HomeMy WebLinkAboutOrdinances - No. 1647ORDINANCE NO. 1647
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODl
BY ADDING CHAPTER 8.22, RELATING TO THE DECLARATION OF NUISANCES
AS TO SPECIFIC HAZARDOUS CHEMICALS
AMENDING TITLE 8 - HEALTH AND SAFETY OF THE LODl MUNICIPAL CODE
CHAPTER 8.22
NOW THEREFORE the City Council of the City of Lodi does ordain as follows
Sections:
8.22.010 Declaration of a Nuisance.
8.22.020 Definitions.
8.22.030 Nuisance.
Section 8.22.010 - Declaration of a Nuisance:
Significant quantities of Hazardous Substances have come to be located and
further threaten to become located in the soil and groundwater in and emanating from
the City of Lodi; and
The City of Lodi has commenced, in cooperation with other governmental
agencies having concurrent jurisdiction and authority, an investigation into the nature
and extent of the impacts on human health, welfare and the local environment resulting
from Hazardous Substance contamination of the soil and groundwater in and emanating
from the City of Lodi; and
The Hazardous Substance contamination of the soil and groundwater in and
emanating from the City of Lodi causes or threatens to cause significant and
unacceptable impacts on the human health, welfare, public resources and environment
for present and future generations of the local community; and
The City Council, the duly elected legislative body of the City of Lodi, has met
and duly enacted the following Declaration of Nuisance, pursuant to its authority under
the California Constitution, the California Government Code, specifically including but
not limited to California Government Code 538771;
8.22.20 - Definitions:
Whenever used in this Ordinance, the following terms shall have the meanings
set forth below:
(a) The term "Discharge" shall mean the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying, dumping, depositing,
disposing, or placing of Hazardous Substances, or any constituent
thereof, into or on the Environment.
(b) The term “Domestic Source” shall mean emanating or originating from a
household or residence, and shall specifically not include hotels, motels,
or facilities the principal residential use of which is for industrial or
commercial, for-profit purposes.
The term “Environment” shall mean any surface water, ground water, soil
water, drinking water supply, soil, land surface, or subsurface strata, or
ambient air within, under the jurisdiction of, or affected by conditions
emanating from the City of Lodi.
The term “Hazardous Substances” shall mean the following:
(1) Tetrachloroethene (PCE), Trichloroethene (TCE), 1,l ,I-
Trichloroethane (l,l,l-TCA), 1.1-Dichloroethene (1 ,I DCE), cis
1,2-Dichloroethene (c-I ,2 DCE), 1,2-Dichloroethane (1,2 DCA),
1 ,I-Dichloroethane (1 ,I, DCA), Benzene, Toluene, Ethylbenzene,
Xylene, Chromic Acid, Hexavalent Chromium,
Bromodichloromethane, Carbon Tetrachloride, Chloroethane
(Ethyl Chloride), Chloromethane (Methyl Chloride),
Dibromochloromethane, 1,4-Dichlorobenzene,
Dichlorodifluoromethane, Dichloromethane, trans-I ,2-
Dichloroethene, 1,2,3,-Trichloropropane, and Chloroethene (Vinyl
Chloride); and
Such other materials as are included within the definitions set
forth in:
(c)
(d)
(2)
(A) 42 U.S.C. § 9601(14) of the Comprehensive
Environmental Response, Compensation and Liability Act
of 1980, as amended by the Superfund Amendments and
Reauthorization Act of 1986, Pub.L. 99-499, 100 Stat.
1613, and as further amended by the Asset Conservation,
Lender Liability, and Deposit Insurance Protection Act of
1996, Pub.L. 104-208, 110 Stat. 3009, 42 U.S.C. 55
9601-9675;
(B) 42 U.S.C. § 6904(5) of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act
of 1976, as further amended by the Hazardous and Solid
Waste Amendments of 1984, and as further amended by
the Asset Conservation, Lender Liability, and Deposit
Insurance Protection Act of 1996, Pub.L. 104-208, 110
Stat. 3009, 42 U.S.C. §§ 6901 - 6992k (hereinafter
collectively “RCRA”);
RCRA Section 9001(8), 42 U.S.C. 5 6991(8);
Section 307(a) of the Federal Water Pollution Control Act,
as amended by the federal Clean Water Act, 33 U.S.C. §
1317(a), and its implementing regulations;
(C)
(D)
.’ 0
(E) Section 2701(23) of the federal Oil Pollution Act of 1990,
33 U.S.C. § 2701(23);
Section 112(6) of the federal Clean Air Act, 42 U.S.C.
§ 7412(6);
(F)
(G) Section 25299.22 of the California Health and Safety
Code:
(3) any radioactive material; and
(4) any other substance, as determined by the City Council of the City
of Lodi, which poses or may pose a threat to the human health,
welfare, public resources or the environment within, or under the
jurisdiction of, the City of Lodi.
(e) The term “Unpermitted” shall mean other than as expressly authorized by
valid permit or similar express authorization issued by a federal, state,
county, city or other governmental unit or agency acting within its
jurisdiction, which permit or other similar express authorization allows the
presence of Hazardous Substances in the Environment where they are
located or threaten to become located.
The term “Unregulated shall mean other than as expressly authorized by
federal, state, county, city or other duly promulgated and valid statute,
ordinance, regulation, rule or other legislative enactment or duly authorized
and validly promulgated administrative requirement of a governmental
agency acting within its jurisdiction which enactment or administrative
requirement expressly allows the presence of Hazardous Substances in the
Environment where they are located or threaten to become located.
(9
Section 8.22.030 - Nuisance:
(a) The Unpermitted or Unregulated presence, resulting from ether than a
Domestic Source, of a Hazardous Substance in the Environment or in a
location where it may threaten to enter into the Environment is a public
nuisance.
(b) Any permit, regulation, rule or other governmental authorization to
discharge a Hazardous Substance into or otherwise place a Hazardous
Substance in a pipe, lateral, sewer, manhole, or other conveyance shall
neither be nor constitute either a permitted presence or regulated presence
within the meaning of Paragraphs I(e) or (9, respectively, unless that
regulation, permit, rule or other governmental authorization expressly
authorizes, in the valid exercise of jurisdiction by the governmental
authority that promulgated or issued the authorization, the discharge of that
Hazardous Substance into the Environment where it has become located
or threatens to become located, and unless all such discharges or
placements of Hazardous Substances were in strict compliance with all of
the terms, conditions and requirements of the regulation, permit, rule or
other authority authorizing the discharge or placement of the Hazardous
Substances into the Environment.
No Mandatoiy Duty of Care, This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or
employee thereof, a mandatory duty of care towards persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
Severabilitv, If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City
Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
This ordinance shall be published one time in the "Lodi News Sentinel", a daily
newspaper of general circulation printed and published in the City of Lodi and shall be in
force and take effect thirty days from and after its passage and approval.
Approved this 16th day of April, 1997
PHILLIP A. PENNINO
Mayor
Attest:
State of California
County of San Joaquin, ss
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1647 was introduced at a regular meeting of the City Council of the City of Lodi held
April 2, 1997, and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held April 16, 1997 by the following vote:
Ayes: Council Members - Land, Mann, Sieglock, Warner
and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
I further certify that Ordinance No. 1647 approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
Approved as to Form:
RANDALL A. HAYS
City Attorney