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HomeMy WebLinkAbout587 - Use of Public SewersL ORDINANCE No. 587 AN ORDINANCE REGULATING THE USE OF PUBLIC SEWERS AND DISPOSITION OF INDUSTRIAL AND OTHER WASTES, AND PRO- VIDING FOR INDUSTRIAL WASTE PERMITS. The City Council of the City of Newport Beach does ordain as follows: SECTION 1: DEFINITIONS. "Domestic sewage" shall mean the waste waters arising from the flushing of toilets, from the use of lavortories and baths and other means of washing human persons, from the washing of clothing, and from the preparing and serving of meals. No distinction is made as to whether these waste waters originate in residences, or in com- mercial establishments which produce only waste waters from operations similar to those which are commonly carried on in homes. The wastes from hotels, restaur- ants, laundries, public toilets, and schools are included in the cate- gory of "domestic sewage." "Industrial sewage" shall mean waste waters arising in manufac- turing or processing operations such as those carried on in re- fineries, canneries, slaughter houses, meat packing plants, fish cleaning plants, rendering plants, fruit by- product plants, vegetable packing plants, vegetable bypro- duct plants, fruit packing plants, creameries, dairies, wineries, dis. tilleries, breweries, chemical plants, and all other similar and dissimilar fluid wastes and sewage of every kind other than domestic sewage. "Biochemical oxygen demand" shall mean the 5 -day, 20° centi- grade biochemical oxygen demand as determined by the most recent edition of "Standard Methods for the Analysis of Water and Sew- age" of the United States Public Health Service. "City" shall mean the City of Newport Beach, a M u n i c i p a l Corporation of t h e S t a t e of California. "Person" shall mean natural person, corporation, partnership, firm, business trust, association or other legal entity. SECTION 2: PROHIBITED USES OF THE SEWERS. It shall be unlawful for any person to place or deposit in any public sewer or manhole or pipe line which discharges into a public sewer, (a) any sand, dirt, mud, rocks, concrete or bricks or other earthy material or any solids which will settle out in the sewer, (b) any solids which will not pass thru a screen with openings 1 inch square, (c) any flammable liquid or any liquid which is immiscible with water, (d) any liquid con- taining dissolved sulfides or com- pounds of intense odor w h i c h might cause odor nuisances from manholes, sewage plant, or ocean outfall, (e) any acids or liquids having a pH value below 5, (f) any other substances which will damage the sewage w o r k s, or interfere with operation of these works, or cause nuisance condi- tions, (g) any industrial sewage except in accordance with t h e terms of a permit issued as here- inafter provided. SECTION 3: INDUSTRIAL WASTE PERMIT. No person shall discharge in- dustrial wastes into t h e: public sewerage system or any municipal industrial waste pipe line of the City without first obtaining a permit so to do from t h e City Council of the City of Newport Beach. Such permit shall be known as an "Industrial Waste Permit." Application for such permit shall be made in writing to the City Council through the Sewer Dept. and shall contain the following information: (a) Name and address of applicant. (b) Location of connection or proposed connection with public sewerage system or municipal industrial waste pipe line. (c) Estimated g a 11 o n a g e of wastes proposed to be discharged and statement as to approximate time of discharging same, together with information as to peak loads, and such other similar data as the City Council may require. (d) Statement of the character of the waste proposed to be dis- charged, including such detail in connection therewith as the City Council may require. Upon receipt of application for an Industrial Waste Permit, the City Council shall refer the same to the City Manager who shall investigate the same and make report thereof. The applicant shall furnish such other information as the City Manager may require in order to make his investigation. In addition to such report from the City Manager, the City Coun- cil may make such further invest- igation as it shall deem necessary, and may require the applicant or his representative to appear per- sonally before the Council with respect to the application. After the Council has received its report from the City Manager and has made such further invest- igation as it deems necessary, the applicant shall be granted an Industrial Waste Permit in the event said City Council finds: (1) That there is in the sewer- age system of the City unused carrying and treatment capacity not necessary for the disposition of domestic sewage of the City. (2) That the amount and char- acter of the wastes proposed to be discharged by applicant are such that the same can be transported and treated in such a manner that an effluent will result which com- plies with all applicable State laws and regulations, and which, in the opinion of the City Council will not result in a nuisance nor any objectionable or unpleasant odors along the pipe l i n e s or in the vicinity of treatment plants and, . other facilities. (3) That such waste will not' i :rte i v �� V • result in damage to pipe lines and other disposal facilities. The City Council may issue a permit granting an application in part only, and may issue a con- ditional permit prescribing such conditions or requiring treatment of wastes when, in its opinion, such permit or conditions shall promote the intent and purposes of this Ordinance or shall best preserve the public health, safety or welfare. SECTION 4: REVOCATION OF INDUSTRIAL WASTE PERMIT. (a) Whenever by reason of increased flow of domestic sewage or for any cause whatever, the City Council shall find, after hear- ing as in subsection (b) hereof provided, charging of s u c h in- dustrial wastes in pursuance of such permit exceeds or may exceed the carrying or treatment capacity of said sewerage system and /or municipal industrial waste p i p e lines or has caused or may cause objectionable or unpleasant odors, or unsanitary or other unhealthy conditions, or, has resulted in or may result in damage to pipelines or other facilities, or that a per - mittee has violated any of t he provisions of this Ordinance, then, in its descretion, the City Council may revoke said industrial Waste Permit or m a y impose .further conditions with respect thereof or may alleviate or r e m o v e said effects. (b) Should the City Council be advised of facts which indicate that sue h permit should be revoked or that further conditions should be imposed upon the per - mittee, it shall set a time not leas than 30 days and designate a place of public hearing upon the ques- tion of whether said permit should be revoked or that conditions should be imposed upon the per - mittee, and shall cause the City Clerk to notify permittee in writing of such time and place of hearing. SECTION 5: In the event that any person deposits any substance in a n y public sewer, sewer pipe, manhole, septic tank connected with t h e public sewerage system or muni- cipal industrial waste pipe line within the City of Newport Beach in violation of the provisions of this Ordinance, in addition to any other penalties provided by this Ordinance, such person shall pay the City of Newport Beach dam- age caused thereby and for the cost of any cleaning of any portion of said public sewerage system and /or municipal industrial waste pipe l i n e s made necessary by reason thereof; and if after notice to such person, given in writing by the City Manager such costs and damages are not paid within five days thereafter, the C i t y Council shall shut off said prem- ises from the use of the public sewerage system and municipal industrial waste pipe lines of the City of Newport Beach. SECTION 6: The City Manager of the City of Newport Beach shall have the power temporarily to shut off any premises from the use of t h e public sewerage system and /or a n y municipal industrial waste pipe line of the City of Newport Beach where the occupant or user of such premises is placing in such public sewerage system and /or municipal industrial waste p i p c line substances in violation of this Ordinance. SECTION 7: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a m i s d e- meanor and upon c o n v i c t i o n thereof shall be punishable by a fine of n o t m o r e than Three Hundred Dollars ($300.00) or by imprisonment in the City or County Sail for a period of not more than three (3) months or by both such fine and imprison- ment. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of this Ordinance is committed, con- tinued or permitted by such per- son, and shall be punishable therefor as provided for in this Ordinance. SECTION 8: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be pub- lished once in the Newport - Balboa Press, a newspaper printed, pub- lished and circulated in the City of Newport Beach, and hereby designated for that purpose and thirty (30) days thereafter shall take effect and be in force. The foregoing ordinance w as introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of February, 1949, and was finally passed and adopted on the 14th day of March, 1949, at a regular meeting of the C it y Council by the following vote, to -wit: AYES, COUNCILMEN: Greeley, Robertson, Blue, Isbell and Drake. NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None DICK DRAKE Mayor ATTEST: C. K. PRIEST City Clerk C. K. PRIEST, on oath deposes and says: That he is the duly elected and qualified City Clerk of the City of Newport Beach. That as such City Clerk he has in his custody and under his control, all records, including the Ordinances of the City, and, certifies that the fore- going Ordinance No. 587 is a true and correct copy of the City of Newport Beach Ordinance No. 587 which was passed and adopted on the 14th day of March, 1949, by the City Council of the City of Newport Beach, California. Dated this 14 day of March, 1949. C. K. PRIEST Clerk of the City of Newport .Beach Newport - Balboa Press No. 178. Publish 3- 17 -49. ll' L_ • • STATE OF CALIFORNIA COUNTY OF ORANGE 1SS. CITY OF NEWPORT BEACH )) C. K. PRIEST I+ ----------------------------------- ----- ---- -- City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ----- 91d n- ance- - - - - -- No ------ 5A7 .................was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the-1-4-1h --- day, of ..... March 1949 by the following vote: AYES: COUNCILMEN _____!?•S_e_eley_,___Eo best& on- ,__- $1uE__,___IBhell- _srid_Drake NOES: COUNCILMEN ABSENT: COUNCILMEN -No-h-6 Dated this__14th day of ..... arch 1949 ----- ' !--- ---- -- _ --------- - - - - -- + City Clerk and Ex- Officio Clerk of the City Council, City of Newport Beach, State of California.