For the purposes of this Chapter, the following words shall be defined as follows:
means the County of Tulare Resource Management Agency is designated as the agency responsible for enforcement of this Chapter.
means certain categories of discharges that are not composed entirely of storm water but which have not been found to pose a threat to local water quality. Authorized non-storm water discharges (as defined in Water Quality Order No. 2003-005-DWQ) include:
Potable water line flushing |
Landscape irrigation |
Diverted stream flows |
Rising ground waters |
Irrigation water |
Water from crawl space pumps |
Lawn watering |
Flows from Riparian Habitats and Wetlands |
Unpolluted pumped groundwater |
Foundation Drains |
Discharges from potable water sources |
Air conditioning condensate |
Springs |
Footing drains |
Individual residential car washing |
Dechlorinated swimming pool discharge |
Street wash water |
Discharges or flows from emergency fire fighting activities |
Uncontaminated ground water infiltration (as defined at 40 C.F.R. § 35.2005(b)(20)) to a storm drain system |
Any other discharge listed in 40 C.F.R. Section 122.34(b)(3)(iii) |
Notwithstanding the above, in the event that any authorized non-storm water discharge is found by the Director, or designee, to cause or contribute to any failure to meet water quality standards or cause or substantially contribute to a condition of nuisance or pollution, the discharge is deemed pollution and is prohibited whether or not it appears on this list. |
includes schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent, control, reduce or remove the discharge of pollutants directly or indirectly to storm water, receiving waters, waters of the United States, or a County-owned storm drain system. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage (40 C.F.R. Section 122.2).
means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
means activities subject to NPDES Construction Permits or a grading permit pursuant to Tulare County Excavation and Grading Ordinance, Article 7 of Chapter 15 of Part VII of this Ordinance Code, and any construction projects resulting in total land disturbance of one acre or more. Construction activity also includes the disturbance of less than one acre that is part of a larger common plan of development or sale that will ultimately disturb at least one acre. Such activities include but are not limited to clearing and grubbing, grading, excavating, demolition, and construction, but do not include disking and other actions for preparing fields for planting or harvesting.
means the County of Tulare.
means the appointed Director of the County of Tulare Resource Management Agency, or designee.
means a connection or discharge to an on-site drain inlet or a pipe connecting the MS4.
means any naturally occurring subsurface water, including springs. Groundwater may be contaminated through contact with contaminated soil or manmade buried material.
means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, physical, chemical, or infectious characteristics may cause, or substantially contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. California Health and Safety Code § 25117.
means waste substance that can pose a substantial or potential hazard to human health or the environment when improperly managed. The definition of hazardous waste and regulations pertaining to hazardous waste refer to Chapters 10 through 32 of Division 4.5 of Title 22 of the California Code of Regulations.
means any direct or indirect non-storm water discharges to a County-owned storm drain system, except as exempted in this Chapter. An Illegal Discharge does not include Permitted Non-Storm Water Discharges that comply with permit and waste discharge requirements specified by the Regional Water Quality Control Board (hereinafter, Regional Board or RWQCB). An illegal discharge is assumed to have occurred if prohibited material is placed, blown, washed, tracked or in any way allowed to accumulate in any part of the County-owned MS4 so that it can be conveyed by storm water.
Any illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the County-owned storm drain system, including, but not limited to, any conveyances that allow any non-storm water discharge including sewage, process wastewater, pool or spa water, and wash water to enter the County-owned storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection has been previously allowed, permitted, or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial land use to the County-owned storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency; or
Any unpermitted connection of a storm water system to the publicly owned treatment works (POTW).
means a surface connection or discharge to an off-site drain inlet or pipe system connecting to the County-owned MS4.
See Illegal Discharge.
means County of Tulare-owned Municipal Separate Storm Sewer System. See Storm Drain System.
means a permit issued by EPA (or by a State under authority delegated pursuant to 33 U.S.C. Section 1342(b)) that authorizes the discharge of pollutants to Waters of the United States, whether the permit is applicable to an individual, group, or general area-wide basis. The State Water Resources Control Board (SWRCB) has adopted general storm water discharge permits, including but not limited to the General Construction Activity and General Industrial Activity permits.
means any discharge to the storm drain system that is not composed entirely of storm water.
includes anything which is injurious to human health, or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life, or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, creek, bay, stream, canal, basin, any public park, square, street, or highway. The extent of annoyance or damage inflicted upon the individual or group of individuals may be unequal. A nuisance may be the result of the storage, removal, transport, processing, spillage, deposit or disposal of liquid, solid, gaseous, radioactive or infectious substance into or onto an area that may cause contamination, or pollutants to enter into Waters of the United States.
means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
means any non-storm water discharge that is regulated through an NPDES permit, discharge exemption or waiver, issued to the discharger by the EPA, (or by a State under authority delegated pursuant to 33 U.S.C. Section 1342(b)) which authorizes the discharge of pollutants to the Waters of the United States.
means all those "pollutants" defined in Section 502(6) of the federal Clean Water Act (33 U.S.C. Section 1362(6)), or California Water Code Section 13373. "Pollutant" includes anything that causes or substantially contributes to pollution. Examples of pollutants include, but are not limited to the following:
Commercial and industrial waste (such as paints, varnishes, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge);
Metals, dissolved and particulate metals, such as cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals such as phosphorus and arsenic;
Petroleum hydrocarbons (such as fuels, lubricants, surfactants, oils, solvents, coolants, grease and other automotive fluids) except for naturally occurring petroleum seeping to the surface;
Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of receiving waters, flora or fauna;
Human wastes such as sewage, septic effluent or gray water discharge;
Animal wastes (such as occur in confinement facilities, kennels, pens, recreational facilities, stables, and show facilities) which are not adequately controlled and disposed of;
Residential hazardous substances or wastes;
Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or levels of fecal coliform, fecal streptococcus, entercoccus, or pathogens that represent potential for adverse affects on human health;
Otherwise lawful material such as pesticides, herbicides, and fertilizers, whose improper use or storage causes or contributes to pollution;
Non-hazardous liquid, solid wastes, and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects;
Wastes and residues that result from constructing a building or structure and which are not controlled so as to prevent migration off site.
means the human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses. (California Water Code, Section 13050) or "man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water." (33 U.S.C. § 1362(19)).
means the Porter-Cologne Water Quality Control Act and as amended California Water Code § 13000 et seq.
means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
is a nuisance, which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
means the Central Valley Regional Water Quality Control Board (RWQCB). "Regional Board" also means the Regional Board Executive Officer acting pursuant to a valid delegation of authority.
means every owner, tenant, lease, agent, occupant or other Person answerable for the day-to-day operation or otherwise in charge of any residential, commercial or industrial premises in the county, including the proprietor or manager of any commercial premises.
means a County-owned MS4 or Municipal Separate Storm Sewer System. County-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, ditches, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the unincorporated areas of the County and not part of a publicly owned treatment works as defined at 40 C.F.R. § 403.3 and 40 C.F.R. § 122.2, also known as a sanitary sewer collection and treatment system. A County-owned MS4 is owned, maintained and operated by the County. The piped portion of this system includes the enclosed pipelines, catch basins, manholes, and junction structures.
means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
means a document prepared by a State qualified permit applicant which describes the Best Management Practices and activities to be implemented by a responsible party or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to a storm drain system. This is a "living" document, meaning it must be adjusted during the course of the Construction Activity to adapt to new or unforeseen conditions and changing work to maintain compliance with the requirements of this Chapter.
means the identification code used by the State to assign to projects that are officially enrolled under the Statewide General Storm Water Permit.
means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
means surface watercourses and water bodies included in the definition of "waters of the United States" in 40 C.F.R. Section 122.2. For purposes of this Chapter, "waters of the United States" includes all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry water at and during all times and seasons.
(Added by Ord. No. 3438, effective 9-13-12)