HomeMy WebLinkAboutORD FOR ADOPTION 02-19-80 (2)ORDINANCES FOR ADQPTION
No. 2
2-19-80
AGENDA ITEM:
ORDINANCE NO. 820
An Ordinance of the City Council of the City of Tustin, ADDING
CHAPTER 9, SECTIONS 4900 THROUGH 4924, TO ARTICLE 4 OF THE TUSTIN
CITY CODE, ESTABLISHING WATER POLLUTION CONTROL REGULATIONS
BACKGROUND:
Ordinance No. 820 was introduced at the February 4th meeting.
RECO~=%~NDATiON:
M. O. - that Ordinance No. 820 have second reading by title only.
M. O. - that Ordinance No. 820 be passed and adopted.
(ROLL CALL VOTE)
4
5
6
8
9
10
11
12
14
!5
16
17
18
2O
21
22
24
25
26
27
28
30
31
ORDINANCE NO. ~2o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, ADDING CHAPTER 9, SECTIONS 4900 THROUGH
4924, TO ARTICLE 4 OF THE TUSTIN CITY CODE, ES-
TABLISHING WATER POLLUTION CONTROL REGULATIONS
The City Council of the City of Tustin, California, ordains that
Article 4 of the Tustin City Code be amended to include the following:
"Chapter 9 Water Pollution Control
Section 4900. Enforcement and Administration.
The County of Orange and all of its officers, employees and agents
hereby are authorized and empowered to enforce and administer the pro-
visions of this Chapter within the City of Tustin, California,
Section 4901. Definitions.
As used in this Chapter, unless the context otherwise requires:.
(a) "Board of Supervisors", means the Board of Supervisors
of the County of Orange, California.
(b) "Director", means the duly appointed adminstrator of
Orange County Ordinance No. 703, appointed by the Board of
Supervisors of the County of Orange.
(c) "Department", means any department of the City or the
County of Orange.
(d) "Industrial Waste", means any and alt liquid or solid
waste substance, not sewage from any producing, manufacturing
or processing operation of whatever nature. It shall include
sewage mixed with "Industrial Waste"; however, it shall not in-
clude domestic sewage from residences, business buildings and
institutions, containing only waste from waterclosets, wash
water, baths and kitchens.
(e) "Pollution of Underground or Surface Waters", means
any condition resulting from the depositing or discharging of
industrial waste which impairs or contributes to the impairment
of the waters for human or animal consumption or domestic,
agricultural, industrial or recreational purposes, or any other
useful purposes.
(f) "Public Agency", means and includes the United States
or any department or agency thereof, the State of California or
any department or agency thereof. County, City, public corpora-
tion, municipal corporation or public district.
(g) "Public Sewer", means the main line sewer, publicly
owned or maintained, constructed in a street, highway, alley,
place or right of way dedicated to public use.
(h) "Sewage", means any wEJste, liquid or otherwise asso-
ciated with human occupancy of buildings including sewage ef-
fluent and water contaminated with offal, filth and feculent
matter.
1
4
5
6
7
8
9
10
11
~12
14
15
· 16
17 ~:
18
19
2O
21
22
24
25
26
~9
~o
(i) "Underground" or "Surface Water", means any Surface or
subterranean stream watercourse, lake or other body of water, an~d
shall include water wells and any underground or surface storage
reservoir, whether natural or artificial.
Section 4902. Notice.
Unless otherwise expressly provided, any notice under the Chapter re-
quired to be given by the County of OranQe or the Director shall be in writ-
ing and may be served either in the mannJr provided in the Code of Civil
Procedure for the service of process or by registered mail. When service
is by registered mail, the notice shall be sent to the last address given
to the Director.
The failure to comply with a notice of violation issued and served pur-
suant to this Chapter shall constitute a willful Violation of this Chapter
and each day of willful violation shall constitute a separate offense pun-
ishable as provided for in this code..
Section 4903. Pollution of Water Prohibited.
No person shall discharge or deposit or cause or suffer to be discharged
or deposited from any source any industrial waste in a manner which will or
may cause or result in the pollution of any underground or surface waters.
Section 4904. Permits for Disposals of Industrial Waste.
No person shall discharge or deposit or cause or suffer to be deposited
or discharged any industrial waste into or upon any area in the City, or into
any underground or surface waters in the City where such industrial waste is
or may be deposited upon or may be carried through or over any area of the
City, except in conformity with the provisions of this Chapter, and unless
he shall have first secured, in the manner hereinafter provided, a permit so
to do from the Director; said permit shall conform to all applicable regula-
tions of the County Sanitation Districts of Orange County and specifically
to the Regulations for Use of County Sanitation District Sewerage Facilities
dated July 1, 1976, and as thereafter and/or hereafter amended.
Section 4905. Application for Permits.
Applications for permits required hereunder shall be filed with the
Director upon printed forms to be prescribed and supplied by him. The Di-
rector may require any additional information, including plans and specifi-
cations, which he may deem necessary for the proper disposition of the ap-
plication.
Section 4906. Time Within Which Action on Application Shall Be Taken.
Within thirty days after receipt of all of the information requested of
an applicant, the Director shall either grant or deny the permit and immedi-
ately shall notify the applicant by first class mail of the action taken.
Section 4907. When to Issue Permits.
The Director shall issue a permit:
(a) For industrial waste disposal if he determines that:
1. The material to be discharge or deposited in the
8
9
10
11
12
14
15
17
2O
21
22
25
25
26
27
28
29
50
~2
(b)
Section 4908.
manner proposed will not cause or result in the
pollution of any underground or surface waters,
as herein prohibited, and that,
Under existing circumstances and conditions, it
is reasonable and necessary to dispose of the
waste in the manner proposed.
The Director may incorporate in any permit issued pur-
suant to this Chapter,. such limitations or conditions
as may be reasonably necessary to effectuate the purpose
of this Chapter and may from time to time, review the
limitations or conditions which have been incorporated
in any permit theretofore issued, giving consideration
to changed conditions, and may, whenever in his judgment,
it is advisable or required in order to maintain the
waters of the City and County free from pollution, alter,
revise, modify, delete, or add further limitations or
conditions applicable to any permit theretofore issued.
No such alterations, 'revision, modification, deletion
or addition of limitations or conditions shall be ef-
fective, however, until notice in writing thereof shall
have been served upon the Permittee in the manner pro-
vided by Section 4902.of this Chapter.
Permit Does Not Authorize Certain Acts.
A permit issued under this Chapter does not authorize any act or
acts forbidden by any law, rule, regulation or order of any public
agency or department and such fact shall be so stated on the face of
all permits issued.
Section 4909. Term of Permits.
A permit for the disposal of industrial waste shall be valid until
suspended or revoked in the manner hereinafter provided.
Section 4910. Transfer of Permits.
The Director may transfer a permit to the successor in interest of
a Permittee upon the filing by the successor in interest of a written ap-
plication therefor, together with such evidence of transfer, of title or
interest as the Director may require provided, however, a permit shall not
be transferrable from one location to another. The Director shall immedi-
ately notify, by first class mail, the person requesting a transfer of a
permit of the action taken.
Section 4911. Requ§st for Hearing.
A person who is dissatisfied with an action of the Director may re-
quest a hearing before the Board of Supervisors as hereinafter provided.
Section 4912. Enforcement.
The Director shall enforce this Chapter and shall, upon his own ini-
tiative, or may upon the complaint of a third person, investigate any
violation of this Chapter, or of an.y permit issued hereunder. For such
purpose, he shall have the powers of a Peace Officer.
Section 4913. Tests and Inspections.
For the purpose of securing compliance with this Chapter, the Director
1
2
4
5
15
16
17
18
19
20
21
~4
26
27
28
29
5O
51
shall make periodic tests of samples of industrial waste obtained from the
place or places of discharge or deposit, and such other tests deemed neces-
sary for proper administration hereof. For the purpose of making such
tests or inspections, the Director or his duly authorized Deputies or
Agents shall be permitted at all reasonable hours to enter any premises
or place where industrial waste is being or is proposed to be discharged
or deposited, or where there may be a violation of this Chapter.
Section 4914. Cooperation by Other Departments.
In carrying out the duties imposed upon him, the Director may request
and receive the aid of any other City or County Department.
Section 4915. Notice of Violation.
Whenever the Director finds that any person is acting in violation
of any provision of this Chapter or of any permit issued hereunder, he
shall serve upon the person causing or suffering such violation to be com-
mitted, including the Permittee, if a permit has been issued, a notice of
violation. The notice shall state the act or acts constituting the viola-
tion and shall direct that the violation be corrected within such time to
be specified in the notice as the Director may deem reasonable.
Section 4916. Cessation of Activities.
Whenever the Director finds that the continued violation of any pro-
vision of this Chapter or of the conditions of any permit issued hereunder
is so aggrevated that the prevention of pollution of underground or surface
waters requires the immediate cessation of the activities causing the vio-
lation, he may so direct in the notice of violation. A person who has been
so notified shall immediately cease all such activities and shall not re-
sume them until the Director determines that all of the violations charged
in the notice have been corrected.
Section 4917. Suspension of Permit.
The Director may suspend a permit by giving notice thereof to the
?ermittee:
(a) When a permittee fails to rectify a violation within
the time specified in a notice thereof, or
(b)
When a violation is so aggrevated as to require ces-
sation of activities as provided in the preceding
Section.
A permit suspended by the Director shall be reinstated by him when
all of the violations charged in a notice thereof have been corrected.
Section 4918. Revocation of Permits.
The Board
after provided,
grounds:
of Supervisors may, after notice and hearing as herein-
revoke a permit on any one or more of the following
(a) Fraud or deceit in obtaining a permit.
(b) Failure of a permi~ee to correct a violation within the
time prescribed in a notice of violation.
(c) Willful violation of any provisions of this Chapter of
1
2
4
5
6
8
9
10
11
12
14
15
16
17
18.
19
20
21
22
25
25
26
27
28
29
50
51
I,
a condition or limitation of a permit, or of any lawful
order of the Director.
Section 4919. Proceedinqs for Revocation of Permit.
Proceedings for the revocation of a permit may be initiated.
(a)
By the Director by serving upon the permitteea copy of
and filing with the County Clerk, a written recommenda-
tion of revocation setting forth the grounds therefor
and requesting a hearing thereon before the Board of
Supervisors; or
(b)
By the Board of Supervisors, on its own motion or upon
the complaint of a third person, by serving or causing
to be served upon the Permittee and the Director a
notice of intention to, revoke, setting forth the grounds
therefor and designating a time and place for hearing
thereon.
Section 4920. Request for Hearing.
A person who is dissatisfied with an action of the Director may ~e-
quest a hearing before the Board of Supervisors.
Section 4921. When and How Hearings May be Requested.
Any person who feels himself agg'rieved by an action of the Director:
(a) Denying an application for a permit or incorporating limi-
tations or conditions in a permit.
(b) Denying an application: for the transfer of a permit.
(c)
Ordering the correction of a violation of any provision of
this Chapter, or of a condition or limitation of a permit
issued hereunder.
(d) Directing the cessation of operations pending the correc-
tion of a violation, or
(e)
Suspending or refusing to reinstate a permit suspended by
him, may, within thirty days after receipt of a notice of
the action complained of, serve upon the Director a copy
of and file with the County Clerk a written request for a
hearing before the Board of SupervisorsL The request shall
set forth in c~cise language the particular action or
actions complained of and the reasons why the person or
permittee feels himself aggrieved thereby. Failure to file
a request for hearing within the time prescribed herein
shall constitute a waiver of any objection to the action of
the Director and his action shall be final.
Section 4922. Notice of Hearing.
When a request for hearing is filed with the County Clerk, the Board
of Supervisors shall set the matter for hearing and give notice of the time
and place thereof to the person requesting the hearing, the Director, and
any other person or public agency requesting notice thereof. The hearing
shall be held not more than thirty days after a written request therefor
has been filed with the County Clerk and not less than ten days after the
issuance of the notice thereof.
!
4
5
?
8
9
10
11
14!
15;
16
17
18
19
2O
23_
22
24
25
26
27
28
29
3O
51
32
Section 4923. Hearin9.
At the time and place set for hearing, the person requesting the
hearing, the Director, and any interested person or public agency may ap-
pear and be heard either in person or by counsel.
Section 4924. Decision.
The Board
of the hearing,
(a)
(b)
of Supervisors shall, within thirty days after conclusion
render its decision. The Board of Supervisors may:
Confirm the action of the Director.
Direct the Director to, issue a permit with or without
such conditions or limitations as the Board of Super-
visors may deem appropriate.
(c) Vacate or modify the suspension of permit.
(d) Cancel a notice of violation or modify such notice in
such particulars as the Board of Supervisors may deem
appropriate.
(e) Direct the Director to transfer a permit.
(f) Revoke a permit on any of the grounds specified in
Section 4918.
(g) Make such other disposition of the matter heard as
may be appropriate and in conformity with this Chapter."
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the day of , 1980.
MAYOR OF THE CITY OF TUSTIN
ATTEST:
CITY CLERK OF THE CITY OF TUSTIN