CHAPTER 12.23
DISCHARGE OF TAILWATER
Sections:
12.23.020 Purpose of this chapter.
12.23.030 Prohibition of silt and debris in tailwater.
12.23.040 Construction, maintenance and operation of settling basin.
12.23.010 Definitions.
Terms used in this chapter shall have the following meanings:
"Landowner" means the owner of the real property from which the tailwater is discharged to a City wasteway;
"Irrigator" means the person actually discharging Tailwater to a City wasteway;
"City wasteway" means the wasteways and ditches along the streets and roads maintained by the City into which tailwater is discharged;
"Settling basin" means a basin constructed on real property adjacent to a City wasteway of sufficient size and depth that allows silt and debris to settle out of tailwater before the tailwater is discharged to a City wasteway;
"Silt and debris" shall have their ordinary and popular meaning which generally includes soil particles suspended in the irrigation water and trash and debris that is not normally part of irrigation water;
"Tailwater" means water that has been introduced to agricultural land and which, due to gravity, is leaving the particular land, including irrigation water through any mechanism of application and rain. (Ord 12-299 §1 (Ex A))
12.23.020 Purpose of this chapter.
This chapter provides the means and mechanisms to minimize the deposit of silt and debris from tailwater into a City wasteway and shifts the responsibility for the cleanup of silt and debris in a City wasteway. (Ord 12-299 §1 (Ex A))
12.23.030 Prohibition of silt and debris in tailwater.
Any tailwater entering the wasteways and ditches along the streets and roads maintained by the City shall be free of silt and debris. (Ord 12-299 §1 (Ex A))
12.23.040 Construction, maintenance and operation of settling basin.
As a condition for discharging tailwater into a City wasteway, the landowner or irrigator shall construct, operate and maintain a settling basin through which tailwater shall pass, and from which silt and debris may settle, prior to the tailwater being discharged into the City wasteway. (Ord 12-299 §1 (Ex A))
12.23.050 Violation and enforcement.
In the event of any violation of this chapter, the City may undertake the enforcement authority set out in Chapter 13.50, which is incorporated into this chapter by reference, and any landowner or irrigator who has violated or continues to violate this chapter or an order of the City based upon said enforcement authority shall be deemed to have committed a civil infraction and shall be subject to a C-1 penalty as provided in Chapter 1.01, in an amount not to exceed five hundred dollars per day, plus actual damages incurred by the City. Each day upon which a violation occurs or continues shall constitute a separate violation. (Ord 12-299 §1 (Ex A))