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HomeMy WebLinkAboutOrdinance #1253 ORDINANCE N0. 12-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 313 OF THE HUNTINGTON BEACH ORDINANCE CODE ENTITLED "SMOKE, DUST AND INDUSTRIAL WASTE" AND AMENDING AND RENUMBERING SECTIONS THEREOF AND ADDING SECTIONS 3133 AND 3134 THERETO; AND ADDING ARTICLE 314 ENTITLED "WASTE WATER" AND SECTIONS THERETO. The City Council of the City of Huntington Beach does ordain as follows : i Section 1. That Article 313 of the Huntington Beach Ordinance Code is hereby amended. and as amended shall read in words and figures as follows : ARTICLE 313 SMOKE, DUST AND INDUSTRIAL WASTE Section 2 . That Section 3132 of the Huntington Beach Ordinance: Code is hereby amended and as ' amended, shall read. in words and figures as follows : S . 3132 . It shall be unlawful for any person, firm or corporation to permit, maintain, or create a situation wherein the dust, smoke, soot, carbon or Indus- trial waste on any property. -under his, her or its control, creates a public nuisance . Section 3 . That Sections 3133 and 3134 are hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : S . 3133 . Escape of Smoke, Carbon, Soot. No person shall cause, permit or allow smoke, carbon, or soot from any fire being operated., used, maintained or fired by such person to escape from any smokestack, chimney, flue, vent, firebox, kiln or furnace. a 1 Ord. No. 1253 S . 3134. ABATEMENT PROCEDURE. Section 4. That the following sections of the Hunt- ington Beach Ordinance Code are hereby renumbered to read in figures as follows : From To S. 3132 . 1 S. 3134. 1 S. 3132 . 2 S. 3134. 2 S . 3132 .3 S. 3134.3 S. 3132 .4 S . 3134.4 S . 3132 . 5 S . 3134.5 S . 3132 .6 S. 3134.6 S . 3132 .7 S . 3134.7 S. 3132. 8 S. 3134.8 S . 3132. 9 S. 3134. 9 Section 5. That Article 314 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 314 WASTE WATER S . 3141 . Definition - Waste Flowing Into Street. It shall be unlawful for any person, firm or corporation, either as principal, agent, servant, employee, or otherwise, to cause or permit crude, distilled or refined oil or petroleum, or water, waste water or mud, or any by- product of any oil production activity or any substance re- sulting from oil production activity, to become deposited upon or to flow upon, into or across any sidewalk, curb, alley or street or into any storm or sanitary drainage system, sewer or gutter . S . 3142. Special Permit: Clarifier. The Director of Public Works may issue a special permit to any person, firm, or corporation to deposit water or waste water into any storm or sanitary drainage system of this City, provided such water or waste water does not contain crude, distilled or refined petroleum or mud or any residuary products of petroleum or other substances mentioned. in Section 5650 of the Fish and Game Code of the State of California 2 Ord. No . 1253 and provided further that a clarification system approved by the Director of Public Works is installed and. properly main- tained for the, purpose of treating said water. S. 3142 . 1 Application Fee . A verified application for such special permit shall be filed with the Director of Public Works together with a fee of $5 .00 per well for the use and benefit of this City, which said sum shall be retained by the City whether said application is granted or denied. S . 3142 . 2 Contents of Application: Property Descrip- tion. Said application shall contain a description of the property upon which said water or waste water is located. S. 3142 . 3 Property Owner: Discharge Point . The app- lication shall contain the name of the owner of the property and shall designate the point where the water will be discharged into said drainage system or sani- tary sewer. S . 3142 .4 Method of Clarifying. The application shall contain the method of clarifying and sett- ling the objectionable substances from said water, including plans and specifications of waste water settling system. S . 3142 . 5 Easements : Promise to Indemnify. If said waste water is to be conducted over private property belonging to persons other than applicant, a state- ment that permission from the owner .or owners of said prop- erty has been secured in writing together with an agreement on the part of the applicant to indemnify and hold harmless this City and its officers and employees from any liability accruing to this City, its officers or employees on account of the granting of said application. S. 3142 .6 Permittee to Pay Costs . All costs incurred by the permittee and all damages to city property by reason of permittee connecting to or closing out any of his connectiaTz, to city property shall be at permittee ' s sole cost and expense . S . 3143 . Hearing After Denial. In the event the Dir- ector of Public Works denies the application for a permit for the disposal of waste water, the applicant may within thirty. (30) days thereafter upon request therefor be granted. a hearing before the Council, at which hearing the Council may take evidence for and against said permit and. either grant or deny said application. 3 Ord. No . 1253 S. 3144. Contents of Permit. The permit shall specify the location of the clarifying plant, type of plant to be used including plans and specifications approved by the Director of Public Works . S . 3144.1 Discharge Point. The permit shall contain the location at which water will be dis- charged into the drainage system or sanitary sewer, the size of discharge pipe and method of discharge . S . 3145. Fee . The fee for said permit shall be $30 .00 per well per calendar year payable annually in advance on or before the first day of January of each year. Where permits are issued for the unexpired portion of the annual term the amount of the permit fee required shall be prorated. on a monthly basis . The minimum permit fee for an unexpired annual term shall not be less than one month' s fee or $2 . 50 per well. S . 3145 .1 Deposit of Fees . All fees collected under this Article by the Director of Public Works shall be deposited in the General Fund of the City. S . 3146 . Bond. The Director of Public Works may re- quire a bond from the applicant conditioned upon the faithful performance of the conditions of said per- mit including the indemnification from any and all liability on account of the issuance of said permit and for the payment to the City of all fees required to be paid by the City under this Article and said bond shall be in such sum as the Dir- ector of Public Works shall deem proper. S. 3147. Valve Gate . The discharge line shall have a valve gate, located at the point of discharge, capable of being locked. S. 3147. 1 Drain Pipe to Sanitary System. The drain from the clarifier tank to the public sewer shall be laid on an even grade and straight with a fall of not less than one-quarter of an inch per lineal foot to a point on a line where an elbow may be placed from whence the said drain shall descend to the "Y" on said sewer at an angle of 90 degrees . All drains connected with the sewer shall be of vitrified salt-glazed sewer pipe of the best quality and of not less than 4 inches in internal diameter; all joints therein shall be neatly made with Portland Cement composed of one part of said. cement and two parts of clean sand, and said joints shall be carefully swabbed out; all work must be left uncovered until the same has been properly tested and inspected. All changes of course in drain pipe must be made with one-eighth bends or "Y" and one-eighth bend; "T ' s" allowed in drain work. All sewer 4 i Ord.. No . 1253 laterals extending to the public sewer shall be laid. at a depth of not less than three feet at the property line . The sewer connection to the sanitary system shall be properly vente d.. S. 3147 . 2 Rules For Laying Drain Pipe to Sanitary Sewer. No sanitary sewer shall be opened except by a licensed plumber and care must be taken that no cement pipe or other material shall be used in making con- nections and. shall be of such a length that they do not ex- tend over 4 inches into sewer "Y" of chimney. Trench from main sewer to property line to be properly settled when back-filled. Upon discontinuance or cancellation the d.rain- pipe shall be cut off at the property line and the connec- tion cemented. off. S . 3147 .3 Use of Storm Drains and Sanitary Sewers . No person, firm or corporation shall dis- charge or cause to be discharged any sewage, waters, vapors or industrial wastes that have any one of the following characteristics : 1. Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas . 2 . Any ashes, cinders, sand mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other inter- ference with the proper operation of the sewage or storm drain works . 3 . Any industrial wastes containing a toxic or poison- ous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant . 4. Any noxious or malodorous gas or substance capable of creating a public nuisance . S . 3148. Temporary Suspension of Permit . Upon the violation of any of the terms of the permit, including the payment of any fee before delinquency, the Director of Public Works may temporarily suspend the permit . S . 3148. 1 Citation to Show Cause. In such event, the Director of Public Works shall cite the per- mittee to appear before the City Council at its next meeting and show cause why his permit should not be cancelled. 5 Ord.. No . 1253 S . 3148. 2 Citation Without Suspension. Without sus- pending such permit, the Director of Public Works may cite any permittee to show cause before- the City Council why said permit should not be cancelled.. S . 3148.3 Hearing: Decision. At said. hearing, the Council shall take evidence and after said hearing shall decide the matter within three weeks . S . 3148.4 Action by Council. The Council may cancel, suspend for a definite time, or modify the terms of said permit. S. 3148. 5 Transfer of Permit . No permit issued here- under shall be transferred except upon the consent of the Director of Public Works . Application for such transfer shall be made upon forms prescribed by the Director of Public Works and shall be accompanied by the application of the transferee for the issuance to him of such permit . The application of the transferee shall con- tain all the information and. be accompanied by all the re- quired documents and. all the fees required of any applicant for an original permit under this Article. S . 3148.6 Cancellation. The City Council reserves the right to cancel any and all permits issued under this Article after notice and hearing when public necessity and, convenience require such cancellation. Upon such cancellation the Council may order refunded any unused portion of the fees paid by the permittee . Notice hereunder shall be given by mail addressed to the permittee at the address shown on the permit at least ten days before the hearing. S . 3149 . Special Industrial Waste Permit . The Direc- tor of Public Works may issue a special in- dustrial waste permit to any person, firm or corporation to discharge industrial wastes into the storm and sanitary sewer systems of this City providing the characteristics of said industrial wastes do not exceed the limitations as indicated below: 1. Any liquid or vapor having a temperature higher than 850F unless properly treated for scale inhibition. 2 . Any sewage or industrial wastes which may contain more than 200 parts per million, by weight, of fat, oil, or grease . 3 . Any sewage containing over 0. 5 parts per million of dissolved sulphides . 6 Ord. No . 1253- 4. Any sewage or industrial wastes having a pH lower than 6 . 5 or higher than 9 .0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works . 5 . Any sewage or industrial wastes containing sus- pended solids of such character and quantity that unusual attention or expense is required to-handle such materials in trunk sewers or at the sewage treatment plant . S . 3149.1 Application Forms . Application forms for such special industrial waste permits shall be furnished by the Director of Public Works . S . 3149.2 Application Fee . The application for a special industrial waste permit shall be accompanied by an application fee of $5.00, no part of which shall be returned to the applicant . S . 3149.3 Fees for Special Industrial Waste Permit . The fee for the special industrial waste permit shall be $2 . 50 per month for each 1200 barrels or fraction thereof of industrial waste discharged into the storm and sanitary sewer systems of this City. Said fee shall be paid monthly. S. 3149.4 For the purpose of this ordinance, the water or waste water from the production of oil and gas wells in the City shall not be considered as an in- dustrial waste requiring a permit under Section 3149. Section 6 . 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 Huntington Beach News, a weekly newspaper printed, pu lished and circulated in the City of Huntington Beach, California, and thirty (30) days thereafter the same shall take effect and. be in force . 7 Ord. No. 1253 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 19th day of September, 1966 . / Mayor ATTEST: a City C1 APPROVED AS TO FORM: \� . D USH , City Attorney 8 Ord. No . 1253 STATE OF CALIFORNIA COUNTY OF ORANGE ss : CITY OF HUNTINGTON BEACH I , PAUL C . JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the ,.6th day of September , 19. 66 , and was again read to said City Council at a regular meeting thereof held on the 19Lhday of September 19 66 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council . AYES : Councilmen: Coen, Bartlett, Gisler, Kaufman NOES : Councilmen: None ABSENT : Councilmen: Green, Stewart 1, PA.UL C. JONES, CITY CLERK of the City of Huntington Beach City Clerk Wd ex-officio Clerk and ex-officio Clerk of the City of the City Council of the City Council, do hereby certify that of Huntington Beach, California this ordinance has been published in the Huntington Beach News on •- ------ - - -. _:�'-_�.�.._-, -19---Gam---• F In crCcordance with the City Charter of said laity. City Clerk I . Uep;aty City Clerk