13.64 — INDUSTRIAL WASTE

The ordinance codified in this chapter shall be known and may be cited as the industrial waste ordinance.

(Prior code 7907; Ord. 33-71)

As used in this chapter, the following terms are defined as follows:

"Board of supervisors" means the Board of Supervisors of the County of Orange, California.

"Department" means any department of the City or County.

"Director" means the duly appointed administrator of Orange County Ordinance No. 703, appointed by the Board of Supervisors of the County.

"Industrial waste" 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 waterclosets, wash water, baths, or kitchens.

"Pollution of underground or surface waters" 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.

"Public agency" 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.

"Public sewer" 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.

"Sewage" 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.

"Underground or surface water" 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.

(Prior code 7907.3; Ord. 33-71)

The City does hereby declare that the dumping or discharging of industrial waste by any person in a manner which will or may cause or result in the pollution of any underground or surface waters is unlawful.

(Prior code 7907.1; Ord. 33-71)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.64.040

§ 13.64.080

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 except in conformity with the provisions of this chapter, and unless he or she first has secured in the manner hereinafter provided, a permit so to do 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.

(Prior code 7907.5; Ord. 33-71)

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.

(Prior code 7907.6; Ord. 33-71)

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.

(Prior code 7907.7; Ord. 33-71)

• 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, which have been incorporated in any permit therefor 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 13.64.220.

• (Prior code 7907.8; Ord. 33-71)

A permit issued under this chapter does not authorize any act or acts forbidden by any law, rule,

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City of Orange, CA

ORANGE CODE

§ 13.64.080

§ 13.64.140

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 7907.9; Ord. 33-71)

A permit for the disposal of industrial waste shall be valid until suspended or revoked in the manner hereinafter provided. (Prior code 7907.10; Ord. 33-71)

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 7907.11; Ord. 33-71)

A person who is dissatisfied with an action of the Director may request a hearing before the Board of Supervisors as hereinafter provided. (Prior code 7907.12; Ord. 33-71)

• A. 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 13.64.210.

• 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.

• (Prior code 7907.18; Ord. 33-71)

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;

• 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.

(Prior code 7907.19; Ord. 33-71)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.64.140

§ 13.64.180

Proceedings for the revocation of a 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;

• 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.

(Prior code 7907.20; Ord. 33-71)

Any person who feels aggrieved by an action of the Director:

• A. Denying an application for a permit or incorporating limitations or conditions in 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 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 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.

• (Prior code 7907.22; Ord. 33-71)

When a request for hearing is filed with the County Clerk, the Board of Supervisors 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 County Clerk and not less than 10 days after the issuance of the notice thereof. (Prior code 7907.23; Ord. 33-71)

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. (Prior code 7907.24; Ord. 33-71)

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City of Orange, CA

ORANGE CODE

§ 13.64.180

§ 13.64.220

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;

• F. Revoke a permit on any of the grounds specified in Section 13.64.130;

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

(Prior code 7907.25; Ord. 33-71)

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 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 as prescribed in Title 13 of Part 3 of the Code of Civil Procedure, commencing with Section 1822.50. After obtaining such a warrant, the Director shall enter upon said premises and carry out any tests and inspections required by this chapter.

(Prior code 7907.14; Ord. 33-71)

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. (Prior code 7907.15; Ord. 33-71)

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. (Prior code 7907.17; Ord. 33-71)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.64.220

§ 13.64.250

• 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.

• (Prior code 7907.4; Ord. 33-71)

The County and all its officers, employees and agents are authorized and empowered to enforce and administer the provisions of this chapter in the City. (Prior code 7907.2; Ord. 33-71)

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. (Prior code 7907.13; Ord. 33-71)

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.

(Prior code 7907.16; Ord. 33-71)

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City of Orange, CA

PUBLIC UTILITIES

§ 13.66.010

§ 13.66.020