Brea Municipal Code Art. II Use

See § 13.00.100 for the definitions that apply to Article II.

(Ord. 1137, 4-20-2010)

It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

(Ord. 1137, 4-20-2010)

It shall be unlawful to discharge to any natural outlet within the city or any area under the jurisdiction of the city, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(Ord. 1137, 4-20-2010)

A. The Orange County Sanitation District (OCSD) regulates all industrial wastewater discharges to the public sewer system. Any person desiring a permit to connect to the public sewer for the purpose of discharging any industrial waste shall submit an application to the OCSD. The application shall include complete information regarding the quantity and nature of the wastewater to be discharged. A copy of the industrial wastewater discharge permit issued by OCSD must be submitted to the city prior to city issuance of a certificate of occupancy.

B. The admission into the public sewers of any waters or wastes having any of the following shall be subject to review and approval of the City Engineer:

1. A five (5) day biochemical oxygen demand greater than three hundred (300) parts per million by weight;

2. More than three hundred fifty (350) parts per million by weight of suspended solids;

3. Any quantity of substances having the characteristics described in § 13.00.240;

4. An average daily flow greater than five percent (5%) of the average daily sewage flow of the city;

5. A peak flow of more than four (4) times its average daily flow; or

6. Additional prohibited discharges are listed in § 13.00.240.

C. Where necessary in the opinion of OCSD or the City Engineer, the owner shall provide, at his or her expense, such preliminary treatment or other remedial measures as may be necessary to meet the conditions set out in this article. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for review by OCSD, the City Engineer, and the Orange County Health Care Agency. No construction of such facilities shall commence until the review has been completed and written authorization for such construction has been received.

D. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.

E. When required by the City Engineer, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Engineer. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.

F. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in Chapter 13, shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage. Samples shall be taken at a control manhole. In the event that no special manhole has been provided, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

G. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment subject to payment therefor by the industrial concern.

(Ord. 1137, 4-20-2010)

No person shall discharge or allow to be discharged wastewaters directly or indirectly into city sewer facilities that cause or are capable of causing, either alone or by interaction with other substances, interference with the operation of city sewers, including but not limited to the following.

A. General prohibitions.

1. No user shall introduce or cause to be introduced into the city sewer system, any pollutant, wastewater, or flow that causes pass through or interference or would cause the city to violate any federal, state, or local regulatory requirement.

2. No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution would cause the city to violate any federal, state, or local regulatory permit.

3. No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or indirectly to the city sewer system without written permission from the city.

4. No person shall deliver by vehicular transport, rail car, or dedicated pipeline, directly or indirectly to the OCSD sewerage facilities, wastewater which contains any substance that is defined as a hazardous waste by the regulatory agencies.

B. Specific prohibitions. No user shall introduce or cause to be introduced into the sewerage facilities, pollutants, substances, or wastewater which:

1. Creates a fire or explosive hazard in the sewerage facilities including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (sixty degrees Centigrade (60°C)) using the test methods specified in 40 CFR 261.21; or produces a gaseous mixture that is ten percent (10%) or greater of the lower explosive limit (LEL). Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;

2. Causes obstruction to the flow in the sewer system resulting in interference or damage to the sewerage facilities;

3. Produces noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

4. Results in toxic gases, vapors, or fumes within the sewerage facilities in a quantity that may cause acute worker health and safety problems;

5. Contains any radioactive wastes or isotopes except in compliance with applicable regulations from other governmental agencies empowered to regulate the use of radioactive materials;

6. Causes, alone or in conjunction with other sources, the OCSD’s treatment plant effluent to fail a toxicity test. Any toxic substances in amounts exceeding established standards. Any chemical elements or compounds, phenols or other taste or odor producing substances. Any chemical elements or compounds, which are not susceptible to treatment and/or will pass through the OCSD treatment facilities or which may interfere with the biological processes or efficiency of the treatment processes. Any chemical elements or compounds cause acute worker health and safety problems;

7. Causes the OCSD’s effluent or any other product of the treatment process, residues, biosolids, or scums, to be unsuitable for reclamation, reuse or disposal;

8. Causes discoloration or any other condition that affects the quality of the OCSO’s influent or effluent in such a manner that inhibits the OCSO’s ability to meet receiving water quality, biosolids quality, or air quality requirements established by regulatory agencies;

9. Creates excessive foaming in the sewer system or at the treatment facilities;

10. Violates any applicable federal categorical pretreatment standard, statute, regulation, or ordinance of any public agency or regulatory agency having jurisdiction over the operation of or discharge of wastewater through the sewerage facilities;

11. Has a pH less than six (6.0) or greater than twelve (12.0). Any waste which will cause corrosion or deterioration of the city sewer system or OCWD treatment facilities. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products;

12. Has a maximum biochemical oxygen demand (BOD) greater than fifteen thousand (15,000) pounds per day;

13. Is in excess of the permitted mass emission rates established in accordance with: the concentration limits set forth in Table 1, or the latest update of OCSD wastewater discharge regulations or the OCSD-issued discharge permit;

14. Contains material which will readily settle or cause an obstruction to flow in the sewer resulting in interference. Any solid or viscous wastes which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of OCSD treatment facilities. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances;

15. Contains wax, grease or oil of mineral origin in concentrations of more than one hundred (100) mg/l whether emulsified or not, or any other waste containing substances which may precipitate, solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit (32° and 150°F) (zero and sixty-five degrees Centigrade (0° and 65°C)) at the point of discharge into city sewers;

16. Contains garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-half (1/2) inch in any dimension;

Table 1 Orange County Sanitation District Maximum Allowable Local Discharge Limits

Maximum Allowable Discharge Limits For Wastehaulers Discharging Domestic Septage

17. Contains slug load concentrations of pollutants that may cause interference with the OCSD treatment facilities;

18. Contains any amounts of organic phosphorus compounds released in a discharge at a flow rate or in a concentration which will cause pass through or interference with the sewerage facilities; or

19. Contains any waste not in compliance with national categorical pretreatment standards as represented in 40 CFR Ch. I, Subch. N or 40 CFR Parts 401-471.

C. Storm water. Ground water, street drainage, subsurface drainage, foundation drains, or yard drainage shall not be discharged directly or indirectly to the city sewer system. The city, at its sole discretion, may approve the discharge of such water by granting a special purpose permit only when no alternative method of disposal is reasonably available. The applicant shall bear the burden of demonstrating that no alternative method of disposal is reasonably available. If a special purpose permit is granted for the discharge of such water into a sewer, the user shall pay connection fees, applicable charges and fees for use and shall meet such other conditions as required by the city.

D. Unpolluted water. Unpolluted water, such as single-pass cooling water, shall not be discharged through direct or indirect connection to a public sewer. The city may approve the discharge of such water only when no alternative method of disposal is reasonably available by issuing a special purpose permit.

E. Septic tank and cesspool wastes. Discharges of septic tank, or cesspool wastes, into the city sewer or directly into the treatment plant facilities is prohibited.

F. Temperature. No person shall discharge wastewater with a temperature higher than one hundred forty degrees Fahrenheit (140°F) (sixty degrees Centigrade (60°C)). Heat in discharged wastewater shall not cause the temperature of wastewater entering the headworks of any OCSD wastewater treatment plant to exceed one hundred four degrees Fahrenheit (104°F) (forty degrees Centigrade (40°C)).

G. Point of discharge. No person, excluding city personnel involved in maintenance functions of sewer facilities, shall discharge any water, wastewater or any substance directly into a manhole or other opening in a sewer other than through an approved building sanitary sewer, unless upon written application by the user and approved by the city and payment of the applicable charges for use and fees.

H. Wastewater strength limitations. No person shall discharge wastewater containing substances in excess of the quantities or concentrations listed in Table 1 or containing other materials, or having other characteristics, including, but not limited to, ammonia, biochemical oxygen demand (BOD), chemical oxygen demand, total organic carbon, suspended solids, oil or grease of animal or vegetable origin, total dissolved solids, and phenolic compounds in quantities that may cause or are found to cause problems, pass through, or interference with the sewerage facilities. No person shall discharge wastewater containing in excess of 0.01 mg/l of pesticides as a daily maximum, to include, but not limited to the following: DDT (dichlorodiphenyltrichloroethane, both isomers), DDE (dichlorodiphenylethylene), DDD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha, beta, and gamma isomers), Chlordane, Endrin, Endrin aldehyde, TCDD (2,3,7,8-tetrachlorodibenzop-dioxin), Toxaphene (alpha)-Endosulphan, (beta)-Endosulphan, Endosulphan sulfate, Heptachlor, Heptachlor epoxide, and Dieldrin. No person shall discharge wastewater containing in excess of 0.01 mg/l of polychlorinated biphenyls as a daily maximum to include, but not limited to the following: Aroclors 1016, 1221, 1228, 1232, 1248, 1254, 1260, and 1262.

(Ord. 1137, 4-20-2010)

A. No person shall discharge or make an unauthorized connection to the city sewer system without a permit or except as provided in the permit issued by the city. Specifically, but not by way of limitation as to any connection to the city sewer system; no roof downspouts, exterior foundation drains, areaway drains, car wash pads not covered by a roof, or other sources of surface runoff or ground water shall be connected to a city sewer facility or to a building sewer or building drain that in turn is connected directly or indirectly to a city sewer facility.

B. In the event of violation, all charges and penalties specified under Article VI Legal Authority and Penalties shall be applied and collected by the City Manager.

(Ord. 1137, 4-20-2010)

A. Protection from damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment, which is a part of the municipal sewage works.

B. Notice to correct violation. Any person found to be violating any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

C. Penalty for continuing violation. Any person who shall continue any violation beyond the time limit provided for in § 13.00.581 Compliance Schedule Agreement shall be guilty of a misdemeanor.

D. Liability for expense, loss or damage occasioned the city. Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

(Ord. 1137, 4-20-2010)