Irvine Municipal Code Ch. 3 Sewage Disposal

The following terms, as used in this chapter, shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Department: Any department of the City.

Director: The duly appointed administrator of this chapter appointed by the City Council.

Industrial waste: Any and all liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature. It shall include sewage mixed with "industrial waste"; however, it shall not include domestic sewage from residences, business buildings, and institutions containing only waste from water closets, wash water, baths and kitchens.

Pollution of underground or surface waters: 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.

Public agency: 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.

Public sewer: The main line sewer, publicly owned or maintained, constructed in a street, highway, alley, place or right-of-way dedicated to public use.

Sewage: Any waste, liquid or otherwise, associated with human occupancy of buildings, including sewage effluent and water contaminated with offal, filth and feculent matter.

Underground or surface water: Any surface or subterranean stream, watercourse, lake or other body of water, and shall include water wells and any underground or surface storage reservoir, whether natural or artificial.

(Code 1976, § VI.H-301; Ord. No. 27, § 43.041, 4-17-72)

The Director shall enforce the provisions of 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 hereunder.

(Code 1976, § VI.H-302; Ord. No. 27, § 43.0412, 4-17-72)

Unless otherwise expressly provided, any notice issued under the provisions of this chapter required to be given by the City Council or the Director shall be in writing and may be served either in the manner provided in the California 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.

(Code 1976, § VI.H-303; Ord. No. 27, § 43.042, 4-17-72)

A person shall not 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.

(Code 1976, § VI.H-304; Ord. No. 27, § 43.043, 4-17-72)

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 the proper administration of this chapter. For the purpose of making such tests or inspections, the Director or his or her 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.

(Code 1976, § VI.H-305; Ord. No. 27, § 43.0413, 4-17-72)

In carrying out the duties imposed upon him or her by this chapter, the Director may request and receive the aid of any other City department.

(Code 1976, § VI.H-306; Ord. No. 27, § 43.0414, 4-17-72)

A. Whenever the Director finds that any person is acting in violation of any provisions of this chapter or of any permit issued hereunder, 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.

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 in Title 4, Division 13.

(Code 1976, § VI.H-307; Ord. No. 27, § 43.0415, 4-17-72)

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 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.

(Code 1976, § VI.H-308; Ord. No. 27, § 43.0416, 4-17-72)

A. Any person who feels himself or herself 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;

5. 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 of and file with the City Clerk a written request for a hearing before the City Council. 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 or herself aggrieved thereby.

B. 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.

(Code 1976, § VI.H-309; Ord. No. 27, § 43.0420, 4-17-72)

When a request for hearing is filed with the City Clerk pursuant to this chapter, the City Council shall set the matter for hearing 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 30 days after a written request therefor has been filed with the City Clerk and not less than 10 days after the issuance of the notice thereof.

(Code 1976, § VI.H-310; Ord. No. 27, § 43.0421, 4-17-72)

At the time and place set for hearing on an appeal under the provisions of this chapter, 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.

(Code 1976, § VI.H-311; Ord. No. 27, § 43.0422, 4-17-72)

The City Council shall, within 30 days after the conclusion of the hearing provided for in Section 6-4-313, render its decision. The City Council may:

A. Confirm the action of the Director.

B. Direct the Director to issue a permit without conditions or limitations or with such conditions or limitations as the Council 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 Council may deem appropriate.

E. Direct the Director to transfer a permit.

F. Revoke a permit on any of the grounds specified in Section 6-4-327 of this chapter.

G. Make such other disposition of the matter heard as may be appropriate and in conformity with this chapter.

(Code 1976, § VI.H-312; Ord. No. 27, § 43.0423, 4-17-72)

A person shall not 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 except in conformity with the provisions of this chapter and unless he or she shall have first secured, in the manner hereinafter provided, a permit so to do from the Director.

(Code 1976, § VI.H-321; Ord. No. 27, § 43.044, 4-17-72)

A permit shall not be required under the provisions of this article for the discharge of industrial waste into a public sewer with an ocean outfall.

(Code 1976, § VI.H-322; Ord. No. 27, § 43.044, 4-17-72)

Applications for permits required by this article 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.

(Code 1976, § VI.H-323; Ord. No. 27, § 43.045, 4-17-72)

Within 30 days after the receipt of all of the information requested of an applicant for a permit required by the provisions of this article, the Director shall either grant or deny the permit and shall immediately notify the applicant by first class mail of the action taken.

(Code 1976, § VI.H-324; Ord. No. 27, § 43.046, 4-17-72)

The Director shall issue a permit for industrial waste disposal if he or she 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.

(Code 1976, § VI.H-325; Ord. No. 27, § 43.047, 4-17-72)

The Director may incorporate in any permit issued pursuant to this article such limitations or conditions as may be reasonably necessary to effectuate the purpose of this article 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 or her judgment it is advisable or required in order to maintain the waters of the City 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 6-4-303.

(Code 1976, § VI.H-326; Ord. No. 27, § 43.048, 4-17-72)

A permit issued under the provisions of this article 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 pursuant to this article.

(Code 1976, § VI.H-327; Ord. No. 27, § 43.049, 4-17-72)

The term of a permit issued pursuant to the provisions of this article for the disposal of industrial waste shall be valid until suspended or revoked in the manner provided in this article.

(Code 1976, § VI.H-328; Ord. No. 27, § 43.0410, 4-17-72)

The Director may transfer a permit issued under the provisions of this article to the successors 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.

(Code 1976, § VI.H-329; Ord. No. 27, § 43.0411, 4-17-72)

A. The Director may suspend a permit issued under the provisions of this article 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 6-4-309.

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.

(Code 1976, § VI.H-330; Ord. No. 27, § 43.0417, 4-17-72)

The City Council may, after notice and hearing as hereinafter provided, revoke a permit issued under the provisions of this article 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.

C. Willful violation of any provision of this chapter, of a condition or limitation of a permit, or of any lawful order of the Director.

(Code 1976, § VI.H-331; Ord. No. 27, § 43.0418, 4-17-72)

Proceedings for the revocation of a permit issued under this article may be initiated:

A. By the Director by serving upon the permittee a copy of and filing with the City Clerk a written recommendation of revocation setting forth the grounds therefor and requesting a hearing thereon before the City Council; or

B. By the City Council, 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.

(Code 1976, § VI.H-332; Ord. No. 27, § 43.0419, 4-17-72)