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HomeMy WebLinkAboutOrdinance #646 'h ORDINANCE No. 64.6 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH' AMENDING. THE HUNTINGTON BEACH. ORDI NANCE CODE . BY ADDING SECTIONS 2449, 2449.12 2449.11, 2449.127 2449.13, 2449.147 2449.21 2449.21 2449.229 2449.237 24�-9.247 2449.25, 2449.2�, 2449.31 2449.31 2449.321 2449.33 2449.349 2449 35, 2449.3t, 2449.377 2449.367 2449.41 2449.41, 2449.42, 2449.43 PROVIDING REGULf'- TIONS FOR THE PREVENTION OF POLLUTION OF;-' UNDERGROUND OR SURFACE WATERS AND AUTHORIZ- ING THE COUNTY OF ORANGE TO ACT AS ENFORCEi- INTENT AGENT FJDR THE CITY OF HUNTINGTON BEACH. WHEREA.'--ihe Orange County Water Basin underlies an area of dense and increasing population-.. and contains a diminishing supply of potable water.; and WHEREAS, much surface water finds its way into said Water Basin and underground waters move through said Water Basin so that no City alone can prevent pollution of these necessary water supplies, but only the County of Orange and all of the Cities overlieing said water Basin acting in unison can prevent pollution in said County area; and WHEREAS , many enforcement agencies of what is by its nature a County wide problem, would tend to lack of uni- formity in quality and amount of enforcement and tend to defeat the ends sought by the City of Huntington Beach and said City has for those reasons,d.etermined that the entire enforcement of rules and regulations against the pollution of waters in and over the Orange County Water 1 Ord. No. 646 Basin should be administered by an Orange County Agency and all hearings under such rules and regulations should be had before the Board of Supervisors of Orange County and by agreement with Orange County has provided for such enforcement in said City: The City Council of the City of Huntington Beach do ordain as follows: Section 1. That the Huntington Beach Ordinance Code be and the same is hereby amended by adding the following sections to said Ordinance , said sections to be in words and figures as follows: Section 2449. eater Pollution Regulations. t Section 2449.1. Enforcement and Administration. The County of Orange and all of its Office/s, employees and agents are hereby authorized and empowered to enforce and administer the provisions of this Ordihanc-e.!.�rithin,--itheiCity of Huntington Beach, California. Section 2449.11. Definitions. As used in this Ordi- nance unless the context otherwise requires: i (a) "Director" means the duly appointed adminis- trator of Ordinance No. 703 appointed by the Board of Sup- ervisors of the County of Orange . (b) "Department" means any department of the City or the County of Orange . (c) "Industrial Waste" means any and all liquid 1 . 2. Ord. No. 64.6 • or solid waste substance , not sewage from any producing, man- ufacturing or processing operation of whatever nature . It shall include sewage mixed with "Industrial Waste" ; however, it shall not include domestic sewage from residences, bus- iness buildings and institutions , containing only waste from waterclosets, wash water, baths and kitchens. • (d) "Pollution of Underground or Surface Waters" means any condition resulting from the depositing or dis- charging of industrial waste which impairs or contributes to the impairment of the usefulness of waters for human or ani- mal consumption or domestic , agricultural, industrial, or recreational purposes, or any other useful purposes. (e) "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 corporation, municipal corporation or public t district. (f) "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. (g) "Sewage" means any waste , liquid or otherwise associated with human occupancy of buildings including sewage effluent and water contaminated with offal, filth and feculent matter. • 3. - Ord. No. 646 (h) "Underground"or Surface'Water" means any sur- face or subterranean stream, watercourse , lake or other body of water, and shall include water wells and any un- derground or surface storage reservoir, whether natural or artificial. Section 241+9.12. Notice . Unless otherwise expressly provided, any notice under this Ordinance required to be given by the Board of Supervisors or the Director shall be in writing and may be served either in the manner pro- vided in the Code of Civil Procedure for the service of process or by registered mail. When service is by regis- tered mail, the notice shall be sent to the last address; given to the Director. The failure to comply with a notice of violation is- sued and served pursuant to this Ordinance shall consti- tute a willful violation of this Ordinance and each day of willful violation shall constitute a separate offense punishable as provided for in this Code . Section 2449.13. Pollution of hater Prohibited. No 1i person shall discharge or deposit or cause or suffer to be discharged or deposited from any source affy industrial waste in a manner which will or may cause or result in the pollution of any underground or surface waters. Section 2442.14. Permits for Disposals of- Indust- tial Wastes. No person shall discharge or deposit or 1 4. ' Ord. No. 64.6 cause or suffer to be deposited or discharged any indust- rial waste -into or upon any area in the City, or into any underground or surface waters in the City where such in- dustrial waste is or may be deposited upon or may be car- ried through or over any area of the City or County of Orange except in conformity with the provisions of this Ordinance , and unless he shall have first secured, in the manner hereinafter provided, a permit so to do from the Director; provided, however, a permit shall not be requir- ed for the discharge of industrial waste into a public . sewer with an ocean outfall. Section 2449.2. Application for Permits . Applica- tions for permits required hereunder shall be filed with the Director upon printed forms to be prescribed and sup- plied by him. The Director may require any additional information, including plans and specifications, which he may deem necessary for the proper disposition of the application. Section 2449.21. Time Within Which Action on Appli- cation Shall be Taken. Uithin thirty days after the re- ceipt of all of the information requested of an applicant, the Director shall either grant or deny the permit and shall immediately notify the applicant by first class mail of the action taken. Section 2449.22. When to Issue Permits. The Director shall issue a permit Ord. No. 646 • (a) For industrial waste disposal if he deter- mine that: 1. The material to be discharged or deposited in the 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 nec- essary to dispose of the waste in the manner proposed. (b) The Director may incorporate in any permit issued pursuant to this Ordinance , such limitations or conditions as may be reasonably necessary to effectuate the purpose of this Ordinance and may from time to time , review the limitations or conditions which have been in- corporated in any permit theretofore issued, giving con- sideration to changed conditions, and may, whenever in • his judgment, it is advisable or required in order to main- tain 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 effective , however, until notice in writing thereof shall have been • ti _ Ord. No. 646 I! served upon the Permittee in the manner provided by Section 244g.12 of this Ordi,4anee . Section 2449.23. Permit does not Authorize Certain acts. .A permit issued under this Ordinance 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 2442.24. Term of Permits . ,A permit for the disposal of industrial waste shall be valid until suspended or revoked in the manner hereinafter provided. Section 2449.25. Transfer of Permits . The Director may transfer a permit to the successor in interest of a Per- mittee upon the filing by the successor in interest of a written application therefor, to;ether with such evidence of transfer of title or interest as the Director may require provided, however, a permit shall not be transferable from one location to another. The Director shall immediately notify, by first class mail, the person requesting a trans- fer of a permit of the action taken. Section 2449.26. Re+ iuest for Hearing. A person who is dissatisfied with an action of the Director may request a hearing before the Board of Supervisors as hereinafter provided. Section 2449.3. Enforcement. The Director shall en- force this Ordinance and shall, upon his own or 7. r Ord. No. 64.6 may upon .the complaint of a third person, investigate any violation of this Ordinance , or of any permit issued here- under. For such purpose , he shall have the powers of a Peace Officer. Section 2449.31. Tests and Inspections . For the pur- pose of securing compliance with this Ordinance , the Direct- or shall make periodic tests of samples of industrial waste obtained from the place or places of discharge or deposit, and such other tests deemed necessary for proper adminis- tration 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 en- ter 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 Ordinance. Section 2449.32. 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 2449.33. Notice of Violation. Whenever the Director finds that any person is acting in violation of any provision of this Ordinance or of any permit issued hereunder, he shall serve upon the person causing or suffer- ing such violation to be committed, including the Permittee , if a permit has been issued, a notice of violation. The • 8_ Ord. No. 646 • 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 Di- rector may deem reasonable . Section 2449.34. Cessation of Activities. Whenever the Director finds that the continued violation of any pro- vision of this Ordinance or of the conditions of any per- mit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters requires the immediate cessation of the activities causing the viola- tion, he may so direct in the notice of violation. A per- son who has been so notified shall immediately cease all such activities and shall not resume them until the Direct- or determines that all of the violations charged in the notice have been corrected. Section 2449.35. Suspension of Permit. The Director may suspend a permit by giving notice thereof to the per, mittee.; (a) When a permittee fails to rectify a 0 violation within the 'time specified in a notice thereof, or .(b) When a violation is so aggravated as to require cessation of activities as pro- vided in the preceding Section. A- permit suspended by the Director shall be reinstat- 9• Ord. No. 64.6 • ed by him when all of the violations charged in a notice thereof have been corrected. Section 2449.36. Revocation of Permits . The Board of Supervisors may, after notice and hearing as hereinaf- ter 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 permittee to correct a violation within the time prescribed in a notice of violation. (c) Willful violation of any provis- ions of this ordinance of a condition t or limitation of a permit, or of any lawful order of the Director. Section 2449.37. 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 and filing with the County Clerk, ai..vritten recom- mendation of revocation setting forth the grounds therefor and requesting a hearing thereon before the Board of Supervisors; or 10. Ord. No. 646 (b) By the Board of Supervisors, on its own motion or upon the complaint of a third pe.rtpn, by serving or causing to be served upon the Permitt- ee and the Director a notice of inten- tion to revoke , setting forth the grounds therefor and designating a time and place for hearing thereon. Section 2449.38. Request for Hearing. A person who is dissatisfied with an action of the Director may request a hearing before the Board of Supervisors Section 2449.4 When and How Hearings May be Re- quested. Any person who feels himself aggrieved by an action of the Director: (a) Denying an application for a permit or incorporating limitations or conditions in a permit. (b) Denying an application for the transfer of a permit. 1 (c) Ordering the correction of a violation of any provision of this . Ordinance , or of a condition or lim itation of a permit issued hereunder. (d) Directing the cessation of oper- ations pending the correction of a violation, or . 1 11. Ord. No. 64.6 , • (e) Suspending or refusing to rein- state 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 ag- grieved 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 2449.41. Notice of Hearing. When a re- quest 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 per- son 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. • r Ord. No. 646 • Section 2449.42. Hearing. At the time and place set for hearing , the person requesting the hearing, the Director, and any interested person or public agency may appear and be heard either in person or by counsel. Section 2449.43. Decision. . The Board of Super- visors shall, within thirty days after conclusion of the hearing, render its decision. The Board of Supervisors may• (a) Confirm the action of the Direct- or. (b) Direct the Director to issue a per- mit with or without such conditions or limitations as the Board may deem ap- propriate. (c) Vacate or modify the suspension of permit. (d) Cancel a notice of violation or modify such notice in such particulars as the Board may deem appropriate. • (e) Direct the Director to transfer a permit. (f) ,Revoke a permit on any of the grounds specified in Section 2449.36 (g) Make such other disposition of the matter heard as may be appropriate and in conformity with this Ordinance. 13. Ord. No. 646 Section 2: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Hunting- ton Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, Orange • County, California and this Ordinance shall become ef- fective on and after the 1st day of August , 1956. PASSED AND ADOPTED this 2nd day of APr" , 1956. Mayor • ATTEST: o 'w ' City Clerk ` • • 14. Ord. No. 646 • STATE OF CALIFORNIA ) County of Orange _ ) ss. City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-off icio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five ; that the foregoing ordinance was first read to said City ad'ourned 26th Council at a regular meeting thereof held on the day of March , 1956, and was again read to said City Pouncil at a regular meeting thereof held on the end day of April , 1956, and was passed and adopted by the affirmative vote of more than a major- ity of all the members of said City Council as follows: AYES: Councilmen: Terry, Lockett, LeBard, Seabridge. NOES: Councilmen: • None. ABSENT: Councilmen: Bartlett. ty Clerk and ex-officio Clerk the City Council of the City of Huntington Beach,California 15.