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COUNCIL ACTION CORRESPONDENCE
To Bernard C. Kersey, Ex-Officio Secretary Subject Amendment to Section 13.32 of
Board. of Water Commissioners the Municipal Code
Date November 18, 1986
Meeting Date' November 17, 1986 Agenda Item No. 40 (6)
Action
The proposed ordinance of the City of San Bernard~no amending Chapter 13.32 of the
San Bernardino Municipal Code to bring the City in compliance with Federal require-
ments, was continued to December 8, 1986.
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cc: Mayor Wilcox .~A//
Councilman Jack Strickler, Chairman .SHAUNA CLARK
Legislative Review Committee City Clerk
City Attorney
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LEGISL1 VE REVIEI' co. rTTEE
November 1:, 1986
ATTENDEES: Councilman Jack Stricl;~e: - Chairmanj Councilman
Gordon Quiel, Councilman JacK ks~:lYj Assistant City At-
torney - Bill Sabourinj Actin~ :~ty Administrator Ray
Schweitzerj Public Works Directc: - Roger Hardgravej Police
. Chief - Donald Burnettj police Ca~~ain - Mike Lewisj Police
Dept. Records Manager - Gail ~~n6~eYj Fire Chief - Gerald
Newcombej Public Services Direc~o: - Manuel Morenoj Water
Dept. Manager - Herb Wesselj Wa~e: Dept. Director - Berney
Kersey; Finance Director - Warre: Knudson; Assistant to City
Administrator - Susan Chow; Mayor'~ Administrative Assis~ant
Richard Benneckej Council ~xecutive Assistant Phil
Arvizo; Principal Planner - Dave Rn6erson; Senior Planner
Ron Running; Stubblefield Enterprises Arnold and John
Stubblefield; Wests ide Horne Owner~' Assoc. - David Lechuga;
Colton School District - Danny Carrasco; Consultant - Carol
Hatch; American Heart Assoc. - Elizabeth Buser; American Lung
Assoc. Patrick Kudell; S.B. County Public Health Dept.
George Pettersen and Burton Wilcke; 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- 1
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. ....
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CIT. ~ OF SAN BERNARDI~ - REQUf'~T FOR COUNCIL AC"'ON
From: Bernard C. Kersey, Ex-officio 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
Recommended 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
Hunicipal 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: Yes
Ward:
All
FUNDING REOUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda Item No 4D (
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CIT"-... OF SAN BERNARDI~) - REQUE /T FOR COUNCIL AC1 ':>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.
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
13.32 OF THE SAN BERNARDINO MUNICIPAL CODE TO BRING THE CITY
3 IN COMPLIANCE WITH FEDERAL REQUIREMENTS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 13.32.050 Subsection A of the San
7 Bernardino Municipal Code is amended by adding Paragraph 20
8 to read as follows:
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"20. 'Pass through' means the discharge of pollutants
through the wastewater treatment facilities into navrqat~
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waters in quantities or concentration which are a Cays. of,
12 or significantly contribute to, a violation of any
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13 requirement of the treatment works National Pollution
14 Discharge Elimination System permit."
15 SECTION 2. Section 13.32.080 Subsection J of the San
16 Bernardino Municipal Code is amended to read as follows:
17 "J. Any pollutant which causes or may cause corrosive
18 structural damage to the wastewater facilities, but in no
19 case discharges with pH lower than 5.0 nor greater than 9.0;"
20 SECTION 3. Section 13.32.080 Subsection N of the San
21 Bernardino Municipal Code is amended to read as follows:
22 "N. Any substance or material which causes or which may
23 cause chemical imbalance in the wastewater treatment
24 procedures, processes or reactions, or which adversely
25 affects, changes or disrupts any operation or function of the
26 public sewer and/or wastewater treatment facilities by any
27 means. Pollutants introduced into the wastewater treatment
28 facilities by a non-domestic source shall not pass through
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the wastewater treatment facilities or interfere with the
operation or performance of the works."
SECTION 4. Section 13.32.090 of the San Bernardino
Municipal Code is amended to read as follows:
"13.32.090 Limits of maximum increments of individual
discharges.
No individual discharge of wastewater shall be
discharged to a public sewer if the maximum increments of the
constituents over those in the water supply exceed the
following limits.
Constituent
',,"" ~
. Concentration (mgjl)
Total Dissolved Solids
Sodium
Chloride
Sulfate
Boron
Fluoride
Total Hardness
300
90
90
60
1.0
1.5
100"
SECTION 5. Section 13.32.120 Subsection C Part (4) of
the San Bernardino Municipal Code is amended to read as
follows:
"(4) baseline monitoring information, self-monitoring
reports and compliance schedule reporting information, if
required, shall be forwarded to the Director prior to
issuance of a permit."
SECTION 6. Section 13.32.120 Subsection C Part (5) of
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the San Bernardino Municipal Code is amended to read as
follows:
n(5) in the event that installation of pretreatment
equipment or compliance schedules are established prior to
the issuance of a permit, the applicant shall provide a
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compliance summary or report for approval, maintain periodic
. compliance reports and a final compliance report prior to
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permit approval and issuance."
SECTION 7. section 13.32.130 Subsection E of the San
Bernardino Municipal Code is amended to read as follows:
"E. The Director shall inspect the facilities of any
user to ascertain whether the purpose of this chapter is
being met and all requirements are being complied with.
Persons or occupants of premises where wastewater ia ~~.d
or discharged shall allow the Director ready accesa .at.It. ..
reasonable times to all parts of the premises for the purpose
of inspection, sampling or records examination. Copies of
all records pertaining to process plant or wastewater
producing operations shall be made available to the Director.
In the event of a propriotory process or operation, the
records will be treated as confidential in accordance with
the established confidentiality procedures at the treatment
works. The Director shall have the right to set up on the
user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force
which would require proper identification and clearance
before entry into the premises, the user shall make all
necessary arrangements with its security guards so that upon
presentation of suitable identification, personnel from the
City will be permitted to enter, without delay, for the
purposes of performing their specific responsibilities."
SECTION 8. section 13.32.210 of the San Bernardino
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Municipal Code is amended to read as follows:
"13.32.210 Charges - Industrial wastewater discharge
permit.
All industrial wastewater discharges shall be required
to pay either on industrial wastewater discharge permit fee
and monitoring fees, or a nondomestic wastewater discharge
inspection fee. The amount of these fees shall be
established by resolution of the Board."
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SECTION 9. section 13.32.320 Subsection A of the San
Bernardino Municipal Code is amended to read as follows:
"A. Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction, which
upon conviction thereof is punishable by a fine not exceeding
one hundred dollars for a first violation; a fine not
exceeding two hundred dollars for a second violation thereof
within one year; and a fine not ~xc~eding five hundred
dollars for each additional violation thereof within one
year. Upon conviction of a fourth violation thereof within
one year, the violator is guilty of a misdemeanor, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 Subsection A of this code."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1986, by the following vote, to
wit:
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AYES:
NAYS:
ABSENT:
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Council Members
city Clerk
The foregoing ordinance is hereby approved this
, 1986.
day of
Mayor of the city of San Bernardino
Approved as to form:
city Attorney
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