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)
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)