Tulare regulates construction-site erosion through two overlapping frameworks: (1) Municipal Code § 7.64.150 BMP requirements for any activity that may discharge pollutants (including sediment) to the storm drain, and (2) California Building Code Appendix J (Grading), adopted by reference in Title 15, which sets cut/fill, setback, and erosion-control standards for grading permits.
Section 7.64.150 requires construction contractors to implement Best Management Practices (BMPs) — silt fences, fiber rolls, stabilized construction entrances, covered stockpiles, inlet protection, and concrete washout containment — to keep sediment out of City storm drains. The 2022 California Building Code Appendix J (adopted statewide under Cal. Health & Safety Code § 17922) requires erosion-control measures during and after grading, including revegetation of disturbed slopes and protection of natural watercourses. Projects disturbing 1 acre or more must also obtain coverage under the State Water Board's Construction General Permit (Order 2009-0009-DWQ as amended), which requires a Stormwater Pollution Prevention Plan (SWPPP) prepared by a Qualified SWPPP Developer (QSD). Tulare's Central Valley soils (clayey-silty alluvium) and intense summer dust conditions make wind erosion and PM10 control under San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021 also applicable to construction sites.
Failure to maintain erosion BMPs is a § 7.64.150 violation enforceable via stop-work order, administrative citation, and referral to the Central Valley RWQCB. Construction General Permit violations carry state penalties up to $10,000/day under Wat. Code § 13385. SJVAPCD Rule 8021 PM10 dust violations are separately enforceable by the air district.
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