HomeMy WebLinkAboutOrd 15721
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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
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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
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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.
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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.