A.
Title.
This chapter shall be known as the "Regulation of Stormwater" of the
county of Merced and may be so cited.
B.
Purpose
and Intent. The purpose and intent of this chapter is to ensure the
health, safety, and general welfare of citizens, and protect and enhance
the water quality of watercourses and water bodies in a manner pursuant
to and consistent with the Federal Clean Water Act (33 U.S.C. Section
1251 et seq.) by reducing pollutants in storm water discharges to
the maximum extent practicable and by prohibiting non-stormwater discharges
to the storm drain system.
In addition, this chapter has been written to enact requirements
stipulated in the "National Pollutant Discharge Elimination System
(NPDES) General Permit for Waste Discharge Requirements (WDRs) for
Storm Water Discharges from Small Municipal Separate Storm Sewer Systems
(MS4s)" adopted by the State Water Resources Control Board.
This chapter creates regulations that govern management of construction
projects, the layout and design of new projects, and inspection and
monitoring of existing facilities which may cause or contribute pollution
or illicit discharges to storm drainage systems under the jurisdiction
of the county of Merced.
C.
"Best management practices (BMPs)"
"Clean water act"
"Construction activity"
1.
2.
3.
4.
5.
"Contamination"
"County"
"Discharger"
"Hazardous materials"
"Illicit connection"
"Illicit discharge"
"Incidental runoff"
"Industrial activity"
"National pollutant discharge elimination system (NPDES) stormwater
discharge permits"
"Nonstormwater discharge"
"Person"
"Pollutant"
"Pollution"
"Porter-cologne act"
"Premises"
"Regulated projects"
1.
2.
3.
4.
"Sediment control plan (SCP)"
"Storm drain system"
"Stormwater"
"Waters of the united states (waters)"
Definitions.
The terms used in this chapter shall have the following meanings:
means activities, practices, and procedures to prevent or
reduce the discharge of pollutants directly or indirectly to the municipal
storm drain system.
means the Federal Water Pollution Control Act (33 U.S.C.
Section 1251 et seq.), and any subsequent amendments thereto.
means any construction activity subject to the most recent
version of the "National Pollutant Discharge Elimination (NPDES) General
Permit for Storm Water Discharges Associated with Construction Activities
and Land Disturbance Activities" issued by the State Water Resources
Control Board including:
Any construction or demolition activity, including, but not
limited to, clearing, grading, grubbing, or excavation, or any other
activity that results in a land disturbance of equal to or greater
than one acre.
Construction activity that results in land surface disturbance
of less than one acre if the construction activity is part of a larger
common plan of development or sale of one or more acres of disturbed
land surface.
Construction activity related to residential, commercial, or
industrial development on lands currently used for agriculture including,
but not limited to, the construction of buildings related to agriculture
that are considered industrial pursuant to USEPA regulations, such
as dairy barns or food processing facilities.
Construction activity associated with Linear Underground/Overhead
Projects (LUPs) including, but not limited to, those activities necessary
for the installation of underground and overhead linear facilities
(e.g., conduits, substructures, pipelines, towers, poles, cables,
wires, connectors, switching, regulating and transforming equipment
and associated ancillary facilities) and include, but are not limited
to, underground utility markout, potholing, concrete and asphalt cutting
and removal, trenching, excavation, boring and drilling, access road
and pole/tower pad and cable/wire pull stations, substation construction,
substructure installation, construction of tower footings and/or foundations,
pole and tower installations, pipeline installations, welding, concrete
and/or pavement repair or replacement, and stockpile/borrow locations.
Discharges of sediment from construction activities associated
with oil and gas exploration, production, processing, or treatment
operations or transmission facilities.
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Construction activities do not include:
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1.
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Routine maintenance to maintain original line and grade, hydraulic
capacity, or original purpose of the facility.
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2.
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Disturbances to land surfaces solely related to agricultural
operations such as disking, harrowing, terracing and leveling, and
soil preparation.
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3.
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Construction activity that disturbs less than one acre of land
surface, and that is not part of a larger common plan of development
or the sale of one or more acres of disturbed land surface.
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4.
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Landfill construction activity that is subject to the Industrial
General Permit.
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5.
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Discharges occurring in basins that are not tributary or hydraulically
connected to waters of the United States.
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means the impairment of the quality of the waters by waste
to a degree which creates a hazard to the public health through poisoning
or through the spread of disease including any equivalent effect resulting
from the disposal of waste, whether or not the waters are affected.
(California Water Code Section 13050(l)(2).)
means the county of Merced.
means any person who discharges, or causes to discharge,
either directly or indirectly, stormwater or any other material into
the storm drain system.
means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed (California
Health and Safety Code Section 25117.)
means pipes, drains, open channels, or other conveyances
that have the potential to allow an illicit discharge to enter the
storm drain system.
means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 9.53.020(A)(1) of this chapter. Illicit discharges include all non-stormwater discharges not otherwise authorized in this chapter, including discharges from organized car washes, mobile cleaning and pressure wash operations.
means unintended amounts (volume) of runoff, such as unintended,
minimal over-spray from sprinklers that escapes the area of intended
use. Water leaving an intended use area is not considered incidental
if it is part of the facility design, if it is due to excessive application
(over watering), if it is due to in-tentional overflow or application,
or if it is due to negligence.
means any activity subject to NPDES Industrial Permits including
stormwater discharges from industrial plant yards; immediate access
roads and rail lines used or traveled by carriers of raw materials,
manufactured products, waste material, or by-products used or created
by the facility; material handling sites; refuse sites; sites used
for the application or disposal of process waste waters; sites used
for the storage and maintenance of material handling equipment; sites
used for residual treatment, storage, or disposal; shipping and receiving
areas; manufacturing buildings; storage areas, including tank farms,
for raw materials, and intermediate and final products; and areas
where industrial activity has taken place in the past and significant
materials remain and are exposed to storm water. Material handling
activities include storage, loading and unloading, transportation,
or conveyance of any raw material, intermediate product, final product,
by-product or waste product. (40 CFR Section 122.26(b)(14).)
means general, group, and individual storm water discharge
permits which regulate facilities defined in federal NPDES regulations
pursuant to the Clean Water Act.
The California Regional Water Quality Control Board, Central
Valley Region 5 (hereinafter, "Regional Board") and the State Water
Resources Control Board have adopted general storm water discharge
permits, including but not limited to, the general construction activity
and general industrial activity permits.
means any discharge to the storm drain system that is not
composed entirely of stormwater.
means any natural person as well as any corporation, partnership,
public agency, trust, estate, co-operative association, joint venture,
business entity or other similar entity, or the agent, employee or
representative of any of the above.
means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes,
and solvents; oil and other automotive fluids; non-hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter,
or other discarded or abandoned objects, articles, and accumulations,
so that same may cause or contribute to pollution; floatables; pesticides,
herbicides, and fertilizers; hazardous substances and wastes; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building
or structure (including but not limited to sediments, slurries, and
concrete rinsates); and noxious or offensive matter of any kind.
means the human-made or human-induced alteration of the quality
of the waters by waste to a degree which unreasonably affects, or
has the potential to unreasonably affect, either the waters for beneficial
uses or the facilities which serve these beneficial uses (California
Water Code Section 13050(l)(1)). Pollution may include contamination.
means the Porter-Cologne Water Quality Control Act and as
amended (California Water Code Section 13000 et seq.), and any subsequent
amendments thereto.
means any building, lot, parcel of land, or portion of land
whether improved or unimproved.
means all projects that create and/or replace 5,000 square
feet or more of impervious surface. Regulated projects include new
development and redevelopment projects on public or private land that
fall under the planning and permitting authority of the county. Redevelopment
is any land-disturbing activity that results in the creation, addition,
or replacement of existing impervious surface area on a site on which
some past development has occurred. Redevelopment does not include
trenching, excavation and resurfacing associated with linear underground
projects (LUPs), pavement grinding and resurfacing of existing roadways,
construction of new sidewalks, pedestrian ramps, or bike lanes on
existing roadways, or routine replacement of damaged pavement such
as pothole repair or replacement of short, non-contiguous sections
of roadway.
Regulated projects do not include:
Detached single-family home projects that are not part of a
larger plan of development;
Interior remodels;
Routine maintenance or repair such as: exterior wall surface
replacement, pavement resurfacing within the existing footprint;
Linear underground projects (LUPs), unless the LUP has a discrete
location that has 5,000 square feet or more of newly constructed contiguous
impervious surface; in that case, only the specific discrete location
will be considered to be a regulated project.
means an erosion and sediment control plan prepared for a
construction activity designating the type and location of BMPs to
be incorporated into a particular construction project.
means publicly owned facilities operated by the county by
which stormwater is collected and/or conveyed, including but not limited
to, any roads with drainage systems, municipal streets, gutters, curbs,
inlets, piped storm drains, pumping facilities, retention and detention
basins, natural and human-made or altered drainage channels, reservoirs,
and other drainage structures which are within the county and are
not part of a publicly owned treatment works as defined at 40 CFR
Section 122.2.
means any surface flow, runoff, and drainage consisting entirely
of water from rain storm events.
means surface watercourses and water bodies as defined at
40 CFR 122.2., including all natural waterways and definite channels
and depressions in the earth that may carry water, even though such
waterways may only carry water during rains and storms and may not
carry stormwater at and during all times and seasons.
D.
Applicability.
This chapter shall apply to all dischargers or potential dischargers
located within the unincorporated areas of the county of Merced.
E.
Responsibility
for Administration. The director of public works of the county shall
administer, implement, and enforce the provisions of this chapter.
Any powers granted or duties imposed upon the director of public works
may be delegated in writing by the director of public works to persons
or entities acting in the beneficial interest of or in the employ
of the county.
F.
Severability.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
G.
Regulatory
Consistency. This chapter shall be construed to assure consistency
with the requirements of the Clean Water Act and Porter-Cologne Act
and acts amendatory thereof or supplementary thereto, or any applicable
implementing regulations.
H.
Ultimate
Responsibility of Discharger. The standards set forth herein and promulgated
pursuant to this chapter are minimum standards; therefore this chapter
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants into the storm drain system caused by said person. This
chapter shall not create liability on the part of the county of Merced,
or any agent or employee thereof for any damages that result from
any discharger's reliance on this chapter or any administrative decision
lawfully made thereunder.
(Ord. 1897 § 1, 2012; Ord. 1923 § 1, 2014)
A.
Prohibition
of Illicit Discharges. No person shall discharge or cause to be discharged
into the storm drain system any materials, including, but not limited
to, pollutants or waters containing any pollutants that cause or contribute
to a violation of applicable water quality standards, other than storm
water.
The commencement, conduct or continuance of any illicit discharge
into the storm drain system is prohibited except as described as follows:
1.
Discharges
from the following activities will not be considered a source of pollutants
to the storm drain system when properly managed to ensure that no
potential pollutants are present, and therefore they shall not be
considered illicit discharges unless determined to cause a violation
of the provisions of the Porter-Cologne Act, Clean Water Act, or this
chapter:
a.
Water line flushing;
b.
Individual residential car washing;
c.
Diverted stream flows;
d.
Rising groundwaters;
e.
Uncontaminated groundwater infiltration to the storm drain system;
f.
Uncontaminated pumped groundwater;
g.
Discharges from potable water sources;
h.
Foundation drains;
i.
Air conditioning condensation;
j.
Springs;
k.
Water from crawl space pumps;
l.
Footing drains;
m.
Flows from riparian habitats and wetlands;
n.
Dechlorinated swimming pool discharges;
o.
Incidental runoff from landscaped areas;
p.
Discharges or flows from fire fighting.
2.
With
prior written concurrence of the Regional Board, the county of Merced
may exempt in writing other non-stormwater discharges which are not
a source of pollutants to the storm drain system.
B.
Prohibition
of Illicit Connections.
1.
The
construction, use, maintenance or continued existence of illicit connections
to the storm drain system is prohibited.
2.
This
prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
C.
Waste
Disposal Prohibitions. No person shall throw, deposit, leave, maintain,
keep, or permit to be thrown, deposited, left, or maintained, in or
upon any public or private property, driveway, parking area, street,
alley, sidewalk, or any component of the storm drain system, any refuse,
rubbish, garbage, litter, or other discarded or abandoned objects,
articles, and accumulations, so that the same may cause or contribute
to pollution. Wastes deposited in streets in proper waste receptacles
for the purposes of collection are exempted from this prohibition.
D.
Discharges
in Violation of Industrial or Construction Activity NPDES Storm Water
Discharge Permit. Any person subject to an industrial or construction
activity NPDES storm water discharge permit shall comply with all
provisions of such permit. Proof of compliance with said permit may
be required in a form acceptable to the director of public works prior
to or as a condition of a subdivision map, site plan, building permit,
or development or improvement plan; upon inspection of the facility;
during any enforcement proceeding or action; or for any other reasonable
cause.
E.
Excess
Irrigation Runoff Prohibition. Non-stormwater runoff discharge that
is not incidental is prohibited. No person shall allow irrigation
runoff in excess of incidental runoff to occur. Any person responsible
for controlling runoff in excess of incidental runoff shall:
1.
Detect
leaks (for example, from broken sprinkler heads) and correct leaks
within 72 hours of learning of the leak;
2.
Properly
design and aim sprinkler heads;
3.
Not
irrigate during precipitation events; and
4.
Manage
pond containing recycled water such that no discharge occurs unless
the discharge is a result of a 25 year, 24 hour storm event or greater,
and the appropriate Regional Water Board is notified by email no later
than 24 hours after the discharge. The notification is to include
identifying information, including the permittee's name and permit
identification number.
(Ord. 1897 § 1, 2012; Ord. 1923 § 1, 2014)
A.
Requirements
to Reduce Runoff and Pollutants Associated with Runoff. In order to
reduce the volume of stormwater runoff and minimize typical pollutants
associated with stormwater runoff, the county requires the various
measures described in the section be implemented:
1.
Best
management practices (BMPs), when required to be installed, shall
conform to the California Storm Water Quality Association (CASQA)
Best Management Practice Handbooks or equivalent.
2.
Construction
Site Storm Water Runoff Control. Prior to disturbing any soil, operators
of a construction activity project shall prepare and submit a Sediment
Control Plan (SCP) to the department of public works for review and
approval. The SCP shall be incorporated as separate sheets of the
civil portion of the plans prepared for the project and shall indicate
BMPs to be used during project construction and post construction.
The SCP shall be prepared by a certified Qualified Storm Water Pollution
Prevention Plan (SWPPP) Developer (QSD).
The operator of a construction activity project shall submit
evidence that all applicable permits (i.e., State Water Board's Construction
General Permit, State Water Board 401 Water Quality Certification,
U.S. Army Corps 404 permit, and the California Department of Fish
and Wildlife 1600 Agreement) directly associated with the soil disturbing
activities have been obtained.
If a SWPPP is required to be developed for the construction
activity project pursuant to the State Water Board's Construction
General Permit, the SWPPP may substitute for the required SCP. In
this case, the operator of the construction activity project shall
submit a copy of the SWPPP to the county for review and approval.
3.
Post
Construction Storm Water Management.
a.
Small Development Projects. Small development projects that create
and/or replace (including projects with no net increase in impervious
surface) between 2,500 square feet and 5,000 square feet of impervious
surface, including detached single family homes that create and/or
replace 2,500 square feet or more of impervious surface and are not
part of a larger plan of development shall implement one or more of
the following site design measures to reduce project site runoff:
i.
Stream Setbacks and Buffers. A vegetated area including trees, shrubs,
and herbaceous vegetation shall be retained (if existing) or established
to protect a stream system or lake reservoir.
ii.
Soil Quality Improvement and Maintenance. Improve and/or maintain
the soil through the incorporation of soil amendments and creation
of a microbial community.
iii.
Tree Planting and Preservation. Plant and/or preserve healthy established
trees including both evergreen and deciduous varieties, as applicable.
iv.
Rooftop and Impervious Area Disconnection. Reroute rooftop drainage
pipes to drain rainwater to rain barrels, cisterns, or on-site permeable
areas instead of the storm drain system.
v.
Porous Pavement/Concrete. Incorporate use of porous pavement, porous
concrete and/or other permeable materials for on-site flat work (driveways,
walkways, patios, parking areas, etc.) instead of traditional pavement
or concrete.
vi.
Green Roofs. Incorporate use of a vegetative layer grown on a roof
(rooftop garden).
vii.
Vegetated Swales. Construct an on-site vegetated, open-channel swale
designed specifically to treat and attenuate storm water runoff.
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Project proponents shall quantify the runoff reduction resulting
from implementation of one or more of the above site design measures
using the State Water Board SMARTS Post-Construction Calculator or
another methodology determined to be acceptable by the county.
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b.
Regulated Projects.
i.
Regulated projects shall be designed and constructed to implement
the source control measures and low-impact development (LID) design
standards described in this chapter in order to effectively reduce
runoff and pollutants associated with runoff.
ii.
Redevelopment projects, road projects, and linear underground/overhead
projects (LUPs) are a special class of regulated project; these projects
shall implement the following special requirements:
(A)
Where a redevelopment project results in an increase of more
than 50% of the impervious surface of a previously existing development,
runoff from the entire project (including the existing, new, and replaced
impervious surfaces) is regulated; in this case, the entire redevelopment
project is considered to be part of the regulated project.
(B)
Where a redevelopment project results in an increase of less
than 50% of the impervious surface of a previously existing development,
only runoff from the new and/or replaced impervious surface of the
project considered to be part of the regulated project.
(C)
New Road Projects and LUPs. Any of the following types of new
road projects and LUPs that create 5,000 square feet or more of newly
constructed contiguous impervious surface (either a newly constructed
public road project or new private development projects that fall
under the authority of Merced County) shall be considered a regulated
project; however, treatment of runoff of the 85th percentile that
cannot feasibly be infiltrated onsite shall follow U.S. EPA guidance
regarding green infrastructure to the extent possible. Types of projects
include:
(1)
Construction of new streets or roads, including sidewalks and
bicycle lanes built as part of the new streets or roads.
(2)
Widening of existing streets or roads with additional traffic
lanes.
(a)
Where the addition of traffic lanes results in
an alteration of more than 50% of the impervious surface of an existing
street or road, runoff from the entire project (including the existing,
new and/or replaced impervious surfaces) is considered to be part
of the regulated project.
(b)
Where the addition of traffic lanes results in
an alteration of less than 50% of the impervious surface of an existing
street or road, only runoff from the new and/or replaced impervious
surface of the project is considered to be part of the regulated project.
(D)
Construction of linear underground/overhead projects (LUPs).
(E)
Specific exclusions are:
(1)
Sidewalks built as part of new streets or roads and built to
direct storm water runoff to adjacent vegetated areas.
(2)
Bicycle lanes that are built as part of new streets or roads
that direct storm water runoff to adjacent vegetated areas.
(3)
Impervious trails built to direct storm water runoff to adjacent
vegetated areas, or other non-erodible permeable areas, preferably
away from creeks or towards the outboard side of levees.
(4)
Sidewalks, bicycle lanes, or trails constructed with permeable
surfaces.
(5)
Trenching, excavation and resurfacing associated with LUPs;
pavement grinding and resurfacing of existing roadways and parking
lots, construction of new sidewalks, pedestrian ramps, or bike lanes
on existing roadways; or routine replacement of damaged pavement such
as pothole repair or replacement of short, non-contiguous sections
of roadway.
4.
Source
Control Measures. Operators of regulated projects with pollutant generating
activities and sources shall implement permanent and/or operation
source control measures, as applicable. Measures, including appropriate
BMPs, shall be implemented for the following pollutant generating
activities and sources:
a.
Accidental spills or leaks.
b.
Interior floor drains.
c.
Parking/storage areas and maintenance.
d.
Indoor and structural pest control.
e.
Landscape/outdoor pesticide use.
f.
Pools, spas, ponds, decorative fountains, and other water features.
g.
Restaurants, grocery stores, and other food service operations.
h.
Refuse areas.
i.
Industrial processes.
j.
Outdoor storage of equipment and materials.
k.
Vehicle and equipment cleaning.
l.
Fuel dispensing areas.
m.
Loading docks.
n.
Fire sprinkler test water.
o.
Drain or wash water from boiler drain lines, condensate drain lines,
rooftop equipment, drainage sumps, and other sources.
p.
Unauthorized non-storm water discharges.
q.
Building and grounds maintenance.
5.
Low
Impact Development (LID) Design Standards. All regulated projects
shall implement low impact development (LID) standards designed to
reduce runoff, treat storm water, and provide baseline hydromodification
management conforming to the following criteria:
a.
Site Assessment. Developers of regulated projects shall assess and
evaluate how site conditions (i.e. soils, vegetation, and flow paths)
will influence the placement of buildings and paved surfaces; this
evaluation shall be used to satisfy the goals of capturing and treating
runoff and assuring the goals of LID are incorporated into the project
design. The following methods shall be used to optimize the site layout:
i.
Define the development envelope and protected areas; identify areas
most suitable for development and areas to be left undisturbed.
ii.
Concentrate development on portions of the site with less permeable
soils and preserve areas that can promote infiltration.
iii.
Limit overall impervious coverage of the site with paving and roads.
iv.
Set back development from creeks, wetlands, and riparian habitats.
v.
Preserve significant trees.
vi.
Conform the site layout along natural landforms.
vii.
Avoid excessive grading and disturbance of vegetation and soils.
viii.
Replicate the site's natural drainage patterns.
ix.
Detain and retain runoff throughout the site.
b.
Drainage Management Areas. As part of the design, the project site
shall be divided into discrete drainage management areas (DMAs). Each
DMA shall manage runoff using site design measures, source controls,
and/or storm water treatment and baseline hydromodification measures.
c.
Numeric Sizing Criteria for Storm Water Retention and Treatment.
Regulated projects shall be designed to evapotranspire, infiltrate,
harvest/use, and/or biotreat storm water to satisfy at least one of
the following hydraulic sizing design criteria:
i.
Volumetric Criteria.
(A)
The storm water runoff volume determined using the formula and
volume capture coefficients in Urban Runoff Quality Management, WEF
Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1988); or
(B)
The volume of annual runoff required to achieve 80% or more
capture determined in accordance with the methodology in Section 5
of CASQA's Stormwater Best Management Practice Handbook, New Development
and Redevelopment, using local rainfall data; or
(C)
The storm water runoff volume resulting from an 85th percentile
24 hour storm event calculated pursuant to procedures developed by
the county using precipitation frequency data published by the National
Oceanic and Atmospheric Administration (NOAA).
d.
Site Design Measures. Site design measures shall be used to reduce
the amount of runoff, to the extent technically feasible, to achieve
the infiltration, evapotranspiration, and/or harvesting/reuse of the
85th percentile 24 hour storm runoff event; any remaining runoff from
impervious DMAs may then be directed to one or more bioretention facilities.
e.
Source Controls. Permanent and/or operation source control measures as described in subsection (A)(4) shall be incorporated into the project design.
f.
Storm Water Treatment Measures and Baseline Hydromodification Management Measures. After implementation of site design measures, remaining runoff from impervious DMAs shall be directed to one or more facilities designed to infiltrate, evapotranspire, and/or bioretain the amount of runoff determined through the procedures in subsection (A)(5)(c). The facilities must be demonstrated to be at least as effective as a biore-tention system with the following design parameters:
i.
Maximum surface loading rate of five inches per hour, based on the
flow rates calculated. A sizing factor of four percent of tributary
impervious area may be used.
ii.
Minimum surface reservoir volume equal to surface area times a depth
of six inches.
iii.
Minimum planting medium depth of 18 inches. The planting medium must
sustain a minimum infiltration rate of five inches per hour throughout
the life of the project and must maximize runoff retention and pollutant
removal. A mixture of sand (60% to 70%) meeting the specifications
of American Society for Testing and Materials (ASTM) C33 and compost
(30% to 40%) may be used.
iv.
Subsurface drainage/storage (gravel) layer with an area equal to
the surface area and having a minimum depth of 12 inches.
v.
Underdrain with discharge elevation at top of gravel layer.
vi.
No compaction of soils beneath the facility, or ripping/loosening
of soils if compacted.
vii.
No liners or other barriers interfering with infiltration.
viii.
Appropriate plant palette for the specified soil mix and maximum
available water use.
g.
Alternative Designs. Facilities, or a combination of facilities, of a different design than described in subsection (A)(5)(f) may be permitted if all of the following measures of equivalent effectiveness are demonstrated.
i.
Equal or greater amount of runoff infiltrated or evapotranspired;
ii.
Equal or lower pollutant concentrations in runoff that is discharged
after biotreatment;
iii.
Equal or greater protection against shock loadings and spills;
iv.
Equal or greater accessibility and ease of inspection and maintenance.
h.
Allowed Variations for Special Site Conditions. The bioretention system design parameters in subsection (A)(5)(f) may be adjusted for the following special site conditions:
i.
Facilities located within 10 feet of structures or other potential
geotechnical hazards established by the geotechnical expert for the
project may incorporate an impervious cutoff wall between the bioretention
facility and the structure or other geotechnical hazard.
ii.
Facilities with documented high concentrations of pollutants in underlying
soil or groundwater, facilities located where infiltration could contribute
to a geotechnical hazard, and facilities located on elevated plazas
or other structures may incorporate an impervious liner and may locate
the underdrain discharge at the bottom of the subsurface drainage/storage
layer (this configuration is commonly known as a "flow-through planter").
iii.
Facilities located in areas of high groundwater, highly infiltrative
soils or where connection of underdrain to a surface drain or to a
subsurface storm drain are infeasible, may omit the underdrain.
iv.
Facilities serving high-risk areas such as fueling stations, truck
stops, auto repairs, and heavy industrial sites may be required to
provide additional treatment to address pollutants of concern unless
these high-risk areas are isolated from storm water runoff or bioretention
areas with little chance of spill migration.
i.
Exceptions to Requirements for Bioretention Facilities. If the use
of bioretention or a facility of equivalent effectiveness is infeasible
(due to construction constraints, not financial constraints), other
types of biore-tention or media filters (such as tree-box-type biofilters
or in-vault media filters) may be used for the following category
of regulated projects:
i.
Projects creating or replacing an acre or less of impervious area,
and located in a designated pedestrian-oriented commercial district
(i.e., smart growth projects), and having at least 85% of the entire
project site covered by permanent structures;
ii.
Facilities receiving runoff solely from existing (pre-project) impervious
areas; and
iii.
Historic sites, structures or landscapes that cannot alter their
original configuration in order to maintain their historic integrity.
6.
Hydromodification
Management. Projects that create and/or replace one acre or more of
impervious surface are considered to be hydromodification management
projects. A project that does not increase impervious surface area
over the pre-project condition is not a hydromodification management
project.
The post-project runoff from a hydromodification management
project shall not exceed the estimated preproject flow rate for the
two-year, 24 hour storm.
7.
Operation
and Maintenance of Post-Construction Storm Water Management Measures.
a.
Maintenance Responsibility. Owners of property on which a regulated
project has been developed shall agree to accept responsibility for
the operation and maintenance of the on-site installed source control
measures, treatment systems, and hydromodification controls. This
agreement shall be in the form of a signed and notarized operation
and maintenance agreement to be recorded in the Merced County recorder's
office; responsibility shall transfer to any successors in interest
of the property.
Multi-parcel or multi-owner projects (gated communities, condominiums,
etc.) shall operate and maintain any commonly owned source control
measures, treatment systems, and hydromodification controls either
through a homeowners association, through a condominium agreement,
or other legally enforceable agreement or mechanism.
b.
Inspection Authorization. The recorded operation and maintenance
agreement shall include a provision authorizing the county to access
the project site for the sole purpose of performing inspections of
the installed treatment systems and hydromodification controls.
B.
Requirement
to Eliminate Illicit Discharge. The director of public works is authorized
to require dischargers of illicit discharges to promptly cease and
desist discharging and/or clean-up and abate the illicit discharge.
This may include any of the following requirements:
1.
The
discharger may be required to abate and clean up their discharge,
spill, or pollutant release within 72 hours of notification; high
risk spills may be required to be cleaned-up as soon as possible.
2.
The
discharger may be required to abate the discharge within 30 days of
notification, for uncontrolled sources of pollutants that could pose
an environmental threat.
3.
The
department of public works may perform the clean-up and abatement
work and bill the responsible party, if necessary.
4.
If
a situation persists where pollutant-causing sources or activities
are not abated, all activities on the site may be ordered to cease
until the problems associated with the illicit discharge are adequately
addressed.
5.
If
the director of public works determines that clean-up activities cannot
be completed within the original timeframe, a new timeframe will be
established and the county will notify the Regional Water Board in
writing within five business days of the revised timeframe.
C.
Requirement
to Eliminate or Secure Approval for Illicit Connections.
1.
The
director of public works may require by written notice that any person
responsible for an illicit connection to the storm drain system comply
with the requirements of this chapter to eliminate or secure approval
for the connection by a specified date, regardless of whether or not
the connection or discharges to it had been established or approved
prior to the effective date of the ordinance codified in this chapter.
2.
If,
subsequent to eliminating a connection found to be in violation of
this chapter, the responsible person can demonstrate that an illicit
discharge will no longer occur, said person may request county approval
to reconnect. The reconnection or reinstallation of the connection
shall be at the responsible person's expense.
D.
Requirement
to Monitor and Analyze. The director of public works may require by
written notice that any person engaged in any activity and/or owning
or operating any facility which may cause or contribute to storm water
pollution, illicit discharges, and/or non-storm water discharges to
the storm drain system, to undertake at said person's expense such
monitoring and analyses and furnish such reports to the county of
Merced as deemed necessary to determine compliance with this chapter.
E.
Notification
of Spills. Notwithstanding other requirements of law, as soon as any
person responsible for a facility or operation, or responsible for
emergency response for a facility or operation has information of
any known or suspected release of materials which are resulting or
may result in illicit discharges or pollutants discharging into storm
water or the storm drain system from said facility, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of a hazardous
material said person shall immediately notify emergency response officials
of the occurrence via emergency dispatch services (911) as well as
the department of public works. In the event of a release of non-hazardous
materials, said person shall notify the department of public works
in person or by phone or facsimile no later than five p.m. of the
next business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the department of public
works within three business days. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner
or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years.
(Ord. 1897 § 1, 2012; Ord. 1923 § 1, 2014)
A.
Authority
to Inspect. Whenever necessary to make an inspection to enforce any
provision of this chapter, or whenever the director of public works
has cause to believe that there exists, or potentially exists, in
or upon any premises any condition which constitutes a violation of
this chapter, the director or designee may enter such premises at
reasonable times to inspect the same and to inspect and copy records
related to storm water compliance. In the event the owner or occupant
refuses entry after a request to enter and inspect has been made,
the county is hereby empowered to seek assistance from any court of
competent jurisdiction in obtaining such entry.
B.
Authority
to Sample, Establish Sampling Devices, and Test. During any inspection
as provided herein, the director of public works or designee may take
any samples and perform any testing deemed necessary to aid in the
pursuit of the inquiry or to record site activities.
(Ord. 1897 § 1, 2012; Ord. 1923 § 1, 2014)
A.
Notice
of Violation—Enforcement Response Plan. The department of public
works will develop and implement an Enforcement Response Plan. The
director of public works will respond to violations of this chapter
using progressively stricter enforcement measures, as stipulated in
the Enforcement Response Plan, to achieve compliance. The Enforcement
Response Plan will incorporate the following provisions:
1.
Verbal
Warnings. Verbal warnings may be provided, in conjunction with a written
notice of violation, to help specify the nature of a violation and
required corrective action. Verbal warnings are primarily consultative
in nature and a written record of verbal warnings should be kept.
2.
Written
Notice of Violation (NOV). A written notice of violation shall be
prepared for any violation of this chapter and shall include the nature
of the violation, the required corrective action, and the timeframe
for taking such action.
3.
Escalated
Enforcement Measures. The director of public works is authorized to
employ any combination of the enforcement actions listed below and
to escalate enforcement response where necessary to correct persistent
non-compliance, repeat or escalating violations, or incidents of major
environmental harm:
a.
Citations. If the violation has not been resolved within the timeframe stipulated in the written notice, the director of public works will request the sheriff issue a citation pursuant to Chapter 1.20 of the Merced County Code. Pursuant to Chapter 1.28 of the Merced County Code, each person is guilty of a separate offense each and every day during any portion of which any violation of any provision of the ordinances of the county is committed, continued or permitted by any such person, and any such person shall be punished accordingly.
b.
Stop Work Orders. If the violation has not been resolved within the
timeframe stipulated in the written notice, the director of public
works may issue a stop work order for any work being done on the property
subject to inspection by the department of public works. Activities
directed at clean-up, abating illicit discharge, and installing appropriate
BMPs will be required to continue and will not be impacted by stop
work order.
c.
Withholding of Plan Approvals or Other Authorizations. If the violation
has not been resolved within the timeframe stipulated in the written
notice, the director of public works may withhold the approval of
occupancy of a structure and/or withhold approval of encroachment
permits for the property.
d.
Additional Measures. The director of public works may request any
existing land-use permits for the property be rescinded by the planning
commission in the case of persistent non-compliance.
4.
NPDES
Permit Referrals. For those construction projects or industrial facilities
subject to the State's General Construction Permit or Industrial General
Permit, the county shall:
a.
Refer non-filers (i.e., those facilities that cannot demonstrate
they obtained permit coverage) to the appropriate Regional Water Board
as outlined in the Phase II Small MS4 General Permit.
b.
Refer ongoing violations to the appropriate Regional Water Board
provided the county has made a good faith effort of progressive enforcement
to achieve compliance as outlined in the Phase II Small MS4 General
Permit.
B.
Appeal. Per Merced County Code Section 2.32.080(F), notwithstanding subsections (E), (H) and (I) of this section, any person receiving a notice of violation under subsection (A), may appeal the determination of the director of public works to the planning commission. The notice of appeal must be received by the planning commission secretary within five days from the date of the notice of violation. The hearing on the appeal before the planning commission shall be final.
C.
Abatement by County. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under subsection (B), within 10 days of the decision of the planning commission upholding the decision of the director of public works, then the county or a contractor designated by the director of public works shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the county or designated contractor to enter upon the premises for the purposes set forth above.
D.
Charging
Cost of Abatement/Liens. Within 30 days after abatement of the nuisance
by the county, the director of public works shall notify the property
owner of the property of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to
the amount of the assessment with the planning commission secretary
within 15 days. The planning commission secretary shall set the matter
for public hearing by the planning commission. The decision of the
planning commission shall be set forth by resolution and shall be
final.
If the amount due is not paid within 10 days of the decision
of the planning commission or the expiration of the time in which
to file an appeal under this section, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. A copy of the resolution
shall be turned over to the county assessor so that the assessor may
enter the amounts of the assessment against the parcel as it appears
on the current assessment roll, and the tax collector shall include
the amount of the assessment on the bill for taxes levied against
the parcel of land.
E.
Urgency
Abatement. The director of public works is authorized to require immediate
abatement of any violation of this chapter that constitutes an immediate
threat to the health, safety or welfare of the public. If any such
violation is not abated immediately as directed by the director of
public works, the county of Merced is authorized to enter onto private
property and to take any and all measures required to remediate the
violation. Any expense related to such remediation undertaken by the
county of Merced shall be fully reimbursed by the property owner and/or
responsible party. Any relief obtained under this section shall not
prevent the county from seeking other and further relief authorized
under this chapter.
F.
Violations. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor and shall be punished as set forth in County Code Chapter 1.28.
G.
Compensatory
Action. In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the director of public works may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, etc.
H.
Violations
Deemed a Public Nuisance. In addition to the enforcement processes
and penalties hereinbefore provided, any condition caused or permitted
to exist in violation of any of the provisions of this chapter is
a threat to public health, safety, and welfare, and is declared and
deemed a nuisance, and may be summarily abated or restored by the
county at the violator's expense, and/or a civil action to abate,
enjoin, or otherwise compel the cessation of such nuisance may be
taken by the county.
I.
Acts
Potentially Resulting in a Violation of the Federal Clean Water Act
and/or California Porter-Cologne Act. Any person who violates any
provision of this chapter or any provision of any requirement issued
pursuant to this chapter, may also be in violation of the Clean Water
Act and/or the Porter-Cologne Act and may be subject to the sanctions
of those acts including civil and criminal penalties. Any enforcement
action authorized under this chapter shall also include written notice
to the violator of such potential liability.
(Ord. 1897 § 1, 2012; Ord. 1923 § 1, 2014)
