Buellton Municipal Code Ch. 14.08 Use of Public Sewers—required

It is 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.

(Prior code § 15.25.001; Ord. 93-7 § 1, 1993)

A. No person shall connect any private property in the city to the system without first obtaining a written connection permit issued by the public works director and paying to the city the connection fee and charges, as required by Sections 14.16.010 and 14.20.010 of this title. It is unlawful for any person to connect to, construct, install or provide, maintain and use any other means of sewage disposal from any building in the city except by connection to the city sewer system in the manner provided in this title.

B. The number of connection permits required for any development shall be based upon the number of sewer service connections. A separate sewer connection is normally required for each detached building. Plans, profiles and specifications shall be submitted as required by Sections 14.20.020 and 14.20.030 of this title.

C. Food establishments and commercial laundries shall have a water connection separate from other users in the same building, unless specifically authorized by the public works director.

D. The public works director may impose other requirements if the director determines that public health and safety, system protection, maintenance costs, or liability concerns so dictate.

E. In order for the city to have sufficient information to make a determination of appropriate fees to be charged, building permit applicants shall submit sewer service plumbing plans prepared by a registered engineer or project architect in conjunction with the building permit application for all new and replacement structures. The plumbing plans shall show all the proposed line sizes and locations.

F. Every connection, disconnection and permanent blocking or plug made between private property and the system shall be made in the manner and with the material required by the specifications for public sewers approved by the city and in accordance with the city's standard specifications for construction, as required by Chapter 14.16 of this title.

(Ord. 03-03 § 2, 2003)

All connections, including the lateral, wye or saddle at the city's sewer, shall be maintained at the expense of the user of the connection.

(Ord. 03-03 § 2, 2003)

The user shall disconnect or permanently block or plug connections when further use of the property, for any purpose requiring the connection, is abandoned or when the structure or facility on the property requiring the connection is demolished without replacement. A public works permit for abandonment of sewer lateral shall be required prior to commencement of abandonment. If a user or an agent of the user has failed to so effect the disconnection or blockage, the public works director may disconnect or block the connection, and the cost thereof shall be deemed a debt to the city and shall be charged to the user.

(Ord. 03-03 § 2, 2003)

A. If system capacity is not available, the public works director may restrict discharge until sufficient capacity is made available. The public works director may refuse immediate service to any new facility located in an area where there is insufficient capacity in the system to accommodate the proposed quantity of the wastewater.

B. The public works director may restrict the rate of discharge into the system during the peak flow hours (6:00 a.m. to 10:00 p.m.) or at any other time when required to prevent the overloading of the system. A discharger so restricted shall be required either to curtail the rate of discharge or to provide approved storage or retention facilities for the wastewater. Wastewater so retained may be discharged into the system between the hours of 10:00 p.m. and 6:00 a.m., or during other periods and at a rate of flow prescribed by the public works director.

(Ord. 03-03 § 2, 2003)

Any person who, either directly or indirectly, introduces or causes to be introduced into the system any pollutant or wastewater which creates a stoppage, plugging, breakage, reduction in the capacity of any portion of the system or any other damage to the system shall be liable to the city for the damage and for costs of maintenance, operation, and replacement expenses, including overhead costs, resulting from the introduction of the pollutant. The costs resulting from the introduction of the pollutant shall be deemed a debt to the city and shall be charged to the offending person by the public works director.

(Ord. 03-03 § 2, 2003)

Any person who introduces or causes to be introduced into the system, either directly or indirectly, any prohibited pollutant or wastewater which causes detrimental effects to the city's system or treatment plant processes or causes a violation of the city's NPDES, waste discharge requirements or other permit or other regulation imposed by a regulatory agency shall be liable to the city for all damages and costs occasioned thereby, including any penalty assessed against the city by any regulatory agency. The damages, costs or penalty assessed shall be deemed a debt to the city and shall be charged to the offending person by the public works director.

(Ord. 03-03 § 2, 2003)

A. In addition to the payment of a connection fee, any person requesting service to a lot that is not adjacent to the system shall be responsible for installation of a sewer extension in dedicated streets, alleys or easements. Sewers shall be installed in sewer easements only when it is not in the public interest for the city to accept dedication of a street or alley in the particular location. The required sewer extension shall include all facilities necessary to serve the property as well as all unsewered properties that could feasibly be served by said extension. All construction shall conform to city standards and detailed plans shall be submitted to and, if appropriate, approved by the public works director. The public works director shall determine the size sewer required for the area for which application for service is made.

B. If sewer facilities that the person otherwise would be required to provide have been installed previously, the person shall be required to pay to the city a sewer charge consisting of a pro rata share of such facilities as determined by the public works director. If such previous installation was made by the applicant or his or her predecessor in interest in the property to which service is desired, the applicant may be entitled to credit in an amount to be determined by the public works director for such installation. Previous installations eligible for these credits must have been made not more than 20 years before the application. Credit for previous installations will be applied against sewer charges, but in no event shall such credits be greater than the amount paid for actual construction of the extension.

C. When installed, connected and finally inspected, all sewer extensions shall be deemed to have been offered for dedication to the city and upon acceptance by the city shall become the property of the city. All necessary easements shall be granted to the city.

(Ord. 03-03 § 2, 2003)

A. When an application requires construction of a sewer extension and it is necessary or desirable to design the extension to serve an area or users, actual or potential, in excess of that for which the application is made, the applicant may be eligible for a credit for a portion of the design and construction costs for the extension. Any such credit shall be granted in an amount to be determined by the public works director.

B. If the sewer is constructed, in part or completely by the applicant, the public works director may authorize an appropriate credit against the applicant's sewer connection fee. No applicant may receive a credit for more than the total amount of sewer connection fees that would be normally required of the applicant. Any credit granted by the public works director shall be only for the actual engineering and construction costs of the sewer.

C. Upon completion of a sewer to which future connections could be made, the public works director shall determine the actual cost thereof and the existing sewer charge against each front foot of abutting property, taking into consideration intersections and other property that would not receive water service.

(Ord. 03-03 § 2, 2003)

It is unlawful to discharge to any stream or watercourse any sewage, industrial waste or other contaminated substance, except where suitable treatment has been provided in accordance with provisions of this title.

(Prior code § 15.25.002; Ord. 93-7 § 1, 1993)

Except as provided in this chapter, it is unlawful to construct or maintain within the city any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage.

(Prior code § 15.25.003; Ord. 93-7 § 1, 1993)

No building, industrial facility or other structure within the city shall be occupied until the owner of the premises has complied with all applicable provisions of this title.

(Prior code § 15.25.004; Ord. 93-7 § 1, 1993)

A. The owner of any building situated within the limits of the city, requiring sewage disposal, and abutting on any street in which is located a public sewer, shall at such owner's expense, connect the building directly to such public sewer. All connections required by this section shall be made in accordance with the provisions of this title and all other applicable rules and regulations of the city.

B. The owner of any building in existence prior to the construction of a public sewer to which connection would otherwise be required under subsection A of this section, shall, upon construction of such public sewer, connect said building to such public sewer within 90 days after the date of receipt of written notice from a duly authorized officer of the city advising of the availability of such public sewer and of the requirement for connection thereto.

(Prior code § 15.25.005; Ord. 93-7 § 1, 1993)

Nothing contained in this chapter shall be deemed to expand the scope of judicial review or extend any applicable period of limitations for the filing of a judicial action.

(Prior code § 15.25.007; Ord. 93-7 § 1, 1993)