Anderson Municipal Code Ch. 13.80 Permits, Fees and Charges

Footnotes:

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Note— Prior ordinance history: Ords. 318, 339, 348, 412, 448, 504, 528, 555 and 619.

It is the purpose of this chapter to provide for the recovery of costs from users of the city's wastewater disposal system for the implementation of the program established herein. The applicable charges of fees shall be set forth in the city's schedule of charges and fees.

(Ord. 627A § 1 (part), 1994)

A. It is unlawful for any person to place, discharge or dispose of any material, solid or liquid, into the sewer system, or any part thereof, without first having a permit from the city for a sewer connection.

B. Sewer connection permits will be issued to only one party for one property on which a building permit or mobilehome permit has been applied for with the department and are not transferable or saleable.

C. No substance shall be placed, discharged or disposed of in the sewer system except substances of waste materials originating on the premises to which a sewer connection permit has been issued.

(Ord. 627A § 1 (part), 1994)

A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the public works department, except that a significant industrial user that has filed a timely application pursuant to subsection D of this section may continue to discharge for the time period specified therein.

B. The department may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this division.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this division and subjects the wastewater discharge permittee to the sanctions set out in Chapter 13.88 of this division. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

D. Wastewater Discharge Permitting.

1. Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this division and who wishes to continue such discharges in the future, shall, within thirty days after said date, apply to the department for a wastewater discharge permit in accordance with Section 13.80.030 of this chapter, and shall not cause or allow discharges to the POTW to continue after sixty days of the effective date of the ordinance codified in this division except in accordance with a wastewater discharge permit issued by the department.

2. New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 13.80.030 of this chapter, must be filed at least thirty days prior to the date upon which any discharge will begin or recommence.

(Ord. 627A § 1 (part), 1994)

A. Any person seeking to connect to the city sewer system shall file with the department an application in the form prescribed by the department, and accompanied by the applicable fees, set forth in Section 13.80.180, Wastewater discharge permit application fees. The applicant may be requested to submit the following information:

1. Name, address and telephone number of applicant;

2. Address and/or location of property to be served;

3. Plot plan showing floor plan and plumbing plan, size of line and elevations;

4. Encroachment permit read and date issued.

B. All users required to obtain a wastewater discharge permit must submit a permit application. The department may require all users to submit as part of an application the following information:

1. All information required by Section 13.80.120(A)(2) of this chapter;

2. Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

3. Number and type of employees, hours of operation and proposed or actual hours of operation;

4. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains and appurtenances by size, location and elevation, and all points of discharge;

5. Type and amount of raw materials processed (average and maximum per day);

6. Each product produced by type, amount, process or processes and rate of production;

7. Volume of wastewater to be discharged;

8. Time and duration of discharge;

9. Average and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

10. Standard Industrial Classification Number(s) (SIC Code(s)) for any/all industrial facilities;

11. Any other information as may be deemed necessary by the department to evaluate the waste-water discharge permit application.

C. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

D. In addition to the above requirements, procedures for updating information on existing industrial users requires that the industrial user notify the city of significant changes in process(es), discharge(s) and ownership. In some cases, these procedures will also include periodic reapplication of permitted industrial users and periodic completion of a questionnaire which helps to characterize the wastewater discharge of the industrial user.

E. When requested by the department, a user must submit information on the nature and characteristics of its wastewater within ten working days of the request. The department is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. 627A § 1 (part), 1994)

All wastewater discharge permits and user reports must be signed by an authorized representative of the user and contain the following certification statement:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or other persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(Ord. 627A § 1 (part), 1994)

The department will evaluate the data furnished by the user and may require additional information. Within thirty days of receipt of a complete waste-water discharge permit application, the department will determine whether or not to issue a wastewater discharge permit. The department may deny any application for a wastewater discharge permit.

(Ord. 627A § 1 (part), 1994)

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the department to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.

A. Wastewater discharge permits must contain:

1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

2. A statement that the wastewater discharge permit is nontransferable in accordance with Section 13.80.130 of this chapter;

3. Effluent limits based on applicable pretreatment standards;

4. Self monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and

5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;

2. Requirements for the installation of pretreatment technology, pollution control or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works;

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

7. A statement that compliance with the waste-water discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

8. Other conditions as deemed appropriate by the department to ensure compliance with this division, and federal and state laws, rules and regulations.

(Ord. 627A § 1 (part), 1994)

The department shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the department to reconsider the terms of a wastewater discharge permit within fifteen days of notice of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

D. If the department fails to act within fifteen days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a waste-water discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Shasta County municipal court, Anderson branch, within fifteen days.

(Ord. 627A § 1 (part), 1994)

A. The department may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised federal, state or local pretreatment standards or requirements;

2. To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;

3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

4. Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel or the receiving waters;

5. Violation of any terms or conditions of the wastewater discharge permit;

6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR Section 403.13;

8. To correct typographical or other errors in the wastewater discharge permit.

B. In order to comply with Section 403.8(f)(2)(iii) of the General Pretreatment Regulations, the department will notify industrial users of recent changes or additions to national categorical standards, state standards, etc., by one of two mechanisms:

1. Mailing of such notifications to affected industrial users by certified mail with return-receipt requested (to confirm that the industrial user has been notified, in the event that formal enforcement action is necessary);

2. Timely amendments to the control mechanism (permit, contract, etc.) used. Such amendments, acknowledged by signature of a company official, ensure that the industrial user is aware of new regulations and significant regulatory modifications.

(Ord. 627A § 1 (part), 1994)

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in Section 13.80.030 and Section 13.80.060 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. 627A § 1 (part), 1994)

A. The department may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to notify the department of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the department of changed conditions pursuant to Section 13.80.120(E) of this chapter;

3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the department timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay sewer charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the wastewater discharge permit application;

12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

13. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this division.

B. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

C. Any permit issued in accordance with the provisions of this chapter shall be valid until revoked or suspended as provided for in this chapter and by the rules and regulations adopted as herein provided.

(Ord. 627A § 1 (part), 1994)

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.80.030 of this chapter, a minimum of one hundred eighty days prior to the expiration of the user's existing waste-water discharge permit.

(Ord. 627A § 1 (part), 1994)

A. Baseline Monitoring Reports.

1. Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Section 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the department a report which contains the information listed in subsection (A)(2) of this section. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the department a report which contains the information listed in subsection (A)(2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

2. Users described in subsection A of this section shall submit the information set forth below:

a. Identifying Information. The name and address of the facility, including the name of the operator and owner;

b. Environmental Permits. A list of any environmental control permits held by or for the facility;

c. Description of Operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

d. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR Section 403.6(e);

e. Measurement of Pollutants.

i. The categorical pretreatment standards applicable to each regulated process,

ii. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the department, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.80.140 of this chapter,

iii. Sampling must be performed in accordance with procedures set out in Section 13.80.140 of this ordinance;

f. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements;

g. Compliance Schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.80.120(B) of this chapter;

h. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 13.80.040 of this chapter.

B. Compliance Schedule Progress Reports.

The following conditions shall apply to the compliance schedule required by subsection (A)(2)(g) of this section:

1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts of major components, commencing and completing construction and beginning and conducting routine operation);

2. No increment referred to above shall exceed nine months;

3. The user shall submit a progress report to the department no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

4. In no event shall more than nine months elapse between such progress reports to the department.

C. Reports on Compliance with Categorical Pretreatment Standard Deadline.

1. Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of waste-water into the POTW, any user subject to such pretreatment standards and requirements shall submit to the department a report containing the information described in subsection (A)(2)(d) through (f) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR Section 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 13.80.040 of this chapter.

D. Periodic Compliance Reports.

1. All significant industrial users shall, at a frequency determined by the department but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 13.80.040 of this chapter.

2. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are not a good representation of its discharge.

3. If a user subject to the reporting requirements in this section monitors any pollutant more frequently than required by the department, using the procedures prescribed in Section 13.80.140 of this ordinance, the results of this monitoring shall be included in the report.

E. Reports of Changed Conditions. Each user must notify the department of any planned significant changes to the user's operation or system which might alter the nature, quality or volume of its wastewater at least thirty days before the change.

1. The department may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.80.030 of this chapter.

2. The department may issue a wastewater discharge permit under Section 13.80.050 of this chapter or modify an existing wastewater discharge permit under Section 13.80.080 of this chapter in response to changed conditions or anticipated changed conditions.

3. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants.

F. Reports of Potential Problems.

1. In the case of any discharge, including, but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the department of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

2. Within five days following such discharge, the user shall, unless waived by the department, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this division.

3. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (F)(1) of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

G. Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the department as may be required.

H. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the department within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the department within thirty days after becoming aware of the violation. The user is not required to resample if the department monitors at the user's facility at least once a month, or if the department samples between the user's initial sampling and when the user receives the results of this sampling.

(Ord. 627A § 1 (part), 1994)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.

(Ord. 627A § 1 (part), 1994)

A. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

B. Sample Collection.

1. Except as indicated in subsection (B)(2) of this section, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the department may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

2. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

(Ord. 627A § 1 (part), 1994)

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. 627A § 1 (part), 1994)

Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the department.

(Ord. 627A § 1 (part), 1994)

A. The city may adopt charges and fees which may include:

1. Fees for reimbursement of costs of setting up and operating the city's pretreatment program;

2. Fees for monitoring, inspections and surveillance procedures;

3. Fees for reviewing accidental discharge procedures and construction;

4. Fees for filing appeals;

5. Fees for consistent removal (by the city) of pollutants otherwise subject to federal pretreatment standards;

6. Other fees as the city may deem necessary to carry out the requirements of this division.

B. All fees chargeable under this section shall be paid to the city on the basis of actual cost, plus fifteen percent, for all services furnished by the city. The city shall furnish a statement of all charges for services performed by the city and payment of such charges shall be completed within ten days after receipt thereof.

C. These fees relate solely to the matters covered by this division and are separate from all other fees chargeable by the city.

(Ord. 627A § 1 (part), 1994)

No fees shall be charged for applications for domestic or commercial sewer service. Applications for industrial sewer service permits shall be accompanied by a fee established by resolution of the city council.

(Ord. 678 (part), 1998: Ord. 627A § 1 (part), 1994)

The city council may require any person, who must pay any charge fixed in this chapter, to make a reasonable deposit with the city clerk to insure collection of any charge fixed in this chapter.

(Ord. 627A § 1 (part), 1994)

Except as otherwise provided for in this chapter, a sewer inclusion fee shall be charged for all new connection to the city's sewer system. A new connection shall include any new connection necessary to accommodate new units. This fee shall be independent of permit application fees established by Section 13.80.180 of this chapter, and line cost fees established by Section 13.84.030 of this title.

(Ord. 706, 2001: Ord. 627A § 1 (part), 1994)

A. The sewer inclusion fees shall be collected for each of the following:

1. The Riverside East Assessment District area.

a. Each Single-Family Unit. For each single-family unit, the sewer inclusion fee shall be two thousand three hundred fifteen dollars.

b. Each Duplex. For each duplex, the sewer inclusion fee shall be one thousand nine hundred eighty dollars per unit.

c. Each Multiple-Family Unit Other Than a Duplex. For each multiple-family unit other than a duplex, the sewer inclusion fee shall be one thousand nine hundred eighty dollars.

d. Each Unit or Pad in a Mobilehome Park. For each unit or pad in a mobilehome park, the sewer inclusion fee shall be one thousand nine hundred eighty [dollars] per unit or pad.

e. [Nonresidential Construction.] Nonresidential construction shall pay a household equivalent construction charge. The household equivalent is determined on the basis of flow, suspended solids and biochemical oxygen demand, as determined by the Public Works Department. Nonresidential construction shall pay a household equivalent construction charge determined by multiplying two thousand one hundred forty dollars times the household equivalent.

2. Northwest and central areas, defined as all areas within the city outside the Riverside East Assessment [District] area and the southern area.

a. Each Single-Family Unit. For each single-family unit, the sewer inclusion fee shall be three thousand five hundred ninety dollars.

b. Each Duplex. For each duplex, the sewer inclusion fee shall be two thousand six hundred eighteen dollars per unit.

c. Each Multiple-Family Unit Other Than a Duplex. For each multiple-family unit other than a duplex, the sewer inclusion fee shall be three thousand two hundred fifty-five dollars for the first unit and one thousand nine hundred eighty dollars per unit thereafter.

d. Each Unit or Pad in a Mobilehome Park. For each unit or pad in a mobilehome park, the sewer inclusion fee shall be three thousand two hundred fifty-five dollars for the first unit or pad and one thousand nine hundred eighty dollars per unit or pad thereafter.

e. [Nonresidential Construction.] Nonresidential construction shall pay a household equivalent construction charge. The household equivalent is determined on the basis of flow, suspended solids and biochemical oxygen demand, as determined by the Public Works Department. Nonresidential construction shall pay a household equivalent construction charge determined by multiplying three thousand four hundred fifteen dollars times the first household equivalent and two thousand one hundred forty dollars times each household equivalent thereafter.

3. Southern Area, as shown in Figure 1, attached to Ordinance No. 726 adopted April 20, 2004.

a. Each Single-Family Unit. For each single-family unit, the sewer inclusion fee shall be four thousand five hundred sixty-five dollars.

b. Each Duplex. For each duplex, the sewer inclusion fee shall be three thousand four hundred fifty-three dollars per unit.

c. Each Multiple-Family Unit Other Than a Duplex. For each multiple-family unit other than a duplex, the sewer inclusion fee shall be four thousand ninety dollars for the first unit and two thousand eight hundred fifteen dollars per unit thereafter.

d. Each Unit or Pad in a Mobilehome Park. For each unit or pad in a mobilehome park, the sewer inclusion fee shall be four thousand ninety dollars for the first unit or pad and two thousand eight hundred fifteen dollars for each unit or pad thereafter.

e. [Nonresidential Construction.] Nonresidential construction shall pay a household equivalent construction charge. The household equivalent is determined on the basis of flow, suspended solids and biochemical oxygen demand, as determined by the Public Works Department. Nonresidential construction shall pay a household equivalent construction charge determined by multiplying four thousand five hundred sixty five dollars times the first household equivalent and three thousand two hundred ninety dollars times each household equivalent thereafter.

B. The city council may, in its discretion, accept, in lieu of payment of all or a portion of the sewer inclusion fees, the construction of such facilities, including line oversizing, which are determined to be beneficial to the city as a whole or to sections of the city outside the project area which is subject to the fees.

C. Sewer inclusion fees shall be due at the time of issuance of a building permit or, if no such permit is to be issued, then due and payable at the time of making a sewer connection. If a building permit is issued, sewer inclusion fees are payable prior to city issuance of a certificate of occupancy.

D. Fees due for nonresidential construction may, at the option of the city council, be deferred for a period not to exceed three years and during such deferral period the fees may be adjusted up or down according to the actual household equivalent found by the department to exist as a result of actual flow through a flow meter and periodic sampling conducted by the department. The actual cost of sampling and a flow meter shall be borne by the owner.

(Ord. 739 § 1 (part), 2006; Ord. 731 (part), 2005: Ord. 726 (part), 2004: Ord. 718 (part), 2003: Ord. 710 (part), 2002: Ord. 702 (part), 2001: Ord. 700 (part), 2000: Ord. 680 (part), 1998: Ord. 627A § 1 (part), 1994)

(Ord. 758, §§ III, IV, 2009)

Every person whose premises are served by a connection with the system of sewerage of the city, whereby the sewage or industrial wastes, or either or both, are disposed of by the city, through the wastewater treatment plant, or otherwise, shall pay a sewer service charge based on use as established by resolution duly adopted by the city council.

(Ord. 627A § 1 (part), 1994)

A. All industrial waste facilities shall be required to have an annual inspection performed by the city. The city council may, by resolution, establish a fee for such inspections. The city shall furnish a statement of all charges for services performed and payment of such charges shall be completed within ten days after receipt thereof.

B. All grease, oil and sand traps and interceptors shall be required to have an annual inspection performed by the city. The city council may, by resolution, establish a fee for such inspections. The city shall furnish a statement of all charges for services performed and payment of such charges shall be completed within ten days after receipt thereof.

(Ord. 678 (part), 1998: Ord. 627A § 1 (part), 1994)

In the event that any person fails to pay any charge provided in this chapter when the same becomes due, the city may, in addition to any other remedies it has, cut off water service and any of the services and facilities referred to in this chapter and shall not resume the same until all delinquent charges, together with any charges necessitated by resumption of such services and facilities have been fully paid.

(Ord. 627A § 1 (part), 1994)

A. Right of Entry—Inspection and Sampling. The department shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this division and any wastewater discharge permit or order issued hereunder. Users shall allow the department ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the department will be permitted to enter without delay for the purposes of performing specific responsibilities.

2. The department shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

3. The department may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at his own expense. All devices used to measure wastewater flow and quality shall be calibrated semiyearly to ensure their accuracy.

4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the department and shall not be replaced. The costs of clearing such access shall be borne by the user.

5. Unreasonable delays in allowing the department access to the user's premises shall be a violation of this division.

B. Search Warrants. If the department has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the department may seek issuance of a search warrant from the Shasta County municipal court, Anderson branch.

(Ord. 627A § 1 (part), 1994)

The department shall give not less than five days' notice of intention to disconnect the premises or to suspend or revoke a permit stating the reasons therefor, and may grant a reasonable time for elimination of the violation; provided, however, that if the department determines that the danger is imminent and such action is necessary for the immediate protection of the health, safety or welfare of persons or property or for the protection of the sewer system, any premises may be disconnected and service terminated concurrently with the giving of such notice. Notice shall be given to the occupant of the premises, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the county by United States mail, registered or certified, return receipt requested, postage prepaid or by posting such notice on the premises.

(Ord. 627A § 1 (part), 1994)

The department may revoke or suspend the permit issued to any person in the event of a violation by the permittee of any provision of any applicable federal, state or local law or Chapters 13.76 to 13.88 or of any of the rules and regulations adopted in the manner provided for herein. The department may disconnect from the public sewer any connection sewer, main line sewer or other facility which is constructed, connected or used without a permit, or constructed, connected or used contrary to any of the provisions of any applicable federal, state or local law or this chapter and Chapters 13.76, 13.84 and 13.88. When a premises has been disconnected, it shall not be reconnected until the violation for which it was disconnected has ceased or been remedied and a reasonable charge for such disconnection and reconnection, as established by the department, has been paid.

(Ord. 627A § 1 (part), 1994)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the department's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the department, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be assessed at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for users related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. 627A § 1 (part), 1994)

The department shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

B. Technical review criteria (TRC) violations, defined here as those in which thirty-three or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other discharge violation that the department believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the department's exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within ninety days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;

F. Failure to provide within thirty days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation(s) which the department determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 627A § 1 (part), 1994)