§ 1790-020. FINDINGS

(a)

The Federal Clean Water Act, 33 U.S.C. § 1251 et seq., 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 (USEPA) 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)

Due to amendments to the Clean Water Act, the USEPA developed a Phase I and a Phase II program requiring municipalities to develop and implement stormwater pollution management programs. Smaller municipalities and contiguous areas with small, but still urban, communities come under the Phase II regulations of the State Board's General Permit for Discharges of Storm Water from Small Municipal Separate Storm Sewer Systems (hereafter called the "Small MS4 General Permit" where MS4 stands for Municipal Separate Storm Sewer System). Sutter County is subject to the Phase II regulations, which requires the submittal of a Notice of Intent (NOI) to seek coverage under the "Small MS4 General Permit."

(d)

Sutter County and Yuba City are jointly permitted under the Waste Discharge Requirements for Small Municipal Separate Storm Sewer Systems (Order No. 2003-0005-DWQ), which also serves as a National Pollutant Discharge Elimination System Permit (No. CAS000004) under the Federal Clean Water Act. Under the provisions of this permit, the County is required to possess the necessary legal authority and implement appropriate procedures, to regulate the entry of pollutants and non-stormwater discharges into the County stormwater conveyance system.

(e)

The County's Stormwater Management Program, adopted by the County on December 7, 2004, requires the County to effectively prohibit non-stormwater discharges from the unincorporated area of the County into the County storm drain system except as otherwise permitted by law.

(f)

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 the Stormwater Management Program and to protect the waters of the State for the benefit of its people and the environment.