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HomeMy WebLinkAboutOrdinance #1593 ORDINANCE NO. 1593 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TO DIVISION 3 , CHAPTER 31 A NEW ARTICLE ENTITLED, "WATER POLLUTION REGULATIONS, " BEING SECTIONS 3150. 1 THROUGH 3150 .25 The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding to Division 3, Chapter 31, a new Article 315, being Sections 3150 . 1 through 3150 .25, to read as follows : ARTICLE 315 WATER POLLUTION REGULATIONS 3150 . 1. ENFORCEMENT AND ADMINISTRATION. The County of Orange and all of its offices , employees and agents are hereby authorized and empowered to enforce and administer the pro- visions of this article within the City of Huntington Beach, California. 3150 . 2 . DEFINITIONS . As used in this article unless the context otherwise requires : (a) Director means the duly-appointed administrator appointed by the Board of Supervisors of the County of Orange . (b) Department means any department of the City of Huntington Beach or the County of Orange . (c) Industrial Waste means any and all liquid or solid waste substance, not sewage from any producing, manufac- turing or processing operation of whatever nature . It shall include sewage mixed with "industrial waste; " however, it shall not include domestic sewage from residences , business buildings and institutions , containing only waste from waterclosets , wash water, baths and kitchens . (d) Pollution of Underground or Surface Waters means 1 . any condition resulting from the depositing or discharging of industrial waste which impairs or contributes to the impairment of the usefulness of waters for human or animal consumption or domestic , agricultural, industrial, or re- creational 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 district . (f) Public Sewer means the main line sewer, pub- licly 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. (h) Underground 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 . 3150. 3 . 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 . 3150. 4 . PERMITS FOR DISPOSALS OF INDUSTRIAL WASTES . 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 or County of Orange except in conformity with the provisions of this article , 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 required for the dis- charge of industrial waste into a public sewer with an ocean outfall. 3150. 5 . 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 Director may require any additional information, including plans and speci- fications which he may deem necessary for the proper disposition of the application. 2 . i 3150 . 6 . TIME WITHIN WHICH ACTION OR APPLICATION SHALL BE TAKEN. Within thirty (30) days after the receipt 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. 3150 . 7 . WHEN TO ISSUE PERMITS . The Director shall issue a permit for industrial waste disposal if he determines that : (a) 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 (b ) 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 article, such limitations or conditions as may be reasonably necessary to effectuate the purpose of this article and may from time to time , review the limitations or conditions which have been incorporated in any permit there- tofore 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 thereto- fore issued. No such alteration, revision, modification, deletion or addition of limitations or conditions shall be effective , however, until notice in writing thereof shall have been served upon the permittee in the manner provided by Section 3150 . 14 of this article . 3150. 8 . PERMIT DOES NOT AUTHORIZE CERTAIN ACTS . A permit issued under this article 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. 3150 . 9 . TERM OF PERMITS . A permit for the disposal of industrial waste shall be valid until suspended or revoked in the manner hereinafter provided . 3150. 10 . 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 application therefor, together with such evidence of transfer of title or interest as the Director may require, provided, however, a per- mit shall not be transferable from one location to another. 3 • The Director shall immediately notify by first class mail, the person requesting a transfer of a permit of the action taken. 3150. 11 . TESTS AND INSPECTIONS . For the purpose of securing compliance with this article, the Director 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 administration here- of. 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 article. 3150 . 12 . 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 . 3150. 13 . ENFORCEMENT. The Director shall enforce this article and shall, upon his own initiative or may upon the complaint of any person, investigate any violation of this article, or of any permit issued hereunder. For such purpose, he shall have the powers of a peace officer. 3150. 14 . NOTICE OF VIOLATION. Whenever the Director finds that any person is acting in violation of any provision of this article or of any permit issued hereunder, he shall serve upon the person causing or suffering such violation to be committed, including the permittee , if a permit has been issued, a notice of violation. The notice shall state the act or acts constituting the violation and shall direct that the violation be corrected within such time to be specified in the notice as the Director may deem reasonable . Unless otherwise expressly provided, any notice under this article required to be given by the Board of Supervisors or the Director shall be in writing 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. 3150. 15. CESSATION OF ACTIVITIES . Whenever the Director finds that the continued violation of any provision of this article or of the conditions of any permit issued hereunder is so aggravated that the prevention of pollution of underground or surface waters requires the immediate cessation of the activities causing the violation, he may so direct in a notice of violation. A person who has been so notified shall immedi- ately cease all such activities and shall not resume them until 4 . the Director determines that all of the violations charged in the notice have been corrected. 3150 . 16 . SUSPENSION OF PERMIT. The Director may sus- pend 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 aggravated as to re- quire cessation 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. 3150 . 17 . REVOCATION OF PERMITS . The Board of Supervisors may, after notice and hearing as hereinafter 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 provisions of this article of a condition or limitation of a permit , or of any lawful order of the Director. 3150 . 18 . PROCEEDINGS FOR REVOCATION OF PERMIT. Pro- ceedings 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, a written recom- mendation of revocation setting forth the grounds therefor and requesting a hearing thereon before the Board of Super- visors ; 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. 3150. 19 . REQUEST FOR HEARING. A person who is dis- satisfied with an action of the Director may request a hearing before the Board of Supervisors . Except as specified in Section 3150 . 15, the decision of the Director shall be suspended pending the decision of the Board of Supervisors . 5 . 3150. 20. 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 in- corporating limitations 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 article, or of a condition or limitation of a permit issued hereunder. (d) Directing the cessation of operations pending the correction of a violation, or (e) Suspending or refusing to reinstate a permit suspended by him, may, within thirty (30) 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 pre- scribed herein shall constitute a waiver of any objection to the action of the Director and his action shall be final . 3150. 21. 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 (30) 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. 3150 . 22 . 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 . 3150. 23 . DECISION. The Board of Supervisors shall, within thirty (30) days after conclusion of the hearing, render its decision. The Board of Supervisors may : (a) Confirm the action of the Director . 6 . (b ) Direct the Director to issue a permit with or without such conditions or limitations as the Board 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 may deem appropriate . (e) Direct the Director to transfer a permit . (f) Revoke a permit on any of the grounds specified in Section 3150 . 17 . 3150. 24 . PENALTY. Any person convicted of a violation of any provision of this article shall be punishable by im- prisonment in jail for a period not exceeding six (6) months, or by fine not exceeding Five Hundred Dollars ( $500) , or by both such fine and imprisonment . 3150. 25. SEVERABILITY . If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the article . The City Council of the City of Huntington Beach hereby declares that it would have passed this article, and each section, sub- section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 3 . The City Clerk shall certify to the passage of this ordinance and cause same to be published within fif- teen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of August 1970 . P Mayor aro Tempore ATTEST: APE11OVED AS/ TO FORM: City C k City Attor y 7 . Ord. No. 1593 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 2Oth day of July, 1970 , and was again read to said City Council at a regular meeting thereof held on the Ord day of August , 19_Z2_, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Green, Bartlett, McCracken, Gibbs , Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Shij�lev City Clerk aW ex-officio Clerk of the City Council of the City I. PAUL C. JONES, CITY CLERK of the City of of Huntington Beach, California Huntington Beach and ex-officio Clerk of the City Council, do hireby certify that this ordinance has been p hed in the H ington.Beach New ..... -------- 1 5" In accords with the City Charter of said City, ....... ....... ........... ---- _...---------•-•---------- ity Clerk Deputy Ciq/ ===