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HomeMy WebLinkAbout88-18 - Adding Chapter 17.30 to the Newport Beach Municipal Code Relating to the Installation of Pumpout Stations by Certain Commercial Users of Newport BayNO. 88- 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.30 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE INSTALLATION OF PUMPOUT STATIONS BY CERTAIN COMMERCIAL USERS OF NEWPORT BAY. Section 1: The City Council of the City of Newport Beach does hereby ordain as follows: CHAPTER 17.30 INSTALLATION OF PUMPOUT STATIONS BY CERTAIN COMMERCIAL USERS OF NEWPORT BAY Sections: Section 17.30.010 Findings and Purpose. Section 17.30.015 Definitions. Section 17.30.020 Pumpout Facility Required. Section 17.30.025 Maintenance. Section 17.30.010. Findings and Purpose. The City Council finds and declares as follows: A. On July 14, 1986, the City Council created the Harbor Quality Citizen's Advisory Committee in response to growing concerns about the deterioration of the quality of water in Newport Bay. The Committee was specifically empowered to develop information, and make recommendations, on proposed measures to improve water quality of the Bay. B. The Harbor Quality Citizen's Advisory Committee has, since its inception, conducted monthly meetings and received testimony from representatives of the Regional Water Quality Control Board, the Orange County Health Department, the Harbor Master, businesses that utilize Newport Bay, and experts in the field of water quality. C. The Committee has determined, based upon testimony presented to it, that there are valid reasons for concern about contamination of Bay waters caused by the discharge of human waste from vessels using the Harbor. 40 D. The United States Environmental Protection •Agency has determined that recreational swimmers exposed to waters contaminated by human waste are at a higher risk of developing gastrointestinal diseases. E. The failure to take steps to control the 1 discharge of human waste into the Bay could result in a quarantine for water contact sports, a prohibition against gathering of shellfish from the waters of Newport Harbor and lead to the onset and spread of disease in humans. F. The discharge of human waste into the waters of Newport Bay, if allowed to continue, could jeopardize the economic viability of businesses which utilize, or are located on, Newport Bay, and severely restrict recreational use of the bay. G. The number of public pumpout facilities in Newport Harbor to serve the number of vessels using the Harbor and the location of those facilities are not convenient to a large number of vessels that require pumpout of holding tanks. Substantial quantities of human waste have been discharged directly into the Bay because of the lack of adequate pumpout facilities. H. The heaviest commercial users of the Bay, and those which have the greatest need for adequate pumpout fofacilities, are sailing clubs, commercial harbor activity permittees, and bareboat charter operations that load and unload passengers at the docks of harbor permittees located in commercial zones. I. The installation and use of pumpout facilities by the heaviest commercial users of Newport Bay will help insure that bacteria, coliform and human pathogen levels remain below those which would cause the adverse impacts described in this section. Section 17.30.015. Definitions. For purposes of this Chapter, the following words and phrases shall have the meanings specified in this section: A. Commercial Harbor Activity Permittee. Any • person, or persons, partnership, corporation, or other entity holding a permit issued pursuant to the provisions of Chapter 17.41 of the Newport Beach Municipal Code; 2 B. Harbor Permittee. Any person, or persons, partnership, corporation or other entity holding a permit issued pursuant to the provisions of Chapter 17.24 of the Newport Beach Municipal Code and: (1) the permit zone is within an area designated as a commercial district; and (2) the permittee permits or allows the loading and /or unloading of passengers of a bare boat charter or other chartered vessel from any facility within the present zone. C. Sailing Club. Any person, or persons, partnership, corporation, or other business entity engaged in the business of leasing, renting, or chartering 5 or more vessels equipped with marine toilets by members of the club and /or the general public for use on Newport Bay by members of the Club and /or the general public. D. Permittee. permittee and harbor permittee. Commercial harbor activity Section 17.30.020. Pumpout Facility Required. A. Within 180 days of the effective date of tithis ordinance, all sailing clubs, commercial harbor activity permittees and harbor permittees shall install a vessel waste pumpout system solely for the use of vessels leased or chartered by the club or permittee. The pumpout facility shall be installed on dock space under the control of the club or permittee with convenient access to all vessels, owned, leased or chartered by the club or permittee. The pumpout facility shall have a capacity commensurate with the capacity of the holding tanks of the vessel or vessels of the club or permittee. B. All pumpout facilities required by this Chapter shall be installed pursuant to permit issued by the Marine Director. Application for permit shall be made on forms prepared, 48and furnished, by the Marine Director. No fee shall be charged for the issuance of the pumpout facility permit or any other • permit required prior to installation. C. The application for permit shall be accompanied by appropriate plans and specifications setting forth 01 in detail the work to be done. D. The application, plans and specifications required by this Chapter shall be reviewed by the Marine Director to determine if the proposed work meets all requirements of this 4% chapter and other provisions of the Newport Beach Municipal Code. The Marine Director shall issue the permit if the proposed pumpout station complies with all applicable ordinances, rules and regulations. A separate permit may be required from the Building Director prior to installation of the pumpout facility. Section 17.30.025. Maintenance. Permittee shall maintain the pumpout facility in good condition and repair at all times. Section 2: The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of June, 1988, and adopted on the 27th day of June, 40 1988, by the following vote, to -wit: AYES, Cox, Hart, Maurer, Plummer, Sansone Strauss, Turner NOES,