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CITY OF SAN BERIC4RDINO - REQUEST R>>R COUNCIL ACTION
From:
Cheryl' Flowers
Assistant General Manager
Water Department
September 21, 1992
Subject:
Ordinance amending Chapter 13.32
of the Municipal Code to repeal
certain sections and to amend the
maximum fines allowable for
violations.
Dept:
Date:
Synopsis of Previous Council action:
None
Recommended motion:
That further reading of the ordinance be waived and it be laid over
for final adoption.
~/~A _
Signature
Contact person:
Cherv1 Flowers
Phone:
5393
Supporting data attsched:
Ward:
FUNDING REOUIREMENTS:
Amount: None
Source: (Acct. No,)
(Acct. DescriPtion)
Financs:
Council Notes:
75-0262
Agenda Item No,
c2~
CITY OF SAN BERNOIDINO - REQUEST P:M COUNCIL ACTION
STAFF REPORT
On June 1, 1992, the Mayor and Common Council approved Ordinance
No.MC-835 to amend Chapter 13.32 - Wastewater Facilities of the San
Bernardino Municipal Code to incorporate new wastewater discharge
standards, make technical corrections, and revise penalties for
violations of discharge standards.
Concurrent with the adoption of that Ordinance, which restated
Chapter 13.32 as revised in its entirety, should have been action
to repeal three sections of the Chapter that were no longer
applicable nor included in the Ordinance. Sections 13.32.190
Charges - Excess Strength Surcharge; 13.32.240 -Brine Waste; and
13.32.270 - Interpretation of Revisions were not included in the
revised Chapter, presented as Ordinance MC-835 and should therefore
be repealed. These sections are no longer applicable as a result
of 1) changes in discharge requirements, 2) the elimination of the
brine ponds, and 3) more specific language requirements of the u.S.
Environmental Protection Agency.
A second amendment of Chapter 13.32 is proposed to address the 1992
approval of legislation (SB1024) that amends the Government Code.
SB1024 provides that any local agency (including any City)
authorized to operate a sewer system may require pretreatment of
industrial waste and increases the potential liability for
violation of pretreatment standards from a maximum of $6,000 per
day to a maximum of $25,000 per day. The legislation adds new
provisions setting up an administrative hearing process which the
agency can administer itself. Under these provisions the agency
can impose administrative fines of up to $2,000 per day for failing
to provide technical or monitoring reports, $3,000 per day for
failing to meet an agency-imposed compliance schedule, $5,000 per
day for discharges in excess of waste discharge limitations imposed
on the discharger, and $10 per gallon for discharges in violation
of any cease and desist or suspension order issued by the agency.
These penalties once imposed become a lien on the property of the
discharger. The statute provides for administrative appeals
conducted by a hearing officer retained by the agency board with an
ultimate appeal to the Superior Court. Government Code 54740 was
amended to incorporate this legislation. Since these fine maximums
may change again in the near future, staff recommends that the
language in the San Bernardino Municipal Code section 13.32.320,
Paragraph A be amended from daily fines of $1,000 per violation to
the maximum allowable by section 54740 of the Government Code.
On September 15, 1992, the city of San Bernardino Board of Water
Commissioners approved these proposed amendments for recommended
adoption by the Mayor and Common Council.
75-0264
o
o
1
ORDINANCE NO.
2
3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 13.32
OF THE MUNICIPAL CODE ENTITLED WASTEWATER FACILITIES, TO REPEAL
4 CERTAIN SECTIONS AS OMITTED IN ORDINANCE NO. MC-835, AND TO REVISE
THE MAXIMUM FINES ALLOWABLE FOR VIOLATIONS OF DISCHARGE STANDARDS.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7
SECTION 1.
Chapter 13.32.190 Charges - Excess Strength
8 Surcharge; 13.32.240 Brine Wastes; and 13.32.270 Interpretation of
9 provisions are hereby repealed; and
10
SECTION 2.
Chapter 13.32.320, Subparagraph A is hereby
11 amended to read,
"Any industrial discharger, subject to
12 Pretreatment Standards, that violates discharge permit limitations
13 is subject to administrative hearing procedures and daily fines of
14 amounts up to the maximum allowable by Sections 54740, 54750.5 and
15 54750.6, of the Government Code. [40CFR 403.8 (VI)(A)]
16
SECTION 3.
Chapter 13.32.320, Subparagraph B is hereby
17 amended to read, "If any person discharges sewage, industrial
18 wastes or other wastes in the City's wastewater collection and
19 treatment system contrary to the provisions of this chapter,
20 federal or state pretreatment requirements, or other noncompliance
21 actions, the City Attorney or special counsel for the Board may
22 commence an action for appropriate legal, equitable and/or
23 injunctive relief in
24 / / / / /
25 / / / / /
26 / / / / /
27 / / / / /
28 / / / / /
any court of competent jurisdiction."
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o
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1 I HEREBY CERTIFY that the foregoing ordinance was duly adopted
2 by the Mayor and Common Council of the City of San Bernardino at
3 a regular meeting thereof, held on the
day of
4
, 1992, by the following vote, to wit:
5 Council Members:
AYES
~
ABSTAIN
ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
15
Rachel Clark, City Clerk
16 The foregoing ordinance is hereby approved this
day of
, 1992.
w. R. Holcomb, Mayor
city of San Bernardino
Approved as to form
and legal content:
~c&' )
Jam s F. Penm , c~ty Attorney
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