The ordinance codified in this chapter shall be known and may
be cited as the "Industrial Waste Ordinance."
(2181 § 1, 1991; 2803 § 1, 2011)
The County of Orange and all of its officers, employees, and
agents are authorized and empowered to enforce and administer the
provisions of this chapter within the City. The City is not precluded
from enforcing this chapter.
(2181 § 2, 1991; 2803 § 1, 2011)
As used in this chapter, the following terms are defined as
follows:
means the Board of Supervisors of the County of Orange, California.
means any department of the City or County.
means the duly appointed administrator of Orange County Ordinance
No. 703, appointed by the Board of Supervisors of the County.
means any and all liquid or solid waste substance from any
producing, manufacturing, or processing operation of whatever nature.
It shall include any such waste placed within containers of whatever
nature prior to and for purposes of disposal. It shall also include
sewage mixed with industrial waste, but shall not include domestic
sewage from residences, business buildings and institutions containing
only waste from water closets, wash water, baths, or kitchens.
means any individual, firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate,
trust, business trust, receiver, syndicate, municipality, district
or other political subdivision, or any group or combination acting
as a unit.
means any condition resulting in the depositing or discharging
of industrial waste that impairs or contributes to the impairment
of the usefulness of waters for human or animal consumption or domestic,
agricultural, industrial, or recreational purposes, or any other useful
purpose.
means and includes the United States or any department or
agency thereof, the state or any department or agency thereof, and
any county, city, public corporation, municipal corporation, or public
district.
means the main line sewer, publicly owned or maintained,
commonly constructed in a street, highway, alley, place, or right-of-way
dedicated to public use.
means all waste substances, liquid or solid, associated with
human habitation or of human or animal origin, and includes sewage
effluent and water contaminated with offal, filth, or feculent matter.
means any surface or subterranean stream, watercourse, lake,
or other body of water, and includes water wells and any underground
or surface storage reservoir, whether natural or artificial.
(2181 § 3, 1991; 2803 § 1, 2011)
The City declares that dumping or discharging of industrial
waste by any person in a manner that will or may cause or result in
the pollution of any underground or surface waters is unlawful.
(2181 § 4, 1991; 2803 § 1, 2011)
No person shall discharge or deposit or cause or suffer to be
deposited or discharged any industrial waste into or upon any area
in the City, or into any underground or surface waters in the City
where such industrial waste is or may be deposited upon or may be
carried through or over any area of the City or the County of Orange
except in conformity with the provisions of this chapter, and unless
he or she first has secured in the manner hereinafter provided a permit
to do so from the Director; provided, however, a permit shall not
be required for the disposal of industrial waste into a public sewer
with an ocean outfall.
(2181 § 5, 1991; 2803 § 1, 2011)
Applications for permits required under this chapter shall be
filed with the Director upon printed forms to be prescribed and supplied
by him or her. The Director may require any additional information
including plans and specifications, which he or she may deem necessary
for the proper disposition of the application.
(2181 § 6, 1991; 2803 § 1, 2011)
Within 30 days after receipt of all of the information requested
of an applicant, the Director shall either grant or deny the permit
and immediately shall notify the applicant by first-class mail of
the action taken.
(2181 § 7, 1991; 2803 § 1, 2011)
A.
The
Director shall issue a permit for industrial waste disposal if he
or she determines that:
1.
The
material to be discharged or deposited in the manner proposed will
not cause or result in the pollution of any underground or surface
waters, as herein prohibited; and that,
2.
Under
existing circumstances and conditions, it is reasonable and necessary
to dispose of the waste in the manner proposed.
B.
The Director may incorporate in any permit issued pursuant to this chapter such limitations or conditions as may be reasonably necessary to effectuate the purpose of this chapter and may, from time to time, review the limitations or conditions that have been incorporated in any permit therefor issued, giving consideration to changed conditions, and may, whenever in his or her judgment it is advisable or required in order to maintain the waters of the City and county free from pollution, alter, revise, modify, delete, or add further limitations or conditions applicable to any permit theretofore issued. No such alteration, revision, modification, deletion, or addition of limitations or conditions shall be effective, however, until notice in writing thereof shall have been served upon the permittee in the manner provided by Section 6.33.230.
(2181 § 8, 1991; 2803 § 1, 2011)
A permit issued under this chapter does not authorize any act
or acts forbidden by any law, rule, regulation, or order of any public
agency or department and such fact shall be so stated on the face
of all permits issued.
(2181 § 9, 1991; 2803 § 1, 2011)
A permit for the disposal of industrial waste shall be valid
until suspended or revoked in the manner hereinafter provided.
(2181 § 10, 1991; 2803 § 1, 2011)
The Director may transfer a permit to the successor in interest
of a permittee upon the filing by the successor in interest of a written
application therefor, together with such evidence of a transfer of
title or interest as the Director may require; provided, however,
a permit shall not be transferable from one location to another. The
Director shall immediately notify, by first-class mail, the person
requesting a transfer of a permit of the action taken.
(2181 § 11, 1991; 2803 § 1, 2011)
A person who is dissatisfied with an action of the Director
may request a hearing before the Board of Supervisors as hereinafter
provided.
(2181 § 12, 1991; 2803 § 1, 2011)
B.
A permit
suspended by the Director shall be reinstated by him or her when all
of the violations charged in a notice thereof have been corrected.
(2181 § 13, 1991; 2803 § 1, 2011)
The Board of Supervisors may, after notice and hearing as hereinafter
provided, revoke a permit on any one or more of the following grounds:
A.
Fraud
or deceit in obtaining a permit;
B.
Failure
of a permittee to correct a violation within the time prescribed in
a notice of violation; and/or
C.
Willful
violation of any provisions of this chapter of a condition or limitation
of a permit, or of any lawful order of the Director.
(2181 § 14, 1991; 2803 § 1, 2011)
Proceedings for the revocation of permit may be initiated:
A.
By the
Director by serving upon the permittee a copy of and filing with the
County Clerk a written recommendation of revocation setting forth
the grounds therefor and requesting a hearing thereon before the Board
of Supervisors; or
B.
By the
Board of Supervisors, on its own motion or upon the complaint of a
third person, by serving or causing to be served upon the permittee
and the Director a notice of intention to revoke, setting forth the
grounds therefor and designating a time and place for hearing thereon.
(2181 § 15, 1991; 2803 § 1, 2011)
Any person who feels him or herself aggrieved by an action of
the Director:
A.
Denying
an application for a permit or incorporating limitations or conditions
of a permit;
B.
Denying
an application for the transfer of a permit;
C.
Ordering
the correction of a violation of any provision of this chapter, or
of a condition or limitation of a permit issued hereunder;
D.
Directing
the cessation of operations pending the correction of a violation;
or
E.
Suspending
or refusing to reinstate a permit suspended by him or her, may within
30 days after receipt of a notice of the action complained of, serve
upon the Director a copy and file with the County Clerk a written
request for a hearing before the Board of Supervisors. The request
shall set forth in concise language the particular action or actions
complained of and the reasons why the person or permittee feels him
or herself aggrieved thereby. Failure to file a request for hearing
within the time prescribed herein shall constitute a waiver of any
objection to the action of the Director and his or her action shall
be final.
(2181 § 16, 1991; 2803 § 1, 2011)
When a request for hearing is filed with the County Clerk, the
Board of Supervisors shall set the matter for hearing and give notice
to the time and place thereof to the person requesting the hearing,
the Director, and any other person or public agency requesting notice
thereof. The hearing shall be held not more than 30 days after a written
request therefor has been filed with the County Clerk and not less
than 10 days after the issuance of the notice thereof.
(2181 § 17, 1991; 2803 § 1, 2011)
At the time and place set for hearing, the person requesting
the hearing, the Director, and any interested person or public agency
may appear and be heard either in person or by counsel.
(2181 § 18, 1991; 2803 § 1, 2011)
The Board of Supervisors shall, within 30 days after conclusion
of the hearing, render its decision. The Board of Supervisors may:
A.
Confirm
the action of the Director;
B.
Direct
the Director to issue a permit with or without such conditions or
limitations as the Board of Supervisors may deem appropriate;
C.
Vacate
or modify the suspension of permit;
D.
Cancel
a notice of violation or modify such notice in such particulars as
the Board of Supervisors may deem appropriate;
E.
Direct
the Director to transfer a permit;
G.
Make
such other disposition of the matter heard as may be appropriate and
in conformity with this chapter.
(2181 § 19, 1991; 2803 § 1, 2011)
For the purpose of securing compliance with this chapter, the
Director shall make periodic tests of samples of industrial waste
obtained from the places of discharge or deposit, and such other tests
deemed necessary for proper administration thereof. For the purpose
of making such tests or inspections, the Director shall be authorized,
after permission is granted, to enter any place or premises where
industrial waste is being or is proposed to be discharged or deposited,
or where there may be a violation of this chapter. If permission to
enter for the purpose of inspection or testing is refused, the Director
shall proceed to obtain an inspection warrant. After obtaining such
a warrant, the Director shall enter upon said premises and carry out
any tests and inspections required by this chapter.
(2181 § 20, 1991; 2803 § 1, 2011)
In carrying out the duties imposed upon him or her, the Director
may request and receive the aid of any other City or County department.
(2181 § 21, 1991; 2803 § 1, 2011)
Whenever the Director finds that the continued violation of
any provision of this chapter or of the conditions of any permit issued
under this chapter is so aggravated that the prevention of pollution
of underground or surface waters requires the immediate cessation
of the activities causing the violation, he or she may so direct in
the notice of violation. A person who has been so notified shall immediately
cease all such activities and shall not resume them until the Director
determines that all of the violations charged in the notice have been
corrected.
(2181 § 22, 1991; 2803 § 1, 2011)
A.
Unless
otherwise expressly provided, any notice under this chapter required
to be given by the County or the Director shall be in writing and
may be served either in the manner provided in the Code of Civil Procedure
for the service of process or by certified mail, the notice shall
be sent to the last address given to the Director.
B.
The
failure to comply with a notice of violation issued and served pursuant
to this chapter shall constitute a willful violation of this chapter
and each day of willful violation shall constitute a separate offense
punishable as provided for in this Code.
(2181 § 23, 1991; 2803 § 1, 2011)
The Director shall enforce this chapter and shall, upon his
or her own initiative or may upon the complaint of a third person,
investigate any violation of this chapter, or of any permit issued
under this chapter. For such purpose, he or she shall have the powers
of a peace officer.
(2181 § 24, 1991; 2803 § 1, 2011)
Whenever the Director finds that any person is acting in violation
of any provision of this chapter or of any permit issued under this
chapter, he or she shall serve upon the person causing or suffering
such violation to be committed, including the permittee, if a permit
has been issued, a notice of violation. The notice shall state the
act or acts constituting the violation and shall direct that the violation
be corrected within such time to be specified in the notice as the
Director may deem reasonable.
(2181 § 25, 1991; 2803 § 1, 2011)
The failure to comply with a notice of violation issued and
served pursuant to this chapter shall constitute a willful violation
of this chapter and each day shall constitute a separate offense punishable
as provided for herein.
(2181 § 26, 1991; 2803 § 1, 2011)
It is unlawful for any person, firm, or corporation to violate
any provision or to fail to comply with any of the requirements of
this chapter. Any person, firm, or corporation violating any provision
of this chapter or failing to comply with any of its requirements
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding $1,000.00, or by imprisonment
not exceeding six months, or by both such fine and imprisonment. Each
such person, firm, or corporation shall be deemed guilty of a separate
offense for each day during any portion of which any violation of
any of the provisions of this chapter is committed, continued, or
permitted by such person, firm or corporation, and shall be punishable
therefor as provided for in this chapter.
(2181 § 27, 1991; 2803 § 1, 2011)
The City shall bear no cost, charge, or fee for actions by the
County under this chapter.
(2181 § 28, 1991; 2803 § 1, 2011)
