Chapter 13.08 — WASTEWATER COLLECTION AND TREATMENT SYSTEM ARTICLE I. - CONNECTIONS TO…

Article I sets forth uniform requirements for connection to the Arvin Municipal Sanitary Sewer System.

(Ord. No. 382, 2009).

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section govern the construction, meaning and application of words and phrases used in this chapter, including the definition of each word or phrase which is derived from it or from which it is a derivative, as the case may be.

1.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy as determined by the city public works director.

2.

"Business" means all commercial uses, including, but not limited to, offices, merchandising, industrial uses and residential uses on premises where there are four (4) or more living units, or where unrelated persons are housed in the same structure such as boarding houses.

"City sewer system" means all facilities for collecting, treating and conveying domestic or industrial wastes of any nature, including all such facilities both inside and outside the city limits of Arvin that are owned, operated, and controlled by the city, and any sewer system located within the city, owned and operated by any public district, including the Kern County Sanitation District.

4.

"Completion" means acceptance, in writing, by the city for maintenance of an addition to the city sewer system.

5.

"Connected" means the physical connection of any plumbing or drainage system or fixture contained in any structure to a public sewer line.

6.

"Customer" means a person who is, or who has agreed to be, responsible for the payment of water or sewer service charges. The term "customer" is also synonymous with "account" against which charges are assessed and billed.

7.

"Dwelling unit" means the same as living unit.

8.

"Sewer connection fees" means those fees collected or charged against property for the right to connect to a public sanitary sewer line where the property has not participated in the cost of providing treatment plant and sewer collection capacity.

(Ord. No. 382, 2009).

All persons using the sewer system of the city must pay for such service and for the privilege of connecting to the sewer at the rates, at the time and under the conditions set forth in this chapter, and must comply with all regulations set forth in this chapter relating to the use of such sewer system.

(Ord. No. 382, 2009).

A.

Connection Required:

1.

Every building or structure in which plumbing fixtures are installed, and every premises having piping thereon which conveys sewage or other liquid wastes to an approved point of disposal must be connected

to the public sewer if it is available. A public sewer is available, for the purposes of this section, if the sewer had been constructed and is available for use in any public street, alley or right-of-way within one-hundred fifty (150) feet for the first unit plus seventy-five (75) feet for each additional unit, to be measured along such public street, alley or right-of-way from the nearest property line to the sewer. For the purpose of this section, the number of units computed includes all units developed on contiguous property held under one ownership. The following exception is allowed: Property located in the A-1 and A-2 zoning districts, on a lot of at least two (2) net acres in size, and provided the lot, if not served by community water system, contains one (1) dwelling unit or septic system per two (2) acres. Under this exception connection to the city sewer may be deferred until the use of the land changes either through district amendment or special permit.

2.

Not withstanding any provision to the contrary, buildings or structures connected to a septic tank or cesspool at the time a public sewer becomes available must be connected to the public sewer within three (3) years after the sewer becomes available. However, if the property has previously been subject to an earlier connection date by reason of requirements of a jurisdiction other than the city, the sewer connection must be made on or before specified earlier date.

If the health officer determines the continued use of a septic tank or cesspool will create an immediate health menace, the property must be connected within the time specified by the health officer.

Buildings or structures not connected as required by this section are considered a public nuisances and subject to enforcement actions as prescribed by the city codes.

3.

No person can cause, suffer or permit the disposal of sewage, or other liquid wastes into any drainage system on any lot which is connected to a public sewer when such connection is required by this section.

B.

Connection Permit Required: No person can connect any lot to the city's sewer system without first obtaining a permit issued under the authority of the city manager. No permit will be issued by the city manager unless a sewer connection fee is paid as specified in paragraph C of this part.

C.

Sewer Connection Charges:

1.

No permit will be issued by the city manager unless a sewer connection fee in the sum of one thousand five hundred seventy dollars ($1,570.00) has been paid, unless otherwise provided for in this code. All developed lots with an existing structure or structures as of January 1, 1995, located along South Derby, (or any other location designated in exhibit A, attached to the ordinance codified in this section, and on file in the city clerk's office) which were unable to connect to the city's sewer system due to lack of access to a main sewer trunk line will only be required to pay the sewer connection fee in effect as of January 1, 1990, four hundred twenty-six dollars ($426.00) per ESFD, to obtain a permit under this section.

2.

The amount of any sewer connection charges prescribed under the provisions of this chapter is a debt owing to the city which, until paid, is a continuing obligation of the owner of the property for the connection of which the charge was incurred. Any person who makes a connection to the city sewer system without having paid such charges in full or having accomplished the execution, acceptance and recording of an agreement to pay therefore as herein provided, is liable in an action in the name of the city in any court of competent jurisdiction for the amount of such charge. The conviction or punishment of any person for connecting to the city's sewer system without obtaining a permit does not relieve such person from paying the charges due and unpaid at the time of such conviction.

3.

Payment of sewer connection and related charges payable because of connection of existing single-family residences within the city may be deferred by an agreement between the property owner and the city, to pay such charges together with interest on the unpaid balance, over a period of not more than fifteen (15) years, in accordance with the following provisions:

(a)

The agreement must provide for substantially equal monthly installments amortized over a period of not more than fifteen (15) years, at a fixed rate of interest, which cannot be less than the rate the city would otherwise be able to receive by placing such amount in investment accounts as periodically established by the city manager and adopted by the city council.

(b)

The sewer connection and related charges which may be deferred, and limitations, if any, on the amounts that may be deferred, are those as established in the master fee resolution.

(c)

The agreement must be of a form and content prescribed by the city manager and approved by the city attorney.

(d)

The agreement must be signed by all persons having a record title interest in the real property being served by the city's sewer system, to which connection is requested, and must include the legal description of the property.

(e)

The agreement must provide that the whole, or any part, of the balance of charges due at any time under the agreement may be accelerated and paid at any time, at the option of the payer.

4.

The agreement provided for in subsection 2. above must be in the form of a covenant running with the land, and will establish a lien against the property in favor of the city in the amount of all deferred charges, and will be recorded in the Office of the Kern County Recorder.

5.

The agreement and lien is enforceable by the city in any manner available at law or in equity, including, but not limited to, private foreclosure and sale of the property in the manner provided by section 2924 of the California Civil Code.

(Ord. No. 382, 2009).

A.

Persons owning or operating premises outside the city limits of Arvin may be granted permission to connect their property with the city's sewer system.

B.

Permission to connect to the sewer system will be granted by the director of public works if all provisions of this chapter are complied with.

C.

Every permit granted for service outside the city limits of Arvin is subject to the following conditions:

1.

That payment of the applicable sewer connection charge, established by this chapter, must be made before connection of the premises to the sewer;

2.

That all regulations of the city will be followed with respect to use of the city's sewer system;

3.

That drainage from roofs, courts or other areas must be allowed to pass into the city's sewer system.

(Ord. No. 382, 2009).

Any person desiring to make an addition to the city's sewer system to serve property must make a request, in writing, to the city manager for preliminary investigation into the feasibility of such addition. If the addition as requested is found to be feasible by the city manager, such addition may be made to the city's sewer system in accordance with the provisions of this chapter. The city manager will cause the installation to be inspected, and will allow the final connection to such system only if it is found that such additions conform in all respects with the standard specifications for sewer facilities of the city, applicable health laws and the lines and grades designated by the city engineer.

(Ord. No. 382, 2009).

If a right-of-way is needed for an addition to the city's sewer system, the person constructing the addition must obtain such right-of-way for the city, or pay the cost to the city of acquiring such right-of-way. If the city engineer determines that a pump station is necessary to serve the property of the person installing the sewer, such person must install a pump station meeting specifications approved by the city engineer, and pay the full cost of such installation.

(Ord. No. 382, 2009).

Specifications and plans for the installation of additions to the city's sewer system must be prepared by a registered civil engineer and be approved by the city engineer before a permit for doing the work may be issued.

(Ord. No. 382, 2009).

When a sewer main has been installed in public streets or easements pursuant to the regulations of the city and has been accepted by the city manager, the sewer becomes the property of the city and a part of the city's sewer system. House branch sewers, including their connection to sewer mains, are not considered city property or parts of the city's sewer system, and their maintenance and repair will not be provided by the city.

(Ord. No. 382, 2009).

The person constructing an addition to the city's sewer system must reimburse the city for its cost of labor (including overhead), equipment and materials for the following:

A.

Construction or revision of house branches where the city engineer determines that the site conditions constitute a significant hazard to the public convenience, safety and health or to private property in the

area, and that such hazard may be mitigated if the city makes arrangements for construction or revision;

B.

All connections to pressure sewers after completion of such sewers;

C.

Review and approval of specifications and plans submitted by the applicant for the proposed additions to the city's sewer system;

D.

Preliminary investigation of the feasibility of additions to the city's sewer system; and

E.

Any design, surveying, inspection or testing performed by the city in connection with an addition to the city's sewer system.

(Ord. No. 382, 2009).

Connections to mains in other than dedicated and surfaced streets or alleys is not permitted where service can be rendered from dedicated and surfaced streets or alleys by extension or otherwise.

(Ord. No. 382, 2009).

The city is authorized to adopt, by ordinance, regulation, or both, sewer service charges in accordance with section 204 (b)(1)(A) of the Act, 40 CFR § 35.939-3, section 307(b) and (c) of the Act, and 40 CFR § 403.0.

(Ord. No. 382, 2009).

The annual sewer service charge for use of the wastewater collection, conveyance and treatment facilities, whether the premises are located within or outside of the city, must be designated in the master fee resolution.

(Ord. No. 382, 2009).

The following provisions will be applied when appropriate in determining charges for sewer services and responsibility:

A.

Any person charged for sewer service may, upon request to the city manager, have his sewer service charges calculated pursuant to, and subject to, the conditions set forth as follows:

1.

The quantities of wastewater produced (discharged) may be determined by use of an effluent wastewater flow meter which has flow totalizing capability, and is installed and maintained at the expense of the owner/occupant of the premises and approved by the city manager;

2.

If an effluent wastewater meter is not used, the city may establish appropriate guidelines to determine the wastewater discharged from a property. The guidelines established by the city shall be conclusive and not subject to appeal. Such determinations are effective for no more than one (1) year. Where such guidelines are used to determine the volume of wastewater produced by any premises, instead of by measurement of an installed effluent wastewater meter, the owner or occupant of such premises, shall be assessed the cost incurred by the city to develop the original guidelines and each subsequent annual discharge estimate. The city may establish, in the master fee resolution, a minimum charge for developing these guidelines and calculating the annual discharge estimate;

3.

In lieu of the above, public and parochial schools may be charged for sewer service on the basis of average daily attendance as designated in the master fee resolution, provided the premises so charged for sewer service are used exclusively for school purposes with no residential uses thereon. Such charges are calculated on an annual basis, based on the previous school year's attendance divided by twelve to determine the monthly rate.

B.

Where two (2) or more users are located on the same premises and each has a separately metered water service, the sewer service charge is calculated and billed in the same manner as if each user were located on a separate premise.

C.

Where several users are served with a single metered water service and sewer service charges for one (1) or more of such users is based upon the volume of potable water delivered to such user, a single service charge is made, based upon the total volume of water delivered through such meter, which charge is the responsibility of the water service customer.

D.

Where a single business occupies contiguous premises served by more than one metered water service, and sewer service charge for such use is based upon the volume of potable water delivered to such user, a separate sewer service charge will be made for the water used through each meter.

E.

Where there are mixed commercial and residential users on the same premises and the commercial use has separate sewer facilities to serve employees or customers, the sewer service charge will be as specified in this section for the residential user, plus the monthly sewer service charge referred to in this article and designated in the master fee resolution for the commercial use.

F.

Where there are mixed commercial and residential uses on the same premises and the commercial use does not have separate sewer facilities to serve employees or customer, the sewer service charge is calculated based upon the highest economic use.

G.

Upon annexation to the city, property which has been connected to the city sewer without payment of sewer construction fees, sewer connection fees, lateral sewer charges, oversize sewer charges, house branch sewer charges, and/or other related sewer construction and connection charges imposed by the city codes, will be due and payable to the city. Until such charges have been paid, the property will continue to be assess sewer use fees prescribed for sewer service outside the city limits.

(Ord. No. 382, 2009).

Whenever special disposal sites are constructed, the city may allow the disposal therein of the contents of trucks designed and used for the pumping out and removal of waste from septic tanks and chemical toilets. The city is authorized to enter into agreements with septic waste disposal companies regulating such disposal, and providing for charges to recover the cost of the sites and other city expenses including wastewater treatment at the rates designated in the master fee resolution.

(Ord. No. 382, 2009).

While any premises connected to the sewer system are vacant, the regular minimum sewer charge will be payable for such premises by the owner thereof, whether or not sewer service is used, if water is connected to or available for use on the premises, unless such premises are physically disconnected from the sewer system. Applications for determination by the director of public works that the premises have been physically disconnected from the sewer system will be made to the city accompanied by the disconnection inspection fee designated in the master fee resolution. Premises so disconnected will not be reconnected to the city's sewer system by any person except with permission of the director of public works. If approval for reconnection to the sewer system is desired, an application for reconnection must be filed with the city, accompanied by the reconnection inspection fee designated in the master fee resolution.

(Ord. No. 382, 2009).

A.

Definition of "High Strength Discharges". Discharges from commercial and/or industrial production processes that meet one or more of the following criteria:

1.

Biochemical oxygen demand concentration greater than two hundred sixty-five (265) milligrams per liter (>256 mg/L BOD);

2.

Total suspended solids concentration greater than three hundred (300) milligrams per liter (>300 mg/L TSS);

3.

Daily volume of discharge (daily flow) in excess of twenty-five thousand (25,000) gallons per day (>25,000 gpd); or

4.

Any other pollutant discharged to the city's sewer system that is identified by the city as requiring additional treatment resulting in an increase in the cost of treatment to the city.

B.

Determination of "High Strength Discharges". The city determines the strength for billing purposes by using one of the following methods:

1.

Average Pollutant Concentration. The city calculates the average of the pollutant concentrations measured during the billing period. A minimum of four (4) samples must be used to determine the pollutant concentrations for determination of high strength discharges. If fewer than four (4) samples are collected and analyzed during the billing period, the city may use the most recent four (4) analytical results for the parameter collected within the previous six (6) months. If more than four (4) samples were collected and analyzed for the parameter during the evaluation period, all results will be used for determining the average pollutant concentrations.

2.

Analytical Methods. All analytical methods must conform to analytical methods specified in this CHAPTER and approved under 40 CFR §§ 136 et seq.

Flow Measurement. All dischargers routinely discharging in excess of twenty-five thousand (25,000) gallons per day of process wastewater must install effluent flow meters approved by the city.

(a)

High strength discharge determinations must use the measurements of the effluent flow meter.

(i)

When an effluent flow meter is required, the discharger must submit detailed plans showing the operation and proposed installation of the effluent meter to the city engineer for approval before installation of the equipment. Any subsequent changes in sampling or metering site, type of meter or other monitoring equipment must be reported to the city engineer for prior approval.

(b)

The discharger is responsible for the costs associated with the procurement, operation and calibration of the effluent flow meter, and sampling manholes.

(c)

The discharger is responsible for daily reading, recording and reporting of the volume of discharge to the city.

(d)

If the discharger is not required to install an effluent flow meter due to low volume discharges, the city may use the water supply flow meter measurements to determine high strength discharge charges. The city must maintain the accuracy of the water supply flow meter and conduct all water supply flow meter readings.

(e)

Effluent flow meters used for the measurement of high strength discharges must be calibrated annually, and must measure the discharge within plus or minus ten percent (±10%) of the actual volume of the discharge, and must measure the volume of discharge in gallons per day.

4.

The city may require additional testing to determine the average pollutant concentration for high strength discharge charge assessment, if in the opinion of the city more tests are required due to the variability in the discharges being monitored.

5.

The discharger is responsible for the costs associated with the sample collection and analysis for determining high strength discharges.

(Ord. No. 382, 2009).

Failure to pay sewer service charges is a violation of this chapter and subject to the provisions of Chapter 1.08, Section 1.08.010 and Chapter 1.12, Sections 1.12.010, 1.12.020 and 1.12.030 of this code.

(Ord. No. 382, 2009).

A sewer service fund is established, consisting of revenue from sewer service fees and revenue from sewer connection charges as defined in this chapter.

(Ord. No. 382, 2009).

All revenue obtained from sewer service fees is deposited into said fund, must be accounted for separately and expended for the acquisition, construction, reconstruction, maintenance and operation of wastewater facilities, including payment of interest and principal on bonds issued for such purposes, and for the implementation of the city's pretreatment program. Such funds cannot be expended for new sewers less than 10 (ten) inches in diameter.

(Ord. No. 382, 2009).

All revenue obtained from sewer service fees is deposited into said fund, must be accounted for separately and expended for the acquisition, construction and reconstruction of the wastewater system and pretreatment facilities, including payment of interest and principal on a capital reserve for depreciation and enlargement of the wastewater system and pretreatment facilities.

(Ord. No. 382, 2009).

The terms "sewer service fees" and "sewer connection charges" as used in this chapter apply only to those funds collected for the use of the wastewater system and must not be construed to affect revenues derived from the plumbing permit fees. However, that nothing contained in this section will be construed to restrict or prohibit the making of transfers from said sewer service fund for the purpose of making temporary loans to one or more of the various departments of the city. All such temporary loans must be restored annually to the sewer service fund on or before the last day of each fiscal year.

(Ord. No. 382, 2009).

The officers, employees and inspectors of the city have the right to enter upon the premises of any person at reasonable hours to inspect and to determine whether this chapter is being violated.

(Ord. No. 382, 2009).

The public works director is charged with the duty of enforcing this chapter. The provisions of this chapter apply to any building, structure or property connected to the city's sewer system, whether the same is owned, operated or controlled by a private party or by a public or quasi-public agency, corporation or association, other than the city.

(Ord. No. 382, 2009).

In addition to such other penalties as may be prescribed for a violation of this chapter, whenever the city finds that a discharge of wastewater has taken place in violation of any prohibitions or limitations or pretreatment standards promulgated in accordance herewith, a written notice will be served upon such person requiring the submission to the city for approval, and a detailed time schedule for, specific actions which the user is required to take in order to prevent or correct such violation. The reporting schedule and sampling and analysis will be in accordance with the provisions for this chapter. Any failure to comply with such an approved time schedule, or sampling any analysis, is a violation of this chapter, and subject to further enforcement actions.

(Ord. No. 382, 2009).

If a violation is not corrected by timely compliance, the city may order any user to show cause before the city as to why service should not be terminated, in accordance with the following provisions:

A.

A notice will be served on the user, specifying the time and place of a hearing to be held by the city regarding the violation, and directing the offending party to show cause before the city as to why an order should not be made directing the termination of water service and/or severance of sewer connection. The notice of hearing will be served personally or by registered or certified mail, return receipt requested, at

least ten (10) days before the hearing. Service may be made on an authorized representative of an industry, or the occupant(s) or owner(s) of record of the property.

B.

The city will designate the individuals to conduct the hearing. The city may be represented by any member(s) of the city council, the public works director and/or the city manager. These persons are authorized to:

1.

Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved to such hearings;

2.

Take the evidence; and

3.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.

C.

At any public hearing, testimony taken before the city or any person designated by it must be under oath, and made available to any member of the public or any party to the hearing upon request.

D.

After the city council has reviewed the evidence, it may issue an order to the user responsible for the violation directing that, following a specified time period, the sewer connection be severed unless adequate treatment facilities and devices or other related opportunities are properly operated and appropriate to ensure compliance with this chapter.

(Ord. No. 382, 2009).

A.

It is hereby declared to be a policy of the city council that any user of the city's sewage disposal system and treatment plant who violates any provision of this chapter will, upon due process, be disconnected from the city's sewer disposal system.

B.

The city will reinstate sewer service upon proof of the elimination of the noncomplying discharge.

(Ord. No. 382, 2009).

Whenever the city finds that a discharge of wastewater produces an imminent hazard to the public health or safety or endangerment to public or private property, the city is authorized to take immediate action to suspend water service and sever all pertinent connections to the sewer without giving any advance notice or warning to the user.

(Ord. No. 382, 2009).

Any person aggrieved by any decision, action or determination made by the city, interpreting or implementing the provisions of this code, including, but not limited to, charges required to be paid, may file with the public works director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth, in detail, the facts supporting the request for reconsideration. If the ruling made by the public works director on such request for reconsideration is not satisfactory to the person requesting the same, s/he may, within ten (10) days after written notification of the public works director's ruling, appeal the same to the city council by filing a written notice of appeal with the city clerk. The appeal will be heard by the city council within thirty (30) days from the date of filing. After hearing the

appeal of such person and giving due consideration thereto, the city council will make its determination and notify the aggrieved party of such determination within ten (10) days of the hearing. The appeal will be based on the appellant's written request to the public works director and such director's ruling thereon. The ruling of the public works director is final and conclusive for all purposes, except for any ruling by such director that the city council finds to be arbitrary, capricious or not based on substantial evidence. The public works director's decision, actions or determination will remain in full force and effect during such periods of reconsideration and/or appeal.

(Ord. No. 382, 2009).

Pursuant to the provisions of the United States Code, title 18, section 1001, relating to fraud and false statements, and the provisions of section 309(c)(2) of the Clean Water Act governing false statements, representations or certification in reports required under the Clean Water Act, any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained for this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, will, upon conviction, be punished by a fine of not more than twenty thousand dollars ($20,000.00) or imprisonment for not more than six (6) months, or both.

(Ord. No. 382, 2009).

Any user who is found to have violated an order of the city council, or who willfully or negligently fails to comply with any provisions of this chapter, or the orders, rules and regulations, will be fined not more than twenty-five thousand dollars ($25,000.00) for each offense (California Government Code section 54740). Each day on which a violation occurs, or continues to occur, is a separate and distinct offense. The city

may petition the superior court to impose, assess and recover such sums or to issue a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such violation. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporter fees and other expenses of litigation by appropriate suits at law against the person found to have violated this chapter or the orders, rules and regulations hereunder.

(Ord. No. 382, 2009).