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HomeMy WebLinkAboutORD 820 (1980)1 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, ES- TABLISHING WATER POLLUTION CONTROL REGULATIONS 5 The City Council of the City of Tustin, California, ordains that Article 4 of the Tustin City Code be amended to include the following: 6 "Chapter 9 - Water Pollution Control 7 Section 4900. Enforcement and Administration. 8 The County of Orange and all of its officers, employees and agents hereby are authorized and empowered to enforce and administer the pro- 9 visions of this Chapter within the City of Tustin, California. ELO Section 4901. Definitions. Z1 As used in this Chapter, unless the context otherwise requires: ZL~ (a) "Board of Supervisors", means the Board of Supervisors of the County of Orange, California. (b) "Director", means the duly appointed adminstrator of 14 Orange County Ordinance No. 703, appointed by the Board of Supervisors of the County of Orange. 15 (c) "Department", means any department of the City or the t6 County of Orange. 17 !I (d) "Industrial Waste", means any and all liquid or solid waste substance, not sewage from any producing, manufacturing 18 or processing operation of whatever nature. It shall include sewage mixed with "Industrial Waste."; however, it shall not in- 19 clude domestic sewage from residences, business buildings and institutions, containing only waste from waterclosets, wash 20 water, baths and kitchens. ~1 (e) "Pollution of Underground or Surface Waters", means any condition resulting from the depositing or discharging of 22 industrial waste which impairs or contributes to the impairment of the waters for human or animal consumption or domestic, 2~ agricultural, industrial or recreational purposes, or any other useful purposes. (f) "Public AgenCy", means and includes the United States ~5 or any department or agency thereof, the State of California or any department or agency thereof. County, City, public corpora- 26 tion, municipal corporation or public Idistrict. ~7 (g) "Public Sewer", means the main line sewer, publicly owned or maintained, constructed in a street, highway, alley, 28 place or right of way dedicated to public use. 29 (h) "Sewage", means any waste., liquid or otherwise asso- ciated with human occupancy of buildings including sewage ef- 30 fluent and water contaminated with offal, filth and feculent matter. (i) "Under..ground" or ".Surface Water", means any surface or subterranean stream watercourse, lake or other body of water, and shall include water wells and any underground or surface storage reservoir, whether natural or artificial. Secti on 4902. Notice. Unless otherwise expressly provided, any notice under the Chapter re- quired to be given by the County of Orange or the Director shall be in wri' ing and may be served either in the manner 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 to do from the Director; said permit shall conform to all applicable regul~ 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, t976, 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 2 manner proposed will not cause or result in the pollution of any underground or surface waters, as herein prohibited, and that, 2. Under existing circumstances and conditions, it is reasonable and necessary to dispose of the waste in the manner proposed. (b) 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 ~rom ti~e 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. Section 4908. 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 49~1. Re. quest 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 any 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 shall make periodic tests of samples of industrial waste obtained fro~ 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 Permittee: (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 of Supervisors may, after notice and hearing as herein- after provided, revoke a permit on any one or more of the following grounds: (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 4 a condition or limitation of a permit, or of any lawful order of the Director. Section 4919. Proceedings for Revocation of Permit. Proceedings for the revocation of a permit may be initiated. (a) By the Director by serving upon the permittee a copy of 5 and filing with the County Clerk, a written recommenda- tion of revocation setting forth the grounds therefor 6 and requesting a hearing thereon before the Board of 7 Supervisors; or (b) By the Board of Supervisors, on its own motion or upon 8 the complaint of a third person, by serving or causing to be served upon the Permittee and the Director a 9 notice of intention to revoke, setting forth the grounds therefor and designating a time and place for hearing i0 thereon. Section 4920. Request for Hearin.q. A person who is dissatisfied with an action of the Director may re- quest a hearing before the Board of Supervisors. Section 4921. When and How Hearings May be Requested. Any person who feels himself aggrieved by an action of the Director: (a) Denying an application for a permit or incorporating limi- tations or conditions in a permit. 3.7 (b) Denying an application for the transfer of a permit. 3_8 (c) Ordering the correction of a violation of any provision of this Chapter, or of a condition or limitation of a permit 19 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 Supervisors. The request shall set forth in concise 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 30 any other person or. public agency requesting notice thereof. The hearing shall be held not more than thirty days after a written request therefor 3! has been filed with the County Clerk and not less than ten days after the issuance of the notice thereof. 5 Section 4923. Hearing. 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 Supervisors shall, within thirty days after conclusion of the hearing, render its decision. The Board of Supervisors may: (a) Confirm the action of the Director. (b) 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 19th day of February , 1980. '" MAYOR OF THE CITY OF TUSTIN ATTEST: CITY CLERK OF THE N 6 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 820 was duly and regularly introduced and read at a regular meeting of the City Council held on the 4th day of February , 19 80 and was given its second reading and duly passed and adopted at a regular meeting held on the 19th .day of ~hrl]ary , 19 80, by the following vote: AYES: COUNCILMEN: SCHUSTER, SALTARELLI, KENNEDY: WR.T~qW NOES: COUNCILMEN: None ' ' ABSENT: COUNCILMEN: SHARP City Clerk, City u PUBLISH TUSTIN NEWS: February 28, 1980