HomeMy WebLinkAbout2009-05-26 - AGENDA REPORTS - INDUSTRIAL WASTE DISPOSAL ORD (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by:
DATE: May 26, 2009
SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY, AND
WELL-BEING WITH RESPECT TO INDUSTRIAL WASTE
DISPOSAL PERMITS, PLAN REVIEWS, INSPECTIONS, AND
OTHER NECESSARY SERVICES BY AMENDING SECTIONS
15.20.010, 15.20.020, 15.20.030, 15.20.040, AND 15.20.050 OF
CHAPTER 15.20 SANITARY SEWERS AND INDUSTRIAL
WASTE, ADOPTING THE COUNTY OF LOS ANGELES CODE
TITLE 20, UTILITIES, DIVISION 2, SANITARY SEWER AND
INDUSTRIAL WASTE BY REFERENCE, AND REPEALING
SECTIONS 15.20.060 - 15.40.040 OF THE SANTA CLARITA
MUNICIPAL CODE, TITLE 15, DIVISION 2
DEPARTMENT: Public Works
RECOMMENDED ACTION
City Council introduce and pass to second reading an ordinance entitled "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING
PUBLIC HEALTH, SAFETY, AND WELL-BEING WITH RESPECT TO INDUSTRIAL
WASTE DISPOSAL PERMITS, PLAN REVIEWS, INSPECTIONS, AND OTHER
NECESSARY SERVICES BY AMENDING SECTIONS 15.20.010, 15.20.020, 15.20.030,
15.20.040, AND 15.20.050 OF CHAPTER 15.20 SANITARY SEWERS AND INDUSTRIAL
WASTE, ADOPTING THE COUNTY OF LOS ANGELES CODE TITLE 20, UTILITIES,
DIVISION 2, SANITARY SEWER AND INDUSTRIAL WASTE BY REFERENCE, AND
REPEALING SECTIONS 15.20.060 - 15•.40.040 OF THE SANTA CLARITA MUNICIPAL
CODE, TITLE 15, DIVISION 2."
BACKGROUND
The City has a formal agreement in effect with the County of Los Angeles to perform industrial
waste permitting, inspection, and enforcement consistent with federal law, state law, and the
Ordinance passed to
Second reading
Santa Clarita Municipal Code. In turn, the County of Los Angeles bills the City for the cost of the
service provided.
The enactment of new state and federal legislative requirements has resulted in more stringent
regulations significantly impacting the County's Industrial Waste Program implementation and
funding. As such, in 2002 the County updated Title 20, Division 2 of their code to reflect higher
fees to the extent necessary to reasonably recover its cost in protecting the sewer system,
stormdrains, and underground and surface waters from improper disposal of industrial waste.
Prior to the 2002 increase; the fees for the County's and City's Industrial Waste Program had
remained unchanged since 1989 with an annual Consumer Price Index (CPI) increase.
Pursuant to the contract, the County collects fees for industrial waste plan review, permits, and
inspection on the City's behalf. These fees are collected based on the City's original 1989 fee
structure, adopted by the City Council in 1990 (Ordinance 90-18) and has only included an
annual CPI adjustment. As a result, this fee structure no longer provides full cost recovery for the
City. This imbalance has resulted in the City's expenditures exceeding its revenues for the
Industrial Waste Program. As such, staff is recommending the City adopt the County's code by
reference, with the exception of stormwater monitoring and stormwater treatment Best
Management Practices approval and monitoring, which is indicated in 20.36.280 of the County
code. The reason for this exception is due to the City's capability of providing services for
stormwater monitoring and stormwater treatment BMPs approval and monitoring with its
existing resources. The provision of these services by City staff will eliminate duplication and
streamline the development process by not requiring County plan check and approval pursuant to
the Standard Urban Stormwater Mitigation Plan requirements. Additionally, the provision of
these stormwater specific services by the. City will be at a lower cost to applicants and permit
holders.
As for the remaining industrial waste services identified in the County code, adopting the.code by
reference allows the City's fee structure and any other amendments to the Industrial Waste
Program to remain in alignment with the County. It will also keep pace with the County's
provisions without adopting a new ordinance if and when the County code and/or fees are revised
in the future. Staff estimates businesses that use these services will experience, on average,
approximately 51 percent increase in industrial waste one-time permit fees and/or annual
inspection fees, plus a 5 percent administrative fee for the City's cost for the administration of the
program.
The attached proposed fee schedule was mailed to the Chamber of Commerce, Valley Industrial
Association, Building Industry Association, and current industrial waste permit holders.
Additionally, staff informed stakeholders of the public meeting to be held on April 30, 2009, to
address any concerns and questions they may have. There were no attendees at the public
meeting. However, staff did receive one e-mail from an industrial waste permit holder who
expressed the financial constraint the increased fee would have on their operation.
After the first reading of the title of the ordinance, the City will set a public hearing for the
second reading of the ordinance and adoption of a resolution setting the fees for the provision of
stormwater monitoring and stormwater treatment Best Management Practices approval and
monitoring. The notice of public hearing will be published twice for at least two weeks prior to
the hearing. The revised ordinance will become effective 30 days after final passage and the
increased fees will become effective 60 days after final passage.
a
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
The Industrial Waste Program is estimated to cost $235,000 annually. This represents an
increase of $110,000 annually to be completely offset by revenues.
ATTACHMENTS
Ordinance - Sanitary Sewer and Industrial Waste
Industrial Waste Program Fee Schedule
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ORDINANCE 09 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, PROTECTING
PUBLIC HEALTH, SAFETY, AND WELL-BEING WITH RESPECT
TO INDUSTRIAL WASTE DISPOSAL PERMITS, PLAN REVIEWS, INSPECTIONS,
AND OTHER NECESSARY SERVICES BY AMENDING SECTIONS 15.20.010, 15.20.020,
15.20.030, 15.20.040, AND 15.20.050 OF CHAPTER 15.20 SANITARY SEWERS AND
INDUSTRIAL WASTE, ADOPTING THE COUNTY OF LOS ANGELES CODE
TITLE 20, UTILITIES, DIVISION 2, SANITARY SEWER AND INDUSTRIAL
WASTE BY REFERENCE, AND REPEALING SECTIONS 15.20.060 - 15.40.040
OF THE SANTA CLARITA MUNICIPAL CODE, TITLE 15, DIVISION 2
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. In order to protect public health, safety, and well-being relating to disposal
of industrial waste within the City, and to protect the quiet enjoyment of property pursuant to the
authority of Article XI, Section 7 of the California Constitution, Sections 15.20.010, 15.20.020,
15.20.030, 15.20.040 and 15.20.050 of Chapter 15.20 "Sanitary Sewers and Industrial Waste" of
the Santa Clarita Municipal Code are amended to read as follows:
"Section 15.20.010 Adoption of County Ordinance
A. There is adopted, except as otherwise provided, by reference, as a sanitary sewer and
industrial waste ordinance of the City of Santa Clarita, except as it is hereinafter amended, Los
Angeles County Code, Title 20, Utilities, Division 2, Sanitary Sewers and Industrial Waste, as
amended.
B. Three copies of the Los Angeles County Code, Title 20, Utilities, Division 2, have been
deposited with the City Clerk and shall be at all times maintained by the City Clerk for use and
examination by the public.
C. Los Angeles County Code, Title 20, Utilities, Division 2, Sanitary Sewers and Industrial
Waste, adopted by this chapter as the Sanitary Sewer and Industrial Waste Code of the City, are
amended to read as set forth in the sections below:
Section 15.20.020 Plan Review and Fees for Storm Water Monitoring and Treatment.
Section 20.28.260 Classes of businesses, processes and industries for plan review and
inspection fee is amended in to read as follows:
"Plan review and inspection fees for the categories listed below shall be fixed and established
from time to time by City Council resolution:
Storm Water Monitoring
Storm Water treatment BMP Approval/monitoring"
Section 15.20.030 Deposit of Certain Substances Prohibited
A person shall not place, throw, or deposit, or cause or permit to be placed, thrown, or deposited
in any public sewer or main -line sewer any dead animal, offal, or garbage, fish, fruit, or vegetable
waste, debris, cut roots, other solid matters, or materials or obstructions of any kind, of such
nature, as shall clog, obstruct, or fill such sewer, or which shall interfere with or prevent the
effective use or operation thereof. A person shall not cause or permit to be deposited or
discharged into any such sewer any water, or sewage, or liquid waste of any kind containing
chemicals, fats, oils, and grease (collectively referred to as FOG), tars, or other matters in
solution or suspension, which may glob, obstruct, or fill the same, or which may in any way
damage or interfere with, or preventing the effective use thereof, or which may necessitate or
require frequent repair, cleaning out, or flushing of such serve to render the same operative, or
which may obstruct or cause an unwanted increase in the cost of treatment of the sewage or
which may introduce into a publically owned treatment works any pollutants(s) which cause pass
through interference. Stormwater runoff shall be discharged into a sanitary sewer.
15.20.040 Fees
Except for those services identified in 15.20.020, the City shall collect a 5 percent administrative
fee in addition to the fees charged pursuant to Los Angeles County Code, Title 20, Utilities,
Division 2, Sanitary Sewers and Industrial Waste, as amended.
15.20.050 Penalties
A. Every person violating any provision of this Chapter or any condition or limitation of permit
issued pursuant thereto is guilty of a misdemeanor, and upon conviction is punishable by fine not
exceeding $1,000.00 or by imprisonment in the County jail for a period not exceeding six
months, or by both such fine and imprisonment.
B. Each day during which any violation described in this Division 2 as willful continues shall
constitute a separate offense punishable as provided by this Chapter."
SECTION 2. Santa Clarita Municipal Code Sections 15.20.060 - 15.40.040 are hereby
repealed.
SECTION 3. This Ordinance shall not take effect until thirty (30) days after its final
passage.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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SECTION 5. The City Clerk shall certify as to the adoption of this Ordinance and shall
cause a summary thereof to be published within fifteen (15) days of the adoption, including the
vote for and against the same, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
day of 2009.
MAYOR
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance 09 - was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the day of 2009. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the day
of 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 09 -
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
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R
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance 09 - adopted by the City Council of the City of
Santa Clarita, California on , 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of 2009.
Sharon L. Dawson, MMC
City Clerk
ON
Susan L. Caputo, CMC
Deputy City Clerk
2
City of Santa Clarita
Proposed Industrial Waste Program Fees*
Fee
Type
Class
L.A.
County
Rate
City's
Current Rate
Difference
IW Inspection
112
A
$277
$159
$118
"
106
B
$548
$314
$234
"
104
C
$825
$471
$354
"
103
D
$1,096
$628
$468
"
102
E
$1,287.
$942
$345
"
101
M
$2,726
$1,880
$846
RDS
D
X
$232
$42
$190
Permit App, New
Al -06
Sewer
$423
$305
$118
"
A07-12
Onsite
$518
$473
$45
"
Al 3-18
Offsite
$568
$448
$120
Permit App, Revision
M01-06
Sewer
$283
$198
$85
"
M07-12
Onsite
$423
$286
$137
"
M13-18
Offsite
$377
$270
$107
Plan Review, New, Sewer
P01
1
$710
$454
$256
"
P02
2
$900
$573
$327
"
P03
3
$1,089
$718
$371
"
PO4
4
$1,278
$791
$487
"
P05
5
$1,470
$1,159
$311
"
P06
6
$1,660
$1,485
$175
Plan Review, New, Onsite
P07
1
$804
$620
$184
"
P08
2
$994
$775
$219
"
P09
3
$1,183
$991
$192
"
P10
4
$1,375
$1,097
$278
"
P11
5
$1,755
$1,616
$139
"
P12
6
$2,039
$2,086
-$47
Plan Review, New, Offsite
P13
1
$756
$500
$256
"
P14
2
$948
$614
$334
"
P15
3
$1,138
$775
$363
"
P16
4
$1,326
$856
$470
"
P17
5
$1,516
$1,267
$249
P18
6
$1,707
$1,625
$82
Plan Review, Rev, Sewer
R01
1
$518
$358
$160
R02
2
$710
$440
$270
R03
3
$900
$553
$347
R04
4
$1,089
$614
$475
R05
5
$1,278
$893
$385
R06
6
$1,470
$1,143
$327,
R07
1
$615
$481
$134
R08
2
$804
$596
$208
R09
3
$994
$758
$236
R10
4
$1,183
$842
$341
City of Santa Clarita
Proposed Industrial Waste Program Fees*
L.A.
County City's
Fee Type Class Rate Current Rate
R11
5
R12
6
R13
1
R14
2
R15
3
R16
4
R17
5
R18
6
Closure Inspection C01 -C18 All
Site Remediation/Hr
Off-Hrs Inspection/Hr
Inspection, for which no fee is indicated
Additional Plan Review/Hr
Wastewater Sampling
Site Remedial and Cleanup Plan Review Initial Deposit
*Rates are based on Los Angeles County's fees for FY 2008-09.
Changes in fee amount would be concurrent to the County's change in fees.
Difference
$1,375
$1,248
$127
$1,755
$1,608
$147
$568
$358
$210
$756
$440
$316
$948
$553
$395
$1,138
$614
$524
$1,326
$893
$433
$1,516
$1,143
$373
$442
$159
$283
$98
$84
$14
$214
$135
$79
$277
$238
$39
$98
$84
$14
$277
$238
$39
$392
$0
$392
Y