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HomeMy WebLinkAbout32-Water Department COUNCIL ACTION CORRESPONDENCE To Bernard C. Kersey, Ex-Officio Secretary Subject Amendments to Section 9.90 and Board of Water Commissioners Chapter 13.32 of the San Bernar- Date November 18, 1986 dino Municipal Code Meeting Date November 17, 1986 Agenda Item No. 40 (6) Action The proposed ordinance of the City of San Bernardino amending Section 9.90.010 of the San Bernardino Municipal Code to authorize the Director of Water Reclamation, Environmental Control Officer and Environmental Control Technicians to issue notices to appear for violations of Chapter 13.32 of the San Bernardino Municipal Code, ,~as continued to December 8, 1986. SC:dc cc: Mayor Wilcox ~M- Councilman Jack Strickler, Chairman /SHAUNA CLARK Legislative Review Committee City Clerk City Attorney J:2, ...... '-" LEGISLATIVE REVIEW COMMITTEE November 13, 1986 ATTENDEES: Councilman Jack Strickler - Chairmanl Councilman Gordon Quiel, Councilman Jack ReillYI Assistant City At- torney - Bill Sabourinl Acting City Administrator Ray Schweitzer I Public Works Director - Roger Hardgravel Police Chief - Donald Burnettl Police Captain - Mike Lewisl Police Dept. Records Manager - Gail LindseYI Fire Chief - Gerald Newcornbel Public Services Director - Manuel Morenol Water Dept. Manager - Herb Wessell Water Dept. Director - Berney KerseYI Finance Director - Warren Knudsonl Assistant to City Administrator - Susan ChOWI Mayor's Administrative Assistant Richard Benneckel Council Executive Assistant Phil Arvizol Principal Planner - Dave Andersonl Senior Planner Ron Runningl Stubblefield Enterprises Arnold and John Stubblefield I Wests ide Home OWners' Assoc. - David Lechugal Colton School District - Danny Carrascol Consultant - Carol Hatchl American Heart Assoc. - Elizabeth Buserl American Lung Assoc. Patrick Kudell1 S.B. County Public Health Dept. George Pettersen and Burton Wilckel Equity Expansion Inc. - Murray Guy 1. SPACE PLAN - Item continued. Staff to provide a comprehensive, coordinated plan indicating financing alterna- tives/sources and schedule. 2. COLTON SCHOOL IMPACTION FEES - The Committee recom- mended approval of fees as formerly presented. 3. CONDITION WAIVER - JOHN DAY, PARCEL MAP 9939 - Item continued. City Engineer to contact other cities regarding small scale undergrounding. A recommended code is to be pur- sued and brought back to Committee. 4. RESOLUTION AUTHORIZING CITY PERSONNEL ACCESS TO CRIMINAL INFORMATION HISTORY - Item continued. City Adminis- trator, City Attorney and Police Chief are to explore classes affected, costs, legality, meet and confer issue, source of funding and establishment of a review committee and return to Committee. 5. ORDINANCE TO ELIMINATE THE REQUIREMENT THAT CHIEF OF POLICE APPROVE THE EMPLOYMENT OF SPECIAL OFFICERS - The Com- mittee recommended approval. The ordinance amendment is at- tached. 6. ORDINANCES TO AUTHORIZE DIRECTOR OF WATER RECLAMA- TION, ENVIRONMENTAL CONTROL TECHNICIANS TO ISSUE NOTICES TO APPEAR FOR VIOLATIONS OF MC CHAPTER 13.32 The Committee recommended approval of items A 'B. Ordinances attached. . CIl:. OF SAN BERNARDI"-~ - REQUE T FOR COUNCIL ACT l)N From: Bernard C. Kersey, Ex-{)fficio Secretary Subject: Amendments to Sections 9.90 and Chapter 13.32 of the San Bernardino Municipal Code Dept: Board of Water Commissioners Date: October 30, 1986 Synopsis of Previous Council action: None Recommen-:led motion: 1. Adopt Ordinance amending Chapter 13.32 of the San Bernardino Municipal Code to bring the City in compliance with Federal requirements. 2. Adopt Ordinance amending Section 9.90.010 of the San Bernardino Municipal Code to authorize the Director of Water Reclamation, Environmental Control Officer and Environmental Control Technicians to issue Notices to Appear for violations of Chapter 13.32 of the San Bernardino Municipal Code. Signatu e Contact person: _~_ Bernard C. Kersey Phone: 383-5393 Supporting data attached: _~~___ Ward: All FUNDING REQUIREMENTS: Amount: None SOurce: N/A Finance: Cou nc i I Notes: 75-0262 Agenda Item No. .. CITV-OF SAN BERNARDINb-'- REQUES", FOR COUNCIL ACTIL.N STAFF REPORT Water Department staff have prepared amendments to Chapter 13.32 of the Municipal Code, which regulates Wastewater Facilities and Section 9.90.010 of the Municipal Code to authorize certain individuals to issue citations for violation of Chapter 13.32 of the Municipal Code. The amendments have been developed to meet requirements of the Environmental Protection Agency's (EPA) Pretreatment Program for Publicly Owned Treat- ment Works. The EPA recently completed an audit of our program and noted deficiencies within our existing ordinances. The amendments proposed for adoption will bring our program into compliance with Federal require- ments. The recommended amendments are as follows: Amend Chapter 9.9 of the Municipal Code to authorize the Director of Water Reclamation, Environmental Control Officer, and Environ- mental Control Technicians to arrest and issue citations for violations of Chapter 13.32 of the Municipal Code. Amend various sections of Chapter 13.32 to: 1) Define "pass through" discharge which is a discharge that passes through the treatment which cannot be treated. 2) Revise the lower limit of pH value from 6.0 to 5.0, 3) Add "pass through" pollutants as an unlawful discharge. 4) Revise the limits of maximum increments of individual discharge by removing the phrase "discharges exceeding fifty gallons". 5) Revise reporting requirements in Section 13.32.120 to call for more specific reporting requirements prior to issuance of a permit and to revise reporting requirements in the event pretreatment equipment or compliance schedules are required. 6) Revise Section 13.32.130 to provide that non-domestic dis- chargers shall provide copies of all records pertaining to process plant or wastewater producing operations to the Director of Water Reclamation when requested, and set forth the confidentiality of such records. 7) Revise Section 13.32.210 to authorize the Board Commissioners to establish industrial wastewater permit fee and monitoring fees. of Water discharge 8) Revise Section 13.32.320 to establish the fines for violating provisions of Chapter 13.32. The fines recommended are: First violation $300.00; second violation $400.00; and each additional violation within one year - $500.00. The proposed amendments were reviewed and approved the the Board of Water Commissioners at their regular meeting held October 21, 1986. 75.026" /0 }o N' ----_._-~,...~-_..- - - - 1 ORDINM~CE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO AUTHORIZE 3 THE DIRECTOR OF WATER RECLAMATION, ENVIRONMENTAL CONTROL OFFICER AND ENVIRONMENTAL CONTROL TECHNICIANS TO ISSUE NOTICES 4 TO APPEAR FOR VIOLATIONS OF CHAPTER 13.32 OF THE SAN BERNARDINO MUNICIPAL CODE. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 9.90.010 of the San Bernardino 8 Municipal Code is amended to read: 9 "9.90.010 Arrest - Citation. 10 A. Pursuant to Sections 836.5, 853.54, and 853.6'of the 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California Penal Code, the employees as listed in each sub- section herein are authorized and empowered to arrest and issue notices to appear for violations of the provisions of the San Bernardino Municipal Code as hereinafter set forth: 1. Security guard personnel, who shall be off duty or retired police officers or reserve police officers, employed by the Redevelopment Agency of the City of San Bernardino pursuant to an agreement between said Agency and the City, relating to a security guard program, are authorized and em- powered to arrest and issue notices to appear for violations of the provisions of Chapters 5.04, 8.15, 9.48, 9.49, 12.44, and Sections 9.12.030 and 10.16.210 for incidents arising in the Central City Mall and public areas in, adjacent to, or imme- diately surrounding said mall. 2. Police Assistants are authorized and empowered to arrest and issue notices to appear for violations of the provisions of this Code. 3. The Planning Director, Principal Planners, Senior /J.-JI!..ft -1- 1 Planners, Associate Planners, Assistant Planners and Planning 2 Aides are authorized and empowered to arrest and issue notices 3 to appear for violations of the provisions of Titles 18 and 19 4 of this Code and for violations of Chapters 8.15, 8.18, 8.21, 5 8.24, 8.27, 8.33, 8.36, 10.16, and 15.52 of this Code. 6 4. The Director of Water Reclamation, Environmental 7 Control Officer, and Environmental Control Technicians are 8 authorized and empowered to arrest and issue notices to appear 9 for violations of Chapter 13.32 of this code. 10 B. For any defense which is only an infraction, no such 11 public employee shall arrest a person unless the arrestee 12 refuses to present identification or refuses to sign a written 13 promise. n 14 I HEREBY CERTIFY that the foregoing ordinance was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at a meeting thereof, held on 17 the day of , 1986, by the following 18 vote, to wit: 19 20 21 22 23 24 25 26 27 28 IIII AYES: Council Members NAYS: ABSENT: City Clerk I I I I -2- Ii . ,1./. " ,( /. I - - -~--~-~~--~ ---, . ~ 1 2 3 4 5 6 7 The foregoing ordinance is hereby approved this day of , 1986. Mayor of the C~ty of San Bernard~no Approved as to form: 8 City Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ;,/ /1, r,...