Colfax Municipal Code Art. I General Provisions

This chapter is adopted pursuant to the authority set forth in Article 4 of Chapter 6 of Part 3 of Division 5 of the Health and Safety Code of the state and the constitutional authority of the city.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.101)

The provisions of this chapter are adopted for the purpose of prescribing and providing for the collection and enforcement of charges for sewer services and charges for the privilege of connecting to sewerage facilities.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.102)

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as defined below. Terms relating to wastewater quality are further defined in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

"Ancillary use" means any additional use identified in user group categories beyond the initial and primary use of the facility, as determined by the engineer or public works director, for purposes of sewer service and impact fees.

"Building sewer" means that part of the sanitary sewer system which receives discharge from soil and waste pipes in a building and conveys it to the junction with the service sewer at the property line or sewer easement line.

"BOD" means biological oxygen demand, indicating the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five consecutive days at twenty (20) degrees centigrade.

"Capital surcharge" means a component of the monthly service charge which finances capital projects or debt service and covenant requirements for sewerage system components as specified by the engineer.

"COD" means chemical oxygen demand, a chemical measure of the oxygen-consuming capacity of inorganic and organic matter present in wastewater.

"Collection systems" means all facilities maintained for collecting, pumping, conveying, storing and controlling wastewater.

"Combined sewer" means a sewer that services the purpose of both a sanitary sewer and a storm sewer.

"Commercial user" means any nonresidential user that the engineer or public works director determines does not meet the definition of an industrial user.

"Connection fee" is a previously used term for "sewer impact fee," used to determine the fair share costs to finance planning, design, construction inspection, administrative, debt service, debt covenant and other related costs for wastewater conveyance, treatment and disposal facilities for sewerage system expansion.

"Domestic wastewater" means wastewater originating from residential sources or from sanitary devices in industrial or commercial establishments.

"Easement" means an acquired legal right to the exclusive or joint use of a defined portion of land for construction or maintenance of sewers.

"Engineer" means the city engineer or designee responsible engineer carrying legal and professional duties for oversight and engineering administration of utility systems and facilities.

"Equivalent dwelling unit (EDU)" is a term used to characterize the average wastewater discharge from a single-family dwelling (SFD). For purposes of calculating sewerage system design parameters and comparing wastewater discharge from sewer service users other than SFDs, one EDU equals a domestic wastewater volume of two hundred (200) gallons per day (GPD) and one hundred eighty milligrams per liter (180 mg/l) maximum each, BOD and SS, per day at average dry weather flow rates. One EDU is further considered to generate domestic wastewater, carrying a minimal to moderate load of non-hazardous contaminants such as common household cleaning and maintenance products.

"Federal Act" means the Federal Water Pollution Control Act, PL 92-500 and amendments thereto; as well as regulations and standards promulgated by the Environmental Protection Agency (the EPA) or successor, pursuant to the Act.

"Fiscal year" means the year beginning July 1st and ending June 30th.

"Garbage" means solid wastes from preparation, cooking and dispensing of food and from handling, storage and sale of food products.

"Industrial user" means any user which meets one or more of the following criteria:

1. Any discharge of fifteen thousand (15,000) gallons or more of wastewater per day (excluding the domestic portion of the discharge) or more than 22.5 pounds of biochemical oxygen demand (BOD 5 ) or suspended solids (SS) per day (fifteen thousand (15,000) gallons at 180 mg/l);

2. Discharges wastewater to a POTW, which contains hazardous materials in sufficient quantity either singly or by interaction with other wastes, to constitute a potential hazard to humans or animals, to potentially cause interference or create a public nuisance or create any hazard in or have an adverse effect on the waters receiving any discharge from the POTW;

3. Is subject to EPA categorical pretreatment standards or any pretreatment standards set by the state;

4. Is required to obtain an industrial wastewater discharge permit pursuant to this chapter.

"Industrial waste" means the waterborne waste and wastewater from any industrial user.

"Infiltration" means groundwater that enters sewers.

"Inflow" means storm and other surface waters that enter the sewers.

"MG" means million gallons.

"MGD" means million gallons per day.

"MMF" means the maximum month wastewater flow occurring during the preceding twelve (12) month period.

"Multiple-family dwelling" means and includes duplexes, triplexes, quadplexes, apartments, mobilehomes, condominiums, townhouses or other combination of multiple living units, transient or permanent, private or public, discharging domestic wastewater primarily from sanitary devices.

"Nuisance" means that which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with comfortable enjoyment of life or property and any violation of a city ordinance.

"Person" means any individual, firm, company, association, society, partnership, corporation organization, group or public agency.

"POTW" means publicly owned treatment works or wastewater treatment plant.

"Premises" means a parcel of real property or portion thereof, including any improvement thereon, which is determined by the engineer to be a single unit for purposes of receiving, using and paying for sewage disposal service. In making this determination, the engineer shall take into consideration such factors as whether the unit could reasonably be subdivided, number and location of services sewers and whether the unit is being used for a single activity and, if not, what the principal activity is for sewage disposal services, but in any case, the engineer's determination shall be final.

"Public sewer" means any sanitary sewer, which is maintained by a public agency or quasi-public body (homeowners association, property owners association, etc.)

"Residential user" means a user whose premises are used solely for non-transient human habitation.

"Sanitary sewer" means a sewer which carries sewage or industrial wastes and to which inflow and infiltration are not permitted.

"Service sewer" means the extension of the building sewer from the property line or sewer easement line to the public sewer line.

"Sewage" means the wastewater derived from the human habitation and use of buildings for residential, institutional or commercial purposes, excluding storm waters and industrial waste.

"Sewer" means a pipe or conduit (and including pumping facilities and in-line treatment and control facilities appurtenant thereto) that receives and carries wastewater.

"Sewerage system" means all facilities for collecting, pumping, conveying, controlling, treating, storing and disposing of wastewater.

"Single-family dwelling" means any detached residential premise designed to house one family.

"SS" means suspended solids, defined as solids that either float on the surface of or are in suspension in, wastewater and which are largely removable by standard laboratory filtration procedures.

"Storm sewer" means a sewer that carries stormwater and surface water, street wash and other wash waters or drainage, but excludes sewage and industrial wastes.

"Street" means any public highway, road, street, avenue, way, alley or right-of-way.

"Trunk sewer" means a public sanitary sewer receiving wastewater from two or more different users.

"User" means any person discharging sewage or industrial waste to the city's sewerage system, including commercial, industrial and residential users, as defined herein.

"User group" means a category of facilities connected to the city sewerage system, whether public or private, with common characteristics of sewer service usage, as defined herein.

"Waste" means and includes sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal origin or from any commercial, producing, manufacturing or processing operation of whatever nature.

"Wastewater" means all wastes and waters considered for and/or discharged to and carried by the city sewerage system.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.103)

Revenues derived pursuant to the provisions of this chapter shall be used only for the acquisition, construction, reconstruction, maintenance and operation of the sewerage systems and facilities of the city and the planning, engineering and administration related thereto, to repay the principal and interest on bonds issued for the acquisition, construction or reconstruction of such sewerage systems and facilities and to repay any federal or state loans or advances made for the construction or reconstruction of such sewerage systems and facilities.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.104)

Any person adversely and directly affected by a determination made by the city manager or his or her designee under the provisions of this chapter may appeal such determination to the city council. A notice of appeal shall be filed in writing with the city clerk not later than fifteen (15) days after the date of such determination or not later than fifteen (15) days after the receipt by the appellant of a notice of such determination, whichever shall last occur. The notice shall specify the basis for the appeal. Any determination not appealed within the fifteen (15) days shall be final and binding.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.105)

At the next regular meeting of the city council following the receipt of the appeal by the city clerk, the council shall set the matter for a hearing within thirty (30) days and shall direct the city clerk to give the appellant written notice of the time, date and place of the hearing. At the time of the hearing, the council shall consider all testimony and evidence presented which is relevant to the subject of the appeal and, within fifteen (15) days thereafter, shall affirm, modify or reverse the determination of the city manager or his or her designee.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.106)