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HomeMy WebLinkAboutOrd 17171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE No. 1717 ORDINANCE OF THE CITY OF BURLINGAME AMENDING FEES AND ESTABLISHING PENALTIES ASSOCIATED WITH THE INDUSTRIAL WASTE DISCHARGE PROGRAM FOR 2003-2004,2004-2005,and 2005-2006 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. The City Council has considered the proposed fees submittedby the Director of Public Works for the Industrial Waste Discharge Program and finds 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 scheduleoffeesandpenaltiesadoptedbythisordinancefor2003-2004sha11 be effective on and after September 1, 2003. The schedule of fees and penalties adopted by this ordinance for 2004-2005 shall be effective on and after September 1, 2004. The schedule of fees and penalties adopted by this ordinance for 2005-2006 shall be effective on and after September 1, 2005, and shall continue in effect until such time as they are amended by subsequent ordinance even though that may be beyond the year 2006. 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 September 1, 2006, and each September 1 thereafter to be the greater of either: a. The fee in effect immediately prior to that September 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 September 1, and the denominator of which is the Index published for June of the immediately previous 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 1 1 2 3'. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 D 24 25 26 27 28 U.S. Department of Labor, Bureau of Labor Statistics. Should the Index no longer be 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, Deputy 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 16' day of June, 2003, and adopted thereafter at a regular meeting of the City Council held on the 7" day of July, 2003, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILNIEMBERS: NONE S:\Ordinances\ord7717.ord.wpd XA City Clerk 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A INDUSTRIAL DISCHARGE PROGRAM FEES AND CIVIL PENALTIES ADOPTED ANNUAL DISCHARGE MONITORING FEES TYPE OF DISCHARGER' 2003-2004 FEE 2004-2005 FEE 2005-2006 FEE LIGHT $ 497.00 $ 509.00 $ 522.00 MODERATE $1,358.00 $1,392.00 $1,427.00 HEAVY/SN $1,901.00 $1,949.00 $1,998.00 NON-CONVENTIONAL2 $1,035.00 $1,061.00 $15089.00 GROUNDWATER Non -conventional fees plus $5.82 per 1000 gallons discharged Non -conventional fees plus $5.82 per 1000 gallons discharged Non -conventional fees plus $5.82 per 1000 gallons discharged APPLICATION PROCESSING FEE 2003-2004 FEE 2004-2005 FEE 2005-2006 FEE APPLICATION FEES 1 $135.00 $ 140.00 $ 145.00 ANALYTICAL FEES 'The Director of Public V✓orks determines the type of discharger under the City Sanitary Sewer Use Regulafions (Chapter 15.10) This fee covers two (2) samples, Additional samples will be charged in accordance with the Analytical Processing Fee Schedule below. 3This 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, pH, and Oil & Grease analyses. 2003-2004 FEE 2004-2005 FEE 2005-2006 FEE IN-HOUSE TESTING 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 V✓orks determines the type of discharger under the City Sanitary Sewer Use Regulafions (Chapter 15.10) This fee covers two (2) samples, Additional samples will be charged in accordance with the Analytical Processing Fee Schedule below. 3This 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, pH, and Oil & Grease analyses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 2004, BOD & TSS limits were violated, the total cost would be $160.00 + $125.00 = $285.00. If a 2nd violation was issued on February 1, 2004, for the same Violation Parameters, the cost would be $160.00 + $125.00 + $200.00 = $485.00. If a 3rd violation was issued on March 1, 2004, for the same Violation Parameters, the cost would be $160.00 + $125.00 + $400.00 = $685.00. Re -Sampling Costs Violation Parameter Re -Sampling Cost Biochemical Oxygen Demand (BOD) $160.00 Total Suspended Solids (TSS) $125.00 pH $ 50.00 Oil & Grease $180.00 Grease Trap.Interceptor Cleaning/Reporting $ 25.00 Other Varies as to actual cost Total Fees/Fine Computarion 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.