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city Council Meeting 9-19-89
Santa Monica, California
STAFF REPORT
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TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
Sections 5400, 5403, 5404, 5423, and 5429 and
Adding Sections 5429A, 5432, 5433, 5434 and 5414A
to the Municipal Code to Clarify the Industrial
Wastewater Control Program and to Ensure its
Compliance with the Federal Clean Water Act
At its meeting on July 25, 1989, the city Council directed
the City Attorney to prepare an ordinance amend1ng the City's
Industrial Wastewater Control Program to clarify its provisions
and to bring it into compliance with the Federal Clean Water Act.
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In response to this direction, the accompanying ordinance has
been prepared and is presented to the city council for its
consideration.
The city of Santa Monica is required to comply with the
Federal Clean Water Act because of its contract with the city of
Los Angeles for sewage treatment and disposal services.
Santa
Monica City Ordinance Number 1373 (CCS), adopted on June 10,
1986, was reviewed by the Environmental Protection Agency during
its September 1988 industrial pretreatment program audit. The
ordinance was found, with a few exceptions, to adequately address
the legal requirements of the Federal Clean Water Act.
The accompanying ordinance brings Chapter 4 of Article V of
the Santa Monica Municipal Code (which codifies Ordinance Number
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1373 (CCS)) into compliance with the Federal Clean Water Act by
making the following revisions and/or additions:
1. The definition of "interference" contained in Municipal
Code section 5400, "Defintions,U has been amended to include the
Marine Protection, Research and Sanctuaries Act as an authority
to which dischargers are subject.
2. The heat limitation currently contained in Municipal
Code section 5404(a) has been removed from the table of specific
pollutant limitations and has been added instead to Section
5403(j). This change, recommended by the EPA, clarifies that the
140 degree heat limitation cited in Section 5404 (a) applies at
the point of entry of the discharge into the wastewater
collection system.
3. Municipal Code section 5423 has been revised to provide
that information only, not both information and discharge data as
is currently contained in this Section, shall be available to the
public except where there is a claim of confidentiality. Federal
regulations provide that discharge data must be excluded from
confidentiality.
4. Section 5432 has been added to the Municipal Code to
provide that any business violating this Chapter w1ll be civilly
liable to the City for up to $1,000 per day for each day the
violation occurs. This section also provides that if the
violation contributes to an emergency situation, the business
will also be liable for the full cost of the emergency response.
5 . section 5433 has been added to the Municipal Code
provide for injunctive relief. Under this Section, if the
Director finds that a business is engaged in, has engaged in, or
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is about to engage in a violation of the City's industrial
wastewater control regulatlons, a request may be made to the City
Attorney to apply to the Superior Court for an order enjoining
the acts constituting the violation.
6. section 5434 has been added to the Municipal Code to
conform to the provision of the Federal Clean Water Act requiring
cities to publish annually a list of significant violators of
industrial wastewater control regulations in the local newspaper.
In addition to the above changes, City staff review of the
City'S Industrial Wastewater Control Program unearthed several
ambiguities and unforeseen problem areas. By amending various
sections of the Municipal Code to address those deficiencies,
City staff would be better able to enforce the ordinance as
required by federal regulations. The following changes were made
to address City staff concerns:
1. Section 5404 has been amended to delete the reference
to "storm drain and waters of the State. II This is necessary
because the pollutant discharge limitations for sewer systems are
less stringent than the limitations for storm drain systems and
waters of the state.
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2. Section 5429A has been added to provide that
connection for non-permitted illegal dischargers may
disconnected, thus preventing illegal dischargers
discharging anything into the wastewater collection system.
3. Section 5414A has been added to establish requirements
for floor drains and curb connections. Businesses which utilize
the
be
from
floor drains in which chemicals or waste discharge may be washed
are required to install a clarifier or other type of pretreatment
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device or to seal the drain. This Section further provides that
all curb connections through which industrial wastewater is
discharged be sealed, the effluent be pretreated, if necessary,
and redirected to a sewer connection.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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