HomeMy WebLinkAboutORD 20240
CITY OF CALDWELL, IDAHO
BILL N0. 11
ORDINANCE NO. 2024
By Councilman
Raymond
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO, AMENDING SECTION 3 -4 -6 BY
PROVIDING FOR THE PREPARATION, REVISION, AND SUBMISSION OF THE
POTW/USE AND MANAGEMENT PLAN WITHIN A REASONABLE TIME OF THE
PASSAGE OF THE ORDINANCE AND REVISIONS THEREOF AT REASONABLE TIMES
THEREAFTER; AND BY AMENDING SECTION 3 -4 -7 BY PROVIDING FOR THE
PREPARATION, REVISION, AND SUBMISSION OF THE ENFORCEMENT RESPONSE
PLAN DECLARING AN EMERGENCY AND PROVIDING FOR ITS IMMEDIATE EFFECT
UPON PASSAGE AND PROVIDING FOR THE APPROPRIATE PROCLAMATION FOR THE
MAYOR AND THE POSTING OF THE ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Section 3 -4 -6 of the Municipal Code of the
City of Caldwell be, and the same is hereby amended, to read as
follows:
3 -4 -6: POTW/USE AND MANAGEMENT PLAN; PROMULGATION:
The Public Works Director shall:
A. Within -l8e- days -of Within a reasonable period
subsequent to the passage of this ordinance
and from time to time thereafter, and no less
frequently than herein this Chapter required,
cause to be prepared and or revised and
submitted to the Authority (City Council) for
approval, a POTW /Use and Management Plan which
shall include, in addition to the provisions
set forth in the definition hereinabove
contained, a facilities plan and the criteria
for which wastewater discharge permit /special
agreement permit /monitoring, inspection and
surveyance charges and fees are computed and
determined;
B. by first by giving notice to any permittee,
Significant Industrial User, and any known
potentially affected User (except a
domestic /residential User), of the intent to
1
•
prepare
POTW /Use
thereof
subject
and submit to
the Authority the
and Management Plan or revision
and to specify in the notice the
area of the proposal; and
C. by then preparing a draft of the POTW /Use and
Management Plan or revision thereof, and
giving notice to any permittee, Significant
Industrial User and any known potentially
affected User (except a domestic /residential
User), who will be required by the Plan to be
permitted and /or required to have a special
agreement for discharge into POTW and by
providing a copy of the draft and providing
for the receipt of comment either written or
oral within thirty (30) days of the date of
mailing of said notice; and
D. by then holding one (1) public hearing upon ten
(10) days prior notice of hearing published in the
official paper of the City and mailed to any
permittee, Significant Industrial User (except a
domestic /residential User), and any known
potentially affected User (except a
domestic /residential User) for the receipt of
testimony on the proposed draft by the Public Works
Director prior to the submission to the Authority
(City Council) for approval.
Section 2. That Section 3 -4 -7 of the Municipal Code of the
City of Caldwell be, and the same is hereby amended, to read as
follows:
3 -4 -7: ENFORCEMENT RESPONSE PLAN; PROMULGATION: The
Public Works Director shall:
A. Within-- 1-8 , &- - dey6s- -ef Within a reasonable period
subsequent to the passage of this ordinance and
from time to time thereafter, and no less
frequently than herein this Chapter required, cause
to be prepared and or revised and submitted to the
Authority (City Council) for approval, an
Enforcement Response Plan which shall be designed
to regulate how the Public Works Director
determines the appropriate response to a specific
violation of this Ordinance or any permit or
special agreement issued pursuant to this
Ordinance. The Enforcement Response Plan shall
include the enforcement responses that may be
appropriate in relation to the nature and severity
of the violation and overall degree of
noncompliance and provide a guide to encourage the
2
uniform application of enforcement responses to
comparable levels and types of violations;
B. by first giving notice to any permittee,
Significant Industrial User, and any known
potentially affected User, (except a
domestic /residential User), of the intent to
prepare and submit to the Authority the Enforcement
Response Plan or revision thereof and to specify in
the notice the subject area of the proposal; and
C. by then preparing a draft of the Enforcement
Response Plan or revision thereof, and giving
notice to any permittee, Significant Industrial
User and any known potentially affected User
(except a domestic /residential User), who will be
required to be permitted and /or required to have a
special agreement for discharge into POTW and by
providing a copy of the draft and providing for the
receipt of comment either written or oral within
thirty (30) days of the date of mailing of said
notice; and
D. by then holding one (1) public hearing upon ten
(10) days notice of hearing published in the
official paper of the City and mailed to the
permittee, Significant Industrial User and any
known potentially affected User (except a
domestic /residential User), for the receipt of
testimony on the proposed draft by the Public Works
Director prior to the submission to the Authority
(City Council) for approval.
Section 3. That by reason of the fact that it is 180 days
subsequent to the date of passage of Ordinance No. 1997 of which
the above referenced sections of this Ordinance amend, there is a
need for immediate enforcement and applicability of this amendment
and the Mayor is hereby directed to proclaim the immediate
enforcement and to cause the same to be posted in at least five ( 5 )
public places in the City of Caldwell in accordance with Idaho Code
Section 50 -109.
Section 4. EFFECTIVE DATE:
force and effect from and after
City Clerk is directed to publi
law.
PASSED BY the City Council
this 4th day of April
This Ordinance shall be in full
its passage and approval and the
sh said Ordinance as provided by
of the City of Caldwell, Idaho,
,1994.
APPROVED BY the Apri r1 yor of the City of Caldwell, Idaho, this
4th day of , 1994.
APPROVED:
1 ��z
Mayor
ATTEST:
City Cler
4