ORDINANCE No. 2013- 001

AN ORDINANCE ESTABLISHING A ZERO DISCHARGE LIMIT WITH RESPECT TO THE DISPOSAL OF WASTE OR ACTIVITY WHICH MIGHT CONTAMINATE OR DEGRADE THE QUALITY OF WATERS OF THE STATE OF CALIFORNIA FLOWING THROUGH THE ELK COUNTY WATER DISTRICT

WHEREAS, The Board of Directors has hereby determined that it is necessary and proper to adopt an Ordinance establishing a zero discharge limit with respect to the disposal of waste or activity which might contaminate the waters of the State flowing through the Elk County Water District.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of . the Elk County Water District that:

Section 1: This Ordinance shall be known as "The Elk County Water District Water Quality Control Ordinance". Section 2: Definitions:

• (a) "Board" means the Board of directors of the Elk County Water District,
• (b) "District" means the Elk County Water District,
• (c) "Person" means any individual, group, organization, corporation or agency, and includes any city, county, district, the state or any department or agency thereof. "Person" also
• includes the United States of America, to the extent authorized by federal law.
• (d) "Contaminate" means to impair the quality of the waters of the State by waste to the degree which creates a hazard to the public health through poisoning or through the spread of disease.
• (e) 'Waste" includes sewage and any and all other waste substances, liquid, solid, gases, radioactive, or chemicals associated with human habitation, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature prior to, and for purposes of, disposal.
• (f) "Beneficial Uses" of the waters of the state flowing through the Elk County Water District, that may be protected against contamination and/or quality degradation include, but are not necessarily limited to, domestic, municipal, agriculture and industrial. supply, power generation, recreation, aesthetic enjoyment, navigation, and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.
• (g) "Quality of the Waters" or 'Water Quality" refers to chemical, physical, biological, bacteriological, radiological and other properties and characteristics of water which affects its use.
• (h) 'Waters of the State" means any water, surface or underground, including saline waters, within the boundaries of the State.
• (i) "Waters of the State flowing through the Elk County Water District" means any and all such waters that originate, enter or otherwise flow within or through the jurisdictional boundaries of the Elk County Water District.

0) "Public Nuisance" means anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) 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; and (3} occurs during or as a result of the treatment or disposal of wastes.

Section 3: This Ordinance is enacted pursuant to California Water Code Section 35400,354007. 35408, 35409 and is in no way meant to conflict with any other laws of this State or any regulations of the State Water Resources Control Board or any regional water quality control board.

Section 4: The Board is charged with the duty of furnishing sufficient water for any present or future beneficial uses. In order to obtain sufficient water the District must rely on waters provided naturally by the watershed serving the Elk County Water District. The contamination of said waters would result in a water shortage that the District could not remedy. To avoid this consequence. the Board hereby finds and declares that to protect the utility of the waters, as well as the health and welfare of the people of the District, it is necessary to protect the quality of the waters of the State flowing through the District as well as the surrounding watershed, water supply areas, and all beneficial uses to which said water may be put, from contamination or degradation resulting from the discharge or application of any wastes in any amount into said waters.

Section 5: Prior to the use. application, discharge, or disposal of any substance or any other activity producing waste which will or might possibly contaminate or degrade the quality of said waters in an amount exceeding zero parts per billion, the person proposing said use. application, discharge, disposal, or other such activity shall first secure a permit from the Board. Said permit application shall contain such information as may be required by the Board. and shall be accompanied by a filing fee according to a reasonable fee schedule established by the Board. Before issuing a permit, the Board shall develop a plan to monitor the quality of waters that may be affected by the proposed permit application. Said monitoring plan shall be supported by pertinent analytical data, including provisions for sampling and testing procedures, and may be developed in cooperation with other public agencies or private entities. The cost of developing and conducting the monitoring plan shall be borne by the permit application.

Section 6: Every permit which is issued pursuant to this Ordinance shall contain such specific conditions as may be deemed necessary to avoid contamination of, or creation of a public nuisance in, the waters of the State flowing through the Elk County Water District.

Section 7: Any person, firm, corporation, agency or partnership, whether as principal, agent, employee or otherwise, who violates the provisions of this Ordinance or any condition set forth in the permit, shall be guilty of a misdemeanor, and punishable as such. Any such person, firm, corporation, agency, or partnership shall be deemed to be guilty of a separate offense for each and every day a violation of this Ordinance is committed, continued, or permitted and shall be libel civilly for an amount up to $5,000.00 for each day in which such violation occurs, and upon criminal conviction, shall be punished by imprisonment in the County Jail for not more than thirty (30) days or by fine of not more than Six Hundred Dollars ($600.00) or by both such fine and imprisonment, for each separate offense.

Section 8: It is hereby declared that any such use, application, discharge, disposal, or other activity as aforesaid which violates any provision of this Ordinance, or any condition set forth in the permit, is a public nuisance and the Board may cause proceedings to be brought for the abatement thereof.

Section 9: If any section, subsection, sentence, clause or phrase of this resolution or the application thereof to any person or .circumstance is fat any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the regaining portions of this resolution or the application of such provisions to other persons or circumstances. The Board hereby declares that it would have passed this Ordinance or any section, subsection; sentence, clause or phrase hereof irrespective of the fact that any .one or more sections, subsections, - sentences, clauses, or phrases be declared to be unconstitutional or invalid.

INTRODUCED for Adoption on November 6, 2013 and PASSED on a Roll Call Vote