Ordinance Number 717ORDINANCE NO. 717
AMENDMENT TO WASTE DISCHARGE PRETREATMENT AND
SOURCE CONTROL PROGRAM ORDINANCE - ADMINISTRATIVE/
CIVIL PENALTIES AND PERMIT FEES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING EXHIBIT "A' OF THE EXISTING
WASTE DISCHARGE PRETREATMENT AND SOURCE
CONTROL PROGRAM, ORDINANCE NO. 679, TO AUTHORIZE
THE IMPOSITION OF ADMINISTRATIVE AND/OR CIVIL
PENALTIES AND PERMIT PROCESSING FEES
WHEREAS, the City of San Juan Capistrano (City) is authorized by
Government Code Section 54739 to require the pretreatment of industrial waste which the
South East Regional Reclamation Authority has determined is necessary in order to meet
the standards established by Federal, State or other regulatory agencies in order to protect
its treatment works and its proper and efficient operation and the health and safety of its
employees or the environment; and,
WHEREAS, on December 4, 1990, the City adopted Ordinance No. 679,
Establishing Regulations for the Discharge of Wastewater to Facilities of the South East
Regional Reclamation Authority System" (The "Pretreatment Ordinance") in accordance
with State and Federal regulations; and,
WHEREAS, Government Code Section 54740 et sea. permits a local agency,
including the City, having previously adopted rules and regulations for the pretreatment of
industrial waste pursuant to Section 54739 to establish civil fines as specified for violations
of such rules and regulations, and to establish other specified administrative penalties; and,
WHEREAS, the City Council of the City of San Juan Capistrano has
determined at this time that it is in the best interests of the City to amend the Pretreatment
Ordinance in order to establish civil penalties as provided by law and to provide for
administrative procedures for the enforcement of such penalties in connection with
violations of the Pretreatment Ordinance; and,
WHEREAS, the City Council of the City of San Juan Capistrano further
determines that a fee for permit processing shall be established to help offset the cost of
administering the pretreatment permit issuance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Article 9, Section 915 C.a. of Exhibit "A" is hereby
amended to read as follows:
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C. Ordinance.
1. Pursuant to the authority of California Government Code Sections
54739-54740, any pgrmittee discharger or other person who violates
any provision of this Ordinance, any permit conditions, prohibition or
effluent limitation, or any order, compliance schedule, suspension or
revocation shall be liable civilly for a penalty not to exceed twen -five
thousand dollars ($25,000) for each day in which violations occur.
Pursuant to Sections 54739 and 54740 of the California Government
Code City upon order of the City_Manager shall petition the Superior
court to impose assess and recover such penalties or such other
penalties as City may impgse assess and recover under Federal and
State law. A violation of a weekly average is considered seven (7) days
of violation for that parameter and a violation of a monthly average is
based upon the number of days in that month. A violation of multiple
parameters caused by a single operational upset is considered one
violation.
SECTION 2. Article 9, Section 915 C.3. of Exhibit "A" is hereby added to the
Pretreatment Ordinance, the text of the section to read as follows:
3. Any permittee, discharger or person who violates any provision of the
Pretreatment Ordinance or any permit condition, prohibition or effluent
limitation or any order, compliance schedule, suspension or revocation shall
be civilly liable in the following amounts, as applicable, imposed by City
pursuant to an administrative complaint: a sum not to exceed two thousand
dollars ($2,000) a day for failing or refusing to furnish technical or monitoring
reports; a sum not to exceed three thousand ($3,000) a day for failing or
refusing to comply with any compliance schedule; a sum not to exceed five
thousand dollars ($5,000) a day for each violation for discharges in violation
of any waste discharge limitation, permit condition or other requirement
issued, reissued or adopted by City and a sum not to exceed ten dollars ($10)
per gallon for any discharge in violation of any suspension, cease and desist
order or other order or prohibition issued, reissued or adopted by City.
City may issue an administrative complaint to any person who violates any
provision of the Pretreatment Ordinance, any permit condition, prohibition or
effluent limitation or any order, compliance schedule, suspension or
revocation alleging the act or failure to act that constitutes the violation,
provisions of law authorizing civil liability to be imposed and the proposed
civil penalty. The administrative complaint shall be served by personal
delivery or certified mail on such person and shall inform the person that a
hearing shall be conducted before the City Manager within 60 days following
service. The person may waive the right to a hearing, in which case it shall
not be conducted.
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(1) At the hearing, the person shall have an opportunity to respond
to the allegations set forth in the administrative complaint by presenting
written or oral evidence. The hearing shall be conducted in accordance with
the procedures established by the City Manager and approved by the City
Council.
A person dissatisfied with the decision of the City Manager may appeal
to the Council within thirty (30) days of notice of the City Manager's decision.
If, after the hearing or appeal, if any, it is found that the person has
violated reporting or discharge requirements or other provisions of the
Pretreatment Ordinance, the City Manager or Council may assess a civil
penalty against that person.
In the determination of the amount of the civil penalty, all relevant
circumstances may be taken into consideration, including, but not limited to,
the extent of harm caused by the violation, the economic benefit derived
through any non-compliance, the nature and persistence of the violations, the
length of time over which the violation occurs and the corrective actions, if
any, attempted or taken by the person.
Payment of civil penalties shall be due within thirty (30) days of the
date of the order assessing the penalties becomes final. The amount of any
civil penalties which have remained delinquent for a period of sixty (60) days
from the date they are due shall constitute a lien against the real property of
the discharger from which the discharge, resulting in the imposition of the
penalty, originated. The lien shall have no force and effect until recorded
with the County Recorder and, when recorded, shall have the force and effect
and priority of a judgement lien and continue for ten (0) years and be
renewable in accordance with law.
Copies of the order shall be served by personal service or by registered
mail upon the party served with the administrative complaint and upon other
persons who appeared at the hearing and requested a copy of the order.
Any party aggrieved by a final order issued by the Council, after
granting review of the order of the City Manager, may obtain review of the
order of the Council in the Superior Court by filing a petition for writ of
mandate within thirty (30) days following service of a copy of the decision and
order issued by the Council.
Any party aggrieved by a final order issued by the City Manager, for
which the Council denies review, may obtain review of the order of the City
Manager in the Superior Court by filing in the court a petition for writ of
mandate within thirty (30) days following service of a copy of a decision and
order denying review by the Council.
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SECTION 3. Article 6, Section 618(A) of Exhibit "A" "Discharge Permit
Terms, Conditions and Limitations" of the Pretreatment Ordinance is amended to read as
follows:
passage.
An annual permit fee shall be established by Council Resolution and charged
for each permit issued by the City either for the annual renewal permit or
first-time permit application. The Director of Engineering and Building may,
if deemed appropriate, waive permit fees or increase fees if it is determined
that the permit application processing will exceed the normal processing costs.
Any applicant aggrieved by the decision of the Director of Engineering and
Building may appeal said decision in conformance to Sections 921 and 922 of
the Pretreatment Ordinance.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 5. Cijy Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published once
within fifteen (15) days after passage and adoption as required by law; or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption,
the City Clerk shall cause to be published the aforementioned summary and shall post a
certified copy of this Ordinance, together with the vote for and against the same, in the
Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 3rd day of
November , 1992.
GIL ONE , MAYOR
ATTEST:
CITY CLE
IM
STATE OF CALIFORNIA )
COUN'T'Y OF ORANGE ) ss
CITY OF SAN JUAN CAPWIRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 717 which was introduced at a meeting of the City Council of the
City of San Juan Capistrano, California, held on October 20. , 1992,
and adopted at a meeting held on November 3, 1992, by the following
vote:
AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) 19HVhRYL �JNI N, C�CLEI��-
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