SR-505-002 (10)
CA:RMM:rmd262jhpca
city council Meeting 9-9-86
?t/S-OOZ- 8-6
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Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance Amending Sections 5409 and 5410
of the Santa Monica Municipal Code Relating
to the city's Industrial Wastewater Control
Program
At its meeting on May 27, 1986, the city council directed
the City Attorney to prepare an ordinance providing for civil
penal ties when a discharger fails to provide notice of
uncontrolled discharges as required by section 5409 of the
Industrial Wastewater Control ordinance.
In response to this
direction, the accompanying ordinance has been prepared and is
presented for city council consideration.
The accompanying ordinance adds subdivision (e) to section
5409 to provide that when a discharger fails to provide notice of
an uncontrolled discharge as required by section 5409, the
discharger will be liable for a civil penalty in the amount of
$500.00 per day, as well as reasonable attorneys' fees and costs.
At the time of adoption of the ordinance on June 10, 1986,
concern was expressed that the ordinance permitted industrial
wastewater to be discharged into the storm drain system.
Although the City Attorney and city Staff concluded that the
ordinance only permitted the storm drain system to be used for
storm water, the City Attorney indicated that an amendment would
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be prepared to address this concern. Therefore, the accompanying
ordinance amends Municipal Code section 5410 to add subdivision
(c) to provide that industrial wastewater shall not be discharged
into the storm drain system.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Barry A. Rosenbaum, Deputy City Attorney
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CA:RMM:rmd263/hpca
City Council Meeting 9-9-86
Santa Monica, California
ORDINANCE NUMBER
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS 5409 AND 5410 OF
THE SANTA MONICA MUNICIPAL CODE RELATING TO THE
CITY'S INDUSTRIAL WASTEWATER CONTROL PROGRAM
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5409 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 5409.
Notification of
Uncontrolled Discharqes.
(a) In the event of an uncontrolled
discharge,
the
discharger
shall
immediately notify the Director of the
incident by telephone.
The notification
shall include location of discharge, type
of material, concentration and volume, and
corrective actions taken.
(b) Within ten (10) days following
the uncontrolled discharge, the discharger
shall submit to the Director a detailed
written report describing the cause of the
discharge, corrective action taken, and
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measures to be taken to prevent future
occurrences. The report shall be in the
form required by the Director.
(c) A legible, understandable and
conspicuously placed notice shall be
permanently posted on the discharger's
bulletin board or other prominent place
advising employees to call the Director,
in the event of an uncontrolled discharge,
as soon as possible or within one hour of
the discharge, and to provide at least the
information required in this Section.
Employers shall ensure that all employees
in a position to cause or allow an
uncontrolled discharge to occur are
advised of this notification procedure.
In the event a substantial number of the
discharger1s employees use a language
other than English as a primary language,
the notice shall be worded in both English
and the language or languages involved.
The notice shall set forth the current
telephone number of the Director, and
shall identify the following as the
minimum necessary information which is to
be provided to the Director:
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( 1)
concentration,
discharge.
Time, location,
and volume of
type,
the
(2) The corrective action
taken.
(d) Notification does not relieve
the discharger of liability or fines under
this Chapter.
(e) In addition to any other
remedies provided by this Code, any
discharger who fails to provide
notification of uncontrolled discharges as
required by this section shall be liable
in a civil action for a civil penalty in
the amount of $500.00 for each day the
uncontrolled discharge has not been
reported and reasonable attorneys' fees
and costs as determined by the court.
SECTION 2. Section 5410 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 5410. I~dustrial Wastewater
Permit.
(a) No person shall discharge
industrial wastewater to the P.O.T.W., the
storm drain system, or the waters of the
state without an Industrial Wastewater
permit. The Permit shall not be issued
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until a determination has been made by the
Director that the wastewater to be
discharged will not violate any provisions
of this Code, and any regulation adopted
pursuant thereto, the water quality
objectives for receiving waters
established by the california Water
Quality Control Board, Los Angeles Region,
or any applicable Federal or state
statutes, rules, or regulations. Such
determination shall be made from the
information set forth in the application
for Permit.
(b) A separate Permit shall be
required for each point of discharge to
the P.O.T.W., to the storm drain system,
and to the waters of the state.
(c) No Permit shall authorize, and
no person shall discharge, any industrial
wastewater into the storm drain system or
the waters of the state of California.
SECTION 3. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
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SECTION 4.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The city Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to vJhether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
~~~
ROBERT M. MYERS
City Attorney
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