation as defined by the State of California.

m. “Material” means any substance, including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

n. “Municipal Stormwater Permit” means NPDES Permit #CAS082597, including any amendments thereto or successor permit, issued by the Regional Board to the County and the cities of Citrus Heights, Elk Grove, Folsom, Galt, Rancho Cordova, and Sacramento.

o. “National Pollution Discharge Elimination System Permit” or “NPDES Permit” means a permit issued by either the Regional Board, the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code, or the United States Environmental Protection Agency to control discharges from point sources to natural surface waters.

p. “Natural surface water” means creeks, natural ponds or lakes, wetlands, the Sacramento River, American River, Cosumnes River, Mokelumne River, Lake Natoma, or navigable waters of the delta and shall include any waters of the United States contained within the boundaries of the State. Natural surface water does not mean any wet or dry detention basin, constructed wetland, stormwater treatment facility, artificial lake or pond or other man-made body of water.

q. “Non-stormwater discharge” means any discharge to the County storm drain system or directly to natural surface waters which did not originate as surface runoff and drainage from storm events and snow melt, but essentially resulted from human activities, or materials or processes under a persons control. Non-stormwater discharges include but are not limited to discharges of: (1) water that has been used by a person for any purpose such as cleaning, rinsing, cooling, irrigation, aquaculture, recreation, cooking, and industrial processes; (2) water or wastewater that originates or flows from equipment, valves, piping, hoses, containers, tanks, or other man-made apparatus; or (3) any discharge of materials or wastes other than water.

r. “Person” means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

s. “Pollutant” means any contaminant or other substance which, as determined by the Administrator, is discharged or has a reasonable potential to be discharged in sufficient quantities or concentrations to cause exceedance of receiving water limitations, or otherwise cause a violation of the Municipal Stormwater Permit. Pollutant may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive material, dredged soil, rock, sand, industrial waste, feces, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbon, organic solvents, metals, phenols, pesticides, nutrients, suspended or settleable solids, materials causing an increase in biochemical or chemical oxygen or total organic carbon, substances which alter pH, and those pollutants defined in Section 1362(6) of the Federal Clean Water Act.

t. “Potential discharger” means any person who by nature of the enterprise, activity or industry in which such person is engaged, or by the use, possession or ownership of specified types of building, facility, equipment, or materials, is determined by the Administrator to generate or have the capacity to generate pollutants, wastes, or wastewater which have significant potential to be discharged to the County storm drain system or directly to any natural surface waters.

u. “Premises” means any building, lot, parcel or land, or portion thereof, whether improved or unimproved.

v. “Prohibited non-stormwater discharge” means any non-stormwater discharge to the County storm drain system or directly to natural surface waters, which is not otherwise specifically authorized by this Chapter, the Regional Board, State or Federal law, or an NPDES Permit.

w. “Prohibited non-stormwater discharge installation” means any structure or equipment installed at a person’s premises that is not directly connected to the County drain system, but nonetheless is intended or serves to discharge or convey a prohibited non-stormwater discharge to the County storm drain system or waters of the State.

x. “Receiving water limitations” is as defined and listed in Section B.1. of the Municipal Stormwater Permit or any successor document.

y. “Receiving waters” means surface bodies of water, as defined by the Municipal Stormwater Permit, including, but not limited to, creeks and rivers, which serve as discharge points for the County storm drain system.

z. “Regional Board” means the California Regional Water Quality Control Board, Central Valley Region.

aa. “Significant industrial activity” means any industrial activity, individual industrial facility, or class of industrial facilities which is determined by the Administrator to discharge or have the potential to discharge pollutants into stormwater, or non-stormwater in quantities or concentrations which may cause exceedance of receiving water limitations, or for which a requirement has been imposed by the state or federal government on the County to conduct stormwater regulatory activities focused on the facility or activity.

bb. “Significant redevelopment” means the creation or addition of at least five thousand (5,000) square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to expansion of a building footprint, or replacement of a structure; replacement of impervious surface that is not part of a routine maintenance activity; and land-disturbing activities related to structural or impervious surfaces.

cc. “Specified performance requirements” means standards adopted by the County that define required conditions or results regarding the elimination of non-stormwater discharges or the control of pollutants in stormwater from specified sources.

dd. “State Construction General Permit” means the State Water Resources Control Board’s Order No. 99-08 – DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 Waste Discharge Requirements (WDRS) for discharges of Storm Water Runoff Associated With Construction Activity, and any successor documents.

ee. “State Industrial General Permit” means the State Water Resources Control Board’s “Water Quality Order No. 97-03-DWQ, National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated With Industrial Activities Excluding Construction Activities” and any successor documents.

ff. “Stormwater” means surface runoff and drainage resulting from storm events and snow melt, including surface runoff and drainage that contains pollutants as a result of contact with man-made or natural sources.

gg. “Threatened prohibited non-stormwater discharge” means any condition or activity which does not currently result in a prohibited non-stormwater discharge but is nevertheless determined by the Administrator to be a condition which results in a substantial likelihood of a future prohibited non-stormwater discharge;

hh. “Unmitigated stormwater pollutant source” means any existing condition that if left unmitigated is reasonably likely, as determined by the Administrator, to result in a discharge of pollutants in stormwater that will cause or contribute to an exceedance of receiving water limitations, harm or interfere with the County storm drain system, or otherwise pose a threat to public health and safety.

ii. “Waters of the United States” has the same meaning as set forth in Part 122.2 of Title 40 of the Code of Federal Regulations or any successor provision. (SCC 1295 § 2, 2005: SCC 1280 § 2 (part), 2004)

15.12.135 Construction.

The provisions of this Chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and any acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit # CAS082597 and any amendment, revision or re-issuance thereof. In the event of a conflict between this Chapter and any federal or state law, regulation, order or permit, the requirement which establishes the higher standard for public health and safety shall govern. (SCC 1280 § 2 (part), 2004)

15.12.140 Applicability.

The provisions of this Chapter shall be applicable to all dischargers and potential dischargers located within the unincorporated area of the County and all dischargers or potential dischargers that discharge either directly or indirectly into the County storm drain system. This Chapter shall also apply, within the unincorporated area of the County, to stormwater and Non-stormwater discharges made directly to natural surface waters. This Chapter shall not be applicable to discharges occurring outside the unincorporated area of the County.

This Chapter shall apply to facilities subject to the State Construction General Permit; the pollutant control provisions of the County Erosion and Sediment Control Ordinance, County Grading permit, or a Building Permit; or any other instrument of the County that establishes pollutant control provisions for construction sites. However, compliance with the requirements of these permits and the Erosion and Sediment Control Ordinance shall constitute compliance with this Chapter.

This Chapter shall not apply to activities conducted by or facilities operated by the State of California or by agencies of the Federal Government. (SCC 1280 § 2 (part), 2004)

15.12.150 Regulatory Consistency.

The provisions of this Chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this Code. (SCC 1280 § 2 (part), 2004)

15.12.160 Compliance Disclaimer.

Compliance by any person with the provisions of this Chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of stormwater quality, or both. (SCC 1280 § 2 (part), 2004)

15.12.170 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter. The Board hereby declares that it would have adopted this Chapter and each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof without regard to whether any other section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter would subsequently be declared to be invalid or unconstitutional. (SCC 1280 § 2 (part), 2004)

15.12.180 Administration.

Except as otherwise provided herein, the authority to implement this Chapter is vested in the Administrator who shall be responsible for the administration, implementation and enforcement of the provisions of this Chapter. Unless otherwise specified herein, any powers granted to or duties imposed upon the Administrator may be delegated by the Administrator to other County employees or, upon the approval of the Board, to employees of other public agencies. (SCC 1280 § 2 (part), 2004)

15.12.190 Disclaimer of Liability.

The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this Chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into natural surface waters. This Chapter shall not create liability on the part of the County or any officer or employee thereof for any damages that result from reliance on this Chapter or any administrative decision lawfully made there under. (SCC 1280 § 2 (part), 2004)

Article 2 Prohibited Discharges

15.12.200 Prohibited Non-Stormwater Discharge.

Except as provided in Section 15.12.210, it shall be unlawful for any person to make or cause to be made any Non-stormwater discharge into the County storm drain system or directly to natural surface waters. (SCC 1280 § 2 (part), 2004)

15.12.210 Exceptions To Non-Stormwater Discharge Prohibition.

The following discharges to the County storm drain system are exempt from the otherwise applicable discharge prohibition set forth in Section 15.12.200:

a. Any discharge regulated under a NPDES Permit issued to the discharger, and administered by the State pursuant to Chapter 5.5 of Division 7 of the Water Code, provided that any such discharge is in compliance with all requirements of the NPDES Permit and all other applicable laws and regulations.

b. Any discharge from any of the following activities provided that any such discharge does not cause or contribute to the violation of any receiving water limitation as determined by the Administrator:

1. Water line flushing;

2. Landscape irrigation;

3. Diverted stream flows;

4. Rising ground waters;

5. Uncontaminated ground water infiltration [as defined in 40 CFR 35.2005(20)] to separate storm sewers;

6. Uncontaminated pumped ground water;

7. discharges from potable water sources;

8. Foundation drains;

9. Air conditioning condensate;

10. Uncontaminated irrigation water;

11. Springs;

12. Water from crawl space pumps;

13. Footing drains;

14. Lawn watering;

15. Individual residential car washing;

16. Flows from riparian habitats and wetlands;

17. Dechlorinated swimming pool discharges; or

18. discharges or flows from emergency fire fighting activities.

c. Any discharges which the Administrator, the County Health Officer or the Regional Board determines in writing are necessary for the protection of public health or safety.

d. Additional categories of non-stormwater discharges which do not cause or contribute to the violation of any receiving water limitation may be excepted from the otherwise applicable prohibition by the Administrator upon approval of the Executive Officer of the Regional Board, as provided in the Municipal Stormwater Permit, or any successor permit. (SCC 1280 § 2 (part), 2004)

15.12.220 Exception to Otherwise Applicable Exemptions.

Notwithstanding the exemptions provided for in Section 15.12.210 above, if the Regional Board or the Administrator determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to natural surface waters, or is otherwise a danger to public health or safety, the Administrator may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the thirty (30) day period commencing upon delivery of the notice. Upon expiration of such thirty (30) day period, any such discharge shall be unlawful. Upon finding that any continuance of the discharge poses an immediate significant threat to the environment or to public health and safety, the Administrator may waive the thirty day waiting period and require immediate cessation of the discharge. (SCC 1280 § 2 (part), 2004)

15.12.230 Prohibited Stormwater Discharges.

It shall be unlawful for any person to discharge, or cause to be discharged, any stormwater or material to the County storm drain system which results in, or contributes to a violation of a receiving water limitation or a violation of the Municipal Stormwater Permit. (SCC 1280 § 2 (part), 2004)

15.12.240 Prohibited Conditions.

a. In the interest of preventing prohibited discharges from occurring, it shall be unlawful for any person to maintain, or cause to be maintained, any of the following conditions:

1. Unmitigated stormwater pollution source;

2. Threatened prohibited non-stormwater discharge;

3. Prohibited non-stormwater discharge Installation; or

4. Illicit connection.

b. Illicit connections shall be subject to removal and abatement by the County pursuant to this Chapter and Title 16 of this Code.

c. The prohibition set forth in subsection (a)(4) above shall apply to illicit connections in existence at the time that this Chapter becomes effective. Upon the effective date of this Chapter, any person who maintains an illicit connection shall have thirty (30) days from the effective date of this Chapter to disconnect and discontinue use of such connection. Notwithstanding the provisions of this section, any person who maintains an illicit connection, as defined in Section 15.12.130, may apply to the County for a Sacramento County Water Agency Permit to continue the connection subject to applicable County standards. No permit shall be issued for any connection or any physical facility or apparatus that is installed, intended, serves, or is known to convey a prohibited discharge to the County storm drain system or waters of the State. (SCC 1295 § 3, 2005: SCC 1280 § 2 (part), 2004)

15.12.250 Negligence or Intent Not Required.

A violation of the provisions of this Article shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. (SCC 1280 § 2 (part), 2004)

Article 3 Reduction of Pollutants in Stormwater

15.12.300 General Requirements for Best Management Practices.

Any person engaged in activities which may result in pollutants entering the stormwater conveyance system shall, to the maximum extent practicable, undertake BMPs to reduce the risk of Non-stormwater discharge and/or pollutant discharge. (SCC 1280 § 2 (part), 2004)

15.12.302 Significant Industrial Activities.

a. The Administrator may designate as significant industrial activities those industrial activities or facilities which are identified as potentially significant sources of discharges of pollutants to the County storm drain system. A significant industrial activity may occur at stationary facilities or as a mobile activity that takes place at various job sites.

b. Industries for which the Municipal Stormwater Permit specifies that the County shall conduct routine inspections, or which are listed in Municipal Stormwater Permit provision 9 ii c, are hereby designated as significant industrial activities.

c. Notwithstanding subsection (b) of this section, food establishments, as defined in the Section 113780 of the State of California Health and Safety Code, shall not be designated as significant industrial activities.

d. Significant industrial activity designations that apply only to individual facilities may be made by the Administrator and are subject to appeal under section 15.12.540 of this Chapter.

e. Significant industrial activity designations made by the Administrator pursuant to subsection (a) of this section that apply to classes of activities or facilities shall be subject to the requirements of Section 15.12.330 of this Chapter governing the adoption of regulations. (SCC 1295 § 4, 2005: SCC 1280 § 2 (part), 2004)

15.12.305 County Stormwater Permit.

a. The Administrator may require the owner or operator of a significant industrial activity to obtain a County stormwater permit, which may establish any provisions necessary for the implementation of this Chapter, effective control of stormwater pollutants and non-stormwater discharges, and compliance with the Municipal Stormwater Permit. Provisions may include but are not limited to applicable specified performance requirements; and reporting, documentation, training, and monitoring requirements.

b. Notwithstanding subsection (a) of this Section, food establishments, as defined in the State of California Health and Safety Code Section 113780, and industrial facilities required to obtain coverage under the State Industrial General Permit shall not be required to obtain a County stormwater permit.

c. The County stormwater permit shall describe the aspects of business to which it applies, which may include but are not limited to areas, equipment, buildings, industrial processes, or activities of the business.

d. Any person who continues to own or operate a significant industrial activity without obtaining a County stormwater permit if required by the Administrator, shall be in violation of this Chapter.

e. The Administrator may establish permit fees, according to the provisions of Section 15.12.450 of this Chapter, to fund the County’s costs associated with regulating the permitted activity, including but not limited to administration, inspection, enforcement, compliance assistance, and outreach

f. The Administrator may revoke a County stormwater permit for significant violations of this Chapter. Prior to issuance or revocation of any permit, the Administrator shall establish, as part of the enforcement policy required by Section 15.12.555, written policy regarding permit administration, including timelines and criteria for permit revocation and permit reinstatement. Permit revocation and reinstatement decisions by the Administrator shall be subject to appeal under Section 15.12.540 of this Chapter. (SCC 1280 § 2 (part), 2004)

15.12.310 Containment and Notification of Spills.

a. Any person owning or occupying a premises, or conducting any activity, that has knowledge of any non-stormwater discharge or threatened prohibited discharge, from the premises or activity to the County stormwater conveyance system shall immediately take all reasonable action to contain and otherwise minimize any such discharge.

b. The Administrator may designate individual facilities or types of industries where the owner or operator of the Industry shall be required to notify the Administrator or the implementing agency within twenty-four (24) hours of the discovery of an actual discharge into the County stormwater conveyance system.

c. For any discharge subject to the reporting requirements of the State of California Water Code sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this Section. (SCC 1295 § 5, 2005: SCC 1280 § 2 (part), 2004)

15.12.320 Specified Performance Requirements for Industrial Activities.

a. The Administrator may establish specified performance requirements for significant industrial activities that are intended to apply to a class or classes of industries. Such requirements shall be subject to the provisions for adoption of regulations under Section 15.12.330 of this Chapter.

b. The Administrator may impose specified performance requirements that apply to single facilities. Such requirements shall be subject to appeal under Section 15.12.540 of this Chapter.

c. Any facility that it is in compliance with its State or Federal NPDES Permit for stormwater discharges for that facility shall be deemed to have met the requirements of Section 15.12.300, except that any specified performance requirements applicable to such facilities shall also be met. (SCC 1280 § 2 (part), 2004)

15.12.322 Construction Sites With Building Permits.

Any person owning or operating a construction site for which a building permit has been issued shall implement BMPs to control the discharge of pollutants to the maximum extent practicable, and eliminate non-stormwater discharges that are not in compliance with an NPDES Permit. (SCC 1280 § 2 (part), 2004)

15.12.325 Post Construction Requirements for New Development and Significant Redevelopment.

a. The Administrator shall be authorized to establish specified performance requirements and requirements for BMPs as appropriate to minimize the long-term, post construction discharge of stormwater pollutants from new development or significant redevelopment, to implement the development standards plan, and to comply with the requirements associated with development standards in the Municipal Stormwater Permit, including but not limited to Provisions 16 through 26. The requirements for new development or redevelopment may include but are not limited to performance standards, source control BMPs, treatment BMPs, structural BMPs, operational BMPs, building material specifications or limitations, site design requirements, signage and marking, and associated maintenance programs or schedules.

b. Requirements established pursuant to subsection (a) of this section may be included in development standards, building codes, building permits, conditions of development, or any other appropriate instrument administered by the County. (SCC 1280 § 2 (part), 2004)

15.12.327 BMP Maintenance Requirements.

The Administrator may require a property owner to establish, document, and conduct a maintenance program, subject to approval, for any BMP or to ensure continued compliance with specified performance requirements. This requirement may apply to BMPs required by the County or BMPs that were voluntarily installed. Such a maintenance program may be required when the Administrator determines that proper maintenance is necessary to protect public safety, health, infrastructure, or the environment, or to otherwise meet the purposes of this Chapter. Maintenance requirements established pursuant to this subsection must be appropriate for the site conditions and design of BMPs. (SCC 1295 § 6, 2005: SCC 1280 § 2 (part), 2004)

15.12.330 Administrative Rules and Regulations.

a. The Administrator shall have the authority to promulgate regulations for the implementation of this Chapter. Prior to the Administrator’s initiation of any proposed regulations, the Administrator shall submit a public input plan to the Board for its approval. The public input plan approved by the Board shall be generally applicable to the promulgation of regulations by the Administrator.

b. All regulations promulgated by the Administrator shall be consistent with the provisions of this Chapter. Any such regulations, or amendments thereof, shall be filed with the Clerk of the Board. The Clerk shall cause announcement of said rules or regulations to be published in a newspaper of general circulation within ten calendar days. Such announcements shall provide a reasonable summary of the content of the rule. In addition, the Administrator shall make a reasonable effort to identify, notify, and provide copies to any industries which are specifically designated by the Administrator as subject to a rule or regulation. However, neither the failure of the Administrator to provide such notice nor the failure to receive individual notice shall exempt an industry from that rule or regulation. No regulations promulgated by the Administrator or amendments thereof, shall be enforced or become effective until thirty (30) calendar days following the date on which notification of the regulations are published.

c. Any person who asserts that he or she is aggrieved by the terms or application of a regulation issued pursuant to this section may appeal the issuance of such regulation by filing a written notice of appeal with the Clerk of the Board. The notice of appeal shall specifically identify the regulation or regulations from which the appeal is taken and the reasons for the appeal. Upon receipt of such notice, the Clerk of the Board shall schedule the appeal for a public hearing by the Board. At the conclusion of the public hearing the Board shall be vested with jurisdiction to deny the appeal or to rescind or modify the regulation. The Board’s determination in this regard shall be final.

d. Any regulation from which an appeal is filed prior to its effective date shall not become effective until the date of a determination by the Board of the appeal. Any regulation from which an appeal is filed on or subsequent to the effective date thereof shall remain in full force and effect during the pendency of the appeal, and any decision which rescinds or modifies the regulation shall apply prospectively. (SCC 1280 § 2 (part), 2004)

Article 4 Inspection and Monitoring

15.12.400 Scope of Inspections.

a. Prior to commencing any inspection authorized pursuant to this Chapter, the Administrator shall obtain the consent of the owner or occupant of the premises, an inspection warrant or a criminal search warrant.

b. The Administrator may conduct inspections related to purposes of implementing this Chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this Chapter, including, but not limited to, compliance with requirements of the Municipal Stormwater Permit, visual evidence, complaints received, knowledge or physical evidence of industrial activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, discharge of non-stormwater to the County storm drain system or similar factors.

c. The Administrator may enter upon private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the County storm drain system.

d. The Administrator may enter upon private property for the purpose of verifying compliance with the provisions of this Chapter, including, but not limited to, the following:

1. Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property;

2. Identifying point(s) of discharge of all wastewater, process water systems, pollutants and other discharges from the property;

3. Investigating the drainage patterns of the premises, including natural and graded slopes, and artificial conveyance systems;

4. Establishing the location of all points of discharge from the property, whether by surface run-off or through a storm drain system;

5. Locating any prohibited condition, illicit connection, or the source of any prohibited discharge; and

6. Evaluating implementation of BMPs.

e. For purposes of verifying compliance with the provisions of this Chapter, the Administrator may inspect any vehicle, truck, trailer, tank truck or other mobile equipment, or any stationary equipment, which may reasonably be believed to be used by the business for business-related activities and to be associated with industrial sources of pollutants or with non-stormwater discharges.

f. The Administrator may inspect and copy all records of the owner or occupant of any premises relating to chemicals or processes presently or previously occurring on-site, including materials and/or chemical inventories, facilities maps or schematics or diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, monitoring program plans or any other records relating to illicit connections, prohibited discharges or the potential discharge of pollutants to the County storm drain system. In addition, the Administrator may require the owner or occupant to furnish, within a reasonable time period, copies of all such records.

g. The Administrator may inspect, sample and test any area runoff, soils area (including any groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for the contribution of pollutants to the County storm drain system. The Administrator may investigate the integrity and layout of all storm drain and sanitary sewer systems or other pipelines on the premises using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The Administrator may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the premises.

h. The Administrator may erect and maintain monitoring and sampling devices for the purpose of measuring any discharge or potential source of discharge to the County storm drain system. (SCC 1295 § 7, 2005: SCC 1280 § 2 (part), 2004)

15.12.430 Monitoring Requirements for Industrial Facilities.

a. The Administrator may require industries, at their own expense, to conduct and report monitoring of stormwater and non-stormwater discharges from their facilities and operations, for purposes necessary for the implementation of this Chapter or compliance with the Municipal Stormwater Permit. The goals of monitoring may include but are not limited to characterization of known and potential pollutant sources, pollutant content of discharges, and BMP effectiveness. Required forms of monitoring may include but are not limited to toxicity, flow, and analysis of pollutant concentrations.

b. The Administrator may designate specific monitoring requirements and/or require the discharger or potential discharger to submit a monitoring plan that describes specific monitoring requirements. Specific monitoring requirements may include sampling points, sampling times or deadlines, analysis and sampling methods, frequencies, storm event criteria, and other specifications necessary to ensure timely, adequate, accurate, and representative monitoring;

c. The discharger or potential discharger shall ensure that the integrity of the sample is protected at all times, including collection, handling, splitting, transport, and storage. Deliberate tampering with or altering of a sample shall be a violation of this Chapter.

d. The Administrator may specify information that must be documented in association with any sampling and monitoring event. At a minimum, unless otherwise allowed by the Administrator, the discharger or potential discharger shall record and maintain the following information for each sampling event:

1. The date, exact place, method and time of sampling;

2. The name, title, and employer of the person or persons taking the samples;

3. Sample preservation used;

4. The dates analyses were performed;

5. Sample chain of custody forms;

6. Who performed the analyses;

7. Analytical methods used, including detection limits;

8. Quality assurance and quality control documentation;

9. Laboratory reports of analytical results;

10. Any unusual observations or conditions noted during sample acquisition or analysis.

e. Any information submitted pursuant to this section shall be subject to the approval of the Administrator and the Administrator may require additional information if the Administrator determines the information submitted is incomplete or insufficient. (SCC 1280 § 2 (part), 2004)

15.12.435 Reporting Requirements.

a. The Administrator may require any person to report information for purposes related to the purpose and intent of this Chapter. Required information may include but is not limited to the following: characterization of industrial activities; compliance with this Chapter, compliance with a County stormwater permit; compliance with State General Permit requirements; compliance with the County stormwater Ordinance; compliance with administrative enforcement orders or other enforcement actions; discharge monitoring; training; and BMP implementation, effectiveness, and maintenance.

b. The Administrator may require information to be submitted on an as needed basis, or according to a specific schedule as specified in a County stormwater permit.

c. The Administrator may require submitted information to be compiled, summarized, analyzed or organized in a reasonable manner that facilitates its interpretation or other use. As necessary to facilitate the use of information, the Administrator may also specify the medium and format of required submittals.

d. Failure to provide information in a timely manner as required by the Administrator, or knowingly or negligently concealing, destroying, or providing false information shall be a violation of this Chapter. (SCC 1295 § 8, 2005: SCC 1280 § 2 (part), 2004)

15.12.438 Confidentiality of Information.

a. Information and data on a discharger or potential discharger obtained from inspections, reports, questionnaires, applications, permits, monitoring programs, records, or any other form of submittal to the County shall be available to the public or other governmental agency without notification unless the discharger or potential discharger specifically requests confidentiality as to any portion thereof and is able to demonstrate to the satisfaction of the Administrator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the discharger or potential discharger. Stormwater and non-stormwater discharge constituents and characteristics will not be recognized as confidential information, and effluent data shall be available to the public without restriction.

b. When requested by a discharger or potential discharger furnishing information to the County, and agreed to by the Administrator, the portions of that information which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to the County and other governmental agencies for uses related to the ordinance codified in this Chapter, the National Pollutant Discharge Elimination System (NPDES) and/or the pretreatment program, and enforcement of other environmental regulatory programs. Those portions of the information shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger or potential discharger furnishing the information.

c. Information and data requested from a discharger or potential discharger which the discharger or potential discharger believes to be proprietary and the release of which to the public would substantially impair the operations or business interests of the discharger or potential discharger, may alternatively be provided to the County for its review at the facility of the discharger or potential discharger rather than provided to the County for its keeping, at the discretion of the County. The burden will be on the discharger or potential discharger to demonstrate to the satisfaction of the County that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent the County from properly carrying out the objectives of this Chapter

d. In the event access to or disclosure of any such confidential or proprietary information is requested pursuant to an action brought under federal or state laws, the County shall have the option, in its sole discretion, of defending itself in such action or requiring the discharger or potential discharger to provide a defense. If the County makes written tender upon a discharger or potential discharger to defend such an action with counsel acceptable to County and such discharger or potential discharger does not appear in and assume the defense of such action within the time specified in the tender, the County shall be free to disclose the information to the party making request therefore. In any event, the discharger or potential discharger shall be liable to the County in defending such action and for any judgment rendered against the County in such action. Payment of all such amounts shall be made by the discharger or potential discharger within thirty (30) days of billing by the County. (SCC 1295 § 9, 2005: SCC 1280 § 2 (part), 2004)

15.12.440 Record Retention.

Any reports, data, or other records and documentation required by the Administrator of a discharger to be collected or submitted for characterizing discharges, demonstrating compliance with this Chapter, or otherwise related to the purposes of this Chapter, shall be retained at the discharger’s premises and made readily available to the Administrator for a period of not less than three years. (SCC 1295 § 10, 2005)

15.12.450 Fees.

The Administrator shall collect such fees as may be established by the Board to provide for the recovery of regulatory costs, including routine inspections and other regulatory functions associated with this Chapter. Any such fees shall be established by resolution of the Board. Failure to pay required fees within the time period set in policy established by the Administrator shall be a violation of this Chapter. There shall be no fee assessed to appeal the determination that a person conducts any significant industrial activity. (SCC 1280 § 2 (part), 2004)

Article 5 Enforcement

15.12.500 Enforcement at Construction Sites with Building Permits.

Any person found to be in violation of any provision of this Chapter in connection with activities subject to a building permit issued pursuant to Title 16 of the Sacramento County Code, shall be subject to the enforcement provisions of both this Chapter and Title 16. (SCC 1295 § 11, 2005: SCC 1280 § 2 (part), 2004)

15.12.505 Notice of Violation.

The Administrator may issue a notice of violation to any person found to be in violation of a provision of this Chapter, including any regulation, permit, information request, order, variance, or other requirement that the Administrator is authorized to enforce or implement pursuant to this Chapter. (SCC 1280 § 2 (part), 2004)

15.12.520 Cease and Desist Orders.

a. Any violation of this Chapter in which the Administrator also determines that the violation constitutes an immediate threat to public health or safety, including by way of illustration and not limitation, significant harm to human or aquatic life or to the County storm drain system or natural surface waters, may result in an order to immediately cease and desist all activities causing such immediate threat.

b. A cease and desist order shall direct the owner or occupant of any premises subject to this Chapter, or any person named therein which is subject to this Chapter, to immediately discontinue all or specified prohibited conditions or discharges to the County storm drain system, natural surface waters, or otherwise, until such time as abatement actions sufficient in the determination of the Administrator have been satisfactorily effected and so confirmed by written amendment to said cease and desist order.

c. Any cease and desist order may be appealed pursuant to the administrative appeals process of this Chapter; provided, however, the effect of the cease and desist order shall remain in effect pending final determination thereof. Nothing shall limit the Administrator’s authority to continue enforcement actions under a pending cease and desist order, including modifying a cease and desist order consistent with the purpose and intent of this Chapter.

d. Any cease and desist order shall be cumulative with all of the remedies in this Chapter and as provided by law.

e. A cease and desist order shall inform the discharger of the Administrator’s authority and intent to conduct abatement of the violation or threatened violation according to Section 15.12.550, if the discharger fails to comply with the requirements of the order within the specified time frame.

f. If the discharger fails to comply with a cease and desist order within the time specified in the order, the Administrator may conduct abatement of the violation according to Section 15.12.550.

g. Nothing in this section requires the Administrator to issue a cease and desist order before conducting summary abatement as provided under Section 15.12.550. (SCC 1295 § 12, 2005: SCC 1280 § 2 (part), 2004)

15.12.525 Enforcement Actions—Content.

a. In addition to any other content, a notice of violation, or a cease and desist order shall contain the following elements:

1. A statement of the Administrator’s findings that indicates a violation has occurred.

2. A citation of the provision of this Chapter that has been violated.

3. A date by which any person must be in compliance with this Chapter, or a date by which an action plan must be submitted by the person to propose a means and time frame by which to correct violations. The Administrator may extend the compliance date when good cause exists for such an extension.

4. Notification that continued non-compliance may result in additional enforcement action being taken against the business, facility, or any responsible persons.

5. Notification that the County may recover any costs incurred by the County as a result of the violation.

6. Notification that a violation of this Chapter may result in an administrative civil penalty of up to five thousand dollars ($5,000.00) per violation for each day that the violation occurs, or in criminal penalties.

7. Notification that the recipient has a right to a hearing on the matter as set forth in Section 15.12.540 of this Chapter, to determine the enforcement of any administrative civil penalty sought by the Administrator, or to appeal any findings or required corrective actions established by the Administrator.

8. Notification of hearing dates, appeal deadlines, and procedures for requesting a hearing established according to Section 15.12.540 of this Chapter.

b. In addition to any other content, a notice of violation, or a cease and desist order, or a notice of administrative civil penalty may establish required corrective actions, including the following:

1. Terms, conditions, and requirements reasonably related to the provisions of this Chapter, including the following:

A. Cessation of illicit discharges.

B. Correction of prohibited conditions.

C. A requirement for submittal of a written action plan for achieving and maintaining compliance with this Chapter. The Administrator may require the action plan to address specific items, including the following:

i. Specific time schedules for compliance;

ii. Description of BMPs that will be implemented for containment, cleanup, removal, storage, or proper disposal of any material having the potential to contribute pollutants to stormwater runoff;

iii. Identification of persons responsible for compliance with this Chapter.

D. Reporting requirements to demonstrate ongoing compliance.

2. A requirement that the person receiving same shall submit written certification to the Administrator that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including but not limited to receipts, contracts, or photographs.

3. Any other terms or conditions reasonably calculated to prevent additional or on-going violations of this Chapter.

c. A notice of violation, a cease and desist order, or a notice of administrative civil penalty may be issued separately or in combination with another notice or order for the same violations or set of related violations. (SCC 1295 § 13, 2005: SCC 1280 § 2 (part), 2004)

15.12.530 Delivery of Notice.

Any notice of violation, cease and desist order, permit revocation, notice of administrative civil penalty or other enforcement action pursuant to the requirements of this Chapter shall be subject to the following requirements:

a. Delivery shall be deemed complete upon either personal delivery to the recipient or by deposit in the U.S. Mail postage pre-paid for first class delivery.

b. Where the recipient of the notice or order is the owner of the premises, the address for notice or order shall be the address from the most recently issued equalized assessment roll for the premises.

c. Where the owner or occupant of any premises cannot be located after reasonable efforts of the Administrator, the notice or order shall be deemed delivered after posting on the premises for a period of ten (10) business days. (SCC 1295 § 14, 2005: SCC 1280 § 2 (part), 2004)

15.12.540 Administrative Appeals.

a. Administrative hearings and appeals under this Chapter shall be to a Hearing Officer appointed pursuant to Government Code section 27720 et seq. Each Hearing Officer shall also meet the requirements of Government Code section 11425.30 and any other applicable restriction.

b. Any person served with a notice or order pursuant to this Chapter shall be provided an opportunity for a hearing prior to enforcement of an administrative civil penalty; or to appeal required corrective actions or the Administrator’s findings of a violation of this Chapter.

1. Appeal Hearing. If a notice of violation or a cease and desist order is issued, but not concurrently with a notice of administrative civil penalty, the person who receives it shall be afforded an opportunity for a hearing to appeal the Administrator’s findings or required corrective actions in the manner described in the following subsections:

A. To appeal the Administrator’s findings, required corrective actions, or any provision of a notice or order, the person shall file a written request for hearing. The filing period for a request for hearing shall be set in written policy by the Department issuing the notice or order adopted pursuant to 15.12.330, but shall in no case be less than fifteen (15) calendar days. Any notice or order shall notify the recipient of the specific date by which the notice must be filed. The request for hearing shall be filed with the party issuing the notice or order at the address so designated on the notice and must be accompanied by payment of the Hearing Officer fee, established and amended from time to time by the Administrator based upon actual expense. If the person filing a request for hearing prevails on appeal, then the Hearing Officer fee will be refunded by the Administrator. A request for hearing shall be deemed filed within the filing period if it is postmarked within that period. If a request for hearing is not filed within the proscribed filing period, the notice, order or other action or determination by the Administrator shall become final.

B. Except as provided in subsection (b)(1)(C) of this section, within ninety (90) calendar days of receipt of the request for hearing by the Administrator, the hearing shall be scheduled by the Administrator with a Hearing Officer designated by the Administrator, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the Administrator shall have all the authority granted to an agency by those provisions. Except as provided in subsection (b)(1)(C) of this section, the Hearing Officer shall issue a decision within sixty (60) calendar days after the completion of any hearing conducted pursuant to this section.

C. When a cease and desist order is issued pursuant to this Chapter, the hearing shall be scheduled by the Administrator with a Hearing Officer within fifteen (15) calendar days of receipt by the Administrator of the request for hearing. The Hearing Officer shall issue a decision within fifteen (15) calendar days after the completion of any hearing conducted pursuant to this subsection.

2. Administrative Civil Penalty Hearing. If the Administrator issues a notice of administrative civil penalty, prior to enforcement of any penalty, the person receiving the notice shall be afforded an opportunity for a hearing. The notice shall establish a time, date and place for the hearing before a Hearing Officer, as follows.

A. The date for the hearing which shall be no less than thirty (30) calendar days and no more than ninety (90) days from the date of the notice, except that if the notice is issued concurrently with a cease and desist order, the hearing date shall be no more than forty-five (45) days from the date of the notice.

B. Alternative dates for the hearing may be established by mutual consent of the person and the Administrator, or as ordered by the Hearing Officer.

3. Combined Hearing. An appeal hearing may be consolidated with a hearing for an administrative civil penalty, as follows:

A. If a notice of administrative civil penalty is issued concurrently with a notice of violation or cease and desist order for the same violation or a related set of violations, and if the person files a request for hearing, according to the procedures established in subsection (b)(1)(A) of this Section, the appeal hearing shall be conducted in conjunction with the administrative civil penalty hearing.

B. If a notice of administrative civil penalty is not issued concurrently with a notice of violation or cease and desist order, but is issued within a reasonably close period of time for the same violation or a related set of violations, and if the person receiving the notice or order files a request for hearing according to the procedures established in subsection (b)(1)(A) of this Section, the appeal hearing may be conducted in conjunction with the administrative civil penalty hearing, at the discretion of the Hearing Officer.

4. Recovery of Hearing Costs. The Administrator may recover the costs incurred by the County for hearings as follows:

A. Cost for Appeal Hearing. For appeal hearings, the provisions of Section 15.12.450 notwithstanding, the Administrator shall set a standard fee to be paid by the person at the time that the request for hearing is filed. The purpose of the fee is to recover the County’s costs, or portion thereof, for the Hearing Officer. If the person filing a request for hearing prevails on appeal, then the hearing officer fee will be refunded by the Administrator. In addition, by order of the hearing officer, the County may be awarded its costs, including hearing officer fees above and beyond the standard fee, staff time, and attorneys’ fees, in defending against an unsuccessful appeal brought without substantial merit, which costs may be charged jointly and severally against the appellants and recovered as costs of enforcement as provided herein. Such an award must be based upon a finding supported by a preponderance of the evidence that the appeal was without substantial merit or was taken for the sole purpose of delay.

B. Costs for Administrative Civil Penalty Hearing. If the County prevails in seeking an administrative civil penalty, by order of the hearing officer, the County may be awarded costs incurred while seeking the penalty, including hearing officer fees, staff time, and attorneys’ fees.

5. If the Administrator finds that a violation(s) may pose an imminent and substantial endangerment to the public health or safety or the environment, any required corrective action established by a notice or order issued under this Chapter that are intended to correct such violations, shall take effect upon issuance, regardless of the filing of a request for hearing.

c. Administrative hearings for matters concerning this Chapter shall be conducted according to Sections 15.12.540 through 15.12.548 hereof. (SCC 1295 § 15, 2005: SCC 1280 § 2 (part), 2004)

15.12.543 Conduct of Administrative Hearings—Generally.

a. General. At the time set for hearing, the Hearing Officer shall state what the prima facie case is, what the burden of proof is, and what the range of penalties is. The Hearing Examiner shall proceed to hear the testimony of the Administrator, the person, and other competent persons respecting the circumstances of the violation, and other relevant facts concerning the matter. The Hearing Officer shall follow the rules of procedure for conducting hearings established by this Code.

b. Record of Oral Evidence at Hearing. A record of the entire hearing proceedings shall be made by either a certified court reporter or any other means of permanent recording determined to be appropriate by the Hearing Officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefore. Such fees may be established and revised from time-to-time by the Administrator.

c. Continuances. The Hearing Officer may, upon request of the person, a party in interest, or the Administrator, grant continuances from time to time for good cause shown, or upon his/her own motion. Any continuance granted shall in no way diminish the responsibility of the person and/or parties in interest for maintaining the premises, nor affect other requirements of this Chapter regarding time for challenging any decisions made or actions taken.

d. Oaths—Certification. The Hearing Officer or certified shorthand reporter shall administer the oath or affirmation.

e. Evidence Rules. Government Code of the State of California, Section 11513, as presently written, or hereinafter amended, shall apply to hearings conducted under this Chapter.

f. Rights of Parties. Each party may represent themselves, or be represented by anyone of their choice. Each party may appear at the hearing and offer evidence in this matter and cross examine witnesses.

g. Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state.

f. Inspection of Premises. The Hearing Officer may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:

1. Notice of such inspection shall be given to the parties before the inspection is made;

2. The parties are given an opportunity to be present during the inspection;

3. The Hearing Officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom; and

4. Each party then shall have a right to rebut or explain the matters so stated by the Hearing Officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

g. Burden of Proof. The burden of proof in hearings held pursuant to this Chapter shall be as follows:

1. In the case of any notice or order, the Administrator shall bear the burden of proof, by a preponderance of evidence, to show that a violation of this Chapter has occurred.

2. In the case of a notice of administrative civil penalty, the Administrator shall bear the burden of proof, by a preponderance of evidence, to show that a penalty should be assessed.

3. In the case of an appeal regarding the occurrence of a violation, or of required corrective actions, the appellant shall bear the burden of proof, by clear and convincing evidence, to show cause for amending or rejecting all or part of the corrective actions or requirements imposed by the Administrator by a notice or order. (SCC 1295 § 16, 2005)

15.12.545 Form and Contents of Decision—Finality of Decision.

a. Following the hearing, the hearing officer shall issue an order in writing no later than thirty (30) days from the date of the hearing, unless the time is waived by the parties. The order shall contain findings of fact and rationale appropriate to the violation and result, and a resolution of the essential issues raised, including the following:

1. Confirmation or denial of the occurrence of violations of this Chapter that are alleged by the Administrator;

2. Confirmation or rejection of any administrative civil penalty sought by the Administrator, and establishment of the monetary amount of any administrative civil penalty to be enforced.

3. Confirmation, amendment, or rejection of required corrective actions related to compliance with this Chapter that are imposed by the Administrator, but only if those requirements are appealed by the person.

b. The Hearing Officer’s order concerning any administrative civil penalty shall be guided by factors including, but not limited to the following: the danger or harm to public health and safety or the environment created by the violation; actions by the person to prevent, correct, or conceal the violation; negligence; intent; recidivism; and any economic benefit associated with non-compliance.

c. The Hearing Officer’s order shall uphold required corrective actions if the person fails to show clear and convincing evidence that the required corrective actions are unreasonable or unnecessary for achieving or demonstrating ongoing compliance with this Chapter. The Hearing Officer’s order may amend, or reject required corrective actions, provided that compliance with this Chapter will be achieved. The Hearing Officer’s order shall not address required corrective actions unless the person files a request for hearing according to the procedures established in Section 15.12.540(b)(1)(A) of this Chapter.

d. The Hearing Officer’s order shall inform the person of the following:

1. If the violation is not corrected, or if any required corrective actions are not met within the time(s) required, that the violation may be abated by the County, without further notice or consent of the person or any party in interest, in such manner as may be ordered by the Hearing Officer, and the expense thereof, including all costs of enforcement, incurred by the County as a result of the person’s failure to comply, shall be recoverable by the County, and may be made a lien on the subject premises pursuant to the provisions of Government Code Section 25845. Additionally, upon entry of a second or subsequent order within a two-year period finding that the person is responsible for a condition that may be abated in accordance with this Chapter and Government Code Section 25845, or any successor provision thereto, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the Hearing Officer may order the person to pay treble the costs of abatement pursuant to Government Code Section 25845.5, or any successor provision thereto.

2. The time and manner by which a person may file a challenge to the Hearing Officer’s order is governed by Government Code Section 53069.4, or any successor provision thereto.

3. Failure to comply with the Hearing Officer’s order shall constitute a misdemeanor and is subject to additional enforcement action, including criminal penalties and additional civil and administrative penalties.

e. The order issued by the Hearing Officer pursuant to this Section shall be effective upon issuance. A copy of the order shall be delivered by the Hearing Officer in accordance with Section 15.12.530.

f. Preparation of a record of the administrative proceeding shall be governed by the provisions of Sacramento County Code, Chapter 1.06, as presently written or hereinafter amended.

g. The provisions of Sacramento County Code, Chapter 1.06 notwithstanding, any challenge to the order of the Hearing Officer concerning any appeal or administrative civil penalty shall be governed by Government Code Section 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code Section 53069.4 on the County shall be served upon the Clerk of the Board.

h. After any notice or order made pursuant to this Chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order. The Administrator may pursue, through County Counsel or the District Attorney, appropriate judicial action against any person who fails to comply with any such notice or order, including charging that person with a misdemeanor offense. (SCC 1295 § 17, 2005)

15.12.548 Procedures for Collection of Administrative Civil Penalty.

a. The administrative penalty shall be due and payable within thirty (30) days after the Hearing Officer’s decision is issued. If the penalty is not timely paid, the County may pursue all reasonable and legal means in collecting those sums authorized and due.

b. All administrative civil penalties collected from actions brought pursuant to this Chapter shall be paid to the County department(s) enforcing this Chapter, and shall be deposited into a special account that shall be expended to fund the activities of the department to implement the applicable provisions of this Chapter. (SCC 1295 § 18, 2005)

15.12.549 Actions Not Prohibited.

This Chapter does not do any of the following:

a. Otherwise affect the authority of the Administrator to take any other action authorized by any other provision of law.

b. Restrict the power of a city attorney, district attorney, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.

c. Prevent the Administrator from cooperating with, or participating in, proceeding specified in subsection 15.12.549(b). (SCC 1295 § 19, 2005)

15.12.550 Nuisance and Abatement.

a. Any condition in violation of the provisions of this Chapter, including, but not limited to, the maintenance or use of any illicit connection or the occurrence of any prohibited discharge, is declared and deemed to be a public nuisance.

b. At the request of the Administrator, the County may seek a court order to enjoin or abate the nuisance, or both. Prior to seeking any court order to enjoin or abate a nuisance or threatened nuisance, the Administrator shall issue a cease and desist order to the owner and occupant, if any, of the Premises where the nuisance or threatened nuisance is occurring.

c. At the request of the Administrator, the County may seek an abatement warrant or other appropriate judicial authorization to enter the Premises where any nuisance or threatened nuisance is occurring and to abate the condition and restore the area.

d. In the event the nuisance constitutes an imminent danger to public safety or the environment, the Administrator may enter the premises from which the nuisance emanates, abate the nuisance and restore any property affected by the nuisance without prior notice to or consent from the owner or occupant thereof and without judicial warrant.

1. An imminent danger shall include, but is not limited to, exigent circumstances created by the dispersal of pollutants, where such pollutants present a significant and immediate threat to the public health and safety or the environment.

2. Notwithstanding the authority of the County to conduct an emergency abatement action, an administrative hearing pursuant to Section 15.12.540 shall follow the emergency abatement action. (SCC 1280 § 2 (part), 2004)

15.12.555 Enforcement Policy.

In the interest of achieving consistent enforcement of this Chapter, and in recognition of the need to have enforcement policy adapted to the structure and practices of various implementing agencies, each implementing agency that is delegated enforcement responsibility pursuant to this Chapter by the Administrator or the Board shall submit, to the Director of Water Resources, a draft written enforcement policy. Each such enforcement policy need only address those enforcement duties assigned to the implementing agency. Each policy shall address, if included in the delegated duties, guidelines for: the issuance of notices of violation, issuance of cease and desist orders, County stormwater permit administration, abatement, compliance deadlines, filing periods for administrative appeals, and imposition of administrative civil penalties. Enforcement policies shall take into consideration such factors as the nature, circumstances, extent, and gravity of the violation, and the violator’s past and present efforts to comply. Upon approval by the Director of Water Resources, the enforcement policy shall be deemed adopted by the implementing agency who shall use such policy to achieve consistent enforcement standards by said implementing agency. Any amendments to an enforcement policy must be submitted to the Director of Water Resources for approval. (SCC 1295 § 20, 2005: SCC 1280 § 2 (part), 2004)

15.12.560 Administrative Civil Penalties.

a. In addition to any other remedies provided by this Chapter, the person may be subject to an administrative civil penalty of up to five thousand dollars ($5,000.00) per day for each violation of this Chapter. In seeking imposition of an administrative civil penalty, the Administrator shall commence the procedure by issuing a notice of administrative civil penalty, which shall be served and proof of service shall be made in the same manner as provided in Section 15.12.530 of this Chapter.

b. The notice of administrative civil penalty shall state that the recipient has a right to a hearing as set forth in Section 15.12.540 of this Chapter.

c. Procedures concerning notice, conduct of the hearing, and service shall be as provided in Section 15.12.540 of this Chapter.

d. Subsections 15.12.560(a), (b), and (c) notwithstanding, the Administrator may establish a schedule of fines which, if adopted by the Board, and as it may be amended from time to time by the Board, shall become appended to this Chapter. The schedule of fines shall define specific violations for which an administrative civil penalty shall apply, and shall assign a specific monetary penalty to be assessed for each violation included in the schedule of fines. When the Administrator has found that such violation has occurred and has issued an appropriate notice or order pursuant to this Chapter, the administrative civil penalty shall be enforceable without further action being required. Any person receiving such a schedule of fines penalty shall be entitled to appeal the Administrator’s findings giving rise to such penalty pursuant to the procedure established in Section 15.12.540 of this Chapter. (SCC 1295 § 21, 2005: SCC 1280 § 2 (part), 2004)

15.12.570 Criminal Penalties.

a. Any person who violates any provision of this Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this Chapter after notice thereof, fails to or fails to comply with a specified compliance requirement or a provision of a County stormwater permit, shall be guilty of a misdemeanor and upon conviction thereof be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than six months in the County Jail, or both.

b. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Chapter, a notice of violation, a cease and desist order, or failure to comply with specified compliance requirements or a provision of a County stormwater permit, shall constitute a separate violation of this Chapter punishable by fines or sentences in accordance herewith.

c. The Administrator may authorize specifically designated County employees to issue citations for misdemeanor violations of this Chapter pursuant to Penal Code Section 836.5. (SCC 1295 § 22, 2005: SCC 1280 § 2 (part), 2004)

15.12.580 Miscellaneous Enforcement Provisions.

a. Each and every remedy available for the enforcement of this Chapter shall be non-exclusive and it is within the discretion of the Administrator to seek cumulative remedies.

b. The Administrator may request the County to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing non-compliance with the provisions of this Chapter. Any temporary, preliminary or permanent injunction issued pursuant to this subsection may include an order for reimbursement to the County of all costs incurred in enforcing this Chapter, including, but not limited to, costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the County, costs relating to the restoration of the environment and any other costs or expenses authorized by law.

c. The Administrator may request the County to file an action for civil damages in a court of competent jurisdiction seeking recovery of any of the following:

1. All costs incurred in the enforcement of this Chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses authorized by law and consequential damages.

2. All costs incurred in mitigating harm to the environment or reducing the threat to human health.

3. Damages for irreparable harm to the environment.

d. The County is authorized to file actions for civil damages resulting from any trespass or nuisance occurring on public property or to the County storm drain system from any violation of this Chapter where such violation has caused damage, contamination or harm to the environment, public property or the County storm drain system.

e. The remedies available to the County pursuant to the provisions of this Chapter shall not limit the right of the County or any law enforcement agency to seek any other legal or equitable remedy that may be available to it.

f. Each day in which a violation occurs and each separate failure to comply with specified compliance requirements or provision of a County stormwater permit, a separate provision of this Chapter, an Administrative enforcement order, or a cease and desist order shall constitute a separate violation of this Chapter punishable by civil, criminal and administrative penalties in accordance with this Chapter. (SCC 1295 § 23, 2005: SCC 1280 § 2 (part), 2004)

Article 6 Recovery of Cost Abatement

15.12.600 Costs of Abatement—Confirmation.

a. When proceedings under this Chapter result in the correction of a violation of this Chapter or in a final determination that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of this Chapter, the costs of such proceedings incurred by the County may be assessed against the property. Such costs may include, but are not limited to, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

b. The Administrator shall keep an account of the administrative and other costs of abatement, and shall submit to the Board for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the Clerk of the Board not later than fifteen (15) calendar days in advance of the confirmation hearing required below.

c. Upon receipt of the report, the Clerk of the Board shall schedule a public hearing to receive protests and confirm the report. A statement of the proposed assessment and notice of the time, date and place of the hearing, together with reference to the report on file with the Clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed shown on the last equalized assessment roll available on the date of mailing of the notice or any other address or addresses ascertained to be more accurate. Such notice shall be mailed not later than fifteen (15) calendar days in advance of the hearing. Notice of the time, date and place of the public hearing by the Board shall be published once in a newspaper of general circulation published with the County.

With respect to each property proposed to be assessed for which the name or the owner or owners is not shown on the last equalized assessment roll or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners, if such name or names are shown on the last equalized assessment roll, the assessor’s parcel number, the street address of the property, if the property has an address and the address is known to the Administrator, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the Clerk. Such publication shall be made not later than fifteen (15) calendar days in advance of the hearing.

d. At the time fixed for receiving and considering the report, the Board shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the abatement. Written protests or objections shall specify the date, hour and description of the subject property under hearing. The Board may continue the hearing and delegate to the Administrator or his designee the responsibility of hearing individual protests and submitting a recommendation with respect thereto; provided that the Board provides an opportunity for individual consideration of each project upon receipt of the recommendation by the Administrator. The Board may modify the report if it is deemed necessary. The Board shall then confirm the report by motion or resolution. (SCC 1280 § 2 (part), 2004)

15.12.610 Costs—Assessments.

a. If the costs as confirmed are not paid within thirty (30) days of the date of mailing of the notice or date of publication pursuant to Section 15.12.600 of this chapter, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code, and shall be transmitted to the Tax Collector for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

b. If subsequent to the mailing of the notice of violation and prior to transmittal of the notice of unpaid costs to the Tax Collector for collection as set forth in subsection (a) of this section, the property subject to the notice of violation is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of violation was placed in the United States postal system or posted on the property.

c. In addition to assessing the unpaid costs as provided in subsection (a) of this section, the Tax Collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs. (SCC 1280 § 2 (part), 2004)

15.12.620 Treble Costs.

Pursuant to Government Code Section 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner is responsible for a condition in violation of this Chapter that may be abated pursuant to Government Code Section 25845, a court may order the owner to pay treble the costs of abatement. (SCC 1280 § 2 (part), 2004)

15.12.630 Hearing of Protests.

Upon the day and hour fixed for the hearing, the Board shall hear and pass upon the report of the Administrator together with any such protests or objections. The Board may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the Board is satisfied with correctness of the charge, the report of the Administrator (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the Board on the report and the charge and on all objections or protests shall be final and conclusive. (SCC 1280 § 2 (part), 2004)

15.12.640 Assessment for Summary Abatement.

Where the charge to be made is the result of summary abatement pursuant to Section 15.12.550(d), the Board may determine whether or not the action to abate was proper, and may confirm the charge or not as it may deem proper. (SCC 1295 § 24, 2005: SCC 1280 § 2 (part), 2004)

15.12.650 Time for Contest of Assessment.

The validity of any assessment made under the provisions of this Chapter shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is ordered to be placed upon the assessment roll as provided herein. (SCC 1280 § 2 (part), 2004)

15.12.660 Filing Copy of Report With County Auditor.

A certified copy of the assessment shall be filed with the County Auditor on or before August 1. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the County Assessor for the current year. (SCC 1280 § 2 (part), 2004)

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