HomeMy WebLinkAboutORD NO 4198ORDINANCE NO. zJ I 9 8
AN ORDINANCE AMENDING SUBSECTION
14.12.270(B) AND REPEALING SECTION
14.12.410 AND ADDING NEW SECTIONS
14.12.410 THROUGH 14.12.417 OF THE
BAKERSFIELD MUNICIPAL CODE
RELATING TO SEWER PERMITS AND
VIOLATIONS.
WHEREAS, the City of Bakersfield is enacting an enforcement response plan for
the City of Bakersfield's wastewater treatment system; and
WHEREAS, said enforcement response plan is required by federal law as
specified in 40 CFR 403.8(f)(5); and
WHEREAS, the City of Bakersfield will be faced with significant industrial
expansion in the future and must implement the enforcement response plan to control
industrial discharge violations and prevent damage to our wastewater treatment system
and the environment; and
WHEREAS, the Bakersfield Municipal Code is being amended to provide the
local ordinances necessary for the implementation of the Enforcement Response Plan.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsection B of Section 14.12.270 of the Bakersfield Municipal Code relating to
discharge permits is hereby amended to read as follows:
Section 14.12.270
DISCHARGE PERMIT - SUSPENSION - CONDITIONS
FOR REINSTATEMENT.
B. Any discharger notified of a suspension of his industrial wastewater permit
shall immediately cease and desist the discharge of all industrial wastewater to the
sewerage system. In the event of a failure of the discharger to comply voluntarily with
the suspension order, the City Engineer or wastewater manager shall take such steps
as set forth in this chapter to ensure compliance.
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ORIGINAL
SECTION 2.
Section 14.12.410 of the Bakersfield Municipal Code relating to violations and penalties
is hereby repealed.
SECTION 3.
Section 14,12.410 through Section 14.12.417 is hereby added to the Bakersfield
Municipal Code to read as follows:
Section 14.12.410
VIOLATION - PENALTY.
A. It shall be unlawful for any person to violate any provision of this chapter.
Unless otherwise specified in this chapter, any violation of the provisions herein shall
constitute a misdemeanor.
B. Any person who violates any provisions of this chapter shall be liable to
the City for all direct or indirect costs of administration, monitoring, sampling, response,
containment, and/or remediation incurred and shall also be liable to any person directly
or indirectly injured by such violation according to law. Any person who by violating the
provisions of this chapter causes in whole or in part the imposition of fines by the state,
federal or other regulatory agencies against the City, shall be liable for all damages and
fines imposed. The City may bring a civil action for damages before any court of
competent jurisdiction. The City and any other person injured as the result of violation
of any of the provisions of this chapter shall be entitled to an award of reasonable
attorney's fees.
C. Any person who violates any provisions of this chapter shall be liable to
the City for civil penalties, to be fixed by the City in consideration of the severity of the
violation and the harm caused thereby, in a sum not to exceed Ten Thousand Dollars
($10,000) per violation per day. Notice of the intended imposition of such civil penalties,
notice of a reasonable amount of time to correct the violation before any such penalties
are imposed, and notice of the opportunity to be heard before such penalties are
imposed shall be given in accordance with this chapter.
D. Any person convicted of a misdemeanor for violation of the provisions of
this chapter may be punished by:
1. A fine not to exceed Five Hundred Dollars ($500.00) and/or 30 days
imprisonment in the County jail for a first violation;
2. A fine not to exceed One Thousand Dollars ($1,000.00) and/or 90
days imprisonment in the County jail for a second violation;
3. A fine not to exceed Two Thousand Five Hundred Dollars ($2,500)
and/or six (6) months imprisonment in the County jail for each additional violation within
one (1) year.
E. Each day that a violation continues shall be regarded as a new and
separate offense punishable as provided in subsection D of this section.
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ORIGINAL
Section 14.12.411 Public Nuisance
A. In addition to any other remedy provided by law or by this chapter, any
violation of the provisions of this chapter, continued operation of any industrial facility in
violation of this chapter, or discharge of industrial wastes contrary to the requirements of
this chapter is determined and declared to be a public nuisance and may be abated by
the City, according to applicable State Law, or Chapter 8.80 of this Code, or both.
B. In addition to all other remedies available at law or equity, the City may
cause proceedings to be brought for the abatement of the occupancy of the industrial
facility during the period of such violation, and City may recover reasonable attorney's
fees, court costs and other expenses arising in such action.
Section 14.12.412 Notification of Violation
A. Any person found to be in violation of the provisions of this chapter, an
industrial wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or wastewater requirement of the City, State of California or
Federal Government, or is found to have improperly used or maintained sewers, shall
be served by the City Engineer with a written Notice of Violation stating the nature of the
violation and a reasonable time limit for the satisfactory correction thereof. The person
so served shall, within the period of time stated in such notice, permanently cease all
violations.
B. All persons shall be held responsible for any and all damages resulting
from the acts of their agents, officers or employees. Upon being notified by the City
Engineer of any violation of this chapter, the person or persons having responsible
charge of said work or facilities shall correct the same, within the stipulated time limit, at
such person's or persons' expense.
C. Nothing in this section shall limit the authority of the City Engineer to take
any action, including emergency actions, disconnection of sewer, or any other
enforcement action, without issuing a Notice of Violation; however, such Notice of
Violation shall be issued as soon as possible.
Section 14.12.413 Cease and Desist Orders
When the City Engineer or wastewater manager finds that a discharger has
violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or wastewater
requirement of the City, State of California, or Federal Government, or that the
discharger's past violations are likely to recur, the City Engineer or wastewater manager
may issue an order to the discharger directing the discharger to cease and desist all
such violations and directing the discharger to immediately comply with all requirements
and take such appropriate remedial or preventive actions as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
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ORIGINAL
Section 14.12.414 Injunction
Whenever a discharge of wastewater is in violation of the provisions of this
chapter or otherwise causes or threatens to cause interference or pass through to the
City's sewerage system, or whenever any person violates the conditions of an industrial
wastewater discharge permit and/or applicable pretreatment standards, the City may
petition any court of competent jurisdiction for the issuance of a Temporary Restraining
Order, preliminary or permanent injunction or any other remedy available at law or
equity, as may be appropriate, in restraining or preventing the continuance of such
discharge.
Section 14.12.415 Appeals
A. Any discharger, permit applicant, or permit holder affected by any
decision, action or determination by the City Engineer, interpreting or implementing the
provisions of this chapter, including, without limitation, the provisions of this chapter, or
any industrial wastewater discharge permit issued hereunder by the city, may file with
the city clerk, within ten (10) days of the date of service of such decision, action or
determination, a written notice of appeal to the city council appealing such decision,
action or determination by the City Engineer. The notice of appeal shall set forth in
detail all relevant facts supporting the industrial user's appeal of the decision of the City
Engineer. The filing of the notice of appeal shall stay further action required under any
notice of violation or cease and desist orders and accumulation of interest upon
penalties thereon, pending final decision by the city council on the appeal; provided,
however, that nothing stated herein shall limit the authority of the City Engineer to take
such action or to make such directives as the City Engineer deems necessary to stop or
prevent an ongoing or threatened violation of any of the provisions of this chapter
including, actions or directives to prevent or stop:
1. threatened damage to the POTW, the sewer or the waste water
treatment plant;
2. a pass through; or
3. threatened harm to the health or safety of the public. Such action
shall include, without limitation, continuing to physically block the industrial user's
access to the sewer until the appeal is heard and decided by the city council.
B. Upon an appeal brought to the city council by the written notice of appeal,
the city council shall set the matter for hearing and after said hearing may affirm,
overrule or modify the decision, action or determination of the City Engineer which is the
subject of the appeal. The city council shall have the further authority to condition any
penalties imposed or the corrective action required or to reduce or increase the
penalties imposed by the City Engineer. Failure of the industrial user to comply with the
city council's decision or to make arrangements for compliance satisfactory to the City
Engineer within ten (10) days of the date of the city council's decision shall result in the
termination of the industrial user's right to discharge into the sewer. If the industrial user
is discharging pursuant to an industrial wastewater discharge permit, such inaction shall
result in the termination of the industrial user's permit. The City Engineer shall
thereupon order physical termination of the service forthwith which service shall not be
resumed until the industrial user fully complies with the city council's decision.
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ORiGiNAL
C. Appeal decisions made by the City Council shall be final for all
administrative purposes and, except as to civil penalty imposed according to the
procedure provided by this Chapter, shall be subject to review under the provisions of
the Code of Civil Procedure Section 1085 (with respect to decisions not requiring an
evidentiary hearing) or Code of Civil Procedure Sections 1094.5 - 1094.6 (with respect
to decisions made after an evidentiary hearing). All judicial review shall be based on
abuse of legal discretion/substantial evidence standard.
SECTION 4.
This ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on AUG ! 8 2§04
by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNC{LMEMBER
COUNCILMEMBER
COUNCILMEMBER ~ ~'~-'~.~ ~-~
CITY CLERK and EX OFFI(~O of the
Council of the City of Bakersfield
APPROVED:
AUG I 8 2004
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
,..___~/ALAN"~,~OA~
Deputy City Attorney
ADD:dll
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 18th day of Au.qust, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4198 , passed by the
Bakersfield City Council at a meeting held on the 18th day of Au.qust, 2004 and
entitled:
AN ORDINANCE AMENDING SUBSECTON 14.12.270(B)
AND REPEALING SECTION 14.12.410 AND ADDING
NEW'SECTIONS 14.12.410 THROUGH 14.12.417 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO
SEWER PERMITS AND VIOLATIONS.
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
v DEPUTY City Clerk