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HomeMy WebLinkAboutOCSD 98-14RESOLUTION NO. OCSD 98-14 ADOPTING RULES OF PROCEDURE FOR PERMIT SUSPENSION, PERMIT REVOCATION, ADMINISTRATIVE CIVIL PENAL TIES, APPEALS, AND OTHER ADMINISTRATIVE PROCEEDINGS BEFORE THE GENERAL MANAGER PURSUANT TO DISTRICT ORDINANCE NO. OCSD-01, ESTABLISHING WASTEWATER DISCHARGE REGULATIONS A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING RULES OF PROCEDURE FOR PERMIT SUSPENSION, PERMIT REVOCATION, ADMINISTRATIVE CIVIL PENAL TIES, APPEALS AND OTHER ADMINISTRATIVE PROCEEDINGS BEFORE THE GENERAL MANAGER PURSUANT TO DISTRICT ORDINANCE NO. OCSD-01, ESTABLISHING WASTEWATER DISCHARGE REGULATIONS WHEREAS, the District has adopted Ordinance No. OCSD-01, Establishing Wastewater Discharge Regulations; and, WHEREAS, said Ordinance No. OCSD-01, Article 6, establishes detailed enforcement provisions to insure compliance with all the rules and requirements for discharges to the District's system; and, WHEREAS, said Ordinance No. OCSD-01 provides for the suspension or revocation of industrial waste discharge permits by the General Manager for violation of the District's Ordinance, and further provides for the General Manager to hear appeals of decisions by the District's Staff; and, WHEREAS, for the proper conduct of administrative proceedings, rules of procedure should be established. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: The Rules of Procedure for Permit Suspension, Permit Revocation, Administrative Civil Penalties and Other Administrative Proceedings before the General Manager Pursuant to Sections 604, 605, 615.D and 617 of the District's Ordinance No. OCSD-01 Establishing Wastewater Discharge Regulations, attached hereto as Exhibit "A", dated July 1, 1998, are hereby approved and adopted. 2090-300 64947_1 1 Still in effect - Reference to Ordinance OCSD-01 repealed See OCSD-53 Section 2 The Rules of Procedure for Administrative Proceedings Relating to Emergency Suspension Orders Before the General Manager Pursuant to Section 613 of the District’s Ordinance No.OCSD-O1 Establishing Wastewater Discharge Regulations,attached hereto as Exhibit “B”,dated July 1,1998,are hereby approved and adopted. Section 3 This Resolution shall become effective upon adoption. PASSED AND ADOPTED at a Special Meeting held July 1,1998. Chair ATTES Bo~4cra~9 2090-300 64947 1 2 EXHIBIT “A RULES OF PROCEDURE FOR ADMINISTRATIVE PROCEEDINGS BEFORE THE GENERAL MANAGER OR HIS DESIGNEE July 1,1998 I RULES OF PROCEDURE FOR PERMIT SUSPENSION, PERMIT REVOCATION,ADMINISTRATIVE CIVIL PENALTIES AND OTHER ADMINISTRATIVE PROCEEDINGS BEFORE THE GENERAL MANAGER PURSUANT TO SECTIONS 604,605,615.D AND 617 OF THE DISTRICT’S ORDINANCE NO.OCSD-01 ESTABLISHING WASTEWATER DISCHARGE REGULATIONS These Rules are intended to govern the administrative proceedings relating to permit suspension,permit revocation and administrative civil penalties,as provided in Sections 604,605 and 615.D,and all other administrative proceedings before the General Manager (or his designee)of the Districts,including those provided pursuant to Section 617 of District Ordinance No.OCSD-01,Establishing Wastewater Discharge Regulations (“Ordinance”)of the Orange County SanitatiOn District. The parties to the administrative proceedings are advised that the purpose of the review by the General Manager is to determine,by examination of the record submitted at the hearing,whether the Districts’Staff (“Staff’)decision is supported by a preponderance of the evidence.Parties to the proceeding may,if they choose,be represented by legal counsel.The Permittee,Appellant,’or its representative,and the Staff or its representative,shall each be entitled to present their respective positions, all in accordance with the following Rules of Procedure.For the purposes of these Rules,reference to the masculine gender includes the feminine,and reference to the Permittee shall include the Appellant. The terms “Permittee”and “Appellant”as used herein include any person or entity subject to administrative proceedings before the Districts. 2 The following Rules shall apply to all administrative proceedings before the General Manager or his designee,either of which is hereinafter referred to as the Hearing Officer,including proceedings brought pursuant to Sections 604,605,615.0 and/or 617 of the Ordinance: 1.No later than fifteen (15)calendar days prior to the date set for the hearing,the Staff shall serve on the Permittee and file with the Hearing Officer the following: A.A brief,but complete,report or memorandum in support of the facts and any legal points and authorities upon which the Staff will rely; B.Copies of all documentary evidence to be submitted into the record in support of Staffs position. 2.No later than eight (8)calendar days before the hearing,Permittee or his representative shall serve upon Staff and file with the Hearing Officer: A.A brief,but complete,report,memorandum,or response in support of the facts and any legal points and authorities upon which he will rely; B.Copies of all documentary evidence to be submitted into the record in support of the Permittee’s position. 3.Staff shall have the right to submit evidence in reply to Permittee’s positions in written form no later than two (2)days prior to the hearing,which evidence shall be served upon the Permittee and filed with the Hearing Officer. 3 4.Each party to the proceedings shall provide five (5)complete copies of all documents to be submitted for the record,which shall be served on the Hearing Officer as set forth in Sections 1,2 and 3 above. 5.Factual contentions of both the Staff and Permittee involved in the hearing shall be presented,heard,and determined based upon the evidence submitted (including documents,photographs,etc.)and the oral arguments presented at the hearing.Any person that has filed evidence as part of the record shall be present at the hearing and subject to questioning under oath. 6.The Hearing Officer may direct questions to any person present at the hearing that has presented evidence for the hearing,or to the Permittee,or its representative,or to Staff,or its representative. 7.If the hearing date is continued for any reason,the order of continuance shall provide the new dates,if necessary,that the Permittee’s and Staffs papers are due to be filed with the Hearing Officer.A continuance shall also extend the date for the Hearing Officer to make a final ruling by the same period of time as the extension. 8.If,in the sole discretion of the Hearing Officer,a hearing date is required immediately in order to avoid a delay in the implementation of orders alleged to be necessary to protect the public health or safety or to avoid serious endangerment to the Districts’facilities or the environment,he may serve notice on both the Permittee and the Staff of his emergency order affirming,on an interim basis,the Staff decision and order and setting a hearing with an accelerated schedule of dates for filing the written documentation,in place of the dates set forth in Sections 1,2 and 3 above. 4 9.The hearing need not be conducted according to technical judicial rules relating to evidence and witnesses.Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs,regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence,but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.The rules of privilege shall be effective to the same extent that they are now,or hereafter may be,recognized in civil actions,and irrelevant and unduly repetitious evidence shall be excluded. 10.Papers not timely filed by a party,including any memorandum or other papers required to be filed under these Rules,may,at the Hearing Officer’s discretion, not be considered.The Permittee,and/or its representative,and the Source Control Manager,and/or his representative,shall be present on the hearing date to provide informed discussion and argument on the subject of the hearing. II.The testimony shall be recorded by means of either a tape recording or a certified court reporter. 12.The Hearing Officer shall decide all questions of procedure and evidence. 13.The format for the hearing shall be as described below,but may at the discretion of the Hearing Officer be modified as necessary to guarantee that all relevant information may be considered: 5 A.Call to Order B.Introductions of Parties Present C.Presentation by Staff D.Presentation by Permittee E.Questions by the Hearing Officer F.Final Statement by Staff G.Final Statement by Permittee H.Close Hearing 14.Within thirty (30)days following the conclusion of the hearing,the General Manager shall make his determination and issue his written decision and order. 15.These Rules of Procedure are established pursuant to the authority provided by the Districts’Wastewater Discharge Regulations,Sections 604.B.1, 605.B.1,615.D.3 and 617.C of Ordinance No.OCSD-01. 16.All prior Rules of Procedure governing the conduct of administrative proceedings referred to herein are hereby rescinded. AJ9ROVED AS T~FORM: ~, /THOMAS L.WOODRUFF / GENERAL COUNSEL GENERAL MANAGER 6 EXHIBIT “B RULES OF PROCEDURE FOR ADMINISTRATIVE PROCEEDINGS FOR EMERGENCY SUSPENSION ORDERS July 1,1998 I RULES OF PROCEDURE FOR ADMINISTRATIVE PROCEEDINGS RELATING TO EMERGENCY SUSPENSION ORDERS BEFORE THE GENERAL MANAGER PURSUANT TO SECTION 613 OF THE DISTRICT’S ORDINANCE NO.OCSD-O1 ESTABLISHING WASTEWATER DISCHARGE REGULATIONS These Rules are intended to govern the administrative proceedings before the General Manager (or his designee)of the Districts relating to Emergency Suspension Orders issued pursuant to Section 613 of District Ordinance No.OCSD-O1, Establishing Wastewater Discharge Regulations (“Ordinance”)of the County Sanitation Districts of Orange County,California. The parties to the administrative proceedings are advised that the purpose of the review by the Genera!Manager is to determine,by examination of the record submitted at the hearing,whether the issuance of the Emergency Suspension Order is supported by a preponderance of the evidence.Parties to the proceeding may,if they choose,be represented by legal counsel.The Permittee,Appellant,1 or its representative,and the Staff or its representative,shall each be entitled to present their respective positions, all in accordance with the following Rules of Procedure.For the purposes of these Rules,reference to the masculine gender includes the feminine,and reference to the Permittee shall include the Appellant. The following Rules shall apply to all administrative proceedings before the 1 The terms “Permittee”and “Appellant”as used herein include any person or entity subject to administrative proceedings before the Districts. 2 General Manager or his designee,either of which is hereinafter referred to as the Hearing Officer,brought pursuant to Section 613 of the Ordinance: 1.No later than forty-eight (48)hours preceding the time set for the hearing, the Staff shall serve on the Permittee and file with the Hearing Officer the following: A.A brief,but complete,report or memorandum in support of the facts and any legal points and authorities upon which the Staff will rely; B.Copies of all documentary evidence to be submitted into the record in support of Staffs position. 2.No later than 5:00 p.m.on the day immediately preceding the hearing,the Permittee or his representative shall serve upon Staff and file with the Hearing Officer: A.A brief,but complete,report,memorandum,or response to the Staffs position and documentation,and any legal points and authorities upon which he will rely; B.Copies of all documentary evidence to be submitted into the record in support of the Permittee’s position. 3.Each party to the proceedings shall provide five (5)complete copies of all documents to be submitted for the record,which shall be served on the Hearing Officer as set forth in Sections 1 and 2 above. 4.Factual contentions of both the Staff and Permittee involved in the hearing shall be presented,heard,and determined based upon the evidence submitted (including documents,photographs,etc.)and the oral arguments presented at the hearing.Any person that has filed evidence as part of the record shall be present at 3 the hearing and subject to questioning under oath. 5.The Hearing Officer may direct questions to any person present at the hearing that has presented evidence for the hearing,or to the Permittee,or its representative,or to Staff,or its representative. 6.If the hearing date is continued for any reason,the order of continuance shall provide the new dates,if necessary,that the Permittee’s and Staffs papers are due to be filed with the Hearing Officer.A continuance shall also extend the date for the Hearing Officer to make a final ruling by the same period of time as the extension. 7.The hearing need not be conducted according to technical judicial rules relating to evidence and witnesses.Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs,regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence,but shaU not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.The rules of privilege shall be effective to the same extent that they are now,or hereafter may be,recognized in civil actions,and irrelevant and unduly repetitious evidence shall be excluded. 8.Papers not timely filed by a party,including any memorandum or other papers required to be filed under these Rules,may,at the Hearing Officer’s discretion, not be considered.The Permittee,and/or its representative,and the Source Control 4 Manager,and/or his representative,shall be present on the hearing date to provide informed discussion and argument on the subject of the hearing. 9.The testimony shall be recorded by means of either a tape recording or a certified court reporter. 10.The Hearing Officer shall decide all questions of procedure and evidence. 11.The format for the hearing shall be as described below,but may at the discretion of the Hearing Officer be modified as necessary to guarantee that all relevant information may be considered: A.Call to Order B.Introductions of Parties Present C.Presentation by Staff D.Presentation by Permittee E.Questions by the Hearing Officer F.Final Statement by Staff G.Final Statement by Permittee H.Close Hearing 12.Within two (2)business days following the conclusion of the hearing,the General Manager shall make his determination and issue his written decision and order.The decision of the General Manager shall be final and not appealable. I 3.These Rules of Procedure are established pursuant to the authority provided by the Districts’Wastewater Discharge Regulations,Section 613.B of 5 Ordinance No.OCSD-O1. 14.All prior Rules of Procedure governing the conduct of administrative proceedings referred to herein are hereby rescinded. DONALD F.McINTYRfr” GENERAL MANAGER App7~edAsToFo~n: /L.WOODRUFF /GENERAL COUNSEL 6