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Home My WebLink AboutCC Ord 835 1971-02-01 . - I ORDINANCE NO..N AN ORDINANCE OF THE CITY OF SEAL BEACH PRomBITING POLLUTION OF SEAL BEACH OCEAN AREA AND PRO- mBITING CERTAIN POLLUTION-PRONE BUSINESS ACTIVITIES WITHIN SEAL BEACH OCEAN AREA WITHOUT OR IN VIOLA TION OF TERMS OF POLLUTION PREVENTION CERTIFICATE FROM SEAL BEACH CITY COUNCIL; PRESCRIBING PENA L TIES FOR VIOLA TIONS THEREOF, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1, Legislative Findings and Declarations The City Council of the City of Seal Beach finds and declares: (a) The National Environmental Policy A ct and the California State Environmental Quality Act of 1970 recognize the urgent public policy considerations involved in maintaining a high quality environment and the immediate necessity of developing effective policies and practices in the management of natural resources and waste disposal in order to prevent, control and minimize environmental pollution. I (b) Pollution of the area of the Pacific Ocean situated within the territorial limits and boundaries of the City of Seal Beach presents a direct, immediate and serious hazard to the health, safety and general welfare of the citizens and inhabitants of the City of Seal Beach. (c) A January, 1971 incident in the San Francisco Bay demonstrated that the operation of seagoing oil tanker ships creates an extraordin- ary risk of ocean pollution, A January, 1969 incident in the Santa Barbara Channel demonstrated that the operation of off-shore oil wells creates an extraordinary risk of ocean pollution. (d) The conduct of any pipeline business activ.ity and the conduct of any transportation or disposal at sea of industrial or commercial waste business activity within or upon the Seal Beach Ocean Area creates an extraordinary risk of ocean pollution, (e) The conduct of any commercial or sports fishing boat business activity discharging human waste into the Seal Beach Ocean Area creates an extraordinary risk of ocean pollution, Section 2, Pollution of Ocean Prohibited I No person shall place, throw, discharge, divert, dump or deposit any crude oil, refined oil, waste oil, by-product of oil, rotary mud, drill' cuttings, oil well waste, gasoline, distillate, other petroleum products or hydrocarbon, industrial waste material, commercial waste material or human waste mat- erial into or upon or within the territorial limits and boundaries of the City of Seal Beach lying within the Pacific Ocean (herein Seal Beach Ocean A rea) which is specifically described as follows: That part and portion of the territorial limits and boundaries of the City of Seal Beach situated and lying seaward from the mean high tide line of the Pacific Ocean, and extending seaward from said line a distance of three (3) miles as shown in the Seal Beach Incor- poration by order of the Board of Supervisors of the County of Orange made October 25,1915. -1- I I I . Ordinance Number . Section 3. Conduct of Pollution-Prone Business Activities Within Seal Beach Ocean Po rea Without, Or In ViolatlOn Of Terms Of, Pollution PreventlOn Certificate Prohibitecl, No person shall conduct any pipeline, seagoing oil tanker shipping, off- shore oil well, commercial or sports fishing boat discharging human waste into ocean, or commercial or industrial waste transportation or disposal at sea business activity within the Seal Beach Ocean A rea with- out first having obtained from the Seal Beach City Council a Pollution Prevention Certificate for that business activity, nor shall any person conduct any such business activity within said Seal Beach Ocean A rea in violation of any condition, restriction or limitation imposed by such Pollution Prevention Certificate, Section 4, Pollution Prevention Certificate Every Pollution Prevention Certificate promulgated by the City Council hereunder shall make separate findings of fact concerning each business activity which an applicant conducts or propos es to conduct within the Seal Beach Ocean Area in relation to: ' (a) The environmental impact of the business activity. (b) Any measures in mitigation proposed by applicant to minimize that environmental impact, (c) A ny other known measures in mitigation to minimize that environ- mental impact. (d) The adverse environmental effect which cannot be avoided if the proposed business activity is implemented, (e) A ny irreversible environmental change which would result from the proposed business activity. (f) A 11 available alternatives to the implementation of the proposed business activity, Each such Pollution Prevention Certificate shall set forth such reasonable conditions, limitations and restrictions upon the applicant's business activities within the Seal Beach Ocean Area as, in the judgment and dis- cretion of the City Council, will, or will tend to, reduce and minimize the risk and danger of ocean pollution and adverse environmental impact-from such business activity without unduly or unreasonably restricting, curtail- ing or interferring with the applicant's right to conduct and carryon its lawful bushess activities within saidSeal Beach Ocean Area. C::ection 5, A plication For Pollution Prevention Certificate, earing, roce ure, ppea Every person who operates, or proposes to operate any pipeline, seagoing oil tanker shipping, off-shore oil well, commercial or sports fishing boat discharging human waste into ocean, or commercial or industrial waste transportation or disposal at sea business activity within the Seal Beach Ocean Area shall first make written application to the Seal Beach Environ- mental Quality Control Board (herein Board) for a Pollution Prevention Certificate. Said application shall be in such form, and shall be accompanied by such scientific, engineering and ecological data, information and reports as the Board shall require, The Board shall then give at least 10 days ad- vanced written notice to the applicant and thereafter conduct a public hearing into the matter, and shall, at said public hearing, permit the applicant as well as any other interested person, including any recognized responsible conservation group, to offer evidence and to present data, information and reports and to make any recommendations and suggestions as to any reason- able conditions, restrictions or limitations that might be imposed upon applicant's business activities or proposed business activities within the -2- I I I , " . , Ordinance Number . . Seal Beach Ocean A rea for the purpose of eliminating or minimizing the risk and danger of ocean pollution and adverse environmental impact resulting from such business activities. Applicant shall be entitled to be present and to participate fully in such hearing, to be represented by counsel, to cross examine any adverse witness and to rebut any adverse evidence, data, information, report, suggestion or recommendation proffered by any other person, The Board may, upon its own motion, request, obtain and consider other independent scientific engineering and ecological reports and recommendations prepared by qualified experts or authorities in the field, provided, however, applicant shall likewise be entitled to rebut any such reports and recommendations considered by the Board. After the conclusion of such hearing, the Board shall prepare and transmit to the City Council its recommendations with respect to the find- ings of fact and the conditions, restrictions and limitations to be included in the applicant's Pollution Prevention Certificate. The City Council, without any further public hearing, may adopt any or all of the recommend- ations of the Board and may impose any conditions, restrictions and limita- tions upon applicant's business activities which are not more restrictive or burdensome to applicant than those recommended by the Board, Before the City Council may impose any condition, restriction or limitation that is more restrictive or burdensome to applicant than those recommended by the Board, the City Council shall first conduct a trial de novo hearing into the application and provide applicant with all of the procedural rights and safeguards allowed in the Board hearing. The decision of the City Council with respect to any condition, restriction or limitation imposed in any Pollution Prevention Certificate shall be final and conclusive and subject only to judicial review as in an administrative mandamus proceedingll Section 6. Penalties For Violations Every person, whether acting as a principal, employer, agent, employee or otherwise, who violates any of the provisions of this Ordinance; or who authorizes, conducts or allows any restricted business activity to be con- ducted within the Seal Beach Ocean A rea without, or in violation of the terms of, a Pollution Prevention Certificate shall be guilty of a misde- meanor and upon conviction thereof shall be punished by a fine of not more than $500, 00 or by imprisonment for not more than six months, or by both such fine and imprisonment, Every person shall be deemed guilty of a separate offense for each day during any portion of which such violation or prohibited activity is continued, committed, authorized, allowed or permitted to continue. Section 7, Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or the application thereof to any person, firm, corporation or circumstance, 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 of the City of Seal Beach hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more section, subsection, sentence, clause, phrase or portion be declared in- valid or unconstitutional. Section 8, Urgency and Immediate Effectiveness This Ordinance shall take effect and be in force immediately upon its adop- tion as an emergency ordinance and the facts constituting its urgency are as follows: Maintenance of a clean, high quality, pollution free Pacific Ocean area adjoining the City of Seal Beach is essential to safeguarding -3- . I I I . . . Ordinance Number . . . .. " . the quality of life and protecting the health, safety and general welfare of the citizens and inhabitants of Seal Beach, The continuing pollution, and the continued threats and dangers of further pollution of the ocean by the pollution-prone business activities enumerated creates an im- mediate risk and danger that the quality and the purity of the ocean ad- joining Seal Beach may be destroyed. That risk and danger may be averted only by the immediate enactment and implementation of restric- tions and safeguards upon those pollution-prone business activities as will tend to minimize the risk of further pollution of said ocean area adjoining Seal Beach. Section 9, Posting By City Clerk The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause the same to be posted as required by law, . PASSED, APPROVED and ADOPTED hi IS-- day 0 ,197-i. ATTEST: ~J~ ~ ~ -- ...... STATE OF CALIFORNIA) ) ss. County of Orange ) I, Jerdys Weir, City Clerk of the City of Seal Beach, hereby certify that the foregoing ordinance was adopted, passed, and approved by the .!-I- City Coypcil of the City of Seal Beach at a meeting thereof held on the I day o(~~ ,1971-- by the following vote: AYES: councilmen~~~.t.lu<<_. ~.~~~ ~.J_ --' NOES: Councilmen '-?71J _ 1-._ ABSENT: Councilmen ~, . VACANCY: Councilmen Afl.... .I ....... I, :.JEr:DYS \A/::-!~ ('~TY r,1 r.~I{ r - ..,..~ 'I";' ......../ (v: ~I:'AL BEArl.' r"'!') ,._. __., p. - - _' ". '. .1........ ....1, I.'. '. \. ,i.. .'.' I'~-;- .-.,-. -~~,-""'!\IG ORt""\H ... _ .." 1.' .''':,-,I~ l.:f' "I ,..... ,.. ~ ,..... ....- .......,. " r MO' ~- ,....... t7'~,-- A.~';/ .... ,............ "'1. ..:_~: _. _.... . . -: t:.J._4_.,a,;;:a NI.. \.ft.S. ......... r, ~ ',,' , ,.' r,'l:-:'III'\'C- - ..... ... u - " 1"1 i:. NO -'7-"~"'- . .... ~-d. -")/. '"-r" _.H:.....:. II.:':' __.~_____mml::\V O:-~~ .!L2L_._,._..~~Z2u, CITY CLERK -4-