Loading...
HomeMy WebLinkAboutOrd 16321' 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. 1632 ORDINANCE OF THE CITY OF BURLINGAME AMENDING FEES AND ESTABLISHING PENALTIES ASSOCIATED WITH THE INDUSTRIAL WASTE DISCHARGE PROGRAM FOR 2000-2001,2001-2002,and 2002-2003 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 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 Industria] Waste Discharge Program. Section 3. The schedule offees and penalties adopted by this ordinance for 2000-2001 shall be effective on and after September 1, 2000. The schedule offees and penalties adopted by this ordinance for 2001-2002 shall be effective on and after September 1, 2001. The schedule of fees and penalties adopted by this ordinance for 2002-2003 shall be effective on and after September 1, 2002, and shall continue in effect until such time as they are amended by subsequent ordinance even though that may be beyond the year 2002. 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, 2003, 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, 2000. "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' 23 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. l _ 1 I, ANN T. MUSSO, City Clerk ofthe City ofBurlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 19th day of June , 2000, and adopted thereafter at a regular meeting of the City Council held on the 5.thday Of July , 2000, by the following vote: AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMEERS: Deputy City Clerk C:\WP51\FILES\ORDINANC\SEVvTEFEE4.PWD.wpd 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 JULY 5 7 2000 ANNUAL DISCHARGE MONITORING FEES TYPE OF DISCHARGER' 2000-2001 FEE 2001-2002 FEE 2002-2003 FEE LIGHT $ 450.00 $ 465.00 $ 485.00 MODERATE $1,230.00 $1,275.00 $1,325.00 HEAVY $1,715.00 $1,785.00 $1,855.00 NON-CONVENTIONAL2 $ 935.00 $ 975.00 $1,010.00 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 2000-2001 FEE 2001-2002 FEE 2002-2003 FEE APPLICATION FEES 1 $ 120.00 $ 125.00 $ 130.00 ANALYTICAL FEES rThe Director of Public Works determines the type of discharger under the City Suutary Sewer Use Regulations (Chapter 15.10) ZThis fee covers two (2) sampels, 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. 7 2000-2001 FEE 2001-2002 FEE 2002-2003 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% rThe Director of Public Works determines the type of discharger under the City Suutary Sewer Use Regulations (Chapter 15.10) ZThis fee covers two (2) sampels, 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. 7 1 2 3 4 5 6 7 8 9 10 lil 12'' 13 14''. 15 16 17 18 19 20 21 22 23 24 25 26 27 VIOLATION CIVIL PENALTIES TYPE OF VIOLATION FIRST VIOLATIONS SECOND VIOLATION THIRD VIOLATION' BOD $ 160.00 $ 320.00 $ 640.00 TSS $ 125.00 $ 250.00 $ 500.00 pH $ 125.00 $ 250.00 $ 500.00 OIL & GREASE $ 175.00 $ 350.00 $ 700.00 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. SPenalry is intended to recover cost of resampling and department processing time. 6Penalty is intended to recover cost of resampling and processing plus penalty. 'Penalty is intended to recover cost of resampling and processing plus penalty. 0