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 responsible party will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into or upon waters of the United States caused by said responsible party. This Chapter shall not create liability on the part of the County of Tulare 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.
(Added by Ord. No. 3438, effective 9-13-12)
(a) 
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, road, alley, sidewalk, component of a County-owned storm drain system, or Water of the United States, any refuse, rubbish, garbage, litter or other discharged or abandoned objects, articles and accumulations, including, but not limited to, dirt, green waste and animal waste, so that the same may cause or contribute to pollution. Wastes disposed in proper waste receptacles for the purposes of routine collection are exempted from this prohibition.
(b) 
Prohibition of Illegal Discharges.
1. 
No Person shall discharge or cause to be discharged into a County-owned 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.
2. 
The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
i. 
Authorized non-storm drain system water discharges will not be considered a source of pollutants to a County-owned storm drain system and are exempt from discharge prohibitions established by this Chapter, when properly managed to ensure that potential pollutants are not present. Therefore such discharges shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Clean Water Act, (33 U.S.C. § 1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments, of this Chapter, or are determined by the Director to create a public nuisance, or are determined by the Regional Board to be a significant contributor of pollutants to a County-owned storm drain system.
ii. 
Discharges specified in writing by the Director as being necessary to protect public health and safety or discharges as a result of emergency operations by a public agency.
iii. 
Dye testing is an allowable discharge, but requires a written notification to the Director ten (10) days prior to the time of the test.
4. 
The prohibition shall not apply to any non-storm water discharge permitted under any NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the U.S. Environmental Protection Agency or Regional Board; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval from the enforcement agency has been granted for any discharge to the storm drain system. Proof of waiver, discharge order or exemption shall be furnished to the Director upon request.
5. 
Some non-storm water discharges that do not require an NPDES permit and are not a source of pollutants to a County-owned storm drain system include uncontaminated groundwater, air conditioning condensation, uncontaminated flows from roof, foundation, footing, or French drains (not including active groundwater dewatering systems), flows from riparian habitats and wetlands, residential car washing and fire fighting flows. With written concurrence with the Regional Water Quality Control Board, the Director may exempt in writing other non-storm water discharges that are neither a source of pollutants to a County-owned storm drain system nor the waters of the United States.
6. 
The owner of a property demonstrated to be the source of a non-storm water discharge or source of pollution shall be considered responsible for the control or abatement of that non-storm water discharge or pollution even if that discharge or pollution enters a County-owned storm drain system after crossing another property or properties.
(c) 
Prohibition of Illicit Connections.
1. 
The construction, use, maintenance or continued existence of illicit connections to a County-owned storm drain system or POTW is prohibited.
2. 
The Director may require by written notice that a Person responsible for an illicit connection to a County-owned storm drain system or POTW comply with the requirements of this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors to eliminate or secure approval for the connection by a specific date, regardless of whether or not the connection or discharge to it has been established or approved prior to the effective date of this Chapter, remediate the pollution and restore the affected property within a specified time or by a specified date, to discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. This prohibition of illicit connections expressly includes, without limitation, illicit connections made before the effective date of this Chapter, regardless of whether the connection was permissible under County Code or practices applicable or prevailing at the time of connection.
3. 
Not withstanding subsection 2, such illicit connections must be eliminated no later than thirty (30) days after the effective date of this Chapter. If, subsequent to eliminating a connection found to be in violation of this Chapter, the responsible party can demonstrate that an illegal discharge could no longer occur, said responsible party shall request written approval from the Director to reconnect, prior to any reconnection being made. The reconnection or reinstallation of the connection shall be at the responsible party's expense.
4. 
A responsible party is considered to be in violation of this Chapter if the responsible party connects a line that could convey sewage to a County-owned storm drain system, or allows such a connection to continue.
(Added by Ord. No. 3438, effective 9-13-12)
Any discharge not managed in accordance with the County's storm water management program, NPDES permit, or any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify, and hold harmless the County against any litigation, administrative proceeding, claim, expense, liability, fine, penalty or payment for injury or damage to any person or property resulting from such discharges.
(Added by Ord. No. 3438, effective 9-13-12)
(a) 
Property Maintenance. Where it is determined by the Director or by the Regional Water Quality Control Board that an area used by animals is affecting water quality, the Director will require the property or facility owner to implement measures to eliminate the pollution and prevent the migration of waste components to a County-owned storm drain system. Installation of devices or measures may require permits from the County or other regulatory agencies. Installation, maintenance and permitting are the responsibility of the property owner.
(b) 
Domesticated Animal Waste. It shall be the mandatory duty of all persons owning, possessing, in control of, or otherwise responsible for an animal, to promptly collect pickup and remove all fecal matter left by the animal. Animals in grazing areas are exempted if the area complies with subsection (a).
(Added by Ord. No. 3438, effective 9-13-12)
Any responsible party subject to an industrial or construction activity NPDES storm water discharge permit for discharges into a County-owned MS4, shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to the allowing of discharges to the County-owned MS4 storm drain system, or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of a facility; during any enforcement proceedings or action; or for any other reasonable cause.
(Added by Ord. No. 3438, effective 9-13-12)
(a) 
Permit Requirement. Per Section 4-27-1145 regarding Illicit Connections, any direct connection to a County-owned storm drain pipeline system must be permitted. Permits will include provisions for inspection.
(b) 
Cost of Inspection. Each permittee shall pay an inspection fee, as required in the County of Tulare Development Fee Schedule, sufficient to cover the cost of routine inspection and sampling.
(c) 
Compliance Notice. The Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this Article to eliminate or secure approval for the connection by a specified date regardless of whether or not the connection or discharges had been established or approved prior to the effective date of this Chapter. If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person can demonstrate that an illegal discharge will not occur, said person may request County approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense, subject to the Director's approval and future requirement to disconnect.
(d) 
Sampling and Reporting. Any connection to the public storm drain pipeline system must include a location where sampling can be made by the County to verify discharge quality prior to entering the MS4. The permittee may be required to submit self-monitoring reports to assess and assure continued compliance with this Chapter. Reports shall be signed and certified by the property owner or his/her authorized representative. Sampling and reporting shall conform to the provisions of the permit.
(e) 
Recordation and Transfer of Permit. All permits shall be recorded with the property for the benefit of future owners. At the time a property transfers ownership, the new owner will have a period of thirty (30) calendar days in which to obtain a new permit in their name for the connection or the Director may deem the connection illicit.
(Added by Ord. No. 3438, effective 9-13-12)
(a) 
Requirement to Maintain Storm Drain System. Every responsible party owning property through which an element of the storm drain system passes, or such responsible party's lessee, shall keep and maintain that part of the storm drain system within their property to prevent pollutants from being discharged into the County-owned storm drain system from their property.
(b) 
Requirements to Remediate. Whenever the Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of entering the County-owned storm drain system, the Director may require by written notice of violation, as provided by this Chapter, to the owner of the property and/or the responsible party, that the illegal discharge be discontinued immediately, or by a specific date but no less than seven (7) days, and if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges to the County-owned storm drain system and restore the affected property within a specified time pursuant to the provision of this Chapter.
(Added by Ord. No. 3438, effective 9-13-12)
(a) 
In addition to other requirements of law, as soon as any responsible party for a property, 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 illegal discharge or pollutants discharging into storm water or a County-owned storm drain system, said responsible party shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
(b) 
In the event of such a release of hazardous materials said responsible party shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(c) 
In the event of a release of non-hazardous pollutants, said responsible party shall notify the Director in person, by phone or facsimile no later than 5:00 P.M. of the same business day, and if the event occurs later than 5:00 P.M., then no later than 5:00 P.M. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within two business days of the in-person, phone or facsimile notice.
(d) 
If the discharge of pollutants emanates from a commercial or industrial establishment, the responsible party shall also retain an on-site written record of the discharge, clean up, and remediation, and the actions taken to prevent its recurrence. Such records shall be retained and available for inspection by the Director for at least three (3) years.
(Added by Ord. No. 3438, effective 9-13-12)
The destruction, deconstruction, disconnection, or complete obstruction of any segment of a County-owned storm drain system without the approval of the Director that would impede drainage or increase the likelihood of flooding is prohibited.
(Added by Ord. No. 3438, effective 9-13-12)