The county and all of its offices, employees and agents are
authorized and empowered to enforce and administer the provisions
of this chapter within the city.
(Prior code § 26-15)
As used in this chapter unless the context otherwise requires:
means any department of the city or the county;
means the duly appointed administrator of Ordinance No. 703
appointed by the board of supervisors of the county;
means any and all liquid or solid waste substance, not sewage
from any producing, manufacturing or processing operation of whatever
nature. It includes sewage mixed with "industrial waste";
however, it shall not include domestic sewage from residences, business
buildings and institutions, containing only waste from waterclosets,
wash water, baths and kitchens;
means any condition resulting from the depositing or discharging
of industrial waste which 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
purposes;
means and includes the United States or any department or
agency thereof, the state or any department or agency thereof, county,
city, public corporation, municipal corporation or public district;
means the main line sewer, publicly owned or maintained,
constructed in a street, highway, alley, place or right-of-way dedicated
to public use;
means any waste, liquid or otherwise associated with human
occupancy of buildings including sewage effluent and water contaminated
with offal, filth and feculent matter.
means any surface or subterranean stream, watercourse, lake
or other body or water, and includes water wells and any underground
or surface storage reservoir, whether natural or artificial.
(Prior code § 26-16)
Unless otherwise expressly provided, any notice under this chapter
required to be given by the board of supervisors 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 registered
mail. When service is by registered mail, the notice shall be sent
to the last address given to the director.
The failure to comply with a notice of violation issued and
served pursuant to this chapter constitutes a wilful violation of
this chapter and each day of wilful violation constitutes a separate
offense punishable as provided for in this code.
(Prior code § 26-17)
No person shall discharge or deposit or cause or suffer to be
discharged or deposited from any source any industrial waste in a
manner which will or may cause or result in the pollution of any underground
or surface waters.
(Prior code § 26-18)
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 county, except in
conformity with the provisions of this chapter, and unless he shall
have first secured, in the manner hereinafter provided, a permit so
to do from the director.
(Prior code § 26-19)
Applications for permits required hereunder shall be filed with
the director upon printed forms to be prescribed and supplied by him.
The director may require any additional information, including plans
and specifications, which he may deem necessary for the proper disposition
of the application.
(Prior code § 26-20)
Within thirty days after the receipt of all of the information
requested of an applicant, the director shall either grant or deny
the permit and shall immediately notify the applicant by first class
mail of the action taken.
(Prior code § 26-21)
The director shall issue a permit:
(1)
For industrial waste disposal if he determines that:
(A)
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
(B)
Under existing circumstances and conditions it is reasonable and
necessary to dispose of the waste in the manner proposed;
(2)
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 which have been incorporated in any permit theretofore issued, giving consideration to changed conditions, and may, whenever in his 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 alterations, 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 16.08.030.
(Prior code § 26-22)
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.
(Prior code § 26-23)
A permit for the disposal of industrial waste shall be valid
until suspended or revoked in the manner hereinafter provided.
(Prior code § 26-24)
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 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.
(Prior code § 26-25)
The director shall enforce this chapter and shall, upon his
own initiative, or may upon the complaint of a third person, investigate
any violation of this chapter, or of any permit issued hereunder.
For such purpose, he shall have the powers of a peace officer.
(Prior code § 26-27)
For the purpose of securing compliance with this chapter, the
director shall make periodic tests of samples of industrial waste
obtained from the place or places of discharge or deposit, and such
other tests deemed necessary for proper administration hereof. For
the purpose of making such tests or inspections, the director or his
duly authorized deputies or agents shall be permitted at all reasonable
hours to enter any premises or place where industrial waste is being
or is proposed to be discharged or deposited, or where there may be
a violation of this chapter.
(Prior code § 26-28)
In carrying out the duties imposed upon him, the director may
request and receive the aid of any other city or county department.
(Prior code § 26-29)
Whenever the director finds that any person is acting in violation
of any provision of this chapter or of any permit issued hereunder,
he 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.
(Prior code § 26-30)
Whenever the director finds that the continued violation of
any provision of this chapter or of the conditions of any permit issued
hereunder is so aggravated that the prevention of pollution of underground
or surface waters requires the immediate cessation of the activities
causing the violation, he 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.
(Prior code § 26-31)
The director may suspend a permit by giving notice thereof to
the permittee:
(1)
When a permittee fails to rectify a violation within the time specified
in a notice thereof; or
(2)
When a violation is so aggravated as to require cessation of activities as provided in Section 16.08.160.
A permit suspended by the director shall be reinstated by him
when all of the violations charged in a notice thereof have been corrected.
(Prior code § 26-32)
The board of supervisors may, after notice and hearing as hereinafter
provided, revoke a permit on any one or more of the following grounds:
(1)
Fraud or deceit in obtaining a permit;
(2)
Failure of a permittee to correct a violation within the time prescribed
in a notice of violation;
(3)
Wilful violation of any provisions of this chapter, of a condition
or limitation of a permit, or of any lawful order of the director.
(Prior code § 26-33)
Proceedings for the revocation of a permit may be initiated:
(1)
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
(2)
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.
(Prior code § 26-34)
A person who is dissatisfied with an action of the director
may request a hearing before the board of supervisors.
(Prior code §§ 26-26 and 26-35)
Any person who feels himself aggrieved by an action of the director:
(1)
Denying an application for a permit or incorporating limitations
or conditions in a permit;
(2)
Denying an application for the transfer of a permit;
(3)
Ordering the correction of a violation of any provision of this chapter,
or of a condition or limitation of a permit issued hereunder;
(4)
Directing the cessation of operations pending the correction of a
violation; or
(5)
Suspending or refusing to reinstate a permit suspended by him; may,
within thirty days after receipt of a notice of the action complained
of, serve upon the director a copy of 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 himself aggrieved thereby.
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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 action shall be final.
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(Prior code § 26-36)
When a request for heating is filed with the county clerk, the
board of supervisors shall set the matter for heating and give notice
of 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 thirty days after
a written request therefor has been filed with the county clerk and
not less than ten days after the issuance of the notice thereof.
(Prior code § 26-37)
At the time and place set for heating, 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.
(Prior code § 26-38)
The board of supervisors shall, within thirty days after conclusion
of the hearing, render its decision. The board of supervisors may:
(1)
Confirm the action of the director;
(2)
Direct the director to issue a permit with or without such conditions
or limitations as the board may deem appropriate;
(3)
Vacate or modify the suspension of permit;
(4)
Cancel a notice of violation or modify such notice in such particulars
as the board may deem appropriate;
(5)
Direct the director to transfer a permit;
(7)
Make such other disposition of the matter heard as may be appropriate
and in conformity with this chapter.
(Prior code § 26-39)
