HomeMy WebLinkAboutOrd 17861
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ORDINANCE OF THE CITY OF BURLINGAME
AMENDING FEES AND ESTABLISHING PENALTIES ASSOCIATED WITH
THE INDUSTRIAL WASTE DISCHARGE PROGRAM FOR
2006-20079 2007-2008, and 2008-2009
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The City Council has considered the proposed fees submitted by the Director
of Public Works for the Industrial Waste Discharge Program and fmds that the fees represent a fair
estimation of the costs involved to the City and are properly apportioned among users in the
program, and further that the proposed penalties would continue to encourage compliance while
ensuring fairness.
Section 2. The fees and penalties provided in Exhibit A hereto are adopted for purposes
of implementing, monitoring, and enforcing the City Industrial Waste Discharge Program.
Section 3. The scheduleoffeesandpenaltiesadoptedbythisordinancefor2006-2007sha11
be effective on and after July 1, 2006. The schedule of fees and penalties adopted by this ordinance
for 2007-2008 shall be effective on and after July 1, 2007. The schedule of fees and penalties
adopted by this ordinance for 2008-2009 shall be effective on and after July 1, 2008, and shall
continue in effect until such time as they are amended by subsequent ordinance even though that
may be beyond the year 2009. However, should no amendment providing otherwise be adopted,
the then -current Annual Discharge Monitoring Fees and the Application Processing Fees shall be
automatically adjusted on July 1, 2009, and each July 1 thereafter to be the greater of either:
a. The fee in effect immediately prior to that July 1; or
b. The product obtained by multiplying the fee then in effect by a fraction, the
numerator of which is the Index as defined below, published for the month of June
immediately prior to that July 1, and the denominator of which is the Index
published for the immediately prior year.
"Index" means the Consumer Price Index -Urban Wage Earners and Clerical Workers (CPI -
W), All Items, for San Francisco -Oakland -San Jose, CA (1982-84=100) published by the
U.S. Department of Labor, Bureau of Labor Statistics. Should the Index no longer be
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published, the Director of Public Works shall select a comparable index that the Director
determines measures the increase and decrease in the cost of living in the San Francisco -
Oakland -San Jose area.
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 1 sc day of
May, 2006, and adopted thereafter at a regular meeting of the City Council held on the 15' day of
May, 2006, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
U:\F[LES\ORDINANC\SEWEFEEFVDUS WASTF.2006.PV✓D.wpd
'ity Clerk
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EXHIBIT A
INDUSTRIAL DISCHARGE PROGRAM FEES AND CIVIL PENALTIES
ADOPTED , 2006
ANNUAL DISCHARGE MONITORING FEES
TYPE OF DISCHARGER'
2006-2007 FEE
2007-2008 FEE
2008-2009 FEE
LIGHT
$ 571.00
$ 588.00
$ 606.00
MODERATE
$15565.00
$1,611.00
$1,660.00
HEAVY/SIU
$2,185.00
$2,251.00
$2,318.00
NON -CONVENTIONAL'
$15168.00
$1,203.00
$1,239.00
GROUNDWATER
Non -conventional
fees plus $6.58 per
1000 gallons
discharged
Non -conventional
fees plus $6.77
per 1000 gallons
discharged
Non -conventional
fees plus $6.98
per 1000 gallons
discharged
APPLICATION PROCESSING FEE
2006-2007 FEE 2007-2008 FEE 2008-2009 FEE
APPLICATION FEE' $ 150.00 $ 155.00 $ 160.00
ANALYTICAL FEES
The Director of Public Works determines the type of discharger under the City Sanitary Sewer Use Regulations
(Chapter 15.10)
'This fee covers two (2) samples, Additional samples will be charged in accordance with the Analytical Processing
Fee Schedule below.
'This fee is intended to recover the initial review, inspection, and research to permit a business in the city under the
industrial waste discharge requirements only.
4In-house lab testing consists of BOD, TSS, and pH.
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2006-2007 FEE
2007-2008 FEE
2008-2009 FEE
IN-HOUSE TESTING4
Charged at cost
Charged at cost
Charged at cost
CONTRACT LAB TESTING
Charged at cost
plus 15%
Charged at cost
plus 15%
Charged at cost
plus 15%
The Director of Public Works determines the type of discharger under the City Sanitary Sewer Use Regulations
(Chapter 15.10)
'This fee covers two (2) samples, Additional samples will be charged in accordance with the Analytical Processing
Fee Schedule below.
'This fee is intended to recover the initial review, inspection, and research to permit a business in the city under the
industrial waste discharge requirements only.
4In-house lab testing consists of BOD, TSS, and pH.
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VIOLATION CIVIL PENALTIES/COSTS
A fine is a penalty resulting from a sewer discharge permit violation. Fines are not issued for a
first time violation. The fee for the first violation is to recover the cost for re -sampling to
determine whether the discharge from a business has been brought into compliance. The fees
for the 2nd, 3rd, and subsequent violations are a combination of re -sampling costs and fines.
For example, if on January 1, 2007, BOD & TSS limits were violated, the total cost would be
$165.00 + $135.00 = $300.00. If a 2nd violation was issued on February 1, 2007, for the same
Violation Parameters, the cost would be $165.00 + $135.00 + $300.00 = $600.00. If a 3rd
violation was issued on March 1, 2007, for the same Violation Parameters, the cost would be
$165.00 + $135.00 + $600.00 = $900.00.
Re -Sampling Costs
Violation Parameter
Re -Sampling Cost
Biochemical Oxygen Demand (BOD)
$165.00
Total Suspended Solids (TSS)
$135.00
pH
$ 50.00
Oil & Grease
$185.00
Grease Trap Interceptor Cleaning/Reporting
$ 55.00
Other
Varies as to actual cost
Total Fees/Fine Computation
Pursuant to the Sanitary Sewer
ls` Violation
2"d Violation
3`d or More
Violation
One Parameter
See Re -Sampling
Re -sampling costs
Re -Sampling
costs
plus
Costs
plus $200.00
$400.00
Two Parameters
See Re -Sampling
Re -sampling costs
Re -sampling
costs
plus
Costs
plus $300.00
$600.00
Three Parameters
See Re -Sampling
Re -sampling costs
Re -sampling
costs
plus
Costs
plus $400.00
$800.00
Four Parameters
See Re -Sampling
Re -sampling costs
Re -sampling
costs
plus
Costs
plus $500.00
$1,000.00
Five Parameters
See Re -Sampling
Re -sampling costs
Re -sampling
costs
plus
Costs
plus $600.00
$1,200.00
Illicit Discharge
$250.00
$500.00
$1,000.00
Pursuant to the Sanitary Sewer
Use Regulations
(Chapter 15.10)
and Government Code Section
54740, the City may also seek a penalty of up to
$25,000 per
day for violations of industrial
waste requirements by petition
to the Superior Court.
J