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HomeMy WebLinkAboutOrd 15721 21 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. 1572 ORDINANCE OF THE CITY OF BURLINGAME AMENDING FEES AND ESTABLISHING PENALTIES ASSOCIATED WITH THE INDUSTRIAL WASTE DISCHARGE PROGRAM FOR 19974998, 199849991 AND 1999-2000 AND PROVIDING AN ADMINISTRATIVE REVIEW PROCESS FOR CIVIL PENALTIES The CITY COUNCIL of the CdTY 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 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. Anew Section 15.10.140 is added to the Burlingame Municipal Code as I follows: 15.10.140 Civil Penalties. (a) Pursuant to Government Code section 53069.4, the City may impose civil penalties on persons who violate the provisions of this chapter. (b) The process by which such civil penalties are determined and reviewed may be the same as and a part of the process by which a violation of the Sanitary Sewer Use Rules and Regulations is determined and reviewed under Section 5.0 as adopted by the Council by resolution from time to time. (c) If such a process is not applicable, any person may appeal the imposition of a civil penalty under this chapter by filing a notice of appeal with the city manager within fifteen (15) days of the notice of imposition of a civil penalty. The city manager will fix a time and place for hearing the appeal and give notice in writing to the appellant of the time and place of hearing by serving it personally or by depositing it in the United State mail, postage prepaid, addressed to such person at the address appearing on the notice of appeal. At the hearing on the appeal, the city manager shall IN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 26 27 28 receive testimony from the appellant and the city officers or employees recommending the penalties. The decision of the city manager shall be in writing, shall be served on the appellant in the same manner as prescribed for the notice of hearing, and shall be a final administrative decision. (d) Any civil penalties imposed under this chapter maybe collected in the same manner as other sanitary sewer charges and fees. The imposition of civil penalties shall not preclude in any way the imposition of additional requirements, charges, damages, or criminal sanctions that maybe required or imposed by the city or any other person. (e) Any person contesting a decision on a civil penaity shall be bound by the requirements of Govermnent Code section 53069(b). Section 4 The schedule of fees and penalties adopted by this ordinance for 1997-1998 shall be effective on and after September 1, 1997. The schedule of fees and penalties adopted by this ordinance for 1998-1999 shall be effective on and after September 1, 1998. The schedule of fees and penalties adopted by this ordinance for 1999-2000 shall be effective on and after September 1, 1999. Section 5. This ordinance shall be published as required bylaw. R I, NDITH A. MALFATTI, 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 21stday of JULY 1997, and adopted thereafter at a regular meeting of the City Council held on the 4thrlay of AUGUST , 1997, by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILME MEERS: NONE C:\WP51\PILES\ORDINANC\SEWERRA2. 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 . 1997 ANNUAL DISCHARGE MONITORING FEE5 TYPE OF DISCHARGER") 1997-1998 FEE 1998-1999 FEE 1999-2000 FEE LIGHT $ 250.00 $ 340.00 $ 430.00 MODERATE $ 870.00 $1,030.00 $1,180.00 HEAVY $1,270.00 $1,460.00 $11650.00 NON- CONVENTIONAL (2) $ 500.00 $ 700.00 $ 900.00 GROUNDWATER NON -CONVENTIONAL FEES PLUS $5.82 PER 1000 GALLONS DISCHARGED APPLICATION PROCESSING FEE ANALYTICAL FEES 1997-1998 FEE 1998-1999 FEE 1999-2000 FEE APPLICATION FEE (3) $ 65.00 $ 90.00 $ 115.00 ANALYTICAL FEES )The Director of Public Works determines the type of discharger under the City Sanitary Sewer Use Rules and Regulations. 2This fee covers two (2) samples. Additional samples will be charged in accordance with the Analytical Processing Fee Schedule. 3This fee is intended to recover the intitial 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. 3 1997-1998 FEE 1998-1999 FEE 1999-2000 FEE IN-HOUSE TESTING(4) CHARGED AT COST CONTRACT LAB TESTING CHARGED AT COST PLUS 15% )The Director of Public Works determines the type of discharger under the City Sanitary Sewer Use Rules and Regulations. 2This fee covers two (2) samples. Additional samples will be charged in accordance with the Analytical Processing Fee Schedule. 3This fee is intended to recover the intitial 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. 3 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 TYPE OF VIOLATION FIRST VIOLATIOM" SECOND VIOLATION161 TBIRD VIOLATIOW BOD $ 160.00 $ 320.00 $ 640.00 TSS $ 125.00 $ 250.00 $500.00 pH $ 125.00 $ 250.00 $ 500.00 OIL & GREASE $ 250.00 $ 500.00 $1,000.00 Pursuant to the Sanitary Sewer Use Rules and Regulations 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. SPenalty is intended fo recover cost of resampling and depu-finent 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.