Auburn Municipal Code Title V Public Works

50 GARBAGE AND WASTE MATTER 51 WATER 52 SEWERS 53 STORMWATER MANAGEMENT AND DISCHARGE CONTROL

54 Mandatory Organic Waste Disposal Reduction Ordinance

50 GARBAGE AND WASTE MATTER

50 General Provisions (Sections 50.01-50.13)

50 General Provisions (Sections 50.01-50.13)

• 53.015 Negligence Or Intent Not Required

53.016 Waste Disposal Prohibitions

53.017 Discharges In Violation Of Industrial Or Construction Activity NPDES Stormwater Discharge Permit

53.018 Authorization To Adopt And Impose Best Management Practices

53.019 New Development And Redevelopment

53.020 Responsibility To Implement Best Management Practices

53.021 Requirement To Remediate

53.022 Requirement To Monitor And Analyze

53.023 Notification Of Spills

1. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

2. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

3. Commercial Edible Food Generators shall comply with the following requirements:

   1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

   2. Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

   3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

   4. Allow the Enforcement Official or a Designee to access the premises and review records pursuant to 14 CCR Section 18991.4.

   5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

      1. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

   6. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

   7. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

      1. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.

      2. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.

      3. The established frequency that food will be collected or self-hauled.

      4. The quantity of food, measured in pounds recovered per month, collected or selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

4. Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

HISTORY

Adopted by Ord. 22-01 on 1/24/2022

The provisions of this subchapter are adopted to provide for the collection and disposal of garbage by the city pursuant to a license and to provide for and regulate the gathering, removing, disposing, burning and destroying of all garbage, rubbish and waste matter in order that proper sanitation is provided the city and the health of the city's inhabitants is preserved.

(1973 Code, § 6-4.01) (Ord. 345, eff. - -)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARBAGE . Every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay, dealing in or storage of meat, fish, fowl, birds, fruits or vegetables. GARBAGE shall not include dishwater, waste water or dead animals.

RUBBISH . Wood, leaves, dead trees or the branches thereof, chips, shavings, woodenware, dodgers, printed matter, paper, pasteboard, grass, rags, straw, boots, shoes, hats and all other combustible matter not included in the definition of garbage.

WASTE MATTER . Natural soil, earth, sand, clay, gravel, loam, manure, stone, bricks, brickbats, plaster, portland cement, crockery, queensware, glass, glassware, ashes, cinders, shells, metals and all other noncombustible materials.

(1973 Code, § 6-4.02) (Ord. 345, eff. - -)

1. 1. It shall be unlawful for any person to throw or deposit garbage, rubbish or waste matter, or to cause any garbage, rubbish or waste matter to be thrown or deposited, upon any street, alley, gutter, park or other public place, or to throw or deposit garbage, rubbish or waste matter in or upon any vacant lot or back yard, or to store or keep garbage, rubbish or waste matter otherwise than in the cans or receptacles required by the provisions of §§ 50.05 and 50.06.

   2. It shall be unlawful for any person to have, store, deposit or keep garbage where rats can have access to the garbage or feed on the garbage.

(1973 Code, § 6-4.03)

2. It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any rubbish or waste matter, except bricks, brickbats, cement, plaster, stones and gravel, and these only under a building permit, in or upon any vacant lot, back yard, street, alley, gutter, highway, park or other public place in the city, or to deposit, place or keep any rubbish or waste matter, except in the manner set forth in division (A) above.

(1973 Code, § 6-4.04)

(Ord. 345, eff. - -; Am. Ord. 746, eff. 10-17-1979) Penalty, see § 10.99

1. It shall be unlawful for any person to burn, or cause to be burned, any rubbish in or upon any bitumen or asphalt street, alley or highway or in or upon any street, alley or highway which has been macadamized or oiled within the city.

2. Persons may lawfully burn rubbish, except upon the bitumen, asphalt, macadamized or oiled streets, alleys or highways, subject to the provisions of this chapter, in an incinerator of a type approved by the Fire Chief between the hours and on the days established by state and city laws and upon obtaining a permit therefor from the Fire Chief.

3. All such incinerators shall be wholly cleaned at least once each month.

(1973 Code, § 6-4.05) (Ord. 345, eff. - -; Am. Ord. 746, eff. 10-17-1979) Penalty, see § 10.99

1. It shall be the duty of every tenant, lessee or occupant of any private dwelling house, the keeper of every hotel, restaurant, eating house, boardinghouse and other building where meals are furnished, the owner of every furnished flat and apartment house and every other person having garbage to provide, without expense to the city, and at all times to keep within such building or on the lot on which the building is

situated suitable and sufficient watertight cans or receptacles, with suitable bales or handles and a tightfitting cover, for receiving and holding, without leakage or the escape of odors and without being filled to within 4 inches of the top, all the garbage which would ordinarily accumulate on the premises in 1 week.

2. All such receptacles shall be placed at least 4 inches above the ground, unless they are of the type designed to be sunk to or below the level of the surrounding earth and fitted with a cast iron cover, and shall be so placed as to be readily accessible for removing and emptying the material therefrom by the collectors and where they will not be a public nuisance or in any degree offensive.

3. The garbage cans or receptacles shall be emptied by the collectors at least once each week.

4. Cans or receptacles for garbage from private dwelling houses, flats and apartment houses shall each have a capacity of not less than 10, nor more than 30 gallons, and cans or receptacles for garbage from all other places shall each have a capacity of not less than 10, nor more than 60 gallons.

5. No can or receptacle for receiving garbage, rubbish or waste matter shall be placed on or in any street, alley, sidewalk, footpath or any public place whatsoever, except in accordance with the rules and regulations established by this subchapter.

6. It shall be unlawful to keep, place or deposit garbage, rubbish or waste matter on any private grounds or premises whatsoever, except in cans or receptacles as designated in this subchapter.

(1973 Code, § 6-4.06) (Ord. 345, eff. - -)

It shall be the duty of every tenant, lessee and occupant of every private dwelling house and the keeper of every hotel, restaurant, eating house, boardinghouse, apartment house and other building where rubbish is accumulated to provide boxes, barrels or other receptacles to be kept on the premises sufficient to hold the rubbish which would ordinarily accumulate on the premises in 1 week. All rubbish accumulating on the premises shall be placed in the boxes, barrels or other receptacles. The boxes, barrels or receptacles shall be so placed as to be readily accessible to the collectors for the removal of rubbish therefrom. No box, barrel or receptacle shall have a capacity exceeding 100 gallons. The Health Officer, with the approval of the City Manager, shall be the exclusive judge of the sufficiency of the boxes, barrels or receptacles.

(1973 Code, § 6-4.07) (Ord. 345, eff. - -)

1. Except as otherwise provided in this subchapter, it shall be unlawful for any person, other than the collector designated by the city under contract therefor, or his or her agents or employees, to collect, dispose of, transport, carry or convey through the streets, alleys or public thoroughfares of the city any garbage or other matter offensive to the sight, or to collect or dispose of the garbage or other matter offensive to the sight, except rubbish, waste paper and waste matter.

2. It shall be lawful for persons owning rubbish or waste matter to transport the rubbish or waste matter on the streets and alleys of the city in accordance with the provisions of this subchapter.

(1973 Code, § 6-4.08) (Ord. 345, eff. - -) Penalty, see § 10.99

1. Persons designated pursuant to the provisions of § 50.07 shall collect and remove the garbage, rubbish and offensive matter in carts or wagons which shall be numbered, with the number of each vehicle painted on the outside thereof so as to be plainly seen. The vehicles shall be so loaded that none of the garbage, rubbish, or offensive matter shall fall, drip or spill to the ground.

2. It shall be unlawful for any person to drive, or cause to be driven, upon or along any street, alley, highway, place, court or other public place within the city any vehicle loaded with rubbish or waste matter, unless the vehicle is so loaded that the rubbish or waste matter will not spill out upon the streets, alleys, highways and other public places of the city.

(1973 Code, § 6-4.09) (Ord. 345, eff. - -) Penalty, see § 10.99

1. Each garbage collector shall, when at work, wear a numbered badge in plain sight upon which shall be the words, "City of Auburn Garbage Collector."

(1973 Code, § 6-4.10)

2. The garbage collector shall execute a surety bond in the amount of $5,000, payable to the city, conditioned upon his or her faithful compliance with all the provisions of this subchapter and his or her contract with the city and the bond shall be maintained in full force and effect at all times.

(1973 Code, § 6-4.15)

(Ord. 345, eff. - -; Am. Ord. 87-8, eff. 11-25-1987)

It shall be the duty of the designated Garbage Collector of the city, under the direction of the Health Officer, to gather, collect and dispose of by dumping, burning, distribution or sale, all garbage, rubbish and waste matter except as provided in this subchapter. It shall be the duty of the garbage collector to collect all garbage in the city at least once each week and at such other times as the necessity of the particular case requires.

(1973 Code, § 6-4.11) (Ord. 345, eff. - -)

For the purposes of garbage, rubbish and waste matter collection, the City Manager may divide the city into as many districts as he or she may deem necessary for convenient collection, and he or she may fix a day or days on which the collections will be made in the districts.

(1973 Code, § 6-4.12) (Ord. 345, eff. - -)

1. 1. Persons from whom garbage, rubbish or waste matter is collected pursuant to the provisions of this subchapter shall pay the garbage collector the following fees for the services within the franchise area:

   2. Residential services .

   3. Garbage collection at least once each week shall be mandatory for all residences within the city and the resident shall have the option of selecting any of the services and rates.

   4. City-wide once per year pickups, on dates determined by the Council, shall be provided by the garbage collector for all residents within the city without additional charge.

   5. Persons receiving residential garbage collection service who are disabled or are over 65 years of age may apply to the garbage collector for the rate specified. The application for such service rate shall be in a form approved by the city.

2. Commercial services .

   1. Garbage collection at least once each week shall be mandatory for all commercial uses and businesses within the city, and the owner shall have the option of selecting any of the services and rates as shown, following this subchapter.

   2. The fees set forth in this section shall be effective July l of each year. For the purposes of both residential and commercial services, "curbside" shall mean that portion of private real property within 5 feet of the boundary line adjacent the nearest public street, but not within the public right-of-way. Cans and containers placed for curb- side collection shall be located within the curb-side area not more than 12 hours before and after the actual collection service pickup. "Back yard" services, and all other services, shall mean that portion of private real property other than "curb- side." For both residential and commercial services, cans shall be limited to 60 pounds of weight and rubberized containers shall be limited to 200 pounds of weight. Excess weight and special services shall be at a fee negotiated between the garbage collector and service user.

   3. Should any owner or user of residential or commercial real property which generates garbage, rubbish or waste matter not select an optional service and rate, or fail to pay for a service, the owner or user shall pay the cost of the minimum service rate applicable pursuant to the existing rate schedule.

3. Fee surcharges . The fee surcharges set out shall be added to the base rates, included therein and collected therewith, and shall be applied solely to the purposes set forth as follows:

4. Franchise fee surcharge . For the privilege of exclusive collection rights within the city, the garbage collector shall pay to the city on a quarterly basis an amount equal to that percent of the total revenues generated by the garbage collector within the city franchise area, following this subchapter. The initial payments from the garbage collector to the city shall be based upon the total revenue within the city as shown by its records as of September 30, 1987. This amount shall remain constant unless modified by other provisions in this subchapter, except that on January 1 of every year, the payments shall be modified with the modification being based upon the number of customers shown on the garbage collector's records as of the preceding September 30.

   2. Auburn disposal site surcharge . For the purpose of funding the costs associated with operations, maintenance and administrative obligation for the Auburn Disposal Site, a fee surcharge equaling that percent of total annual franchise revenues shall be collected by the garbage collector as shown. All such fees shall be retained by the

garbage collector in a separate interest-bearing trust account. Disbursement shall be made only upon written approval by Council or City Manager solely for purposes of the Auburn Landfill. Status of the account shall be reported quarterly to the city.

3. New landfill surcharge . For the purpose of funding the costs associated with city involvement in the new landfill area, a fee surcharge equaling that percent of total annual franchise revenues shall be collected by the garbage collector as shown. All such fees shall be paid directly to the city on a quarterly basis and identified as "new landfill surcharge fees." The city shall hold such fees in a separate interest-bearing enterprise account and shall apply the fees only to fund costs associated with the land purchase, improvements, operation and maintenance of the landfill site at Western Regional Landfill or its replacement site.

4. Fee and surcharge rate changes . All fees charged pursuant to this section shall be reasonable and subject to the approval of the Council; provided, however, that the Council, either on its own motion or on the petition of the garbage collector, shall have the power to order modification of fees charged at any time during the term of this contract, by resolution.

5. The fee surcharge impoundment accounts described herein shall be reviewed annually during the city budget process. Adjustments to the surcharge rates may be approved at any time by resolution of the City Council.

(1973 Code, § 6-4.13) (Am. Ord. 352, eff. - -; Am. Ord. 447, eff. - -; Am. Ord. 667, eff. 7-1-1975; Am. Ord. 760, eff. 1-7- 1981; Am. Ord. 774, eff. 8-30-1982; Am. Ord. 810, eff. 8-7-1985; Am. Ord. 87-8, eff. 11-25-1987)

2. Any person by whom the garbage fee is payable who, after notice given by the garbage collector by bill rendered to the person or left in a conspicuous place on the premises, refuses or neglects to pay the garbage fee shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

(1973 Code, § 6-4.14)

(Ord. 345, eff. - -) Penalty, see § 10.99

It shall be unlawful for any person, other than the duly authorized collectors of the city, to collect garbage or rubbish, to interfere in any manner with any receptacle containing garbage or rubbish, or the contents thereof, to remove any receptacle from the place where the receptacle is placed by the owner, or lessees thereof, or to remove the contents of the receptacle, or deposit material without the owner or agent's consent.

(1973 Code, § 6-4.16) (Ord. 345, eff. - -; Am. Ord. 01-05, eff. 1-9-2002) Penalty, see § 10.99

51 WATER

1. Any person making a connection to any of the water improvements (including appurtenant electrical improvements) that have been constructed at the expense of the city at the Auburn Municipal Airport, or expanding, modifying, enlarging or conducting any other activity that will increase the volume of

water already consumed through a connection to said improvements, shall pay an "Airport Water Connection Fee" to the city.

2. The amount of the Airport Water Connection Fee shall be at the rate set by ordinance or resolution of the City Council $4.49/square foot of permitted space connected to the water improvements.

3. The Airport Water Connection Fee is a "capacity charge" for purposes of Cal. Gov't Code § 66013 except to the extent it is a "connection charge" pursuant to that section.

4. The Airport Water Connection Fee is due and payable at the time a building permit is issued for a structure that will be connected to the water improvements, and no building permit shall be issued unless the required connection fee has been paid.

5. The purpose of the Airport Water Connection Fee is to recover the city's costs associated with the construction of water improvements (including appurtenant electrical improvements) that are of benefit to the property being connected to the water improvements, as well as to fund costs associated with the installation of fire risers serving such property.

6. Airport Water Connection Fees collected by the city pursuant to this section shall be segregated from the other funds of the city, except for purposes of investment, and such connection fees shall be expended only for the purposes set forth in division (E) of this section. Any interest income earned from the investment of connection fee proceeds shall be also treated as connection fee proceeds for this purpose of this division (F).

7. The Finance Director shall annually make the report required by Cal. Gov't Code § 66013(d) with respect to the airport water connection fee.

8. The airport water connection fee is in addition to any charges imposed by the city (or water supplier) for water service or to recover actual costs of installing meters, water laterals and appearances (other than facilities common to all users) to serve a new structure.

9. Any airport water connection fee rates established by the City Council shall automatically be adjusted each July 1 by the rate return of the Local Agency Investment Fund of the State of California since the last date on which the rate was established or adjusted. No action of the City Council is required to cause this annual adjustment.

10. The rate of the Airport Water Connection Fee charged pursuant to division (A) shall be $4.49/square foot of permitted space. This rate may be amended by ordinance or resolution of the City Council. Beginning July 1, 2010, this rate shall be subject to automatic adjustment pursuant to division (I) of this section.

(Ord. 09-04, eff. 10-29-2009)

52 SEWERS

52 Sewer Connections (Sections 52.001-52.011) 52 Sewer Service Charges (Sections 52.025-52.035)

52 Sewer Construction And Use Regulations (Sections 52.050-52.999)

52 Sewer Connections (Sections 52.001-52.011)

52.001 [Reserved]

52.002 Required; Resolutions Ordering; Form

52.003 Required; Resolutions Ordering; Service

52.004 Required; Compliance By Owner

52.005 Connection Fee

52.006 Charges; Payment

52.007 Non-Compliance By Owner; Work By City; Reports

52.008 Non-Compliance By Owner; Work By City; Reports; Hearings; Notices 52.009 Non-Compliance By Owner; Work By City; Costs; Assessments; Liens 52.010 Non-Compliance By Owner; Work By City; Costs; Assessments; Payment 52.011 Rules And Regulations

52.001 [Reserved]

1. Whenever the Council shall determine that it is necessary for the public health of the city that any lot, piece or parcel of land within the city or any building or structure upon any lot, piece or parcel of land within the city should be connected to the sanitary sewer system of the city, the Council shall, by resolution, require the owner of the lot, piece or parcel of land, building or structure to cause the building or structure to be connected to the sewer or the lot, piece or parcel of land to be connected to the sewer system; provided, however, no such connection shall be ordered unless a main or lateral sewer has been laid in a street, alley or right-of-way immediately contiguous to the premises.

2. The resolution shall describe the real property with which the connection is to be made with reasonable certainty and shall prescribe the time within which the connection shall be made, which shall not be less than 10 days nor more than 30 days after the service of the resolution on the owner of the property, as set forth in § 52.003, unless the necessity is caused by a break or other casualty to any private sewer resulting in the flowing of sewage in drains, gutters or other open places in such a manner as to cause emergency danger to the public health in which emergency such time may be shortened to 3 days.

(1973 Code, § 6-7.102) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

The City Clerk, as soon as practicable after the passage of the resolution provided for in § 52.002, shall serve a certified copy of the resolution on the owner of the building, structure or premises described in the resolution by delivering the resolution to the owner personally if the owner can be found in the city. In the event the owner cannot be found, the service shall be made by delivering a certified copy of the resolution to the agent of the owner in charge of the premises, if any, or by posting the certified copy in a conspicuous place on the premises and, in addition thereto, by depositing a similar copy, enclosed in a sealed envelope with postage prepaid, in the post office of the city addressed to the owner at his or her last known place of residence.

(1973 Code, § 6-7.103) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

The owner of any premises who has been required by resolution to connect the premises to the sanitary sewer system of the city, as set forth in § 52.002, shall, within the time set forth in the resolution and after paying the connection charges set forth in § 52.005, cause the premises to be properly connected with an adjacent main or lateral sewer under the supervision and to the satisfaction of an officer of the city designated by the City Manager.

(1973 Code, § 6-7.104) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

1. Any person making a connection to the sanitary sewer system of the city, or expanding, modifying, enlarging or conducting any other activity that will increase the volume of sewage emitting from a premises already connected to the sanitary sewer system of the city, shall pay a connection fee to the city.

2. The amount of the connection fee shall be as set forth in a rate schedule adopted by the City Council.

3. The connection fee is a "capacity charge" for purposes of Cal. Gov't Code 66013.

4. The connection fee is due and payable at the time a building permit is issued for a structure that will be connected to the sanitary sewer system, and no building permit shall be issued unless the required connection fee has been paid.

5. The purpose of the connection fee is to recover the city's costs associated with the construction of sewer facilities (including facilities already in existence at the time of connection) that are of benefit to the property being connected to the sanitary sewer system. The connection fee is not a charge for the installation of the meters, laterals, and appurtenances necessary to provide services to a structure, nor shall payment of such fee (in and of itself) obligate the city to install or maintain any such meters, laterals or appurtenances.

6. Connection fees collected by the city shall be segregated from the other funds of the city, except for purposes of investment, and such connection fees shall be expended only for the purposes set forth in division (E) of this section. Any interest income earned from the investment of connection fee proceeds shall be treated as connection fee proceeds for the purpose of this division (F).

7. The Finance Director shall annually make the report required by Cal. Gov't Code 66013(d) with respect to the connection fee.

8. Any connection fee rates established by the City Council shall automatically be adjusted each July 1 in proportion to the change in the Construction Cost Index for the San Francisco Bay Area most recently published in the Engineering News-Record published by McGraw-Hill (or a successor publication to the -

Engineering News Record), from that index as published in the month in which the City Council established the rate. No action of the City Council is required to cause this annual adjustment.

(1973 Code, § 6-7.105) (Ord. 475, eff. --; Am. Ord. 676, eff. 1-1-1976; Am. Ord. 792, eff. 8-24-1983; Am. Ord. 87-9, eff. 11-25-1987; Am. Ord. 07-06, eff. 6-25-2007)

No connection shall be made by any person to a sewer line of the city without first having paid to the city the proper connection charge set forth in § 52.005.

(1973 Code, § 6-7.106) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

If the owner of any building or premises who has been required by resolution to connect the building or premises to the sanitary sewer system of the city shall fail or refuse to make the connections to the sewer system as provided in the resolution and within the time specified in the resolution, an officer of the city designated by the City Manager shall cause the work and improvements to be done and made and shall thereupon forthwith return to the Council an itemized report of the work, setting forth in the report the name of the property owner, a description of the property connected to the sanitary sewer and the cost of the connection.

(1973 Code, § 6-7.107) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

The Council shall, upon receiving the report required by the provisions of § 52.007, fix a time for hearing and passing upon such report and shall give notice of the hearing to the property owners interested, stating the time, place and hour of the hearing. The notice shall be published once in a newspaper of general circulation within the city prior to the hearing.

(1973 Code, § 6-7.108) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

Following the hearing required by the provisions of § 52.008, the Council shall either accept or modify the report and the report as accepted or modified shall be confirmed by the Council. Thereafter, the costs of connecting the lot or parcel of land to the sanitary sewer shall constitute a special assessment against the lot or parcel of land and shall constitute a lien on the property for the amount of the assessment.

(1973 Code, § 6-7.109) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

1. After the confirmation of the report, as set forth in § 52.009, a copy of the report shall be given to the Assessor and Tax Collector of the county.

2. 1. It shall be the duty of the Assessor and Tax Collector of the county to divide the assessment into equal installments, not to exceed 10 in number.

   2. One of the installments shall become due and payable on the first day of each month for the 10 or fewer, as the case may be, successive months next following the date upon which the assessment became a lien upon the property.

3. Failure to pay any installment when due shall cause all of the assessment, or if partly paid, the balance thereof, to become due and payable upon demand. If the assessment is not paid upon demand, a penalty of 10% of the amount of the assessment or balance thereof shall be added to the assessment.

4. It shall be the duty of the Assessor and Tax Collector of the county to add the whole of the assessment, or balance thereof, together with the penalty, to the taxes on the property upon which the assessment became a lien, the amount to appear on the assessment roll of the county prepared next after the refusal to pay upon demand.

5. Thereafter, the amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subjected to the same penalties and the same procedure under foreclosure for sale in the event of delinquency as provided for in ordinary municipal taxes, and before any payment shall be received for any tax or for the redemption of the property, the amount of the assessment shall first be paid.

(1973 Code, § 6-7.110) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

The City Manager shall establish administrative rules and regulations as are reasonably necessary to properly carry into effect the provisions of this subchapter.

(1973 Code, § 6-7.111) (Ord. 475, eff. - -; Am. Ord. 676, eff. 1-1-1976)

52 Sewer Service Charges (Sections 52.025-52.035)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PREMISES . Any building, structure or unit of real property, or portion thereof, connected either directly or indirectly to the sanitary sewer system of the city, or any portion thereof, or from which any sewage is discharged directly or indirectly into the sewer system of the city.

SEWAGE . Any combination of liquid- or water-carried human wastes, household, commercial or industrial wastes or any other liquid or materials discharged into the sewer system of the city from any premises.

SINGLE-FAMILY DWELLING, TWO-FAMILY DWELLING, MULTIPLE-FAMILY DWELLING

and DWELLING UNIT . The meanings set forth in Chapter 159 of this code.

WATER USED PER DAY . The average quantity of water used by the premises per day as shown by the official records of the water supplier, presently the Placer County Water Agency. If there is no such supplier, the city shall determine the quantity by any appropriate means of measuring the average daily amount of water supplied to the premises.

(1973 Code, § 6-7.201) (Ord. 676, eff. 1-1-1976; Am. Ord. 07-06, eff. 6-25-2007)

1. In addition to other fees, taxes or charges provided for by any law or ordinance, there is hereby levied, assessed and imposed upon and against each premises which is connected directly or indirectly to the city's sanitary sewer system, or any portion thereof, or from which any sewage is discharged directly or indirectly into that sewer system, a sewer service charge.

2. The amount of the sewer service charge shall be set forth in a rate schedule adopted by the City Council. Such schedule shall prescribe differential fees for premises that are served by one or more city- operated pump stations in order to reflect the cost of operating such pump stations. The City Council may increase the rates established pursuant to this division (B) in any fiscal year commencing on or after July 1, 2008 by the lesser of (i) 5% or (ii) the change in the San Francisco Bay Area Consumer Price Index for All Urban Consumers, as published by the U.S. Department of Labor (or any successor to that index) (but not more than 5% per year) since the rates were last increased, without giving additional notice pursuant to Article XIIID, § 6(a) of the California Constitution.

3. Sewer service charges collected by the city shall be segregated from the other funds of the city, except for purposes of investment, and shall be expended only for the maintenance, operation and improvement of the sanitary sewer system, including debt. Any interest income earned from the investment of sewer service charge proceeds shall be treated as sewer service charges for this purpose of this division (C).

(1973 Code, § 6-7.202) (Ord. 676, eff. 1-1-1976; Am. Ord. 709, eff. 6-22-1977; Am. Ord. 792, eff. 8-24-1983; Am. Ord. 793, eff. 10-12-1983; Am. Ord. 795, eff. 12-28-1983; Am. Ord. 87-9, eff. 11-27-1987; Am. Ord. 92-10, eff. 7-1-1992; Am. Ord. 93-2, eff. 4-7-1993; Am. Ord. 07-06, eff. 6-25-2007; Am. Ord. 10-07, eff. 8-11-2010; Am. Ord. 14-01, eff. 8-13-2014)

1. All sewer service charges for all premises for each fiscal year hereafter shall be due and payable in advance at the same time as are property taxes, as provided in § 52.029.

2. Where any premises are connected to the sanitary sewer system of the city, or commence discharging sewage into that system, after the commencement of any fiscal year, the charges for such premises for the balance of the fiscal year within which they are so connected or commence to discharge shall be due and payable in advance on the first day of the calendar month immediately following the date of the connection or discharge and shall be paid directly to the city's Director of Administrative Services.

(1973 Code, § 6-7.204) (Ord. 676, eff. 1-1-1976; Am. Ord. 07-06, eff. 6-25-2007)

1. Pursuant to the provisions of Cal. Health and Safety Code §§ 5473 et seq., and as an alternate procedure for the collection of all sewer service charges, the city hereby continues its election to have all such charges, for all fiscal years from and after July 1, 1976, collected on the tax roll of the county in the same manner, by the same persons, and at the same time as, together with and not separately from, the city's general taxes.

2. The city's Director of Administrative Services is hereby directed to prepare and file with the City Clerk, no later than required by law, a written report containing a description of each premises connected to or discharging any sewage into the sanitary sewer system of the city, and the amount of the sewer service charge for each premises for the forthcoming fiscal year, computed in conformity with the charges prescribed by this subchapter.

3. If any of the charges should be omitted from the county tax roll, or if the city's adoption of the method of collection specified in this division shall be held illegal for any reason, the charges may be collected in any other manner authorized in this subchapter.

(1973 Code, § 6-7.205) (Ord. 676, eff. 1-1-1976; Am. Ord. 07-06, eff. 6-25-2007)

1. 1. As an alternate billing method, when directed by resolution of the Council, the following billing procedure is established.

   2. The city's Director of Finance shall ascertain the amount of each sewer service and use charge applicable to each premises and shall mail to the owner of each such premises within 60 days from and after the date any sewer service and use charges become due and payable, a bill for the sewer service and use charges which are then due and payable.

   3. The bills shall be mailed to the person or persons listed as the owners on the last equalized assessment roll of the county at the address shown on the assessment roll, or to the successor in interest of the owner if the name and address of the successor in interest is known to the city's Director of Finance.

2. Failure of the city's Director of Finance to mail any such bill, or failure of any owner to receive any such bill, shall not excuse the owner of any premises from the obligation of paying any sewer service and use charge for any premises owned by him or her.

(1973 Code, § 6-7.206) (Ord. 676, eff. 1-1-1976)

1. 1. The owner of any premises is and shall be responsible for the payment of any and all sewer service and use charges applicable to premises owned by him or her.

   2. It shall be and is hereby made the duty of each such owner to ascertain from the city's Director of Finance the amount and due date of any charge applicable to premises owned by him or her and to pay the charge when due and payable.

2. It also shall be and is hereby made the duty of all owners of all premises to inform the city's Director of Finance immediately of all circumstances, and of any change or changes in any circumstances, which will in any way affect the applicability of any charge to premises owned by him or her or the amount of any such charge.

3. In particular, but not by way of limitation, an owner of any premises shall immediately inform the city's Director of Finance of any sale or transfer of the premises by or to the owner.

(1973 Code, § 6-7.207) (Ord. 676, eff. 1-1-1976)

Whenever any sewer service and use charge shall become delinquent, there shall be imposed a penalty equal to 10% of the amount of the delinquent payment, plus 0.5% per month interest on the amount of the charge (excluding the penalty) for each full month of delinquency.

(1973 Code, § 6-7.208) (Ord. 676, eff. 1-1-1976)

Each charge levied, assessed or imposed by or pursuant to the provisions of this subchapter is hereby made a lien upon the premises on which the charge is imposed.

(1973 Code, § 6-7.209) (Ord. 676, eff. 1-1-1976)

The city, through its authorized representatives, is hereby given the power and authority to enter upon and within any premises for the purposes of ascertaining the nature of the premises, the type of activities carried on therein, the amount of water furnished to or used on the premises, and any other facts or information

reasonably necessary to ascertain the applicability of any sewer service and use charges to such premises, or the amount of the charges.

(1973 Code, § 6-7.210) (Ord. 676, eff. 1-1-1976)

In the event of the failure of any owner to pay when due any sewer service and use charges applicable to premises owned by him or her, the city may enforce the payment of the delinquent charges in any one or more of the following manners:

1. The City Manager may have the premises disconnected from the sanitary sewer system. In the event the disconnection should create a public hazard or nuisance, the City Manager or his or her representatives may enter upon the premises for the purpose of doing the things as may be reasonably necessary to alleviate or remove the hazard or nuisance. The owner of the premises shall have the duty to reimburse the city for all expenses incurred by the city in disconnecting any such premises or in doing other things authorized by this section, and no reconnection shall be made until all such charges are paid.

2. The Director of Finance may institute an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected.

3. Any and all delinquent payments may be placed on the tax roll and collected with property taxes as provided in this subchapter or by general law.

4. Such other action may be taken as may be authorized by law and by the Council.

(1973 Code, § 6-7.211) (Ord. 676, eff. 1-1-1976)

52 Sewer Construction And Use Regulations (Sections 52.050-52.999) 52.050 Purposes

52.051 Scope 52.052 Administration 52.053 Time Limits 52.054 Definitions 52.055 Inspectors

52.056 Approval Of Plans; Issuance Of Permits; Certification Of Final Inspectors

52.057 Reconsideration And Appeal Procedures

52.058 Malicious Damages To City's Facilities

52.059 Approval Of Plans For Sewerage Construction

52.060 Inspections Of Sewerage Construction

52.061 General Discharge Requirements

52.062 Industrial Wastewater Discharges Prohibited

52.063 Improper Maintenance Or Use Of Connected Sewers

52.064 Excessive Sewer Maintenance Expense 52.065 Prohibited Waste Discharges 52.066 Availability Of City's Facilities

52.067 Pretreatment Of Industrial Wastewaters

52.068 Industrial Wastewater Sampling, Analyses And Flow Measurements

52.069 Discrepancies Between Actual And Reported Industrial Wastewater Discharge Quantities

52.070 Limitations On Wastewater Strength

52.071 Federal Categorical Pretreatment Standards

52.072 Modification Of Federal Categorical Pretreatment Standards 52.073 Accidental Discharges 52.074 Permits For Industrial Wastewater Discharges 52.075 Wastewater Contribution Permit Application 52.076 Permit Conditions 52.077 Permit Duration 52.078 Permit Transfer 52.079 Change Of Industrial Wastewater Permit Restrictions 52.080 Monitoring Facilities 52.081 Inspection, Sampling And Testing 52.082 Disclosure Of Records 52.083 Reporting Requirements For Permittee 52.084 Pretreatment Compliance Reports 52.085 Public Nuisance 52.086 Injunction 52.087 Damage To Facilities 52.088 Falsifying Information 52.089 Suspension Of Permits For Industrial Wastewater Discharges 52.090 Revocation Of Permits For Industrial Wastewater Discharges 52.999 Penalty

The purpose of this subchapter is to provide for the maximum possible beneficial public use of the city's facilities through the adequate regulation of sewer construction, sewer uses and industrial wastewater discharges and to provide for the equitable distribution of the city's costs and to provide procedures for complying with the requirements placed upon the city by other regulatory agencies.

(1973 Code, § 6-7.301) (Ord. 97-6, eff. 10-8-1997)

The provisions of this subchapter shall apply to the direct or indirect discharge of all liquid carried wastes to the facilities of the city. This subchapter, among other things, provides for the regulation of sewer construction in areas within the city, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the approval of plans for sewer construction, the issuance of permits for industrial wastewater discharges and of other miscellaneous permits and the establishment of penalties for violations of this subchapter.

(1973 Code, § 6-7.302) (Ord. 97-6, eff. 10-8-1997)

Except as otherwise provided in this subchapter, the Director of Public Works shall administer, implement and enforce the provisions of this subchapter. Any power granted to, or duty imposed upon, the Director of Public Works may be delegated by the Director of Public Works to persons acting in the beneficial interests of, or in the employment of, the city.

(1973 Code, § 6-7.303) (Ord. 97-6, eff. 10-8-1997)

Any time limit provided in any written notice or in any provision of this subchapter may be extended only by a written directive of the Director of Public Works.

(1973 Code, § 6-7.306) (Ord. 97-6, eff. 10-8-1997)

1. The definitions set forth in this section shall be used in the interpretation of this subchapter, the issuance of permits, the making of charges for service, and all other operations of this subchapter unless another meaning for the word is apparent from the context.

2. Unless otherwise defined herein, terms shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater , published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by standard methods unless expressly stated or as established by federal or state regulatory agencies. In addition, terms defined in this section shall have the same meaning as those terms are defined by the Porter Cologne Water Quality Act and the Federal Water Pollution Control Act as amended 1972.

ACT or THE ACT . The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq .

APPROVAL AUTHORITY . The California Regional Water Quality Control Board - Pretreatment Unit.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER . An authorized representative of an industrial user may be:

1. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

2. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;

3. A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the discharge originates. BENEFICIAL USES . The uses of the waters of the state that may be protected against quality degradation include, but are not necessarily limited to, domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves and other uses, both tangible or intangible as specified by federal or state law.

BIOCHEMICAL OXYGEN DEMAND (BOD) . The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, 5 days at 20°C expressed in terms of weight and concentration of milligrams per liter (mg/l).

BUILDING SEWER or LATERAL SEWER . A privately owned and maintained pipe conveying sewage from a single building or premises to a point of connection with the P.O.T.W. sanitary sewer. The BUILDING SEWER shall include the connection to the P.O.T.W. sanitary sewer.

CITY . The City of Auburn, California.

CATEGORICAL STANDARDS . National Categorical Pretreatment Standards which apply to industrial and commercial users in specific industrial categories determined by the E.P.A. to be significant sources of toxic pollutants.

COMPATIBLE POLLUTANT . The limited quantities of biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the city's National Pollutant Discharge Elimination System (N.P.D.E.S.) permit.

CONTAMINATION . An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. CONTAMINATION shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.

CONTROL MANHOLE . The sampling manhole that is either a specially provided manhole or the nearest downstream manhole.

COOLING WATER . The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DILUTING WATERS . The water from cooling water sources, domestic sewage, potable water which is not normally from industrial processes and which does not contain constituents requiring pretreatment.

DIRECT DISCHARGE . The discharge of treated or untreated wastewater directly to the waters of the State of California.

DISCHARGER . Any person who discharges or causes a discharge to a public sewer.

DOMESTIC WASTEWATER . The water carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

DWELLING UNIT . Each single-family residence, house, apartment or living quarter having its own separate kitchen facility.

EFFLUENT . The liquid outflow of any facility designed to treat, convey or retain wastewater.

GARBAGE . The putrescible solid waste from the domestic and partially prepared, cooking and dispensing of food and from the handling, storage and sale of produce.

GRAB SAMPLE . A sample which is taken from a waste stream on a 1-time basis with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE . Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks and sometimes referred to as septage.

INCOMPATIBLE POLLUTANT . Any pollutant which is not a compatible pollutant as defined in this section. The pretreatment standard for incompatible pollutants introduced into a publicly owned treatment works by a major contributing industry not subject to § 307(c) of the Federal Act shall be, for sources within the corresponding industrial or commercial category, that established by a promulgated effluent limitation guideline defining best practicable control technology currently available pursuant to §§ 301(b) and 304(b) of the Federal Act; provided, that, if the publicly owned treatment works which receives the pollutants is committed, in its N.P.D.E.S. permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of the treatment works shall be correspondingly reduced for that pollutant; and provided, further, that, even when the effluent limitations guideline for each industry category is promulgated, a separate provision will be proposed concerning the application of the guideline to pretreatment.

INDIRECT DISCHARGE . The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Federal Act into the sewage collection and treatment system (including holding tank waste discharged into the system).

INDUSTRIAL USER . A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402, of the Act.

INDUSTRIAL WASTEWATER . All water carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharge includes significant quantities of wastes of non-human origin.

INTERFERENCE . The inhibition or disruption of the sewage treatment plant treatment processes or operations which contributes to a violation of any requirement of the city's N.P.D.E.S. permit. The term includes prevention of sewage sludge use or disposal by the Sewage Treatment Plant in accordance with § 405 of the Federal Act, or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (S.W.D.A.) (42 U.S.C. §§ 6901 et seq. ) the Clean Air Act (42 U.S.C. 7401 et seq .), the Toxic Substances Control Act (15 U.S.C. 2601 et seq .)or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of S.W.D.A.) applicable to the method of disposal or use employed by the sewage treatment plant.

LATERAL SEWER . See definition of BUILDING SEWER above.

LOCAL LIMITS .

1. The effluent discharge limits established by the Public Works Director and ratified by resolution of the City Council. These limits are determined to protect the operation of the city's sewerage system and to enable the city to comply with the water quality standards or effluent limitations specified in the city's N.P.D.E.S. permits.

2. Thus, the LOCAL LIMITS may be modified from time to time to meet the above goals. Dischargers shall use the most recently issued LOCAL LIMITS .

LOWER EXPLOSIVE LIMIT (L.E.L.) . The minimum concentration of a combustible gas or vapor

in air which will ignite if an ignition source is present, usually expressed in percent by volume at sea level.

MAY . The act referred to is permissive.

NATIONAL CATEGORICAL PRE- TREATMENT STANDARD or PRETREATMENT

STANDARD . Any regulation containing pollutant discharge limits promulgated by the E.P.A. in accordance with § 307(b) and (c) of the Federal Act which applies to a specific category of industrial users.

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or N.P.D.E.S. Permit . A permit issued pursuant to § 402 of the Federal Act.

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE

STANDARD . Any regulation developed under the authority of § 307(b) of the Federal Act (§ 307(b) of the Clean Water Act, being 33 U.S.C. 1317(b)) and 40 C.F.R. § 403.5.

NEW SOURCE . Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) Categorical Pretreatment Standard which will be applicable to the source, if the standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard.

NUISANCE . Any thing which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

PERSON . Any individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include feminine, the singular shall include the plural where indicated by the context.

pH . The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT . Any dredge spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharge equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

POLLUTION . An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects the waters for beneficial use or facilities which serve the beneficial uses. POLLUTION may include contamination.

P.O.T.W. SANITARY SEWER . A system of pipes, ditches, mains and conduits designed and used for the transport of wastewater to the P.O.T.W. treatment plant.

P.O.T.W. TREATMENT PLANT . The portion of the P.O.T.W. designed to provide treatment to wastewater whether of industrial or domestic origin.

PRETREATMENT or TREATMENT . The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing pollutants into a sewage treatment plant.

PRETREATMENT REQUIREMENTS . Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PUBLIC SEWER . The P.O.T.W. sanitary sewer.

PUBLICLY-OWNED TREATMENT WORKS (P.O.T.W.) . A treatment works as defined by § 212 of the Federal Act which is owned by the city including any sanitary sewers that convey wastewater to the P.O.T.W. treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this subchapter, P.O.T.W. shall also include any sewers that convey wastewaters to the P.O.T.W. from persons outside the city who are, by contract or agreement with the city, users of the city's P.O.T.W.

SEWAGE . Wastewater.

SHALL . The act referred to is mandatory.

SIGNIFICANT INDUSTRIAL USER . Any industrial user of the city's wastewater disposal system who has a discharge equal to or exceeding the concentrations of pollutants in 25,000 gallons or more of equivalent domestic sewage per average work day; has a flow greater than 5% of the flow in the city's wastewater treatment system; has in its wastes toxic pollutants as defined pursuant to § 307 of the Federal Act of California's Statutes and rules; or is found by the City, State of California Regional Water Quality Control Board, or the U.S. Environmental Protection Agency (E.P.A.) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

SOLID WASTES . The non-liquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.

SPECIAL SEWER FEE . The fee established by resolution of the City Council to be paid by any person upon issuance of a permit to connect to a special sewer.

SPECIAL SEWER . Any sewer or storm drain constructed under the authority of the city the costs of which were not directly assessed to or borne by the abutting property and which have been or may hereafter be designated as such special sewer by resolution of the City Council.

STANDARD INDUSTRIAL CLASSIFI- CATION (S.I.C.) . A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

STANDARD METHODS . All measurements, tests and analysis of characteristics of waters and wastes shall be made and determined in accordance with the latest edition of the Standard Methods of Examination of Water and Waste Water , published by the American Health Association.

STATE . The State of California.

STORM SEWER . A sewer which carries storm and surface waters and drainage, but which excludes sewage and industrial waste other than uncontaminated cooling water.

STORM WATER . Any flow occurring during or following any form of natural precipitation and resulting therefrom.

TOTAL SUSPENDED SOLIDS (T.S.S.) . The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids and which is removable by laboratory filtering.

TOXIC POLLUTANT . Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of § 307(a) of the Federal Act or other applicable law.

UNCONTAMINATED WATER . Any wasted water of the community not contaminated or polluted with wastewater and which is suitable, or could readily be made suitable, for discharge to the municipal storm water drainage system.

USER . Any person who contributes, causes or permits the contribution of wastewater into the city's P.O.T.W..

WASTE . Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal origin or from any producing, manufacturing.

WASTEWATER CONSTITUENTS AND CHARACTERISTICS . The individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality and strength of wastewater.

WASTEWATER . The water carried wastes of the community derived from human or industrial sources, including domestic wastewater and industrial wastewater. WASTEWATER shall not include rainwater, groundwater and the drainage of uncontaminated water.

WATERS OF THE STATE . All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

3. The following abbreviations shall have the designated meaning:

B.O.D. Biochemical oxygen demand.

C.F.R. Code of Federal Regulations.

C.O.D. Chemical oxygen demand.

E.P.A. United States Environmental Protection Agency.

l. Liter.

L.E.L. Lower explosive limit.

mg. Milligrams.

mg/l. Milligrams per liter.

N.P.D.E.S. National Pollutant Discharge Elimination System.

P.O.T.W. Publicly-owned treatment works.

S.I.C. Standard Industrial Classification.

S.W.D.A. Solid Waste Disposal Act.

T.S.S. Total suspended solids.

(1973 Code, § 6-7.307) (Ord. 97-6, eff. 10-8-1997; Am. Ord. 13-04, eff. 4-24-2013)

1. Adequate identification shall be provided by the Director of Public Works for all inspectors and other authorized personnel, and such persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. Inspections of every facility involved directly or indirectly with the discharge of wastewater to the city's sewerage systems may be made by the Director of Public Works as he or she deems necessary.

2. The facilities shall include, but not be limited to sewers; sewerage pumping plants; pollution control plants; all industrial processes; industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers; and all similar sewerage facilities.

3. 1. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this subchapter.

   2. Access to all of such facilities or to other facilities directly or indirectly connected to the city's sewerage systems shall be given to authorized personnel of the city at all reasonable times, including those occasioned by emergency conditions.

4. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Director of Public Works and shall not be replaced.

5. No person shall interfere with, delay, resist or refuse entrance to authorized city personnel attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the city's sewerage systems.

(1973 Code, § 6-7.308) (Ord. 97-6, eff. 10-8-1997)

1. The Director of Public Works will approve plans for sewerage construction and issue a permit for industrial wastewater discharges or any other permit under this subchapter only if it appears to the Director of Public Works that the sewerage construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this subchapter.

2. If requested to do so, the Director of Public Works will issue an inspection certificate, indicating the satisfactory completion of the required work, when all the work required by the approved plans or permit has been completed and approved by the city's inspectors.

3. All fees and charges required by this subchapter shall be paid before the approval of plans or the issuance of a permit or an inspection certificate.

4. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him or her pursuant to this subchapter.

(1973 Code, § 6-7.309) (Ord. 97-6, eff. 10-8-1997)

1. Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger adversely affected by any decision, action or determination made by or on behalf of the city in interpreting or implementing the provisions of this subchapter, or any permit issued pursuant to the provisions of this subchapter, may file with the city a written request for reconsideration. The request shall be acted upon by the Director of Public Works within 45 days after the date of filing.

2. If the ruling made by the Director of Public Works is unsatisfactory to the person requesting reconsideration, the person may make a written appeal to the Council within 45 days after the service of the notice of the action taken by the Director of Public Works.

3. The written appeal shall state all the pertinent aspects of the matter and shall be accompanied by a fee of $50 Dollars, which shall be non-refundable. Within 45 days after the written appeal is received, the Council shall hold a hearing on the matter. At the hearing, the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in his or her own behalf. Notice of the hearing shall be given in accordance with § 52.999(B) at least 15 days prior to the date of the hearing. Within 45 days after the hearing is closed, the Council shall make a final ruling on the appeal.

(1973 Code, § 6-7.310) (Ord. 97-6, eff. 10-8-1997)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the city's sewerage systems shall be a violation of this subchapter.

(1973 Code, § 6-7.311) (Ord. 97-6, eff. 10-8-1997)

1. No person, other than employees of the city, persons contracting to do work for the city, and maintenance workers of the local sewering agency, shall construct, or cause to be constructed, or alter, or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer, sewage pumping plant, pollution control plant or other sewerage facility within the city where existing or proposed wastewater flows will discharge directly or indirectly to the facilities of the city without first obtaining the approval of the sewerage construction plans from the Director of Public Works.

2. Plans for sewerage construction shall meet all the design requirements of the public corporation having area jurisdiction and shall also meet all the design requirements established by the Director of Public Works and shall be prepared by a civil engineer registered by the state.

3. The approval of the plans for sewerage construction shall expire one year after the date of approval unless construction has been initiated.

(1973 Code, § 6-7.312) (Ord. 97-6, eff. 10-8-1997)

1. All sewers to be attached directly to the P.O.T.W. sanitary sewer shall be inspected by personnel of the city during construction.

2. At least 48 hours prior to cutting into a city sewer, the city shall be notified.

(1973 Code, § 6-7.313) (Ord. 97-6, eff. 10-8-1997; Am. Ord. 13-04, eff. 4-24-2013)

1. No user shall contribute or cause to be contributed, directly or indirectly, an incompatible pollutant or wastewater which will interfere with the operation or performance of the P.O.T.W.

2. These general prohibitions apply to all such users of a P.O.T.W. whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.

(1973 Code, § 6-7.314) (Ord. 97-6, eff. 10-8-1997)

No industrial wastewater shall be discharged to the P.O.T.W. sanitary sewer or to a sewer discharging directly or indirectly to the P.O.T.W. sanitary sewer until a permit has been obtained from the Director of Public Works.

(1973 Code, § 6-7.315) (Ord. 97-6, eff. 10-8-1997; Am. Ord. 13-04, eff. 4-24-2013)

1. It is the responsibility of each discharger to maintain the laterals and collecting sewers that discharge waste from his or her premises directly or indirectly to the P.O.T.W. sanitary sewer.

2. The city hereby reserves the right to inspect any lateral or collecting sewer that discharges wastewater directly or indirectly to the P.O.T.W. sanitary sewer. If it is found that a lateral or collecting sewer is improperly used or maintained, thereby causing the discharge of wastewater, excessive groundwater, debris or any other objectionable substance to the city's sewers, the Director of Public Works shall give notice of the unsatisfactory condition to the offending discharger, who shall thereafter be obliged to correct the improper use or maintenance of the lateral or collecting sewer as specified by the notice.

3. If the discharger does not comply with the notice specified in division (B) above in the time specified in the notice, the city may disconnect the premises of that discharger from the city's sewer system.

4. Each discharger, and any responsible person as that term is defined in § 95.26 of this Code, shall be responsible for maintenance of the building sewer and its connections to both the building or premises the building sewer services and the P.O.T.W. sanitary sewer at his, her, or its own expense and shall be jointly and severally liable for any damages which may result from his, her, or its failure to do so,

including, but not limited to, physical damage to the P.O.T.W. or to any other public or private property; fines, penalties, or sanctions imposed on the discharger or on the city by any regulatory agency; and any and all penalties under this chapter or other applicable law.

(1973 Code, § 6-7.316) (Ord. 97-6, eff. 10-8-1997; Am. Ord. 07-06, eff. 6-25-2007; Am. Ord. 13-04, eff. 4-242013)

1. No person shall discharge, or cause to be discharged, to the P.O.T.W. sanitary sewer, either directly or indirectly, any waste that creates a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to the sewers or sewerage facilities of the city. Any excessive sewer or sewerage maintenance expense, or any other expense attributable thereto, shall be charged to the offending discharger by the city.

2. Any refusal to pay the excessive maintenance expenses duly authorized by the Director of Public Works shall constitute a violation of this subchapter.

(1973 Code, § 6-7.317) (Ord. 97-6, eff. 10-8-1997; Am. Ord. 13-04, eff. 4-24-2013)

1. In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen, but will depend on the results of technical determinators and the actions of regulatory agencies. The list of constituents which may be regulated provides specific limits only where they are now reasonably well established. The other constituents in the list are presented with the objective of enumerating the types of wastes which will be regulated from time to time.

2. No person shall discharge or cause to be discharged to a public sewer which directly or indirectly connects to the city's sewerage systems the following wastes:

   1. Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the P.O.T.W. or to the operation of the P.O.T.W.; (At no time, shall 2 successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (L.E.L.) of the meter. Prohibited materials include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, the state or E.P.A. has notified the user is a fire hazard or a hazard to the system.)

   2. Any waste containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with the wastewater treatment processes, cause a public nuisance or cause any hazardous condition to occur in the sewerage system;

   3. Any waste having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel, or which may cause damages to structures, equipment or other physical facilities of the sewerage system;

   4. Any solid or viscous substance of a size or in such quantity that they may cause obstructions to the flow in the sewer or be detrimental to proper wastewater treatment plant operations; (The objectionable substances shall include, but shall not be limited to asphalt, dead animals, offal,

ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers and other similar paper products, either whole or ground.)

5. Any substance which may cause the P.O.T.W.'s effluent or any other product of the P.O.T.W. such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process; (In no case, shall a substance discharged to the P.O.T.W. cause the P.O.T.W. to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the S.W.D.A., the Clean Air Act, the Toxic Substances Control Act or state or local criteria applicable to the sludge management method being used and the sludge disposal site.)

6. Any rainwater, storm water, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays, or any other uncontaminated water;

7. Any water added for the purpose of diluting wastes which would otherwise exceed the applicable maximum concentration limitations;

8. Any non-biodegradable cutting oil, commonly called soluble oil, which forms persistent water emulsions;

9. Any excessive concentration of non- biodegradable oil, petroleum oil or refined petroleum products;

10. Any wastewater having a temperature which will inhibit biological activity in the P.O.T.W. treatment plant or wastewater with a temperature which exceeds 120°F;

11. Any dispersed biodegradable oil or fat, such as lard, tallow or vegetable oil, in excessive concentrations that would tend to cause adverse effects on the sewerage system;

12. Any waste with an excessively high concentration of cyanide;

13. Any unreasonably large amount of undissolved or dissolved solids;

14. Any waste with excessively high biochemical oxygen demand, C.O.D. or decomposable organic content;

15. Any strongly odorous waste or waste tending to create odors;

16. Any waste containing over 0.1 milligram/liter of dissolved sulfides;

17. Any waste with a pH high enough to cause alkaline incrustations on sewer walls;

18. Any substance promoting, or causing the promotion of, toxic gases;

19. Any waste having a temperature of 120°F or higher;

20. Any waste containing an excessive quantity of chlorine or other chemical compound used for disinfecting purposes;

21. Any excessive amount of chlorinated hydrocarbon or organic phosphorus type compounds;

22. Any excessive amount of deionized water, steam condensate or distilled water;

23. Any waste containing substances that may precipitate, solidify or become viscous at temperatures between 50°F and 100°F;

24. Any waste producing excessive discoloration of wastewater or treatment plant effluent;

25. Any garbage or waste that is not ground sufficiently to pass through a 3/8 inch screen;

26. Any waste containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, mercury, cadmium, selenium, arsenic or any other objectionable material toxic to humans, animals, the local environment or to biological or other wastewater treatment processes;

27. Any blow-down or bleed water from cooling towers or other evaporative coolers exceeding 1/3 of the makeup water;

28. Any single pass cooling water;

29. Any excessive quantity of radioactive material wastes; and

30. Recognizable portions, of the human anatomy.

31. No person shall discharge, or cause to be discharged, to any public sewer which directly or indirectly connects to the city's sewerage system any waste if, in the opinion of the Director of Public Works, the waste may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property or which may otherwise endanger the public, the local environment or create a public nuisance. The Director of Public Works, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment and disposal system available to accept the waste.

32. The Director of Public Works, from time to time, shall prepare a list of the maximum permissible quantities or concentrations of certain constituents in industrial wastewater flows. The list may be approved by resolution of the City Council. The Director of Public Works may issue other directions for meeting the requirements of this section.

(1973 Code, § 6-7.318) (Ord. 97-6, eff. 10-8-1997; Am. Ord. 13-04, eff. 4-24-2013)

If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict his or her discharge until sufficient capacity can be made available. When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewaters of the proposed quantity and quality can be received by available sewerage facilities. The city may refuse service to persons locating facilities in areas where the proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility.

(1973 Code, § 6-7.319) (Ord. 97-6, eff. 10-8-1997)

1. 1. An industrial wastewater pretreatment system or device may be required by the Director of Public Works to treat industrial flows prior to their discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharge of industrial wastewaters, or to accomplish any pretreatment result required by the Director of Public Works. All pretreatment systems or devices shall be approved by the Director of Public Works, but the approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the city.

   2. In special cases, the Director of Public Works may require the construction of sewer lines by the discharger to convey certain industrial wastes to the P.O.T.W. sanitary sewer. All pretreatment systems judged by the Director of Public Works to require engineering design shall have plans prepared and signed by an engineer licensed by the state.

2. 1. Normally, a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows and to facilitate inspections, flow measurements and sampling.

   2. Floor drains from commercial or manufacturing buildings, warehouses or multi-use structures shall not discharge directly to the sewer but shall first discharge to a gravity separation interceptor. Whenever deemed necessary by the Director of Public Works, the owner shall at his

or her own expense, provide such pretreatment or take such other measures as shall be required in order to reduce or eliminate objectionable waste characteristics or to reduce the volume of discharge of waters or wastes being deposited in the P.O.T.W. sanitary sewer.

3. 1. In the event pretreatment or special facilities are required to make the industrial wastes acceptable as provided under this section, the owner shall be required to furnish a compliance schedule and plans, approved prior to construction, showing the method of collection and pretreatment proposed to be used. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of the plans and operating procedures will, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this subchapter.

   2. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.

4. An interim operating permit shall not be issued until such compliance schedule, plans or modifications thereof have been approved by the Director of Public Works. All such facilities shall then be installed in conformity with the aforementioned plans and other city codes or regulations.

(1973 Code, § 6-7.320) (Ord. 97-6, eff. 10-8-1997; Am. Ord. 13-04, eff. 4-24-2013)

Periodic measurements of flow rates, flow volumes, biochemical oxygen demand and suspended solids for use in determining the annual industrial wastewater treatment surcharge and the measurements of other constituents believed necessary by the Director of Public Works, shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the Director of Public Works.

(1973 Code, § 6-7.321) (Ord. 97-6, eff. 10-8-1997)

1. Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate, or a quantity of flow, biochemical oxygen demand or suspended solids significantly in excess of those stated on the industrial wastewater permit or in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges, together with the penalty and interest provided for in this subchapter.

2. Before the charges shall be assessed, at least 2 additional 24-hour samples and flow measurements shall be obtained by the city with all costs of sampling and analyses to be paid by the discharger.

(1973 Code, § 6-7.322) (Ord. 97-6, eff. 10-8-1997)

1. No person shall discharge wastewater containing any parameter in excess of the most recent local limits. The local limits shall be established by the Director of Public Works and adopted by resolution of the City Council.

2. Effluent limitations promulgated by the Act shall apply in any instance where they are more stringent than those in this section. Furthermore, state requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this

subchapter.

3. The collection of samples of wastewater for the measurement of constituents controlled by this section shall be at the end of the industrial process sewer line and prior to the mixing of diluting waters. All measurements, tests and analysis of characteristics of waters and wastes shall be made and determined in accordance with the latest edition of the Standard Methods of Examination of Water and Waste Water, published by the American Health Association, and shall be determined at the control manhole or with samples taken from the control manhole. In the event that no special manhole has been provided, the control manhole shall be the nearest down stream manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of the constituents on the sewer and to determine the existence of dangers or hazards to public health, safety and welfare.

(1973 Code, § 6-7.323) (Ord. 97-6, eff. 10-8-1997)

Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this subchapter for sources in that subcategory, shall immediately supersede the limitations imposed under this subchapter. Although the Director of Public Works will endeavor to notify all affected users of the applicable reporting requirements under Title 40 C.F.R. § 403.12, if the Director of Public Works does not, this does not relieve the users of the responsibility of knowing and complying with the latest applicable federal categorical pretreatment standards and reporting requirements. All records relating to compliance with pretreatment standards shall be made available to officials of the state or E.P.A. upon request.

(1973 Code, § 6-7.324) (Ord. 97-6, eff. 10-8-1997)

Where the city's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95% of the samples taken when measured according to the procedures set forth in 40 C.F.R. § 403.7(b)(2), "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in Title 40 C.F.R. part 403, § 403.7, are fulfilled and prior approval from the approval authority is obtained.

(1973 Code, § 6-7.325) (Ord. 97-6, eff. 10-8-1997)

1. 1. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subchapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city before construction of the facility.

   2. No user who commences contribution to the P.O.T.W. after the effective date of this subchapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of the plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this subchapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the P.O.T.W. of the incident.

   3. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

2. Within 5 days following an accidental discharge the user shall submit to the Director of Public Works a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. The 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 P.O.T.W., groundwater, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this subchapter or other applicable law.

3. 1. 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 dangerous discharge.

   2. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(1973 Code, § 6-7.326) (Ord. 97-6, eff. 10-8-1997)

1. No person shall discharge, or cause to be discharged, any industrial wastewater directly or indirectly to the sewerage facilities owned by the city without first obtaining a city permit.

2. The permit may require the pretreatment of industrial wastewaters before discharge, the restriction of peak flow discharges, the discharge of certain wastewaters only to specified sewers of the city, the relocation of the point of discharge, the prohibition of the discharge of certain wastewater components, the restriction of discharges to certain hours of the day, the payment of additional charges to defray the increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purposes of this subchapter.

3. No such permit shall be transferable without the prior written consent of the Director of Public Works. 4. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the permit should apply to the city for an amended permit.

(1973 Code, § 6-7.327) (Ord. 97-6, eff. 10-8-1997)

1. All significant users shall complete and file with the city, an application in the form prescribed by the city, and accompanied by the applicable fee. Existing users shall apply for a wastewater contribution permit within 60 days after the effective date of this subchapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the P.O.T.W.. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

   1. Name, address and location, (if different from the address);

   2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

   3. Wastewater constituents and characteristics, including, but not limited to those mentioned in this subchapter as determined by a reliable analytical laboratory; (Sampling and analysis shall be performed in accordance with procedures established by the E.P.A..)

   4. Average daily wastewater flow rates including daily, monthly and seasonal variations if any;

   5. Site plans showing all building sewers and appurtenances (manholes, distribution boxes and the like); and

   6. A brief description of activities, facilities and plant processes on the premises including all materials that are or could be involved in discharges to the sewer.

2. The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided in this subchapter.

(1973 Code, § 6-7.328) (Ord. 97-6, eff. 10-8-1997)

1. Wastewater contribution permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city.

2. Permits may contain the following:

   1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a P.O.T.W. sanitary sewer;

   2. The permit fees as established by resolution of the City Council;

   3. Limits on the average and maximum wastewater constituents and characteristics;

   4. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

   5. Requirements for installation and maintenance of inspection and sampling facilities;

   6. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

   7. Compliance schedules;

   8. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto;

   9. Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

   10. Requirements for notification of accidental or slug discharges;

   11. The filing of an accidental discharge procedure for approval by the city as required by § 52.066; 12. Requirement to conform to the minimum reporting requirements of federal categorical pretreatment standards for the particular industry pursuant to § 52.064;

   12. Granting of right of access to inspect, sample and monitor the facility to insure compliance with the permit;

   13. The requirement to pay for any re- testing required by failure of normal testing; and

   14. Other conditions as deemed appropriate by the city to ensure compliance with this subchapter.

(1973 Code, § 6-7.329) (Ord. 97-6, eff. 10-8-1997)

Permits shall be issued for a 1-year period, and at the discretion of the city may be renewed for a period not to exceed 5 years. An annual renewal fee is required independent of the period of time for which a permit is issued for. The user shall apply for permit reissuance a minimum of 180 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 this subchapter are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(1973 Code, § 6-7.330) (Ord. 97-6, eff. 10-8-1997)

Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(1973 Code, § 6-7.331) (Ord. 97-6, eff. 10-8-1997)

The city may change the restrictions or conditions of this subchapter from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any change required by the city in the permit.

(1973 Code, § 6-7.332) (Ord. 97-6, eff. 10-8-1997)

1. The city shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

2. 1. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.

   2. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The user shall have any flow meters instrument calibrated at his or her own expense at least once every 12 months and full flow calibrated once every 3 years.

   3. Any electronic flow meters shall be calibrated annually by an independent technician. The meter shall bear a decal with the calibrator's initials, company name, meter identification number, date calibrated and method of calibration.

3. 1. Whether constructed on public or private property, the sampling and flow monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications.

   2. Construction shall be completed within 90 days following written notification by the city.

(1973 Code, § 6-7.333) (Ord. 97-6, eff. 10-8-1997)

1. 1. The Director of Public Works shall inspect the facilities of any user to ascertain compliance with this subchapter. Occupants of premises where wastewater is discharged shall allow the city or its representatives access at all reasonable times to the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, the state and the E.P.A. shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations.

   2. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, state and E.P.A. will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

2. 1. All measurements, tests and analysis of characteristics of waters and wastes to which reference is made in this subchapter shall be made and determined in accordance with the latest edition of the Standard Methods of Examination of Water and Wastewater , published by the American Public Health Association, and shall be determined at the control manhole or with samples taken from the control manhole.

   2. In the event that no special manhole has been provided, the control manhole shall be the nearest downstream manhole.

   3. Sampling shall be carried out by customarily accepted methods to reflect the effect of the constituents on the sewer and sewage treatment works and to determine the existence of dangers or hazards to public health, safety and welfare.

(1973 Code, § 6-7.334) (Ord. 97-6, eff. 10-8-1997)

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections may be disclosed to the public only as permitted by either the Public Records Act or other provisions of law.

(1973 Code, § 6-7.335) (Ord. 97-6, eff. 10-8-1997)

1. 1. The Director of Public Works may require that any person discharging into a P.O.T.W. sanitary sewer file a periodic discharge report.

   2. The discharge report may include, but need not be limited to nature of process, volume, rates of flow, production quantities, hours of operation, number and classification of employees or other information which relates to the generation of waste including wastewater constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged.

2. In addition to discharge reports, the city may require information in the form of wastewater contribution permit applications, self-monitoring reports, status reports, technical reports and final compliance reports.

(1973 Code, § 6-7.336) (Ord. 97-6, eff. 10-8-1997)

1. All industrial users subject to categorical pretreatment standards must comply with the minimum quarterly reporting requirements contained in the general pretreatment regulations in Title 40 C.F.R. § 403.12 or as amended, or other federal regulations as they apply.

2. Additional reports may be required when users are placed on a compliance schedule.

(1973 Code, § 6-7.337) (Ord. 97-6, eff. 10-8-1997)

Discharges of wastewater in any manner in violation of this subchapter or of any order issued by the Director of Public Works as authorized by this subchapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Director of Public Works.

(1973 Code, § 6-7.338) (Ord. 97-6, eff. 10-8-1997)

Whenever a discharge of wastewater is in violation of the provisions of this subchapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the city may seek injunctive or other relief in a court of competent jurisdiction.

(1973 Code, § 6-7.339) (Ord. 97-6, eff. 10-8-1997)

When a discharge of wastes causes an obstruction, damage or any other impairment to city facilities, the city may assess a charge against the user for the work required to clean or repair the facility and add the charge to the user's charges and fees.

(1973 Code, § 6-7.340) (Ord. 97-6, eff. 10-8-1997)

Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the city or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this subchapter, may be punished according to the California Penal Code or pursuant to the provisions of the Auburn Municipal Code.

(1973 Code, § 6-7.342) (Ord. 97-6, eff. 10-8-1997)

1. The Director of Public Works may suspend the permit for a period of not to exceed 45 days when the suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment, or to the city's sewerage system.

2. Any discharger notified of a suspension of such permit shall immediately cease and desist the discharge of all industrial wastewaters to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the Director of Public Works shall take such steps as are

reasonably necessary to insure compliance.

3. Any suspended discharger may file with the Director of Public Works a request for a Council hearing, in which event the Council shall meet within 14 days after the receipt by the Director of Public Works of the request. The Council shall hold a hearing on the suspension and shall either confirm or revoke the action of the Director of Public Works. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in § 52.054. At such hearing, the suspended discharger may appear personally or through counsel, cross- examine witnesses and present evidence in his own behalf.

4. In the event the Council fails to meet within the time set forth in this section or fails to make a determination within a reasonable time after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the Director of Public Works. The Director of Public Works shall reinstate the permit upon proof of satisfactory compliance with all the discharge requirements of the city.

(1973 Code, § 6-7.343) (Ord. 97-6, eff. 10-8-1997)

1. The Council may revoke the permit upon a finding that the discharger has violated any provision of this subchapter. No revocation shall be ordered until a hearing on the question, has been held by the Council. At the hearing, the discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his or her own behalf. Notice of the hearing shall be given to the discharger in accordance with § 52.054 at least 15 days prior to the date of the hearing.

2. 1. Any discharger whose permit has been revoked shall immediately stop all discharges of any liquid carried wastes covered by the permit to any public sewer that is tributary to a sewer or sewerage system belonging to the city.

   2. The Director of Public Works may disconnect or permanently block from the public sewer the industrial connection sewer of any discharger whose permit has been revoked if the action is necessary to insure compliance with the order of revocation.

3. 1. Before any further discharge of industrial wastewater may be made by the discharger, he shall apply for a new city permit and pay all charges that would be required upon the initial application, together with all delinquent fees, charges and penalties and such other sums as the discharger may owe to the city.

   2. The costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before the issuance of a new permit.

(1973 Code, § 6-7.344) (Ord. 97-6, eff. 10-8-1997)

1. 1. Every person violating any provision of this subchapter, including the failure to pay any fee, charge or surcharge imposed by this article, or any condition or limitation of a permit or plan approval issued pursuant to the provisions of §§ 52.050 et seq ., shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

   2. The city, upon the authorization of the Council, may sue to recover any amount due the city under the provisions of §§ 52.050 et seq .

   3. Any person who intentionally or negligently violates any provision of §§ 52.050 et seq . pertaining to the subject matter of either divisions (A)(1) or (2) above, or any condition or limitation of a permit or plan approval related thereto, shall be civilly liable to the city in a sum of not to exceed $2,000 for each day in which the violation occurs:

   4. The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works or its proper and efficient operation and maintenance; and

   5. The prevention of the entry of the wastewater into the collecting system and treatment works.

2. In the event of such violation, the city, upon the authorization of the Council, shall petition the superior court to impose, assess and recover the sums.

(1973 Code, § 6-7.304) (Ord. 97-6, eff. 10-8-1997)

2. 1. The Director of Public Works shall notify any person found to be in violation of §§ 52.050 et seq ., or of any limitation or requirement of a permit issued pursuant to the provisions of §§ 52.050 et seq ., before the Director of Public Works shall take any action to implement division (A) above and § 52.068, and the Director of Public Works shall take no such action until the elapse of 10 days, after the date notice is given.

   2. Unless otherwise provided in §§ 52.050 et seq ., any notice required to be given by the Director of Public Works pursuant to the provisions of §§ 52.050 et seq . shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Director of Public Works. Where the address is unknown, service may be made upon the owner of record of the property involved.

   3. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Post Office.

(1973 Code, § 6-7.305) (Ord. 97-6, eff. 10-8-1997)

3. Any person who intentionally or negligently violates any provision of §§ 52.050 et seq . or permit condition, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard is guilty of a misdemeanor and shall be liable to penalties imposed by law.

(1973 Code, § 6-7.341) (Ord. 97-6, eff. 10-8-1997)

53 STORMWATER MANAGEMENT AND DISCHARGE CONTROL

53 General Provisions (Sections 53.001-53.009) 53 General Requirements (Sections 53.010-53.023) 53 Administration And Enforcement (Sections 53.024-53.026)

53 General Provisions (Sections 53.001-53.009)

This chapter shall be known as the "Stormwater Management and Control Ordinance of the City of Auburn."

(Ord. 07-03, eff. 3-12-2007)

1. The Federal Water Pollution Control Act of 1972 (otherwise known as the Federal Clean Water Act) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System requirements to stormwater and urban runoff discharge into the city's municipal separate storm sewer system (MS4).

2. The city's Stormwater Management Program, as approved by the California Regional Water Quality Control Board for the Central Valley, requires the city to effectively prohibit non-stormwater discharges from the incorporated area of the city into the city's MS4 except as otherwise permitted by law.

3. The Council finds that the provisions of this chapter provide the city with the legal authority necessary to implement the Stormwater Management Program.

(Ord. 07-03, eff. 3-12-2007)

1. The purpose and intent of this chapter is to ensure the health, safety, and general welfare of residents, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq .) by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-stormwater discharges to the city's MS4.

2. It is the intent of the Council in adopting this chapter to provide the city with the legal authority to accomplish the following goals:

   1. To reduce the discharge of pollutants in stormwater to the maximum extent practicable;

   2. To effectively prohibit non-stormwater discharges into the city's MS4;

   3. To comply with the requirements of the Federal Clean Water Act and the state Porter-Cologne Water Quality Control Act as they apply to the discharge of pollutants into and from the city's MS4;

   4. To fully implement the city's Stormwater Management Program;

   5. To protect the physical integrity and function of the city's MS4 from the effects of pollutants and materials other than stormwater;

   6. To prevent the contamination of groundwater as a result of pollution migration from the city's MS4;

   7. To protect the health and safety of maintenance personnel and the public who may be exposed to pollutants in the city's MS4;

   8. To provide for the recovery of regulatory costs incurred by the city in the implementation of its Stormwater Management Program, including, but not limited to, enforcement activities, inspections, investigations, sampling and monitoring; and

   9. To establish appropriate enforcement procedures and penalties for violations of the provisions of this chapter.

(Ord. 07-03, eff. 3-12-2007)

For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.

BEST MANAGEMENT PRACTICES (BMPs) . Activities, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include structural controls, treatment controls, training requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw materials storage.

CITY . The City of Auburn.

CITY HEALTH OFFICER . The individual identified through contract or delegation by the Council to perform the role/function of City Health Officer.

COUNCIL . The City Council of the City of Auburn.

DEVELOPMENT . Any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project, industrial, commercial, retail, and all other nonresidential projects, public or private, or grading for future construction, for which either a discretionary land use approval or any permit is required.

DIRECTOR . The Public Works Department Director or his or her designee(s) including, but not limited to, enforcement officers authorized by the Director and personnel from other departments designated by the Council.

DISCHARGE . The release or placement of any material into the city's MS4, including, but not limited to, stormwater, wastewater, solid materials, liquids, hazardous waste, raw materials, debris, litter or any other substance.

FEDERAL CLEAN WATER ACT . The Federal Water Pollution Control Act as amended from time to time (33 U.S. Code § 1251 et seq .).

HAZARDOUS SUBSTANCES . Those materials defined as hazardous substances by Title 40 of the Code of Federal Regulations (40 CFR) Part 117 and/or 40 CFR Part 302 and/or Division 20 of the Cal. Health and Safety Code.

ILLICIT CONNECTION . Any man-made conveyance or drainage system pipeline, conduit, inlet or outlet, or condition of property whether on the surface or subsurface through which the discharge of any pollutant to storm drains or storm sewers occurs or may occur.

IMPLEMENTING AGENCY . The agency or department designated by the Director to enforce the provisions of this chapter with respect to a particular site, facility or industry category.

INDUSTRIAL ACTIVITY . Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

MATERIAL . Any substance, including, but not limited to, raw materials, finished products, garbage and debris, lawn clippings, leaves and other vegetation, biological and fecal waste, sediment and sludge, oil and grease, gasoline, paints, solvents, cleaners and any fluid or solid containing chemicals.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) . A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) designed or used for collecting or conveying stormwater, which is not a combined sewer and which is not part of a publicly-owned treatment works.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT . A permit issued by either the California Regional Water Quality Control Board for the Central Valley or the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with 13370) of Division 7 of the Water Code to control discharges from point sources to waters of the United States, or permit issued by the United States Environmental Protection Agency pursuant to the federal Water Pollution Control Act (33 U.S.C. § 1341 et seq .) to control discharges from point sources to waters of the United States.

NON-STORMWATER DISCHARGES . Any discharge to the city's MS4 that is not composed entirely of stormwater.

PERSON . Any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

POLLUTANT . Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatable substances; pesticides; herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

POLLUTION . The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

PROHIBITED DISCHARGE . Any non-stormwater discharge to the city's MS4, which is not otherwise specifically authorized by this chapter, the Regional Board, state or federal law, or an NPDES permit.

REGIONAL BOARD . The California Regional Water Quality Control Board for the Central Valley Region.

STORMWATER . Any surface flow, runoff, and drainage consisting entirely of water from rainstorm events and snow melt.

SUBJECT ACTIVITIES . Any industrial activity which is determined by the Director to discharge or have the potential to discharge pollutants into stormwater or non-stormwater in quantities or concentrations which may cause exceedance of receiving water limitations.

THREATENED PROHIBITED DISCHARGE . Any condition or activity which does not currently result in a prohibited discharge but is nevertheless determined by the Director to be a condition which results in a substantial likelihood of a future prohibited discharge.

WATERS OF THE UNITED STATES ORWATERS OF THE U.S . Surface watercourses and water bodies as defined in Part 122.2 of Title 40 of the Code of Federal Regulations or any successor provisions.

(Ord. 07-03, eff. 3-12-2007)

The Public Works Department is hereby designated as the city department responsible for the administration of this chapter.

(Ord. 07-03, eff. 3-12-2007)

The provisions of this chapter shall be construed to achieve consistency with the requirements of the federal Clean Water Act (33 U.S.C. § 1251 et seq .) and the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq. ), and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.

(Ord. 07-03, eff. 3-12-2007)

In the event of any conflict between this chapter and any federal or state law, regulation, order, or permit, that requirement which establishes the higher standard for public health and safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement of any other applicable law, regulation, order or permit.

(Ord. 07-03, eff. 3-12-2007)

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements relating to the control of pollutant discharges or protection of stormwater quality, or both. This chapter shall not create liability on the part of the City of Auburn or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision made thereunder.

(Ord. 07-03, eff. 3-12-2007)

Any discharge which would result in or contribute to the city's non-compliance with the state's General NPDES permits for Storm Water Discharges from Small MS4s or any amendment, revision, or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify, and hold harmless the city against any claim, expense, liability, or payment for injury or damage to any person or property and shall defend, indemnify, and hold harmless the city in any administrative or judicial enforcement or any legal action resulting from such discharge.

(Ord. 07-03, eff. 3-12-2007)

53 General Requirements (Sections 53.010-53.023)

Except as provided in § 53.011, no person shall discharge or cause to be discharged into the city's MS4 or watercourses any materials, other than stormwater, containing any pollutants that cause or contribute to a violation of applicable water quality standards, including but not limited to pollutants or waters.

(Ord. 07-03, eff. 3-12-2007)

The following discharges to the city's MS4 are exempt from the otherwise applicable discharge prohibition set forth in § 53.010:

1. Any discharge regulated under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California under the authority of the Federal Environmental Protection Agency or under state authority, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the city for any discharge to the city's MS4.

2. The stormwater containing pollutants has been reduced to the maximum extent practicable by the application of best management practices or other management measures set forth in the city's Stormwater Management Plan.

3. Any discharge from any of the following activities provided that any such discharge is not identified as a significant contributor of pollutants to the city's MS4 by the Executive Officer of the Regional Board: 1. Water line flushing;

   2. Landscape irrigation;

   3. Diverted stream flows;

   4. Rising ground waters;

   5. Uncontaminated groundwater infiltration [as defined in 40 CFR 35.2005 (20)] to MS4s;

   6. Uncontaminated pumped ground water;

   7. Discharges from potable water sources;

   8. Foundation drains;

   9. Air conditioning condensate;

   10. Irrigation water;

   11. Springs;

   12. Water from crawl space pumps;

   13. Footing drains;

   14. Lawn watering;

   15. Individual residential car washing;

   16. Flows from riparian habitats and wetlands;

   17. Dechlorinated swimming pool discharges; or

   18. Discharges or flows from emergency fire fighting activities.

4. Any discharges which the Director, the City Health Officer or the Regional Board determines in writing are necessary for the protection of public health and safety.

5. With written concurrence of the Regional Board, the city may exempt in writing other non-stormwater discharges which are not a source of pollutants to the city's MS4.

(Ord. 07-03, eff. 3-12-2007)

Notwithstanding the exemptions provided for in § 53.011 above, if the Regional Board or the Director determines that a discharge which is otherwise exempt from the prohibition on discharges causes or significantly contributes to the violation of any receiving water limitation or results in the conveyance of significant quantities of pollutants to surface waters, or is otherwise a danger to public health or safety, the Director may give written notice to the owner or operator of the facility that the discharge exception shall not apply to the discharge at issue following expiration of the 30-day period commencing upon delivery of the notice. Upon expiration of such 30-day period, any such discharge shall be unlawful.

(Ord. 07-03, eff. 3-12-2007)

It shall be unlawful for any person to maintain, or cause to be maintained, a threatened prohibited discharge after having received notice of the Director's determination as to the existence of a threatened prohibited discharge.

(Ord. 07-03, eff. 3-12-2007)

1. It shall be unlawful for any person to establish, use or maintain, or cause to establish, use or maintain, any illicit connection. Illicit connections shall be subject to removal or abatement by the city pursuant to § 53.026 of this chapter.

2. The prohibition set forth in division (A) above shall apply to illicit connections in existence when this chapter becomes effective. Upon the effective date of this chapter, any person who maintains an illicit connection shall have 30 days from the effective date of this chapter to disconnect and discontinue use of such connection. Notwithstanding the provisions of this section, any person who maintains an illicit connection, as defined in § 53.004, may apply to the city for a permit to continue the connection subject to applicable city standards.

(Ord. 07-03, eff. 3-12-2007)

A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge.

(Ord. 07-03, eff. 3-12-2007)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the city's MS4, or waters of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

(Ord. 07-03, eff. 3-12-2007)

Any person subject to an industrial or construction NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to or as a condition of a subdivision map, site plan, building permit, grading permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. 07-03, eff. 3-12-2007)

The city may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the city's MS4, or waters of the U.S.

(Ord. 07-03, eff. 3-12-2007)

The city may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement, grading and erosion control, construction or building-related permit to be issued relative to such development or redevelopment.

(Ord. 07-03, eff. 3-12-2007)

1. Any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the city's MS4, or waters of the U.S. shall implement BMPs to the maximum extent practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the city's MS4 or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.

2. BMPs required or recommended by the city may be obtained from the Public Works Department.

(Ord. 07-03, eff. 3-12-2007)

Whenever the city finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the city's MS4, or waters of the U.S., the city may require by written notice to the owner of the property and/or responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the enforcement provisions of § 53.026 below.

(Ord. 07-03, eff. 3-12-2007)

The city may require, by written notice of this requirement, that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the city's MS4 or waters of the U.S., undertake at said person's expense such monitoring and analyses and furnish such reports to the city as the Director deems necessary to determine compliance with this chapter.

(Ord. 07-03, eff. 3-12-2007)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the city's MS4, or waters of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the city's Public Works Department in person or by phone or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city's Public Works Department within 3 business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 3 years.

(Ord. 07-03, eff. 3-12-2007)

53 Administration And Enforcement (Sections 53.024-53.026)

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the Director may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. The owner or occupant shall provide immediate access when an emergency exists, regardless of the hour of the day. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to

seek assistance from any court of competent jurisdiction in obtaining a warrant authorizing such entry. In the event of an emergency affecting the public health or safety, an inspection may be performed without consent or the issuance of such warrant.

(Ord. 07-03, eff. 3-12-2007)

During an inspection as provided in § 53.024, the Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

(Ord. 07-03, eff. 3-12-2007)

1. Notice of violation .

1. Whenever the Director finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

   1. The performance of monitoring, analyses, and reporting;

   2. The elimination of illicit connections or discharges;

   3. That violating discharges, practices, or operations shall cease and desist;

   4. The abatement or remediation of stormwater pollution or contamination of hazards and the restoration of any affected property;

   5. Payment of administrative and remediation costs with respect to such violation; and

   6. Implementation or maintenance of source control or treatment BMPs.

2. If abatement of a violation, restoration of affected property or both is or are required, the notice shall set forth a deadline by which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the city or a contractor designated by the Director and the expense thereof shall be charged to the violator pursuant to division (E) below.

3. Appeal . Notwithstanding the provisions of division (E) below, any person receiving a Notice of Violation under division (A)(1) above may appeal the determination of the Director pursuant to Title I, Chapter 11, §§ 11.15 through 11.18 of this code except that the City Manager or a hearing officer appointed by the City Manager from a list approved by the City Council shall be the appellate hearing body.

4. Abatement by city . If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal under division (B) above, within 10 days of the appeal decision upholding the decision of the Director, then the city or a contractor designated by the Director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Director or designated contractor to enter upon the premises for the purposes set forth above. In the event the owner or occupant refuses entry after a request to enter and remediate the property has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and remediation.

5. Charging cost of abatement/liens .

   1. Within 30 days after abatement of the nuisance by the city, the Director shall notify the property owner of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The

City Clerk shall set the matter for public hearing by the City Manager or a hearing officer appointed by the City Manager from a list approved by the City Council. The decision of the City Manager or a hearing officer shall be set forth in writing and be final.

2. If the amount due is not paid within 10 days of the decision on the appeal or the expiration of the time in which to file an appeal under this article, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be filed with the County Assessor so that the Assessor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.

3. Urgency abatement . The Director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Director, the city is authorized to enter onto private property, without consent or the issuance of a warrant by a court of competent jurisdiction, and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party.

4. Violations . It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter or for any owner of property or other person who controls property to allow another person to do so. A violation or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor (unless the prosecutor determines that the interests of justice require it to be charged as an infraction) and shall be punishable as set forth in Title I, Chapter 10 of this code.

5. Compensatory action . In lieu of other enforcement proceedings, penalties, and remedies authorized by this chapter, a notice of violation under § 53.026 may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.

6. Violations deemed a public nuisance . In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated or restored by the city at the violator's expense, and/or civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city, pursuant to §§ 95.25 - 95.45 of Chapter 95 of Title IX of the Auburn Municipal Code, any other applicable section of the Auburn Municipal Code, and other law.

7. Acts potentially resulting in a violation of the Federal Clean Water Act and/or state Porter-Cologne Water Quality Control Act . Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the federal Clean Water Act and/or the state Porter-Cologne Water Quality Control Act and may be subject to sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

8. Remedies cumulative . The requirements of this chapter may be enforced by any remedy available at law, in equity, under this code or otherwise. Resort to one remedy shall not preclude resort to another remedy in the same or a subsequent case and all remedies authorized hereunder shall be cumulative.

(Ord. 07-03, eff. 3-12-2007)

54 Mandatory Organic Waste Disposal Reduction Ordinance

• 54.07 Requirements For Food Recovery Organizations And Services

• 54.11 Procurement Requirements For City Departments, Direct Service Providers, And Vendors

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.01 Title

This Chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.02 Definitions

1. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others).

2. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

3. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.

4. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a) (74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).

5. “Compliance Review” means a review of records by the City to determine compliance with this Chapter, SB 1383, and SB 1383 Regulations.

6. “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

7. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

8. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a) (1)(C]

9. “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

10. “C&D” means construction and demolition debris.

11. “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:

12. The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.

    1. If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility”.

    2. The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.

       1. If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility.” For the purposes of this Chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

13. “Designated Container(s)” shall mean the container(s) designated by the City’s Designee for the collection of Solid Waste, all Source Separated Recyclable Materials, all Food Waste, and all Source Separated Green Organic Waste.

14. “Designee” means an entity that the City authorizes, permits, or contracts with or otherwise arranges to carry out any or all of the responsibilities under this Chapter, SB 1383, and/or SB 1383 Regulations, as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, Regional Agency, a hauler, a private entity, or a combination thereof.

15. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.

16. “Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

17. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City , or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Public Resources Code Sections 41500 and 41802. Excluded Waste does not include used motor oil and filters, household batteries, [electronic wastes, universal wastes, and/or paints and coatings when such materials are defined as allowable materials for collection through the City’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by City or its Designee for collection services.

18. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

19. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

20. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

21. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a) (25), including, but not limited to:

22. A food bank as defined in Section 113783 of the Health and Safety Code.

23. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

24. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.

25. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

26. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

27. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

28. “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, paper towels, napkins, tissues, and pizza boxes, and milk cartons that are generated in all areas of commercial buildings and properties. This definition excludes Paper that has contacted substantial amounts of inorganic, toxic, or corrosive substances.

29. “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics.

30. “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

31. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’ collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

32. “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a) (11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

33. “Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

34. “City” means the City of the Auburn.

35. “Enforcement Official” means the City Manager of the City of Auburn or other duly appointed official.

36. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.

37. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.

38. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

39. “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

40. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

41. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

42. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

43. “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

44. Special district(s) located within the boundaries of the City.

45. Federal facilities, including military installations, located within the boundaries of the City.

46. Prison(s) located within the boundaries of the City.

47. Facilities operated by the State park system located within the boundaries of the City.

48. Public universities (including community colleges) located within the boundaries of the City.

49. County fairgrounds located within the boundaries of the City.

50. State agencies located within the boundaries of the City.

51. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

52. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

53. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

54. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

55. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

56. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a) (54).

57. “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Designated Container that are not identified as acceptable Source Separated Recyclable Materials for that container; (ii) discarded materials placed in the Designated Container that are not identified as acceptable Source Separated Organic Waste for that container; and (iii) Excluded Waste placed in any container.

58. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

59. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

60. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

61. “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Designated Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

62. “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

63. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for onpremises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

64. “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

65. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of shortlived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

66. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

67. “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person or facility. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

68. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.

69. “Solid Waste” has the same meaning as defined in Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

70. Hazardous waste, as defined in the Public Resources Code Section 40141.

71. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

72. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code.

73. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the

economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Mixed Waste or other Solid Waste for the purposes of collection and processing.

60. “Source Separated Organic Waste” means Source Separated Organic Wastes that can be placed in a Designated Container for collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

61. “Source Separated Green Organic Waste” means Source Separated Organic Waste that can be placed in a Designated Container that is specifically intended for collection of Organic Waste by the generator, excluding Source Separated Organic Waste, carpets, Non-Compostable Paper, and textiles

62. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Organic Waste.

63. “State” means the State of California.

64. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

65. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

66. Supermarket.

67. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

68. Food Service Provider.

69. Food Distributor.

70. Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.

71. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

72. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

73. Hotel with an on-site Food Facility and 200 or more rooms.

74. Health facility with an on-site Food Facility and 100 or more beds.

75. Large Venue.

76. Large Event.

77. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

78. A Local Education Agency facility with an on-site Food Facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.

79. “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

80. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

HISTORY

Adopted by Ord. 22-01 on 1/24/2022

Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 54.09:

1. Shall subscribe to the City’s Solid Waste and Organic Waste collection services for all Solid Waste and all Organic Waste generated as described below in Section 54.03(b). The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

2. Shall participate in the City’s Solid Waste and Organic Waste collection service(s) by placing designated materials in the Designated Container(s) as described below and shall not place Prohibited Container Contaminants in Designated Containers.

(1) Generator shall place all Solid Waste, all Source Separated Recyclable Materials, all Food Waste, and all Source Separated Green Organic Waste in the Designated Container(s).

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.04 Requirements For Commercial Businesses

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

1. Subscribe to the City’s Solid Waste and Organic Waste collection services as described below in Section 54.04(b), except Commercial Businesses that meet the Self-Hauler requirements of Section 54.09. The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City.

2. Except Commercial Businesses that meet the Self-Hauler requirements of Section 54.09, participate in the City’s Solid Waste and Organic Waste collection services by placing designated materials in Designated Containers as described below.

   1. Generator shall place Source Separated Green Organic Waste, including Food Waste, and Source Separated Recyclable Materials and Solid Waste in the Designated Container(s).

3. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s Designated Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program in accordance with Section 54.09.

4. Excluding Multi-Family Residential Dwellings, provide Designated Containers for the collection of Source Separated Green Organic Waste, Solid Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. If a Commercial Business provides substantial evidence and the City agrees that the business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

   1. A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

   2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

   3. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Designated Container collection service or, if selfhauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program in accordance with Section 54.09.

   4. Excluding Multi-Family Residential Dwellings, inspect at least one time per month Designated Containers for contamination, and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

   5. On at least a quarterly basis, provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Organic Waste and Source Separated Recyclable Materials.

   6. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Organic Waste and Source Separated Recyclable Materials separate and the location of containers and the rules governing their use at each property.

5. Provide or arrange access for the City, its agent, or its Designee to their properties during all Inspections to confirm compliance with the requirements of this Chapter.

   8. Accommodate and cooperate with any Remote Monitoring program approved by the City or its Designee.

   9. If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of Section 54.09.

6. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

7. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements of Section 54.06.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.05 Waivers For Generators

The City may grant the following waiver in accordance with SB 1383 Regulations to a generator of organic waste:

1. Collection Frequency Waiver. The City or its Designee, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s two container Organic Waste collection service to arrange for the collection of all Designated Containers, or both once every fourteen days, rather than once per week. Any waiver requests must be submitted to and approved by the City or its Designee for review and approval.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022

1. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

   1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

   2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

   3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

   4. The name, address, and contact information for each Food Recovery Organization to which the Food Recovery Service transports Edible Food for Food Recovery.

2. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

   1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

   2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

   3. The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.

3. Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

4. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City or its Designee the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b), no later than July 30th and upon the City’s or its Designee’s request.

5. Food Recovery Capacity Planning

   1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments, Food Recovery Organizations operating in the City shall provide information and consultation to the City or its Designee, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City or its Designee and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City, or its Designee shall respond to such request for information within 60 days.

   2. Cities that provide solid waste collection services, and regional agencies located within the county shall conduct Edible Food Recovery capacity planning, in coordination with the county.

      1. If the county identifies that new or expanded capacity to recover Edible Food is needed, then each jurisdiction within the county that lacks capacity shall:

      2. Submit an implementation schedule to CalRecycle and the county that demonstrates how it will ensure there is enough new or expanded capacity to recover the Edible Food currently disposed by Commercial Edible Food Generators within its jurisdiction by the end of the reporting period set forth in 14 CCR Section 18992.3. The implementation schedule shall include the information specified in 14 CCR Section 18992.2(c)(1)(A).

      3. Consult with Food Recovery Organizations and Food Recovery Services regarding existing or proposed new and expanded capacity that could be accessed by the jurisdiction and its Commercial Edible Food Generators. (B)

   3. If the county finds that new or expanded capacity is needed, the county shall notify the jurisdiction(s) that lack sufficient capacity.

   4. A city that provides solid waste collection services shall respond to the county’s request for information within 120 days of receiving the request from the county unless a shorter timeframe is otherwise specified by the county.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.08 Requirements For Haulers And Facility Operators

1. Requirements for Haulers

   1. Franchised and permitted haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

      1. Through written notice to the City annually on or before January 1, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Organic Waste.

      2. Transport Source Separated Recyclable Materials and Source Separated Organic Waste, to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

      3. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this Chapter, and any applicable provision(s) of this code

2. Franchised and permitted haulers authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with City.

3. Requirements for Facility Operators and Community Composting Operations

   1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon request of the City, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

   2. Community Composting operators, upon request of the City shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.09 Self-Hauler Requirements

1. Self-Haulers shall source separate all recyclable materials and Organic Waste (materials the City otherwise requires generators to separate for collection in its organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

2. Self-Haulers shall haul their Source Separated Recyclable Materials and Solid Waste to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

3. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City or its Designee. The records shall include the following information:

   1. Delivery receipts and weight tickets from the entity accepting the waste.

   2. The amount of material in cubic yards or tons transported by the generator to each entity. 3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall

keep a record of the entities that received the Organic Waste.

4. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 54.09(c) to the City or its Designee if requested. Self-haulers must also register with the City or its Designee prior to engaging in hauling.

5. A residential Generator that self-hauls is not required to record or report information in Section 54.09(c) and (d); provided, however, that such hauler shall annually certify to compliance with this Section on a form provided by the City as a precondition to self-hauling.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.10 Compliance With Calgreen Recycling Requirements

1. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen.

2. Project applicants shall refer to City's building and/or planning code for complete CALGreen requirements.

3. For projects covered by CALGreen, the applicants must, as a condition of the City’s permit approval, comply with the following:

   1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Designated Container materials, consistent with the three container collection program offered by the City , or comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

   2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Designated Container materials, consistent with the two-container collection program offered by the City , or shall comply with provision of adequate space for recycling for Multi-Family Complexes and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

   3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Compost Material in C&D from disposal. Comply with all provisions of this code and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022

1. City departments, and direct service providers to the City, as applicable, must comply with the City’s Recovered Organic Waste Product Procurement Policy, as adopted and amended from time to time by the City Council.

2. All vendors providing Paper Products and Printing and Writing Paper shall:

   1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.

   2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

   3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

   4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

   5. Provide records to the City’s Recovered Organic Waste Product procurement recordkeeping employee or agent, in accordance with the City’s Recycled-Content Paper procurement policies, of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 54.11(b)(3) and 54.11(b)(4) for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.12 Model Water Efficient Landscaping Ordinance Requirements

1. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review, if applicable, from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section.

2. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this Chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

3. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 54.12(a) above shall:

   1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:

      1. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.

      2. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

      3. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

   2. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 54.12(a) above shall consult the full MWELO for all requirements.

4. If, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022

1. City representatives and its Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including MultiFamily Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, SelfHaulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment or (ii) access to records for any Inspection or investigation is a violation of this Chapter.

2. Any records obtained by the City and/or its Designee during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

3. City representatives and its Designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

4. The City and/or its Designee shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.14 Delegation Of Authority

1. The City Council may delegate all City responsibilities and authority under this Chapter, SB 1383, and SB 1383 Regulations including, but not limited to, those related to Organic Waste collection services, education, inspections and investigations, and Edible Food recovery services, to its Designee by:

   1. Contracts with haulers or other private entities; or

   2. Agreements such as memorandums of understandings with other jurisdictions, entities, regional agencies as defined in Public Resources Code Section 40181, or other government entities, including environmental health departments.

2. The City Council may not delegate authority to impose civil penalties, or to maintain an action to impose civil penalties under Section 54.15 of this Chapter or as otherwise provided in this code.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022 54.15 Enforcement

1. Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine or penalty by the Enforcement Official. Enforcement Actions under this chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines in Title I, Section 10 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this chapter.

2. Other remedies allowed by law may be used, including abatement, civil action, or prosecution as a misdemeanor or an infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

3. Responsible Entity for Enforcement. Enforcement pursuant to this chapter may be undertaken by the Enforcement Official.

4. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 10.93.

5. Education Period for Non-Compliance Beginning January 1, 2022, and through December 31, 2023. The City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, the City shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties from the City starting on January 1, 2024.

6. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action, as needed.

HISTORY

Adopted by Ord. 22-01 on 1/24/2022