Loading...
HomeMy WebLinkAbout1967-02-07; City Council; 7035; Industrial waste discharge control & regulatione ORDINANCE NO, 7035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD RELATING TO THE CONTROL AND THE REGULATION OF THE DISCHARGE OF IN- DUSTRIAL WASTE The City Council of the City of Carlsbad does ordain as fo 1 lows : ARTICLE I GENERAL PROVISIONS Section 1. This Ordinance shall be known and may be cited as the Industrial Waste Discharge Ordinance. Section 2, PROVISIONS NOT AFFECTED BY HEADINGS. Art- icle and section headings contained herein shall not be deemed to govern, limit or modify, or in any manner affect the scope, meaning or intent of any section hereof. Section 3. TENSES. The present tense includes the past and future tenses: and the future, the present. Section 4. MASCULINE GENDER, The masculine gender inc- ludes the feminine and neuter. Section 5. NUMBER. The singular number includes the plural, and the plural includes the singular. Section 6. "SHALL" and "MAY", "Shall" is mandatory and "May" is permissive. ARTICLE I1 DEFINITIONS Section 7, SIGNIFICATION OF WORDS, Whenever in this ordinance the following terms are used, they shall have the meaning respectively ascribed to them in this article, Section 8. "DEPARTMENT" means the Engineering Department of the City of Carlsbad. Section 9. "ENGINEER" means the City Engineer of the City of Carlsbad. -1- Section 10, "OPERATOR" shall mean the County of San Diego, state of California. Section 11. "DISTRICT" means the City of Carlsbad, unless 1 otherwise identified, Section 12. "PERSON" shall mean any person, firm, company, as socia tion, corporation, political subdivi sion, municipal corp- oration, district, the State of California, the United States of American or any department or agency of any thereof. Section 13. "PREMISE" shall mean any lot, piece or parcel of land, building or establishment. Section 14. "SEWER SYSTEH" shall mean all construction and appurtenant equipment utilized in the collection, transportation, pumping, treatment and final disposal of sewage within the Dis- trict. Section 15. "JOINT SEWER SYSTEM" shall mean the sewer sys- tem constructed jointly by the Vista Sanitation District, City of Carlsbad and the Buena Sanitation District pursuant to that certain contsact entitled "Basic Agreement Between Vista Sanita- tion District and the City of Carlsbad for the Acquisition and Construction of a Joint Sewer System" (County Contract No, 1858- 21293) and all amendments and supplements thereto and as said sewer system is specifically delineated on that certain map entitled "Map of Joint Sewer System-City of Carlsbad, Vista Sani- tation District and Buena Sanitation District" on file in the office of the Clerk of the Board of Supervisors of the Buena Sanitation District as Document No. Section 16, "INDUSTRIAL WASTE" shall mean solid, liquid or gaseous substances discharged or flowing from an industrial, manu= facturing or commercial premise resulting from manufacturing, pro- -2- J cessing, treating, recovery or development of natural or aktificial resources of whatever nature. ARTICLE I11 LIMITATIONS ON USE OF DISTRICT SEWERAGE SYSTEM Section 17 . DISCHARGE OF INDUSTRIAL WASTE: PERMIT REQUIRED, No person shall connect to or otherwise discharge, or cause to be discharged into the sewer system of the District, or the joint sewer system, any industrial waste unless said person has there- tofore filed with the Engineering Department, City of Carlsbad, an application for an industrial waste discharge permit and the Engineer has issued such a permit: provided, however, no such per- mit shall be required of any person who has heretofore connected to the sewer system and is discharging industrial waste into said system unless the Engineer determines that such discharge does not meet the industrial waste discharge standards established by this ordinance or the rules or regulations adopted as herein provided, in which case a permit shall be required. Section 18. PERMITS: ISSUANCE. No permit shall be issued to any person to discharge industrial waste into the sewer system of the District or the joint sewer system if such discharge will be a hazard or danger to the health of safety of any person or to the property of any person or if such discharge will result in a danger to the capacity, construction, use, or proper performance on utiliz- ation of the sewer system or joint sewer system or be otherwise detri- mental or injurious to such systems or either of them, and unless the applicant has complied with all state, federal and local laws and with all the provisions of this ordinance and wiab all the applicable rules and regulations adopted as provided for herein. Section 19. ESTABLISHMENT OF RULES AND REGULATIONS. The Engineer is hereby authorized and empowered to adopt such rules -3- and regulations as may be deemed reasonably necessary to protect the sewer system and the joint sewer system, to control and regu- late the proper use thereof and to provide for the issuance of permits; provided, however, that the terms and provisions of such rules and regulations shall be pkomulgated in a manner best direc- ted to result in the uniform control and use of the joint sewer system by the parties to the basic agreement referred to in Section 15 or any amendments or supplements thereto, and provided further that such rules and regulations shall not become effective until approved by the City Council of the City of Carlsbad, and a copy of such rules and regulations is filed with the City Clerk of the City of Carlsbad. Section 20. REVOCATION OR SUSPENSION OF PERMIT. Any permit issued in accordance with the provisions of this ordinance shall be valid until revoked or suspended as provided for in this ordi- nance and by the rules and regulations adopted as herein provided. Section 21. ENTRY UPON PRIVATE PROPERTY TO ENFORCE PROVI- SIONS. The Engineer and the Operator and their duly authorized agents and employees are authorized and shall be permitted to enter upon all properties at all reasonable times for the purpose of ins- pection, observation, measurement, sampling, testing or other reasons to assure the enforcement and proper application of U.3. the provisions of this ordiaance and the rules and regulations adopted by the Engineer as herein provided. ARTICLE N VIOLATIONS : REVOCATION OR SUSPENSION OF PERMITS Section 22. REVOCATION OR SUSPENSION OF PERMITS: DISCONNEC- TION OF FACILITIES. The Engineer may revoke or suspend the permit issued to any person in the event of a violation by the permittee -4- of any provision of any applicable state, federal or local law or this ordinance or of any of the rules and regulations adopted in the manner provided for herein. The Engineer may disconnect from the public sewer any connection sewer, main line sewer, or other facility which is constructed, connected, or used without a permit, or constructed, connected or used contrary to any of the provisions of any applicable state, federal or local law or this ordinance or the rules and regulations adopted as provided for herein. When a permi$ehas been disconnected, it shall not be reconnected until the violation for which it was disconnected has ceased or been remedied and a reasonable charge for such disconnection and reconnection, as established by the Engineer, has been paid. Section 23, NOTICE, The Engineer shall give not less than five day's notice of intention to disconnect the premise or to sus- pend or revoke a permit, stating the reasons therefore, and may grant a reasonable time for elimination of the violation; provided, however, that if the Engineer determines that the danger is immkri- ent, and such action is necessary for the immediate protection of the health, safety or welfare of persons or property, or for the protection of the sewer system or the joint sewer system any pre- mise may be disconnected and service terminated concurrently with the giving of such notice, Notice shall be given to the occupant of the premise, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the County of San Diego by United States mail, registered or certified, return re- ce@t requested, postage prepaid, or by posting such notice on the premise. Section 24. VIOLATION A MISDEMEANOR: PENALTY. Violation of any provision, or the failure to comply with any of the requirements of this ordinance or of any rules or regulations adopted as herein -5- e 0 provided shall constitute a misdemeanor, sucn violation or such failure shall be punishable by a fine of not more than $500,00 or by imprisonment in the County jail for a period of not more than six months, or by both such fine and im- prisonment* Any person convicted of Section 25, VIOLATION; RESPONSIBILITY FOR LOSS OR DAMAGE, Any person violating any provision of this ordinance or any rule or regulation adopted as herein provided shall be liable for all damage to the sewer system or joint sewer system incurred as a result of such violation and for any increase in the cost of maint- enance or repair resulting from such violation, Section 26, ENGINEER TO ENFORCE ORDINANCE, The Engineer is charged with the duty of enforcing the provisions of this ordinance and the rules and regulations adopted as herein provided, Section 27, SEVERABILITY OF PROVISIONS, If any section, sub-section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitu- tionality of the remaining portion of this ordinance; it being hereby expressly declared that this ordinance, and each section, sub-section, sentence, clause and phrase hereof, would have been preparad, proposed, adopted, approved and ratified irrespective of tne fact that any one or more other sections, sub-sections, sentences, clauses or phrases be declared invalid or unconstitutional, Section 28, EFFECTIVE DATE. This ordinance shall take effect and be in force on the thirty-first day from and after its adoption. Section 29, PUBLICATION, The City Clerk of the City of Carlsbad is hereby directed to cause this ordinance to be published once in the Carlsbad Journal, a newspaper published and of general circulation in said City of Carlsbad, First read at a regular meeting of the City Council of the -6- City of Carlsbad held on the 17th day of January, 1967 , 1966, and finally passed, approved and adopted at a regular meeting held on the 7th day of February , 1966, by tne following vote, to wit: AYES: Councilmen Worthing, Neiswender, Atkinson, Dunne and Jardine. NOES: None ABSENT: None of the City of Carlsbad, Car Ls bad, California ATTEST :