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HomeMy WebLinkAboutNS-144 ORDINANCE NO. NS-I~4 PROVIDING REGULATIONS FOR THE PREVENTION 0P POLLUTION OF UNDERGROUND OR SURFACE WATERS AND AUTHORIZING TEE COUNTY OF ORANGE TO ACT AS ENFORCEMENT AGENOY FOR THE CITY OF SANTA ANA WHEREAS, the Orange County Water Basin underlies an area of dense and increasing population and contains a diminishing supply of potable water which for more than twenty years, the City of Santa Ana has endeavored to preserve from depletion and pollution; 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 sup- plies, but only the County of Orange and all of the Cities overlielng said Water Basin acting in unison can prevent pollution in said County area; and WHEREAS, many enforcement agenciee, of what is by its nature a County wide problem, would tend to lack of uniformity in quality and amount of enforcement and tend to defeat the ends sought by the City of Santa Ana and said City has, for those reasons, determined that the entire enforcement of rules and regulations against the pollution of waters in and over the Orange County Water Basin should be administ,red by an Orange County Agency and all hearings under such x,ules 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the Santa Arm Municipal Code be and the same is hereby amended by adding at the end of Chapter 4 of Article V thereof, a new Chapter 5 in words and figures as follows: SCHAPTER 5 - WATER POLLUTION Part 1. Geaeral Provisione SECTION 5500. Title. This Chapter shall be known and may be cited as the ~Water Pollution Regulations". SECTION 5501. Enforcement and Administration. The County of Orange and all of its Offices, employees and agents are hereby authorized and empowered to enforce and ad- minister the provisions of this Chapter within the City of Santa Aha, California. SECTION 5502. Definitions. As used in this Chapter, unless the context otherwise requires: (a) "Director" means the duly appointed administrator of Ordinance No. 703 appointed by the Board of Supervisors 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 or solid waste substance, not sewage, from any producing, manufacturing or p~o- cessing operation of whatever nature. It shall include sewage mixed with "Industrial Waste"; however, it shall not include do- mestic sewage from residences, business buildings, and institu- tions, 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 discharging of indus- trial waste which impairs or contributes to the impairment of the usefulness of waters for human or animal 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 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. -2- (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 sub- terranean stream, watercourse, lake or other body of water, and shall include water wells and any underground or surface storage reservoir, whether natural or artificial. SECTION 5503. Notice. Unless otherwise expressly provided, any notice under this Chapter 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. The failure to comply with a notice of violation issued and served pursuant to this Chapter shall sonstitute a willful viola- tion of this Chapter and each day of willful violation shall con- stitute a separate offense, punishable as provided for in this Code. SECTION 5504. Pollution of Waters 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 5505. Permits for Disposal or 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 Chapter, and unless he shall have first secured, in the manner hereinafter provided, a permit so to do from the Director; pro- -3- vided, however, a permit shall not be required for the discharge of industrial waste into a public sewer with an ocean outfall. Part 2. Application for and Issuance of Permits, SECTION 5506. Application for Permits. Applications for permits required by this Chapter shall be filed with the Director upon printed forms to be prescribed and supplied by him. The Director may require any additional infor- mation, including plans and specifications, which he may deem necessary for the proper disposition of the application. SECTION 5507. Time Within Which Action on Application Shall be Taken. Within thirty 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. SECTION 5508. When to Issue Permits. The Director shall issue a permit (a) For industrial waste disposal if he determines that 1. The material to be discharged or deposited in the manner proposed will not cause or result in the pollution of any under- ground or surface waters, as herein prohibited, and that 2. Under existing circumstances and conditions it is reason- able and necessary to dispose of the waste in the manner proposed. (b) The Director may incorporate in any permit issued pursu- ant to this Chapter, such limitations or conditions as may be reasonably necessary to effectuate the pttrpose 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 applica- ble to any permit theretofore issued. No such alteration, revi- -4- sion, modification, deletion or addition of limitations or condi- tions shall be effective, however, until notice in writing thereof shall have been served upon the Pe~mtttee in the manner provided by Section 5503 of this Code. SECTION 5509. 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 5510. Term of Permits. A permit for the disposal of industrial waste shall be valid untll suspended or revoked in the manner provided in this Chapter. SECTION 5511. Transfer of Pe~mtts. The Director may transfer a permit to the successor in interest of a Permittee upon the filing by the successor in interest of a wrritten application therefor, together with such evidence of trans- fer 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 transfer of a permit of the action taken. SECTION 5512. Request for Hearing. A person who is dissatisfied with an action of the Director may request a hearing before the Board of Supervisors as provided in Part 4 hereof. Part 3. Notice of Violation, Suspension and Revocation of Permits. SECTION 5513. Enforcement. The Director shall enforce this Chapter and shall, upon his own initiative, or may upon the complaint of a third person, in- vestigate any violation of this Chapter, or of any permit issued hereunder. For such purpose, he shall have the powers of a ~eace Officer. SECTION ~1~. Tests and Inspections. For the purpose of securing compliance with this Chapter, the Director shall make periodic tests of smuples of industrial waste obtained from the place or places of discharge or deposit, and such other tests deemed necessary for proper ad~intstratlon 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 hou~s to ente~ ~y p~emises e~ place ~he~e indus- t~tal ~aste is being o~ is p~oposed to be discharged o~ deposited, o~ ~he~e the~e may be a vfolatfon of ~Is Chapter. SECTION ~1~. Cooperation by 0the~ Departments. In ca~Pyf~ out t~e duties ~posed upon h~, the Directo~ ~y ~equest and ~ecetve the afd of ~y other Cfty o~ Cowry Depart~nt. SECTION ~16. Notice of Violation. ~eneve~ the Di~ecto~ finds ~at ~y ps,son is acting in viola- tion of any pPoviston of this Chapte~ o~ of ~y pe~t issued here- ~der, he shall serve upon the pePson causl~ oP suffe~in6 such violation to be co~itted, includin~ the Pe~ittee, ~f a has been issued, a notice of v~olation. ~e not,ce shall state the act o~ acts constituting the violation and shall d~ect that the violation be co~Pected within such t~e to be specified In the notice, as the DfvectoP may deem veasonable. SECTION ~17. Cessation of Activities. ~eneve~ the Dimecto~ finds that the continued violation of any p~ovis~on of th~s ~aptev oP of the conditions of any permit issued here~der is so aggmavated that the pmeventlon of pollution of ~de~g~o~d or surface waters vequires the t~ed~ate cessation of the activities causi~ the violation, he may so d~vect in the notice of v~olatlon. A pePson who has been so notified ~all diately cease all such activities and shall not ves~e them until the Directo~ dete~ines that all of the violations charged in the notice have been corrected. -6- SECTION 5518. 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 aggravated as to require 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. SECTION 5519. Revocation of Permits. The Board of Bupervisors may, after notice and hearing as here- inafter provided, revoke a permit on any one or more of the follow- ing 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 provision of this Chapter, of a condition or limitation of a permit, or of any lawful order of the Director. SECTION 5520. 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, a written reco~endation 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 re- voke, setting forth the grounds therefor and designating a time and place for hearing thereon. SECTION 5521. Request for HeariD~. A person who is dissatisfied with an action of the Director -7- may request a hearing before the Board of Supervisors. Part 4. Hearing by the Board of Supervisors SECTION 5522. 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 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 b"hapter 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 ac- tion complained of, serve upon the Director a copy of and file wi~i~ 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 sh~ll constitute a waiver of anyobJection to the action of the Director and his action shall be final. SECTION 5523. 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 re- questing 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. SECTION 5524. 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 5525. Decision. The Board of Supervisors shall, within thirty days after the 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 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 5519. (g) Make such other disposition of the matter heard as may be appropriate and in conformity with this Chapter." SECTION 2. The Clerk of the Council shall certify to the pas- sage of this Ordinance and shall cause the same to be published within 15 days after its adoption in one issue of the Santa Aha Independent. This Ordinance shall take effect 30 days from and after the date of its final adoption. PAS~ED AND ADOPTED by the City Council of the City of ~anta Aha at its regular meeting held on the 1955. ATTEST: CLERK OF THE COUNCIL 21st day of November STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, ERMA KEELER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the fore- going Ordinance was regularly introduced at the regular meeting of said Council held on the ?th day of November , 1955, and was again considered by said Council at its regular meeting held on the 21st day of November , 1955, and was at said meeting regularly passed and adopted by said Council by the followDng vote, to-wit: AYES, NOES, ABSENT, COUNCILMEN: Dale H. Heinly, j. Ogden Markel, William Jerome, Milford W. Dahl, Courtney R. Chandler COUNCII2~EN: None COUNCILMEN: None CLERK OF THE COUNCIL