Article 8

Sewer Connection, Lateral Maintenance and Backflow Protection

• A. New Developments or New Subdivisions. When approving a development or subdivision of property, each building permit or subdivision map improvement plan will contain provisions for connection to the sewerage system, unless the user requests and is granted a variance from the director in writing on a form provided by the director.

• B. Existing Premises. The requirement to connect to the sewerage system may be waived for existing premises by the director, provided that the owner or occupant of such premises provides written documentation from the Contra Costa County health department that the existing premises' system is functioning properly. If the premises' system is not functioning properly, it shall not be eligible to receive a waiver and will be obligated to connect to the sewerage system.

• (Ord. 941 § 2, 2015)

The minimum size of a lateral or building sewer shall be six inches in diameter. However, in any building designed or to be used exclusively for residential occupancy of six dwelling units or less, the minimum size shall be four inches in diameter. The director may order or authorize a different size of building sewer consistent with the California Plumbing Code as amended by this chapter. The requirements of this subsection shall not apply retroactively, but any replacement of an existing sewer shall conform to all current city codes, the Uniform Plumbing Code, and the California Plumbing Code.

Cleanouts shall be installed within close proximity of the premises line, when required by the city, and also at the lower end of the building drain as required by plumbing codes, generally within two feet of the building foundation.

All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights so as to protect the public from hazard. Any public property disturbed in the course of the work shall be restored to a condition that is as good as or better than existed before the work began.

All abandoned septic tanks and cesspools must immediately be filled with solid matter or substance which meets with the approval of the director.

No building, industrial facility nor other structure shall be occupied or used until and unless the owner of the premises has complied with all applicable rules and regulations of this chapter.

The requirements in this chapter are in addition to any applicable requirements of the Uniform Plumbing Code and the Standard Plans and Specifications. (Ord. 941 § 2, 2015)

No person shall construct a building sewer or lateral sewer or make any connection with or opening into, use, alter, or disturb any public sewer in the sewerage system or appurtenances or perform any work on any lateral or building sewer without first obtaining a written permit from the city community development department and paying all fees and connection charges.

A person legally entitled to apply for and receive such a permit shall make application on forms provided by the city for that purpose. The applicant shall give a description of the character of the work to be done, and the location, ownership, occupancy, and use of the premises related to the work. The director may require plans, specifications, or drawings, and such other information as the director may deem necessary in their professional judgment.

If the director determines that the plans, specifications, drawings, description, and information furnished in connection with the application are in compliance with this code and the ordinances, rules, and regulations governing the proposed work and installation, the director shall issue the permit upon payment of the required fees and charges. The director may attach conditions to the permit that are reasonably necessary to ensure compliance with this chapter and the ordinances, rules, and regulations governing the proposed work and installation. (Ord. 941 § 2, 2015)

All sewer construction work, building sewers, plumbing and drainage systems shall be inspected by an inspector authorized by the city to insure compliance with all city requirements. No sewer shall be covered until it has been inspected and passed. No sewer shall be connected to the city's sewerage system until the work encompassed within the applicable permit has been completed, inspected and approved by the city inspector. If the test proves satisfactory and the sewer has been cleaned of all debris accumulated from construction operations, the inspector shall issue a certificate of satisfactory completion.

All building sewers and lateral sewers shall be tested in the presence of the city inspector by filling the line with water or air and inspecting for excessive leakage. Fittings, plugs, water, and labor for testing shall be furnished by the person constructing the sewer. If the existing lateral is to remain, it shall be tested as specified above. All lines showing excessive leakage shall be repaired or replaced at the sole expense of the person controlling the work to the satisfaction of the city inspector. (Ord. 941 § 2, 2015)

Each residential premises owner will be required to pay a monthly fee for the maintenance, repair, and/or replacement of their lower lateral as set forth by resolution of the city council. The city will be responsible for the lower lateral so long as the lateral maintenance fee is paid.

The city shall not be responsible for the maintenance of any lateral for any commercial user, industrial user, community, contractor, and/or institutional sewer service.

Any person responsible for a sanitary sewer overflow shall be responsible to remedy the effects of such unauthorized discharge. When deemed necessary by the director, clean-up of the discharge or overflow may be initiated by the city. All costs associated with such clean-up shall be borne by the owner, user or other person responsible for the sanitary sewer overflow. (Ord. 941 § 2, 2015)

Drainage piping or a drainage system serving fixtures which have flood level rims less than twelve inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover in the city sewerage system or private sewer system serving such drainage system shall be protected from backflow of sewage by installing an approved type backflow prevention device (BPD) or backwater valve as listed in city Standard Plans and Specifications SS-7 - Sewer Backflow Relief Devices. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the director. BPDs are also required on all new building laterals and lateral replacements.

(Ord. 941 § 2, 2015)

All BPDs shall fully comply with all city requirements and shall be maintained by the user or premises owner to provide for their continuing function as designed. All BPDs and the box they may be located in shall be accessible at all times and shall be free from any obstructions, including, but not limited to, rocks, soil, vegetation, debris, grass, trees, bushes, plants, landscaping, concrete, asphalt or other ground coverings or any other materials or substances that may impair the proper function of or unobstructed accessibility to the devices. BPDs are subject to inspection by the city. (Ord. 941 § 2, 2015)

All BPDs shall be installed at an elevation that protects the premises upon which it is installed and other property in its vicinity from damage. The premises owner shall either confirm that the BPD is properly installed and placed at the proper elevation, or obtain competent assistance from a duly licensed plumber or contractor to confirm its proper elevation. If any subsequent modification of the premises results in the BPD being at an improper elevation, the premises owner shall adjust the BPD to the proper elevation at the premises owner's expense. The premises owner shall be responsible for any damage to property or injury to person that is sustained as a result of the improper installation or location of a BPD. (Ord. 941 § 2, 2015)

Any premises owner whose property has no BPD as required by this chapter or other law or regulation, or which has a defective or improperly installed BPD, or which has a BPD that does not comply in all respects with the requirements of this chapter or with any standards adopted or utilized by the director shall be responsible for all damage that results from the lack of such a device, or the failure of the defective or improperly installed or non-compliant device to prevent or minimize such damage. The city will not be liable for damage resulting from sanitary sewer overflows when a BPD has not been installed or maintained as required by this chapter. (Ord. 941 § 2, 2015)

It is the responsibility of the premises owner to maintain the private sewer lateral. The operation and condition of private sewer laterals, their cleanouts and any other wastewater facilities required to serve a connector's building, shall be the responsibility of the premises owner, who shall keep them in good operating condition at all times and shall undertake all necessary repairs, including replacement of dilapidated and worn out components, at the premises owner's expense and at no cost to the city. All repairs to and replacements of private sewer laterals shall be performed in accordance with the city municipal code and the city's Standard Plans and Specifications. Premises owners shall maintain private sewer laterals in a manner that prevents overflows. Upon receiving notice from the city, a premises owner(s) will have twenty-four hours to abate any condition that is causing a private sewer lateral overflow. Failure to abate a private sewer lateral overflow is considered to be a violation of city ordinances and regulations, and a public nuisance, and may be subject to abatement or other remedies the city may have. (Ord. 941 § 2, 2015)

It shall be a condition of continuing use and connection to the city sewerage system that the owner of a private sewer lateral allow the inspection and verification of the condition of the upper lateral or private sewer lateral (from the point of the exterior building drain or cleanout to the city sewerage system connection) and/or monitoring of the constituents of the wastewater discharge entering the sewerage system in the event that the director has a reasonable belief that the manner of connection to the sewerage system, the wastewater flow from the private premises, or the condition of the private sewer lateral is such that the sewerage system will be damaged, rendered inoperable, or caused to spill because of the private property condition or use. (Ord. 941 § 2, 2015)

Article 9 Monitoring and Inspection

Any user may be required to provide wastewater sampling and/or monitoring results or to submit to monitoring by the director to assist the director in establishing the appropriate class of the user and/or to evaluate compliance with the standards and requirements of this chapter.

• A. Classification Sampling. All industrial users may be required to sample and analyze their waste stream(s) to determine the appropriate class of the user. Classification sampling shall be at the director's request. The number and type of samples and pollutants analyzed shall be as specified by the director in order to adequately characterize the user's wastewater discharge(s).

• B. Baseline Sampling. All Class A and Class B industrial users shall sample and analyze their regulated waste stream(s) for the BMR as specified in Section 13.04.605(F). Samples shall be analyzed for those pollutants regulated under the applicable pretreatment requirement or as otherwise required by the director.

• C. Periodic Compliance Sampling. All Class A and Class B industrial users shall sample and analyze their regulated waste stream(s) to evaluate compliance with the user's permit or permit contract. Periodic compliance monitoring shall be conducted annually unless specified more frequently in the user's permit or permit contract or in the applicable Federal Categorical Pretreatment Standard. If required, Class C industrial users shall sample and analyze their regulated waste stream(s) to evaluate compliance with the user's permit.

  1. Samples shall be analyzed for those pollutants regulated under the applicable pretreatment requirement or as otherwise required by the director.

  2. Industrial users subject to a Federal Categorical Pretreatment Standard may request to forgo monitoring for constituents with a Federal Categorical Pretreatment Standard provided that the requirements of 40 CFR 403.12(e)(2) are met.

  3. For industrial users not subject to Federal Categorical Pretreatment Standards, the director shall specify the constituents to be monitored in the user's permit or permit contract. This may exclude parameters subject to the standard specifications for wastewater discharge that are not expected to be present in the process discharge at levels of concern, and may include constituents that are not specified in the standard specifications for wastewater discharge.

• D. Confirmation Sampling. Whenever sampling results indicate that the user's regulated waste stream(s) is in violation of any pretreatment requirement, the user shall collect a second sample to assess the degree of violation. For the second sample, the user need only analyze for the pollutant(s) found to be in violation. The user shall provide the director with the results from the confirmation sampling within thirty days of the date the violation was discovered.

• E. Sampling and Evaluation Program. If confirmation sampling indicates a second violation, the director may initiate a sampling and evaluation program (SEP). The SEP will be conducted by the director and may include collection of three to five samples. The SEP will establish whether there is continued noncompliance by the user. Samples collected during the SEP may be analyzed for other pollutants in addition to the pollutant(s) in violation. (Ord. 941 § 2, 2015)

The collection of samples of wastewater for the measurement of constituents controlled by Sections 13.04.300 through 13.04.315 shall be at the combined facility discharge. The collection of samples of wastewater for the measurement of constituents controlled by Federal Pretreatment Standards are specified in the applicable Federal Regulation and may be at the discharge of the regulated process, or after pretreatment of federally regulated process flows, and prior to the addition of diluting waters.

(Ord. 941 § 2, 2015)

Where self-monitoring is required, such monitoring shall be provided by the user at the user's expense, using an Environmental Laboratory Accreditation Program (ELAP) certified laboratory approved by the director to perform said analysis. (Ord. 941 § 2, 2015)

The director may require the user to construct, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense. The monitoring facility should be situated on the user's premises, but the director may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public right-of-way area and located so that it will not be obstructed by landscaping or parked vehicles.

In the event that a monitoring facility is allowed to be constructed in the public right-of-way, the user and its successors or assigns shall indemnify, hold harmless and defend the city against any claim, cause of action, disability, loss, liability, damage, cost or expense, which in any way arises out of the monitoring facility, or its use.

If the monitoring facility is inside the user's secured premises, there shall be accommodations to allow access for city personnel, such as a gate secured with a city lock. There shall be ample room in or near such monitoring facilities to allow accurate sampling. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the director's requirements and all applicable construction standards and specifications. Construction shall be completed within ninety days following written notification by the director that such monitoring facilities are required, unless a time extension is granted by the director.

In the event that the installation of a monitoring facility is not practical, the director may approve an alternative point for sampling, monitoring or inspection.

The director may require the user to upgrade or modify an existing monitoring facility. (Ord. 941 § 2, 2015)

The city may inspect the facilities of any user to ascertain compliance with these regulations. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection or sampling in the performance of any of their duties. The city shall have the right to set up on the user's premises such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force that would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel. Upon presentation of suitable identification, personnel from the city will be permitted to enter without delay for the purpose of performing their specific responsibilities.

(Ord. 941 § 2, 2015)

The user shall retain all records for five years resulting from all sampling or monitoring performed for analyses of regulated contaminants. This period of retention shall be extended during the course of any unresolved litigation regarding the user or the wastewater treatment facility, or when requested by the POTW or the director. Records shall be available for inspection and copying.

(Ord. 941 § 2, 2015)

All sampling and analysis required under this chapter or the Act or in conjunction with a pretreatment permit shall be conducted using appropriate methods and procedures as outlined in 40 CFR Part136 entitled, "Guidelines Establishing Test Procedures for the Analysis of Pollutants." Under certain circumstances, 40 CFR Section 136.5 (see also 40 CFR Part 401.13) alternate test procedures may be used provided such procedures have been previously approved by the EPA Regional Administrator of the region in which the discharge will occur and provided the Executive Officer of the California Regional Water Quality Control Board does not object to the use of such alternate test procedure.

(Ord. 941 § 2, 2015)

Article 10 Enforcement

It is the intent of this enforcement section to provide adequate mechanisms to achieve a maximum degree of compliance with this chapter by all users. These enforcement provisions apply to all classes of users to the extent such user violates any provision of this chapter or administrative order of the city pursuant to this chapter. In order to achieve the maximum degree of compliance desired, the city will use a variety of enforcement mechanisms. The enforcement mechanisms set forth range from informal administrative action to formal criminal prosecution. The city may, in its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of this chapter. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the state of California and the United States of America.

Nothing in this chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this chapter which also constitutes a violation of federal or state statutes and regulations, such as: (1) the Clean Water Act (33 USC Section 1251, et seq.); (2) the California Porter-Cologne Water Quality Act (California Water Code Section 13000, et seq.); (3) the California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 through 25250); (4) the Resource Conservation and Recovery Act (42 USC Section 6901, et seq.); and (5) California Government Code Sections 54739 through54740.6. The referenced state and federal laws, along with other pertinent laws, provide authority for the city's enforcement mechanisms.

The enforcement mechanisms available to the city for violations of the provisions of this chapter, applicable city resolutions, and permit or permit contract provisions include, but are not limited to, the following:

• A. Informal administrative action (including NOVs and warning notices).

• B. Administrative orders.

• C. Institution of a SEP, enforcement compliance schedule agreements (ECSA), and related administrative orders.

• D. Assessment of charges for obstruction or damage to the sewerage system or operations.

• E. Suspension or termination of services.

• F. Administrative citations as set forth in Chapter 1.24.

• G. Administrative complaint.

• H. Civil action.

• I. Criminal action.

• (Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023)

City staff may, on an informal basis, take action against a user for minor violations or technical or clerical shortcomings of a user or a user's compliance submittals. These informal administrative actions may include informal notices (i.e., telephone calls to the user's representative), a notice of violation (NOV), and informal meetings or informal warning letters. These informal administrative actions may establish an ECSA for the user to follow in order to document compliance. Such action will not prevent a subsequent or concurrent imposition of other enforcement mechanisms.

(Ord. 941 § 2, 2015)

When the director finds that a user has violated the prohibitions or requirements of this chapter or the provisions of a wastewater permit or wastewater discharge permit contract, the city may issue an administrative order directed at those users not complying with such prohibitions, limitations, requirements, or provisions to: (1) cease to discharge immediately (suspension of service); (2) comply with requirements immediately; or (3) make such changes to their pretreatment facility and procedures immediately as to insure full compliance.

At its discretion, the city may later issue, after the issuance of the administrative order set forth above, an additional administrative order containing a compliance schedule or a time schedule setting forth dates by which specific corrective actions must be completed. (Ord. 941 § 2, 2015)

• A. Grounds for Instituting a Sampling and Evaluation Program. In addition to those grounds set forth in Section 13.04.900(E), grounds for instituting a SEP include compliance sampling or city sampling indicating a significant noncompliance. The SEP may consist of city sampling of the user's wastewater at the first opportunity convenient to the city. The city or outside laboratory will analyze these samples for the violating constituents and provide notice to the user in regard to the results of said sampling. Violations which may occur during the SEP shall constitute subsequent violations under this chapter or under any applicable law.

• B. SEP Revealing Noncompliance. If the SEP reveals noncompliance by the user with the prohibitions or specific pollutant limitations specified in this chapter or in the user's permit or permit contract:

  1. The user may be assessed all costs incurred during the SEP for sampling and analysis, including labor, equipment, materials, outside services, and overhead.

  2. The city may place the user on a compliance schedule or undertake another SEP. The compliance schedule shall provide for minimum required actions to be undertaken by the user to alleviate the violation and a schedule for completion of said actions. The compliance schedule may include interim constituent level maximums. All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates shall constitute violations of this chapter and other applicable laws, and each day a user fails to meet a schedule date shall constitute a separate violation. Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional SEP.

  3. The city may modify an existing permit through an enforcement compliance schedule agreement (ECSA). This may be done after consultation with the user when the user has shown good faith in trying to comply but requires additional time for construction and/or acquisition of equipment related to pretreatment. The permit may be modified with the ECSA for a period of up to one hundred eighty days; however, this period may be extended for a period not to exceed an additional one hundred eighty days upon determination by the director that good cause exists for an additional period.

  4. Any other enforcement mechanism set forth in this chapter or other applicable law may be commenced.

• C. Continued Noncompliance after SEP or ECSA. If a user remains in noncompliance because corrective action is not taken within a reasonable time after completion of an SEP or the expiration of an ECSA, an administrative order may be issued. Any of the other enforcement mechanisms set forth in this chapter or applicable laws may also be commenced.

• (Ord. 941 § 2, 2015)

When a user's discharge, whether due to negligence, accident, spill, or otherwise, causes an obstruction, damage, or any other impairment to the city's operation or facilities, the city may impose a charge on the user for the cost to clean or repair the facility; costs incurred to resume normal operations; and/or costs associated with the processing and collection of these costs. The total amount shall be paid within forty-five days of invoicing by the city. If it can be shown that the user's discharge caused or significantly contributed to the city violating its discharge requirements, or incurring additional expenses or suffering loss or damage to the operation or facilities, then the user shall pay any costs or expenses, or a prorated portion of such expenses, including assessments or penalties imposed by other agencies or the court on the city. (Ord. 941 § 2, 2015)

• A. Suspension of Service. The city may suspend the wastewater treatment service and/or a wastewater permit or permit contract by issuance of a cease and desist order when the city makes the determination that such suspension is necessary. A suspension shall be justified in order to prevent an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of individuals or the environment, causes or may cause interference to the wastewater treatment plant or other city operations, or causes or may cause the city to violate any condition of its NPDES permit. Nothing in this subsection will limit the rights of the city to suspend or terminate service pursuant to specific permit or permit contract conditions which may be more stringent.

Any industrial user notified of a suspension of service and/or the wastewater permit or permit contract shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the administrative order, the city shall take such steps as deemed necessary to prevent or minimize damage to the city's facilities or endangerment to persons or the environment. The city may reinstate the wastewater permit, permit contract, and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.

• B. Revocation of Permit/Termination of Permit Contract. Any user who violates the following conditions is subject to having its permit revoked or permit contract terminated:

  1. Any user who knowingly gives or provides a false statement, representation, record, plan, or other document to the city or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter;

  2. Failure of a user to factually and completely report the wastewater constituents and characteristics of its discharge;

  3. Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

  4. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

  5. Failure of a user to notify the city immediately of an accidental discharge and/or take appropriate corrective action to prevent a reoccurrence;

  6. Failure of a user to file a periodic compliance report in such time and in such manner as is required by this chapter;

  7. Significant violation(s) of the permit or permit contract requirements or conditions and/or violation of the chapter. Any violation of the discharge standards where a constituent concentration is determined to be five times the concentration standard set forth in the standard specifications for wastewater discharge limitations or any series of three or more violations of the same constituent within a one-year period, shall constitute a significant violation;

  8. Failure to pay fees and charges or penalties established pursuant to this chapter.

• C. Immediate Termination of Discharge. In the case of an actual or threatened discharge which reasonably appears to present an imminent danger to the health or welfare of persons, the environment, or the city or its employees or contractors, the city may, after reasonably attempting to informally notify the user, take all necessary steps to halt or prevent such discharge including, but not limited to, plugging or physically disconnecting the user's access to the city wastewater system.

• (Ord. 941 § 2, 2015)

In addition to the general penalty provisions of Section 1.16.010 and the administrative citation authority of Chapter 1.24, pursuant to the authority of California Government Code Sections 54739 and54740.5 through 54740.6, the city or city staff may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the city's requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the sewerage system or treatment works.

The penalties amounts for the following violations shall be set forth in the cost allocation plan:

• A. Failing or refusing to furnish technical or monitoring reports.

• B. Failing or refusing to timely comply with any compliance schedule established by the city.

• C. For discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the city.

• D. For discharges in violation of any suspension, cease and desist order, or other orders, or prohibition issued, reissued, or adopted by the city.

Unless appealed pursuant to the appeal provisions of Chapter 1.12 of this code, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within thirty days.

(Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023; Ord. 1065, 12/12/2023)

The city may bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of this chapter and to recover such charges, fees, penalties, and/or damages as may be assessed or may be incurred under the provisions of this chapter.

• A. Injunction. Whenever a discharge or wastewater is in violation of the provisions of this chapter, the district may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

• B. Civil Actions for Penalties. Any user who violates any provision of this chapter, permit condition or permit contract condition, or who violated any cease and desist order, prohibition, or effluent limitation, shall be liable civilly for a penalty not to exceed twentyfive thousand dollars for each day in which such violation occurs pursuant to California Government Code Section 54740. Pursuant to the authority of the Clean Water Act, 33 USCA Section 1251, et seq., any user committing a violation of any provision of this chapter, which is also a violation of a pretreatment standard, effluent standard, or limitation or other applicable provision of the Clean Water Act shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs.

• C. Other Civil Actions. The city may require compliance with permit conditions or limitations by issuing administrative orders, including cease and desist orders and compliance schedules. Said orders are enforceable in a California court of general jurisdiction. The city, however, may directly undertake any court action available at law or equity, including, but not limited to, a civil action for penalties without first seeking an administrative order or making use of a compliance schedule, and it may concurrently undertake such administrative and court actions as deemed appropriate.

• (Ord. 941 § 2, 2015)

• A. General Criminal Penalties. Any person who violates any provision of this chapter, permit, or permit contract, or who violates any administrative order, prohibition, or effluent limitation, is guilty of a misdemeanor, and is subject to the penalty provisions of Section 1.20.010.

• B. Falsifying Information. Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, wastewater discharge permit contract, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall upon conviction be punished by a fine of not more than one thousand dollars or imprisonment for not more than thirty days, or both. Each separate act of falsification, tampering, or knowingly rendering inaccurate any device or method, shall constitute a new and separate offense and shall be subject to the penalties contained herein.

Nothing in this section is intended to exclude the potential for prosecution under the applicable perjury statutes of the state of California to the extent such falsification was incorporated in a document signed under the penalty of perjury. (Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023)

• A. Notification to User. Whenever the director finds that any user has violated or is violating the provisions of this chapter, a wastewater permit, wastewater discharge permit contract, or any prohibition, limitation, or requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of this notice, a plan for the satisfactory correction of the violation shall be submitted to the city by the user.

Whenever the city assesses a penalty or other form of enforcement action under the provisions of this chapter, the city shall serve upon such user a written notice stating the nature of the enforcement action being taken.

• B. Notification to City. When a user discovers that it has violated or is violating a provision of this chapter, its wastewater discharge permit, its wastewater discharge permit contract, or any prohibition, limitation, or requirement contained therein, including a violation as may be caused by accidental discharge or spill, the user shall immediately notify the director upon discovery of such violation. Thereafter, within fifteen days following the accidental discharge or discovery of a violation, the user shall submit to the director a detailed, written report, describing the accidental discharge or violation, and the measures taken by the user to prevent similar future occurrences. This written report regarding the violation may be included as a part of a periodic compliance report, or other report as may be required under this chapter, as long as the written report is provided within the fifteen days of discovery, which notification shall not relieve the user of any expense, penalty, fee, or other liability which may be incurred as a result of the violation.

• (Ord. 941 § 2, 2015)

In addition to all the enforcement mechanisms and penalties specified in this code or as may be set by city council resolution, including those contained in Section 1.16.060, for violations of any rule or regulation established in this chapter, the city may recover all costs incurred by the city in attending to the violation and require payment of all applicable fees in the cost allocation plan as well as legal fees and costs as set forth in Chapter 3.26.

All costs associated with the city's undertaking of enforcement actions pursuant to this chapter, including attorney's fees for civil actions undertaken, shall be paid by the user. These costs may include, but not be limited to: the costs for termination of service; reinstitution of service; collections, per Council/Administration Policy 10-15, Collection Policy; compliance sampling and analysis; and administrative activities undertaken by the city. However, if the user prevails in an appeal to the city council or a civil action taken to nullify an enforcement action pursued by the city under this chapter, the user shall not be responsible for the costs incurred by the city in pursuing said enforcement action.

(Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023)

Any violation of pretreatment requirements (limits, sampling, analysis, reporting and meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement including penalties. However, the city is required to identify violations or patterns of violations by industrial users that are deemed to be instances of significant noncompliance. To the extent that a violation or pattern of violations is determined to be significant noncompliance, the city shall give additional priority to enforcement actions with regard to that industrial user. Additionally, the determination of significant noncompliance shall be used as the basis for reporting same to the regulatory authorities and publishing of the list of significant non-compliers as is required of the city by law.

For purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

• A. Violations of Wastewater Discharge Limits.

  1. Chronic Violations. Violations in which sixty-six percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment requirement, including instantaneous limits, as defined by 40 CFR403.3(1).

  2. Technical Review Criteria Violations. Violations in which thirty-three percent or more of all the measurements taken for the same pollutant parameter during a sixmonth period equal or exceed the product of the numeric pretreatment requirement including instantaneous limits, as defined by 40 CFR 403.3(I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

  3. Other Effluent Limit Violations. Any other violation of a pretreatment requirement as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through (including adverse effect on any toxicity testing), or endangered the health of the sewage treatment plant personnel or the public.

  4. Danger to Human Health or Welfare. This criterion includes any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

• B. Violation of Compliance Milestones. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a city permit or administrative order for starting construction, completing construction, or attaining final compliance.

• C. Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

• D. Failure to Accurately Report Noncompliance. Failure of a user to accurately and promptly report any noncompliance. Any attempt to circumvent the reporting requirements or otherwise withhold noncompliance data from the city shall be subject to significant noncompliance status.

• E. Other Violations. Any other violation or group of violations, which may include a violation of best management practices, that the director determines may adversely affect its operations or the accomplishment of the objectives of this chapter.

• (Ord. 941 § 2, 2015)

Any recipient of an administrative citation may contest that there was a violation and request an appeal hearing pursuant to the provisions of Chapter 1.12. (Ord. 941 § 2, 2015)

Article 11 Administration

All customers shall pay charges set forth in the cost allocation plan and the utility billing ordinance set forth in Chapter 3.26.

(Ord. 941 § 2, 2015)

If any provision of these regulations or the application to any person or circumstances is held invalid, the remainder of the regulations or the application of such provisions to other persons or other circumstances shall not be affected.

(Ord. 941 § 2, 2015)

Every user shall pay to the city all charges and fees levied upon their connection to and use of the sanitary sewer in accordance with the city's schedule of charges and fees as set forth in Chapter 3.26 and the cost allocation plan.

(Ord. 941 § 2, 2015)

If a customer fails to pay a utility bill pursuant to this code, the city may discontinue utility service and assess any late charges and penalties as set forth in Chapter 3.26 and the cost allocation plan.

(Ord. 941 § 2, 2015)

The city will annually provide public notification, in a newspaper of general circulation, of all industrial users which, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards.

(Ord. 941 § 2, 2015)

Article 12

Comments or Complaints About Sewer Service

A user may comment or complain about sewer service by writing, emailing or telephoning the city. The director will meet with the user in person or by telephone, at the user's request, and endeavor to resolve the issue. The director will issue a decision on the issue in writing, which decision will be final unless appealed in writing to the city as set forth in Section 13.04.1225. (Ord. 941 § 2, 2015)

A dispute over billing will be addressed through the procedures set forth in Chapter 3.26. (Ord. 941 § 2, 2015)

A user may appeal a decision of the director in writing to the city manager within five days of receipt of the director's decision. The written appeal must state the reason for the appeal and specify any facts or evidence in support of the request. The city manager or designee, who may be a city hearing officer, will promptly consider the appeal and provide a written decision within ten days of the filing of an appeal. The city manager's determination will be final. (Ord. 941 § 2, 2015)