§ 8.68.130. Issuance of encroachment permits.

The board of supervisors finds and declares that discharge of non-stormwater flows into the county storm drain system is an encroachment as described in Chapter 13.08 of the San Luis Obispo County Code.

(1)

The director of public works and transportation may issue written encroachment permits for the discharge of non-stormwater flows into that part of the county storm drain system that is incidental to the county road system provided all of the following conditions, and the requirements of Chapter 13.08, are met:

a.

No practicable alternative exists to the discharge of non-stormwater flows into the county owned storm drain system. As used in this article, "practicable alternative" is an alternative that is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

b.

Such flows to be permitted consist only of clean water. "Clean water" means water that contains pollutants at levels below the applicable state or federal standard for discharge into the water body located at the receiving end of the storm drain system proposed to accept the permitted discharge.

c.

The applicant for the encroachment permit demonstrates through written evidence, prepared by competent authority, that such flows have no potential to:

1.

Result in a condition that could be detrimental to public health and safety;

2.

Result in the violation of any local, state, or federal water quality standard at or beyond the point of proposed discharge into the storm drain system;

3.

Result in the substantial alteration of any environmental resource, including the alteration of essential life processes of any plant or animal species.

(2)

Where the exercise of any permit issued under this article results in a violation of any other provision of this chapter, the Clean Water Act or the Porter-Cologne Water Quality Control Act, the county engineer shall revoke such permit with not less than five days' prior notice.

Nothing in this section relieves any applicant of the requirement to obtain any other permit or authorization necessary to allow the discharge.

(Ord. 3143 § 1 (part), 2008)