Chino Municipal Code Ch. 13.20 Wastewater Discharge Regulations

This Chapter is enacted pursuant to authority conferred by law including but not limited to the California Health and Safety Code, Sections 5400—5474, the California Government Code, Sections 54725—54740, the California Administrative Code, Title 22, the Federal Clean Water Act, 33 U.S.C. 1251, et seq., and the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C.A. Section 6901, et seq.

(Ord. 90-28 (part), 1990.)

This chapter sets forth uniform requirements for anyone who discharges wastewater into the sewage system of the city and also sets forth procedures for complying with requirements placed upon the City by other regulatory agencies. This chapter shall be known as the "sewer use ordinance" and may be cited as such. This chapter shall be interpreted in accordance with the definitions set forth in Section 13.20.020. This chapter develops procedures to establish quantity and quality limitations on all wastewater discharges which may adversely affect the city's public sewerage system, and/or cause the city to violate its current sewage contract agreement with Chino Basin Municipal Water District. This chapter also provides for wastewater pretreatment requirements, the issuance of industrial user discharge permits, control of surface discharges of wastewater, and the establishment of penalties for violation of any provision of this chapter.

(Ord. 90-28 (part), 1990.)

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

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

"Authorized representative of industrial user" as defined in 40 CFR 403.12(k) means:

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

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

3. A duly authorized representative of the individual designated in 1 and 2 above, if such representative is responsible for the overall operation of the facility discharging to the city sewage system.

"Business plan" means a business plan as required by the California Health and Safety Code, Section 25500.

"Categorical Standards" means the National Categorical Pretreatment Standards, or a pretreatment standard established by the Environmental Protection Agency (EPA).

"CBMWD" means Chino Basin Municipal Water District.

"CFR" means the Code of Federal Regulations.

"City" shall mean the city of Chino, California.

"Class I industrial user" means any industrial user that discharges three thousand gallons per day to twenty-four thousand nine hundred ninety-nine gallons per day of industrial wastewater. This shall be determined by a consecutive six month average.

"Class II industrial user" means any industrial user that discharges between zero gallons per day to two thousand nine hundred ninety-nine gallons per day of industrial wastewater. This shall be determined by a consecutive six month average.

"Composite sample" means a sample that at a minimum contains eight effluent portions collected during a specific time period of not more than twenty-four hours and are combined to make a representative sample of an industrial user's discharge.

"Constituent" means any chemical, element, compound, or mixture that is either suspended or dissolved in a wastewater stream.

"Director of public works" means the Director of Public Works for the city or his authorized representative.

"Discharger" means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer.

"Domestic wastewater" means the wastewater from residences and wastewater from other premises resulting from personal use of water for washing, bathing, or other sanitary purposes.

"Economic benefit" means the monetary benefit realized by a user from the failure to use effective pretreatment equipment, devices, or policies which would be used to pretreat the wastewater from the user and insure compliance with the user's discharge requirements.

"Effluent" means the liquid outflow from any facility entering either a private or public sewerage system and/or exiting a wastewater treatment plant.

"Emulsifying agent" means any liquid, solid or gas substance used to temporarily suspend material in wastewater.

"EPA" means the Environmental Protection Agency of the United States Government.

"Food-service establishment" includes, but is not limited to, retail establishments selling prepared foods and drinks for consumption on the premises, and also cafeterias, lunch counters and refreshment stands selling prepared foods for immediate consumption. Restaurants, lunch counters and drinking places operated as a subordinate service facility by other establishments are also included.

"Grab sample" means an individual sample collected over a period of time not exceeding fifteen minutes.

"Hazardous substance" or "hazardous material" means any substance or combination of substances which falls under the classification of a hazardous substance/ hazardous material as defined by the EPA or Title 22, of the California Administrative Code.

"Hazardous waste" means any substance or combination of substances which falls under the classification of a hazardous waste as defined by the EPA or Section 25117 of the California Health and Safety Code.

"Industrial user" shall mean any discharger or potential discharger of industrial wastewater to the city's public sewerage system.

"Industrial wastewater" means all water carried wastes of the community, excluding domestic wastewater as defined, and shall include all wastewater from any producing, manufacturing, processing, institutional, governmental, commercial, service, agricultural or other operation. These may also include wastes of human origin similar to domestic wastewaters. All liquid wastes hauled by truck, rail, or another means shall be considered as industrial wastewater, regardless of the original source of the wastes. Hauled domestic wastewater is included in the category of industrial wastewater.

"Interference" as defined in 40 CFR 403.3(i) means a discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts CBMWD's POTW, its treatment processes, water reclamation, sewage sludge use or disposal, and which causes CBMWD's to violate any condition of its NPDES permit.

"Material safety data sheet (MSDS)" means the information provided by the manufacturer of any substance as to its characteristics and degree of hazard.

"May" is permissive.

"Monitoring equipment" means any City approved equipment, and/or structure used for monitoring industrial wastewater discharges.

"National categorical pretreatment standard" or "pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307, (b) and (c) of the Act (33 U.S.C. 1317) and by 40 CFR Parts 401-471 which applies to a specific category of industrial user.

"National pollution discharge elimination system (NPDES)" means a wastewater discharge permit issued by the California Regional Water Quality Control Board (CRWQB) in conjunction with, and pursuant to, Section 402 of the Act (33 U.S.C. 1342).

"New source" as defined in 40 CFR 403.3(k)(1) means any building, structure, facility, or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards provided that:

1. The building, structure, facility or installation is constructed at a site at which no other source is located; or

2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

"Noncompliance" means any violation of the city's sewer use ordinance.

"Nondischarging user" means any user that does not discharge any industrial or process wastewater to the city's sewerage system but does have a material or waste deemed to be hazardous or detrimental on site.

"Nonsignificant user" means any industrial user that is not classified as a significant industrial user.

"Pass-through" as defined in 40 CFR 403.3(n) means the discharge of pollutants through CBMWD's POTW in quantities or concentrations which are a cause, in whole or in part, of a violation of any requirement of CBMWD's NPDES permit.

"Person" means any individual, partnership, committee, association, corporation, public agency, and any other organization, or group of persons public or private; the masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.

"Pollutant" means, but is not limited to, any solid waste, infectious waste, incinerator residue, sewage, garbage, sludge, munitions, chemical wastes, biological materials, radioactive materials, rock, sand, dirt, industrial waste, governmental waste and agricultural waste.

"Pollution" means the manmade or man induced alteration of the chemical, physical, biological, and radiological integrity of water.

"POTW" means a publicly owned treatment works (POTW) designed to provide treatment to wastewater generated by the city and maintained and operated by the CBMWD. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes city-owned sewers, pipes and other conveyances which convey wastewater to CBMWD for treatment.

"Pretreatment/treatment" means the reduction in 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 such pollutants into the public sewerage system and/or CBMWD's POTW. The reduction in or alteration can be obtained by physical, chemical, and/or biological processes.

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment of wastewater, other than a national pretreatment standard imposed on an industrial user.

"Process tank" means any tank or vessel which contains a liquid used in a production or manufacturing process or the processing of fruits/vegetables. Process tanks do not include flowing fresh water rinse tanks.

"Public sewerage system" means any sanitary sewer located in or maintained by the city in which all owners of abutting property can obtain services. The term as here used shall not include storm drains or channels for conveyance of natural surface runoff waters.

"Shall" is mandatory.

"Significant industrial user" means any industrial user of the city's public sewerage system who:

1. Is a categorical user as defined in 40 CFR Subchapter N (Parts 401-471); or

2. Has a discharge flow rate of twenty-five thousand gallons or more per average workday of process wastewater; excluding sanitary, noncontact cooling and boiler blow down water; or contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of CBMWD's POTW treatment plant, or

3. Has in its wastewater toxic pollutants, as defined pursuant to Section 307 of the Act, or state statutes and rules; or

4. Is found by the city, CBMWD, the California Regional Water Quality Control Board, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other wastewater discharges from contributing industries, on the operation of the POTW, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

"Significant noncompliance" means one or more of the following:

1. Chronic violations of wastewater discharge limits defined as those in which sixty-six percent or more of all the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; or

2. Technical review criteria (TRC) violations, defined as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); or

3. Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, or reports as required in the industrial user discharge permit or reports as requested in writing by the city; or

4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city or POTW exercising its emergency authority under 40 CFR 403.8 (f)(1)(vi)(B) to halt or prevent such a discharge; or

5. Any other violation(s) of pretreatment effluent limit (daily maximum or longer-term average) that the city determines has caused, alone or in combination with other discharges, interference or pass-through, (including endangering the health of city and POTW personnel or the general public); or

6. Failure to meet within ninety days after the scheduled date, a compliance schedule milestone contained in an industrial user discharge permit, notice of noncompliance, administrative order or other enforcement order, for starting construction, completing construction, or attaining final compliance; or

7. Failure to accurately report noncompliance; or

8. Any other violation or group of violations which the city or CBMWD determines will adversely affect the operation or implementation of the city's pretreatment program.

"Slug" means any discharge of any material, or quantity of material, in such a high flow rate or in such a concentration of any pollutant which will cause significant damage to any part of the public sewerage system, or abnormal maintenance or operation costs of any part of the public sewerage system or become a nuisance or menace to public health; or which will cause interference in CBMWD's POTW, its treatment processes or operations, or its sludge processes, use or disposal and causes a violation of CBMWD's NPDES permit; or passes through CBMWD's wastewater treatment plant as a discharge which exits CBMWD's POTW causing a violation of CBMWD's NPDES permit.

"Standard Industrial Classification (SIC)" means a system of classifying industries as identified in the SIC Manual, 1976, Office of Management and Budget.

"Storm drain system" means any street, curb and gutter, storm channel, cross gutter, ditch, or drain that is meant to convey water resulting from natural precipitation or rainfall.

"Stormwater" means any water occurring during or following any form of natural precipitation and resulting therefrom.

"Total toxic organics" means a total of all organic constituents as found in the list of Priority Pollutants 40 CFR 403, Appendix B.

"Toxic pollutant" means any pollutant, or combination of pollutants, listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of Section 307 (a) of the Act, or other acts.

"United States Code (U.S.C.)" means a federal government code.

"Unpolluted water" means any water which is free of any form of contamination and/or pollution.

"User" means any person, persons, or entities of an institutional, commercial, industrial, governmental, or residential nature who contributes, causes, or permits the contribution of wastewater into the city's public sewerage system.

"Vehicle-servicing facility" means any facility whose function is to service and/or repair automobiles, roadway machinery, industrial transportation equipment.

"Wastewater" shall mean the liquid and water carried industrial and/or domestic wastes from dwellings, commercial buildings, industrial facilities, governmental facilities and institutions, which may be present, whether treated or untreated, which is contributed into or permitted to enter the public sewerage system.

"Water softener" means any device with cation-exchange capabilities.

(Ord. 90-28 (part), 1990.)

II. GENERAL CONDITIONS AND PROHIBITIONS

Except as otherwise provided herein, the director of public works for the city shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the director of public works may be delegated by the director of public works to persons acting in the beneficial interest of or in the employ of the city.

(Ord. 90-28 (part), 1990.)

According to the terms of the Regional Pretreatment Agreement and subject to the procedures of paragraph 3.3 thereof, Chino Basin Municipal Water District has authority to regulate industrial users within the city of Chino's jurisdiction.

(Ord. 96-01 § 1, 1996.)

Unless otherwise provided herein, any notice required to be given by the director of public works under this chapter shall be in writing and served in person or by first class or registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

(Ord. 90-28 (part), 1990.)

No user shall discharge or cause to be discharged, wastewater directly or indirectly into any public sewerage system, or any opening leading to a public sewerage system of the city which causes or is capable of causing, either alone or by interaction with other substances:

A. A fire or explosion;

B. Obstruction of flow in the public sewerage system or damage to the POTW;

C. Danger to life or safety of any person;

D. Impairment or prevention of the effective maintenance or operation of the public sewerage system;

E. Air pollution by the release of toxic or malodorous gas-producing substances;

F. Interference as defined in Section 13.20.020 of Title 13;

G. Pass-through as defined in Section 13.20.020 of Title 13;

H. Discoloration or any other condition which affects the quality of the city's effluent in such a manner that receiving-water quality requirements established by regulatory agencies cannot be met.

(Ord. 90-28 (part), 1990.)

No person shall discharge any of the following to a public sewerage system:

A. Waste and/or wastewater that contains substances that may precipitate, solidify and/or become viscous at temperatures between fifty degrees Fahrenheit or ninety degrees Fahrenheit;

B. Any radioactive, chemical, biological warfare agent, and/or high level radioactive waste;

C. Any excessive amount of chlorinated hydrocarbon or organic phosphorus-type compounds as listed or defined in 40 CFR 401.15 and 40 CFR 403, appendix B or as listed under the local total toxic organics limitation;

D. Any waste, in such a size as to inhibit the waste from being carried freely under normal flow conditions prevailing in the city's public sewerage system. This prohibition shall apply to, but not be limited to, solid wastes, grease and oils, animal fleshings, animal tissues, paunch manure, bones, hair, hides, entrails, whole blood, feathers, recognizable portions of the human anatomy, ashes, cinders, sand, spent lime, stone dust, marble dust, metal, glues, diatomaceous earth, straw, shavings, green clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt, residues from refining and/or processing of fuel and/or lubricating oil, mud, glass grinding wastes, glass polishing wastes, and/or viscous substances;

E. Any "emulsifying agent" which suspends any fats, greases or oils, or emulsifies any fats, greases, or oils;

F. Any waste containing detergents, surface active agents, and/or other substances which may cause excessive foaming in the public sewerage system and/or violates the surfactants limitation as contained in the resolution titled "Wastewater Effluent Limitations";

G. Any storm water and/or any runoff from any field, roof, yard, driveway, street, and/or any other type of surface water;

H. Any unpolluted water, including, but not limited to, cooling water, storm water, subsurface water, and single pass cooling water;

I. Any overflow from any septic tank, cesspool and/or any liquid and/or sludge pumped from a cesspool, septic tank, chemical toilet, recreational vehicle, trailer, bus and/or similar vehicles having wastewater holding tanks;

J. Any pesticides, herbicides, fertilizers and/or algaecides;

K. Any hazardous substance or waste, as currently defined by the EPA or Title 22, of the California Administrative Code;

L. Any wastewater which causes a hazard to human life or creates a public nuisance;

M. Any wastewater with objectionable color not removed in the treatment process such as, but not limited to, dye wastes, and vegetable tanning solutions;

N. Any wastewater at a temperature higher than one hundred forty degrees Fahrenheit, sixty degrees Centigrade;

O. Any wastewater having a corrosive property capable of causing damage or hazard to structures, equipment, or city staff, but in no case wastewater with a pH below 6.0 or greater than 10.0, or will not change the pH of the city's discharge to CBMWD's regional interceptor to below 7.0 or above 9.0;

P. One hundred mg/L of total oils, fats and/or greases of nonmineral origin at any instance in time;

Q. Petroleum oil, nonbiodegradable cutting oils, or products of mineral oil origin at any instance in time that will cause interference or pass through in the POTW;

R. The daily average dissolved sulfide content shall at no time exceed the limitation contained in the resolution titled "Wastewater Effluent Limitations";

S. Any quantities of flow, concentration, or both, which constitutes a "slug" as defined in Section 13.20.020;

T. Any solids, liquids, toxic gases, vapors, fumes, devices, or explosives which by themselves, or in interaction with other substances or wastewater, may cause a fire and/or explosion hazard, or in any other way create imminent danger to city or CBMWD staff, the environment or public health. At no time shall any pollutants be discharged which create a fire or explosion hazard in the POTW, including but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR 261.21;

U. Any discharge from any vehicle radiator, including but not limited to, radiator fluid, radiator flush chemicals;

V. Constituents in excess of limitations as listed in resolution entitled "Wastewater Effluent Limitations";

W. Any applicable federal, state or other local regulations covering wastewater disposal.

(Ord. 90-28 (part), 1990.)

The following will be accepted only under certain conditions:

1. Swimming pools, wading pools, and therapy pools will be admitted to the public sewer system between midnight and 6:00 a.m., subject to a permit by the city which will provide for restricted flow;

2. The director of public works may approve, on a temporary basis, the discharge of water only when no reasonable alternative method of disposal is available. The user shall pay all applicable user charges and fees.

(Ord. 90-28 (part), 1990.)

A user shall have an affirmative defense in any action brought against it alleging a violation of Section 13.20.110 and Section 13.20.115 where the user can demonstrate, according to 40 CFR 403.5 (a) (2) (i, ii(A,B)), that:

1. It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference and;

2. A local limit designed to prevent pass through was developed in accordance with 40 CFR 403.5(c) and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or

3. A local limit designed to prevent pass through and interference was not developed in accordance with 40 CFR 403.5(c) and the user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.

(Ord. 90-28 (part), 1990.)

No person, except authorized city personnel, shall discharge any wastewater directly into a manhole or other opening to the public sewerage system other than through an approved building sewer, unless permitted by the city. This restriction shall also apply to all pollutants which are trucked or hauled. All fees associated with any discharge to the public sewerage system from other than an approved building sewer shall be paid before any discharge to the public sewerage system will be permitted.

(Ord. 90-28 (part), 1990.)

The discharge of any wastewater or any unpolluted water to a storm drain system, street, parking lot, curb and gutter, ground, or which causes a public nuisance is prohibited unless approved, in advance, by the California Regional Water Quality Control Board or the City.

(Ord. 90-28 (part), 1990.)

In accordance with 40 CFR 403.6(d) industrial user shall ever increase the use of process water or in any other manner attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with federal, state, or local regulation.

(Ord. 90-28 (part), 1990.)

At no time shall a user eliminate or prevent the use or installation of pretreatment equipment, devices, or policies which, by their elimination or prevention, would result in economic benefit for the user.

(Ord. 90-28 (part), 1990.)

Authority to establish standards in compliance with state and federal regulations for wastewater discharged into the public sewerage system shall be vested in the city council. Any violation of such standards shall be construed as a violation of this chapter.

(Ord. 90-28 (part), 1990.)

The most stringent limitation between applicable federal, state and local regulations shall apply to any industrial user discharging to the city's public sewerage system.

(Ord. 90-28 (part), 1990.)

Upon promulgation of a Federal Categorical Pretreatment Standard for an industrial subcategory, the federal standard, if more stringent than the city's existing wastewater limitation for that category, shall immediately supersede the city's wastewater limitation. The director of public works shall notify all affected industrial users of the applicable pretreatment standard as outlined in 40 CFR 403.12. Failure of the director of public works to notify an industrial user of promulgation of a pretreatment standard shall not relieve the industrial user of complying with said pretreatment standard.

(Ord. 90-28 (part), 1990.)

All categorical industrial users are required to submit baseline monitoring reports within one hundred eighty days after the effective date of a categorical pretreatment standard as required in 40 CFR 403.12. All categorical industrial users must also submit periodic reports as stated in 40 CFR 403.12(g). These requirements are waived if the industrial user is not required to sample their discharge as a part of their industrial user discharge permit.

(Ord. 93-24 (part), 1993.)

Spill containment systems, as may be required, shall conform to requirements established by the director of public works. No person shall operate a spill containment system that allows incompatible liquids to mix thereby creating hazardous or toxic substances in the event of failure of one or more containers. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of impermeable and nonreactive materials to the liquids being contained. Spill containment systems shall conform to federal, state and/or local regulations and policies as to percent containment, container type, and size.

(Ord. 90-28 (part), 1990.)

All users shall provide waste minimization plans to conserve water, investigate product substitution, provide inventory control, implement inventory control, and take other steps as necessary to minimize the total quantity of waste produced.

(Ord. 90-28 (part), 1990.)

Each user shall provide protection from accidental discharge of prohibited materials, or other substances regulated by this chapter, at the person's or persons' 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 engineer prior to any construction. All existing users shall complete such a plan. No user who commences contribution to the city's public sewerage system after the effective date of the ordinance codified in this chapter shall introduce pollutants into the public sewerage system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

(Ord. 90-28 (part), 1990.)

A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge, slug load, or bypass of any pretreatment equipment, pursuant to Section 13.20.175. Employers shall ensure that all employees are advised of the emergency notification procedure.

In the event of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the following:

City of Chino:

Engineering (M-F 8:00 a.m. to 5:00 p.m.)

(714)627-7577

Police (All other hours)

(714)628-1234

CBMWD (Anytime)

(714)947-4131

This information shall be posted in a prominent area, accessible to all employees, in the user's facility.

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

(Ord. 90-28 (part), 1990.)

Within five working days following an accidental discharge, slug load, or pretreatment equipment bypass, 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. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of POTW effluent violations, 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 chapter, or other applicable law.

(Ord. 90-28 (part), 1990.)

No user or person shall discharge wastes recovered from pretreatment devices into any public sewerage system or storm drain system, drains or other openings leading to any sewer or storm drain, parking lot, street, curb and gutter, or ground. All recovered pretreatment wastes shall be disposed of in accordance with all applicable federal, state, county, and local laws and regulations.

(Ord. 90-28 (part), 1990.)

It is unlawful to install, replace, enlarge, or use any apparatus for softening all or any part of the water supply to any premises when such apparatus is an ion-exchange softener or demineralizer of the type that is regenerated on the site of use with the regeneration wastes being discharged to the ground, storm drain system or the city's public sewerage system. This section shall not apply to any apparatus of the type which is regenerated off-site by a water conditioning company.

(Ord. 90-28 (part), 1990.)

The director of public works shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and to verify that all requirements are being met. Persons or occupants of any premises where waste and/or wastewater is created, discharged, or hauled off-site for treatment and/or disposal shall allow the director of public works ready access during normal working hours to all parts of the premises for the purpose of inspection, sampling, records examination, necessary for the performance of any of his duties.

This access shall include immediate access when an emergency exists, regardless of the hour of the day. All pretreatment equipment shall be immediately accessible at all times for the purpose of inspection. At no time shall any material, debris, obstacles or obstructions be placed in such a manner so as to prevent immediate access to the pretreatment equipment.

No person shall interfere with, delay, resist or refuse entrance to an authorized and identified city representative attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city's sewerage system. The director of public works 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. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the discharger or property owner at the verbal or written (if necessary) request of the director of public works and shall not be replaced. 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 personnel so that 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. 90-28 (part), 1990.)

All users discharging wastewater to the city's sewerage system shall:

A. Provide any pretreatment equipment necessary to achieve compliance with this chapter and all applicable federal categorical pretreatment standards, whichever is more stringent. Any pretreatment equipment, devices, or policies required to pretreat wastewater to a compliance level shall be provided, operated and maintained at the user's expense.

B. Provide detailed plans showing the pretreatment facilities and operating procedures, including accidental discharge procedures, which shall be submitted to the city engineer for review. The review and approval of such plans and operating procedures by the city shall not relieve the industrial user from the responsibility of modifying the facility in the future as necessary to produce an effluent which is in compliance with the provisions of this chapter or federal categorical pretreatment standards.

(Ord. 90-28 (part), 1990.)

A. Any sample taken from a sample box, monitoring manhole or other representative sampling location is presumed to be discharging to the public sewer. All users shall:

1. Analyze their discharge for any constituents specified in the industrial user discharge permit or as deemed necessary by the director of public works. All reports required of the discharger shall be submitted to the city under penalty of perjury. The analyses of the constituents shall be performed by a state certified laboratory in accordance with 40 CFR Part 136 test procedures whenever applicable. The preparation of the monitoring report, if by other than the industrial user, shall be by a firm with appropriate state certification;

2. Provide all necessary pertinent information concerning industrial processes which have any bearing on the quality, quantity, and source of discharge to the public sewerage system. The industrial user may request confidentiality for those processes which are considered proprietary. The industrial user is required to submit, in writing, those items which are to be considered confidential. Under no condition shall discharge data be considered confidential.

B. The city may require:

1. The industrial user to construct and maintain, at the industrial user's expense, effluent flow measuring equipment, wastewater monitoring equipment and/or sampling facilities;

2. Monitoring or metering facilities shall be provided with a security closure that can be locked with a city provided hasp lock during sampling and/or monitoring;

3. The industrial user is permitted to secure with a lock, or other appropriate device, any pretreatment facility, but only if the city is allowed unlimited access to the facility at any time.

C. While performing necessary work on private properties pursuant to this chapter, city staff shall observe all safety rules applicable to the premises established by the industrial user, and the industrial user shall be held harmless for injury or death to city staff, and the city shall indemnify the industrial user against loss or damage to its property by city staff and against liability claims and demands for personal injury or property damage asserted against the discharger growing out of the city's inspecting, observing, measuring, sampling, and testing operations, except for personal injury or property damage which may have been caused by negligence on the part of or failure by the industrial user to maintain safe conditions.

(Ord. 93-24 (part), 1993; Ord. 90-28 (part), 1990.)

A. Food Service Establishments. All food service establishments shall install and maintain a grease interceptor, unless a conditional waiver for the grease interceptor has been granted as per subsection (C) of this section. Domestic wastewaters shall not be allowed to pass through the interceptor, but all wastewaters arising from the processing, cooking and/or serving of food, and garbage grinders, shall pass through the interceptor before being discharged into the city's public sewerage system. The interceptor shall have a capacity of at least seven hundred-fifty gallons and shall be appropriately sized and approved by the city's building official. The interceptor shall be watertight, structurally sound and durable. The interceptor shall be easily accessible for maintenance and also for inspection by authorized city staff.

B. Vehicle Service Facility. Any facility for the servicing, washing or repair of vehicles shall install and maintain a sand-and-oil interceptor. Domestic wastewaters shall not be allowed to pass through the interceptor, but all wastewaters arising from the servicing, washing and repair of vehicles shall pass through the interceptor before being discharged into the city's public sewerage system. If the vehicle-servicing facility does not include facilities for the washing of more than one vehicle at a time, the interceptor shall have a capacity of at least seven hundred-fifty gallons and shall conform to the city's specifications. If the vehicle-servicing facility has facilities for washing or otherwise cleaning more than one vehicle at a time, the size of the interceptor shall be determined by the city's building official. This interceptor shall be designed so as to retain any oil and grease which will float and any sand which will settle. It shall be watertight, structurally sound and durable. It shall be easily accessible for maintenance and also for inspection by authorized city staff.

C. Conditional waivers for the grease and/or sand and oil interceptor requirement may be granted by the city's building official for food service establishments or vehicle service facilities determined not to have adverse effects on the city's public sewerage system or CBMWD's POTW. Conditional waivers may be revoked for the following reasons:

1. Changes in menu;

2. Falsification of information submitted;

3. Changes in operating hours;

4. Changes in equipment used;

5. Changes in number of vehicles washed;

6. Is determined to have adverse effects on the city's sewerage system or CBMWD's POTW.

D. If the city's building official finds, either by technical knowledge or observation, that an interceptor is incapable of retaining adequately the grease, sediment, floating material and sand and oil in the wastewater flow from an interceptor, he shall condemn such interceptor and declare that it does not meet the requirements of this section. If an interceptor is not adequate under the conditions of use, it shall be replaced with one which is effective in accomplishing the intended purpose.

E. The city's building official shall maintain a file available for public reference of suitable designs of grease and sand and oil interceptors. This shall be for informational purposes. Installation of an interceptor of a design shown in this file or of any design meeting the size requirements set forth in this chapter shall not impute any liability to the city for the adequacy of the interceptor under actual conditions of use. Also, it shall not relieve the owner or proprietor of responsibility for keeping grease, sand and oil out of the city's public sewerage system.

F. The city's building official shall not approve the plumbing of a food service establishment, and/or a vehicle service facility if it does not have a grease or sand and oil interceptor meeting the requirements of this section.

G. The grease or sand and oil interceptor of any facility shall be properly maintained. It shall be cleaned as often as is necessary by the owner or user to assure that all grease, sediment, floating material, sand and oil do not accumulate to impair the efficiency of the interceptor. When an interceptor is cleaned, the accumulated sediment and floating material shall be removed and disposed of legally. Under no circumstance shall the material removed from a grease or sand and oil interceptor be discharged into a public sewerage system, storm drain system, or ground. An interceptor is not considered to be properly maintained if for any reason it is not in good working condition. An interceptor is not considered to be properly maintained if grease, sediment, floating material, sand and oil accumulations total more than twenty-five percent of the operating fluid capacity. The owner of any facility, the lessee and sublessee, if there be such, and any proprietor, operator, or superintendent of such facility are individually and severally liable for any failure or improper maintenance of such interceptor. In addition, the grease, sand and oil interceptor shall be maintained so that the discharge will comply with all limits contained in the resolution titled "Wastewater Effluent Limitations."

H. Any and all enforcement of this section will be carried out by the city's building official.

(Ord. 90-28 (part), 1990.)

III. PERMITS

All users within the city limits or users who discharge to the city's public sewerage system, shall file an industrial user discharge permit application, signed by an authorized representative of the company, with the public works department. The only exception to this requirement are those buildings used strictly for residential use. Based on the information submitted on the industrial user discharge permit application and city staff's investigation of the user's establishment, an industrial user discharge permit may be required. Users not required to obtain an industrial user discharge permit are not absolved from meeting the discharge requirements of city code.

(Ord. 90-28 (part), 1990.)

Users seeking an industrial user discharge permit shall complete and file with the city, under penalty of perjury, an industrial user discharge permit application. The application shall be signed by an authorized representative of the industrial user as defined in Section 13.20.020. The applicant shall be required to submit, as appropriate, any or all of the following items necessary to fully evaluate the proposed discharge and its effect on the sewerage facilities:

A. Industrial user's name, facility address, facility mailing address, telephone number, and facility contact person;

B. Peak wastewater discharge flow rate(s) and volume over a specified time period;

C. Wastewater constituents and concentrations as deemed necessary by the city, including, but not limited to, those mentioned in Sections 13.20.110 and 13.20.115. These constituents and their concentrations shall be determined by a state certified laboratory;

D. Time and duration of all discharges;

E. Landscaped area of industrial user's facility in square feet;

F. Information on all raw materials, processes, and products;

G. Quantity and disposition of any liquid, sludge, oil, solvent, or other materials;

H. Details of all wastewater pretreatment facilities;

I. Plans of systems to prevent and control the loss of materials through spills to the public sewerage system. These plans shall contain at least the following elements:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals;

3. Procedures for promptly notifying the city of slug discharges, including any discharge that would violate a specific prohibition under Sections 13.20.110 and 13.20.115, with procedures for follow-up written notification within five days;

4. Procedures to prevent adverse impact from accidental spills;

5. Follow-up practices to limit the damage suffered by the POTW or the environment;

J. Number of employees and average hours of work per employee per day;

K. EPA hazardous waste generator number, if applicable;

L. The applicant may also be required to submit site plans, floor plans, mechanical plans, plumbing plans or details to show all sewers, spill containment areas, clarifiers, floor drains, and appurtenances by size, location and elevation for evaluation;

M. A valid business plan from the San Bernardino County Environmental Health Services or letter exempting user from such plan. If exempt, material safety data sheets (MSDS) for all materials on-site shall be provided;

N. Other information may be required to properly evaluate the permit application. After evaluation and acceptance of the data furnished, the city shall issue an industrial user discharge permit, subject to terms and conditions set forth in this chapter.

(Ord. 90-28 (part), 1990.)

All industrial users and other users discharging industrial wastewater, as defined in Section 13.20.020 to the city's public sewerage system, directly or indirectly, and any user having a hazardous material and/or hazardous waste on site, shall be in possession of a valid industrial user discharge permit. Industrial user discharge permits shall be expressly subject to all provisions of this chapter, all other applicable regulations, charges for use, and fees established by the city. Conditions of industrial user discharge permits shall be uniformly enforced by the city in accordance with this chapter and applicable federal and/or state regulations.

(Ord. 90-28 (part), 1990.)

The following classes of industrial users shall be required to obtain industrial user discharge permits:

A. Significant industrial user as defined in Section 13.20.020;

B. Class I industrial user as defined in Section 13.20.020;

C. Class II industrial user as defined in Section 13.20.020;

D. Nondischarging User as defined in Section 13.20.020.

(Ord. 90-28 (part), 1990.)

Upon successful approval of the permit application, the director of public works shall issue an appropriate industrial user discharge permit to each applicant. The industrial user discharge permit shall contain limitations, conditions and stipulations so that compliance with this chapter will be assured. All appropriate fees will be included in the industrial user discharge permit and will be collected on a monthly basis through the city's utility billing system.

(Ord. 90-28 (part), 1990.)

All users residing outside the city limits but discharging industrial wastewater to the city's public sewerage system shall obtain an industrial user discharge permit. The city shall have the right to inspect the user's facility and sample the user's discharge to determine compliance with this chapter. All fees associated with this chapter shall be paid directly to the city. Any user denying the city access for the purpose of enforcing this chapter, and other applicable federal, state, and local rules and regulations, shall immediately void the user's privilege to discharge to the city's public sewerage system.

(Ord. 90-28 (part), 1990.)

An industrial user discharge permit issued under this chapter is for a specific user, for a specific operation, at a specific location and creates no vested rights. Industrial user discharge permits shall not be transferred. Upon the sale or transfer of ownership of any business operating under a valid industrial user discharge permit issued by the city, the permittee shall notify the city and the new owner(s) in writing, prior to the transfer, that the new owner shall be required to apply for and receive a new industrial user discharge permit in accordance with the provisions of this chapter.

(Ord. 90-28 (part), 1990.)

The director of public works may from time to time, as circumstances require, change or modify the restrictions or conditions of an industrial user discharge permit upon giving the discharger reasonable notice. Further, the director of public works may require the discharger to apply for a new industrial user discharge permit providing that a discharger be given a reasonable period of time to comply with any changes in the industrial user discharge permit requirements. The user must be informed of any changes in his permit at least thirty days prior to any change becoming effective. Any request by the user to modify the user's industrial user discharge permit shall be processed, if approved by the director of public works, after payment of the permit modification fee.

(Ord. 90-28 (part), 1990.)

The director of public works may issue industrial user discharge permits for any period of time up to a maximum of three years. Industrial user discharge permits may be issued to expire on a specific date, or may be issued for a period of less than a year. All terms and conditions for such permits shall be subject to the city's modifications, as limited or required by this chapter or modified within the terms of the permit, if necessary. All reissuance of permits must be applied for at least sixty days prior to the expiration of the user's existing permit.

(Ord. 90-28 (part), 1990.)

Validity of an industrial user discharge permit shall be conditioned upon compliance with the provisions of the user's specific industrial user discharge permit and this chapter. Said permit may be revoked by the director of public works on a minimum notice of fifteen days when the director of public works determines that the discharge which the permit approves is in violation of the provisions of this chapter or of any applicable federal, state, or local law or regulation. Within the fifteen days prior to the intended permit revocation, the director of public works shall make a hearing available to the permittee.

The director of public works may immediately suspend the sewer service and/or industrial user discharge permit by issuing an administrative order to stop an actual, potential, or threatened discharge which may endanger the public sewerage system, the POTW, its personnel or causes CBMWD to violate any condition of its NPDES permit. In the event of a failure of the user to comply voluntarily with the administrative order, the director of public works shall take such steps as deemed necessary, including immediate severance of the sewer connection, and/or the termination of water service to insure compliance. The industrial user shall be responsible for any and all costs incurred by the city in severing and/or reconnecting sewer service and/or water service.

(Ord. 90-28 (part), 1990.)

Industrial user discharge permits may contain the following limitations on wastewater constituents and characteristics:

A. Mass emission rates for pollutants;

B. Limits on rate and time of discharge and/or requirements for flow regulations and equalization;

C. Limits on wastewater strength characteristics;

D. Any other limitations necessary to protect either the city's sewer facilities or the POTW.

(Ord. 90-28 (part), 1990.)

Industrial user discharge permits may contain the following conditions:

A. Requirements for the industrial user to construct and maintain, at his own expense, pretreatment equipment, effluent flow metering equipment and/or wastewater monitoring equipment;

B. Requirements to self-monitor in accordance with conditions outlined in 40 CFR 403.12. An industrial user will be allowed, at the city's discretion, to conduct a portion of the required monitoring as outlined in 40 CFR 403.12;

C. Requirements to submit technical reports, wastewater discharge reports and hazardous waste manifests; baseline monitoring reports and other reports as may be required by federal, state and/or local pretreatment program regulations as found in 40 CFR 401 and 403;

D. Requirements for maintaining plant records relating to wastewater discharge and hazardous waste manifests as specified by the city for a period of at least three years. Any records that are involved in litigation shall be maintained until the litigation is resolved;

E. Requirements to notify the city in writing prior to any expansion or modification of any production or process which would have an effect on the discharge quality and/or quantity;

F. Requirements to notify the city verbally and in writing of any accidental discharge, slug discharge or any violation of permit conditions. The industrial user shall notify the city by telephone as soon as he or his agents have knowledge of the incident. Confirmation of this notification shall be made in writing as soon as possible, but no later than five working days from the telephone notification. The written notification shall include pertinent information explaining reasons for the accidental discharge and/or slug load, and the date of the incident, as well as what steps are being taken to prevent the problem from recurring. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to person or property. Nor shall such notification relieve the user of any fines or other liability which may be imposed by this title or other applicable law;

G. Requirements to develop and implement a spill containment program for accidental discharge of prohibited materials or other wastes regulated by this chapter. The spill containment will be designed to isolate any accidental or negligent spill and prevent the spill from entering the public sewerage system, storm drain system, or ground in accordance with reasonable engineering standards. Such spill containment will be provided and maintained at the user's expense;

H. A valid business license with the city;

I. Other provisions which may be applicable to insure compliance with all provisions of this chapter;

J. Other terms and conditions determined to be necessary to protect the city's public sewerage system and CBMWD's POTW.

(Ord. 90-28 (part), 1990.)

IV. ENFORCEMENT

The following enforcement mechanisms shall be utilized by the city for the violation of any provision of this chapter.

A. Verbal Warning. A verbal warning will be given for violations such as housekeeping practices, late reports, etc. Verbal warnings do not apply to violations of any discharge limit or prohibition. The verbal warning will be documented with a written follow-up letter;

B. Written Warning. For failure to comply with a verbal warning, a written warning with a compliance date will be issued. Written warnings do not apply to violations of any discharge limit or prohibitions;

C. Notice of Noncompliance. A notice of non-compliance shall be issued whenever an industrial user discharge permit violation occurs which does not imminently endanger human health or welfare. The notice of non-compliance shall be served in person by a city representative or by certified or registered mail, return receipt requested, and shall require a response within no more than ten working days. If the permittee claims immediate correction of the violation(s) this shall be verified at the permittee's expense. However, if the permittee suggests a time schedule to correct the permit violations, and if in the opinion of the director of public works, a time schedule is required to obtain compliance, an administrative order shall be issued. The determination of noncompliance, for the same violation, shall be made during a consecutive six month period of time. Such an order may include the appropriate violation assessments:

1. The first notice of noncompliance shall have at a minimum a one hundred dollar penalty assessment.

2. The second notice of noncompliance for the same violation(s) shall have at a minimum a two hundred-fifty dollar penalty assessment.

3. The third notice of noncompliance for the same violation(s) shall have at a minimum a five hundred dollar penalty assessment.

D. Administrative Orders. The director of public works may require compliance with this chapter, permit conditions or limitations by issuing administrative orders enforceable in a court of law, or by seeking a direct action. The following lists the types of administrative orders that shall be utilized by the city:

1. Cease and Desist Order. Upon finding that a discharge has taken place in violation of prohibitions or limitations of this chapter or the provision of the industrial user discharge permit, the director of public works may issue a cease and desist order and direct those persons in violation to comply immediately, or comply in accordance with a time schedule set forth by the director of public works. All cease and desist orders shall have at a minimum a one thousand dollar penalty assessment.

2. Consent Order. Upon finding that an industrial user will need to install pretreatment equipment in order to come into compliance with this chapter, the director of public works may require that a compliance time schedule, agreed upon in advance by the industrial user and the city staff, to be contained in a consent order. All consent orders shall have at a minimum a five hundred dollar penalty assessment.

3. Show Cause Order. This order will require an industrial user to appear at city Hall at a certain date and time to show cause to the city as to why criminal and/or civil actions should not be taken against this industrial user. All show cause orders shall have at a minimum a seven hundred fifty dollar penalty assessment.

4. Compliance Order. This order will direct an industrial user to achieve or restore compliance by a specific date. The terms of the order need not be discussed with the industrial user in advance. All compliance orders shall have at a minimum a one thousand dollar penalty assessment.

(Ord. 90-28 (part), 1990.)

In accordance with 40 CFR 403.8(2) (vii), the city shall annually publish in the area's largest daily newspaper a list of all industrial users who over the past year have been in significant violation as defined in Section 13.20.020.

(Ord. 90-28 (part), 1990.)

Any industrial user discharge permit may be revoked, and any sewerage service to any industrial user may be suspended by the director of public works, if the industrial user is in violation of any provision of this chapter or of applicable state and federal regulations. In the event the user fails to comply voluntarily with the administrative order, the city shall take such steps as deemed necessary, including but not limited to the immediate severance of the sewer connection, revocation of the industrial user discharge permit, and/or termination of water service, to prevent or minimize damage to the city's sewerage system, POTW and/or endangerment to any individuals. The city shall reinstate the industrial user discharge permit upon proof that the violation(s) have been corrected. All costs for the termination and/or reconnection of services shall be borne by the industrial user. Violations subjecting an industrial user to revocation of his permit include, but are not limited to, the following:

A. Failure of the industrial user to accurately report the constituents and concentrations of his wastewater discharge;

B. Failure of the industrial user to report significant changes in operation and/or significant changes in wastewater constituents and concentrations;

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

D. Violation of conditions of industrial user's permit;

E. Failure to comply with any administrative order issued by the director of public works under Section 13.20.400(D);

F. Failure of the industrial user to comply with any provision of this chapter.

(Ord. 90-28 (part), 1990.)

Any user who violates any provision of this chapter, or permit condition, or who violates any administrative order, notice of noncompliance, or effluent limitation shall be liable civilly for a penalty not to exceed the maximum allowed by law for each day in which such violation occurs. The city may institute legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within thirty days from the date that it has been assessed.

(Ord. 90-28 (part), 1990.)

Any user who violates any provision of this chapter or permit conditions, or who violates any administrative order, notice of noncompliance, or effluent limitation is guilty of a misdemeanor, which, upon conviction, is punishable by a fine not to exceed one thousand dollars and/or by imprisonment for a period of not more than six months. Each such user shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such user, and shall be punishable therefor as provided by this section.

(Ord. 90-28 (part), 1990.)

Whenever a user is in violation of the provisions of this chapter or fails and/or refuses to comply with any enforcement action pursuant to Section 13.20.400 hereof, the city shall be entitled to bring an action to enjoin such violations. Furthermore, all of the remedies set forth herein are cumulative of any other remedies available to the city and are not intended to limit the city's legal or equitable remedies.

(Ord. 90-28 (part), 1990.)

In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law, regulation, or agreement, and said violation can be established by the city as caused by the discharge of any user of the city's sewerage system which is in violation of any provision of the city's sewer use ordinance or the user's industrial user discharge permit, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which the city has been subjected.

(Ord. 90-28 (part), 1990.)

Any obstruction, damage, or any other impairment to the city's or CBMWD's sewerage system or facilities caused by a discharge of waste and/or wastewater may result in the director of public works assessing a charge against the user for the work required to clean or repair the facility, or the cost to resume normal operation. A service fee shall be added to the charges payable within thirty days of invoicing by the city. These charges and fees shall be in addition to any other fines, penalties, assessments, and fees imposed by other regulatory or service agencies.

(Ord. 90-28 (part), 1990.)

Any person who knowingly makes any false statement, representation, record, report plan, or other document filed with the city, or who falsifies, tampers with, or knowingly renders inaccurate monitoring devices or methods required under this chapter, shall have violated this chapter.

(Ord. 90-28 (part), 1990.)

If any provision, paragraph, word, section, or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and other chapters, shall not be affected and shall continue in full force and effect.

(Ord. 90-28 (part), 1990.)

The city council may establish by ordinance and/or resolution more stringent limitations, requirements, and fees related to discharges into the city's public sewerage system if deemed necessary.

(Ord. 90-28 (part), 1990.)