Colma Municipal Code Ch. 3 Detailed Table of Contents – Environmental Protections Colma Municipal Code

(October 2021) Page 7 of 7

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.01: [Repealed]

[Repealed] Colma Municipal Code (May 2012) Page 3.01-1

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.02: Environmental Impact Reports

[Repealed]

[History: formerly § 1.702; ORD. 206, 6/8/77; ORD. 266, 4/12/78; ORD. 284, 2/9/83; ORD. 638, 12/14/05; ORD. 645, 6/14/06]

Environmental Impact Reports (June 2006) Colma Municipal Code Page 3.02-1

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.03: Landfills

(a) No person owning any interest, legal, equitable, leasehold, possessory, or any other kind or nature, in real property lying wholly or partly within the boundaries of the Town of Colma shall use or permit the use of such property as a dump or landfill except in compliance with this subchapter, and no person shall operate, maintain or establish a dump except in compliance with this subchapter. (b) No person may operate any facility for the disposal of refuse, garbage or rubbish except for a landfill, as provided in this subchapter. [History: formerly § 3.201; ORD. 256, 1/14/81; ORD. 638, 12/14/05; ORD. 708, 5/9/12]

The working face or exposed face of any dump shall be kept as small or narrow as possible.

[History: formerly § 3.202; ORD. 256, 1/14/81; ORD. 638, 12/14/05 ]

The working face of any dump shall be covered at such intervals of time, but no less than once each week, as is required by the San Mateo County Department of Public Health and Welfare (hereinafter "County Health Department") in its Solid Waste Facility Permit ("Permit") for such dump.

[History: formerly § 3.203; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Suitable cover material shall be placed over all surfaces of compacted wastes. If native soil is used for cover it shall be compacted to a minimum thickness of six inches. Alternative cover materials shall be subject to City Council approval, which approval may limit the time such alternative cover material may be used in order to allow demonstration projects.

[History: formerly § 3.204; ORD. 256, 1/14/81; ORD. 464, 4/13/94; ORD. 638, 12/14/05]

The cover material shall be suitable, as that term is defined in the discretion of the County Health Department in its application of appropriate state or regional standards. The operator shall provide the County Health Department with written substantiation of an off-site supply of suitable cover materials which can be used in the event on-site material is not adequate to provide cover at intervals of time provided in section 3.03.030 above.

[History: formerly § 3.205; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Landfills Colma Municipal Code (May 2012) Page 3.03-1

Adequate water for fire protection and wetting down operations shall be made available, within 50 feet of disposal operation.

[History: formerly § 3.206; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

All material in any dump other than cover material shall consist only of rubbish.

[History: formerly § 3.207; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

No garbage shall be permitted at any dump.

[History: formerly § 3.208; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Salvage operations shall be shielded by a fence at least five (5) feet high. Salvaged items shall be kept at least twelve (12) inches off the ground or on a concrete slab. No direct sale to the public shall be permitted. Salvaged items shall be removed from the premises daily or stored in a properly constructed vector-proof building.

[History: formerly § 3.209; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Burning shall be prohibited.

[History: formerly § 3.210; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

A rodent and fly control program shall be enforced.

[History: formerly § 3.211; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Sanitary toilet facilities shall be provided for the operators.

[History: formerly § 3.212; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

A schedule of days and hours of operation shall be posted. The disposal site of any dump shall be closed from 5:00 p.m. to 2:30 a.m. every day of the week. No signs shall be posted on said

Landfills Colma Municipal Code (May 2012) Page 3.03-2

site other than a sign no larger than 18 inches by 36 inches showing the hours of operation, and other signs posted about the property which shall read Private Property No Trespassing.

[History: formerly § 3.213; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

The City Health Officer shall inspect the site and operations not less than four (4) times annually.

[History: formerly § 3.214; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

All rubbish shall be deposited at the toe of the fill to facilitate maximum compaction. The rubbish shall be spread and compacted in layers with repeated passages of equipment so as to eliminate voids within the cell. The loose layer shall not exceed a depth of approximately two (2) feet before compaction. The slope of the working face shall be maintained at a ratio which will allow effective compaction of the wastes.

[History: formerly § 3.215; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

All completed disposal areas shall be compacted and provided with a final cover of at least three (3) feet of clean soil. A lesser thickness of final cover may be allowed upon a demonstration that, due to thorough compaction of refuse or other factors, differential settlement is likely to be minimal. At least one foot of the final cover shall be compacted to attain permeability no greater than 10-6 cm/sec.

[History: formerly § 3.216; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Each day's dumping operations shall be limited to an area in which the disposal operations can be completed by the end of each day's operation.

[History: formerly § 3.217; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

No open fires or open burning of any type shall be permitted at any dump site.

[History: formerly § 3.218; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

A representative of the dump operator in each instance shall be present during dumping and covering operations to control and supervise all activities.

Landfills Colma Municipal Code (May 2012) Page 3.03-3

[History: formerly § 3.219; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

An accurate record shall be kept of the following records:

(a) A record of the total volume and weight of refuse (in cubic yards and tons) deposited on the site during each month. This record shall include the daily average of refuse deposited.

(b) A monthly record of the volume of fills completed (in cubic yards) showing the locations and dimensions on a sketch map.

This record shall be available to officers and employees of the Town of Colma at all times.

[History: formerly § 3.220; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Inspection of the premises shall be made by the operator (or representative) at least once a week for evidence of rodents and evidence of insect breeding. Any infestation shall be effectively controlled by the proper use of poisons, gas, traps or insecticidal sprays, as prescribed by the City Health Officer.

[History: formerly § 3.221; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

No person shall allow a nuisance to exist at or near a dump site or maintain any condition at or near said site that might constitute a nuisance as to neighboring properties or persons.

[History: formerly § 3.222; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Unregulated and unauthorized dumping at or about any dump site is prohibited.

[History: formerly § 3.223; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

The gates of any dump shall be closed and locked during hours when the dump is not in operation.

[History: formerly § 3.224; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

No debris or rubbish shall be left on or about said property in a loose condition.

[History: formerly § 3.225; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Landfills Colma Municipal Code (May 2012) Page 3.03-4

Insofar as any of the conditions, restrictions or provisions of this subchapter are concerned, and insofar as they may be repetitive or cumulative, it is the intention of the City Council of the Town of Colma that they shall add to and not subtract from one another, it being the intention of said City Council that this subchapter and each of its provisions shall be most strictly construed against any person owning, maintaining or operating a dump, their agents, servants and employees.

[History: formerly § 3.226; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

This subchapter is not intended to, nor does it operate as a grant of permission to operate, maintain or establish a dump. No person may establish, operate or maintain a dump until and unless such person has first obtained a Solid Waste Facility Permit from the County Health Department and a use permit from the Town of Colma under Chapter Five of the Town of Colma Municipal Code. Building or other permits and licenses as required by law or subchapter shall continue to be required.

[History: formerly § 3.227; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

The provisions of this subchapter are intended to prescribe minimum standards of sanitation, health and safety, and shall not be deemed to conflict with any use permit or variance heretofore or hereafter granted relating to establishment, operation or maintenance of a dump insofar as such condition or restriction prescribes minimum standards of sanitation, health and safety equal to or higher than the standards prescribed by this subchapter, and any condition or restriction in a use permit or variance imposing an equal or higher standard shall have full force and effect.

[History: formerly § 3.228; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

(a) It shall be the duty of the City Health Officer to enforce the provisions of this subchapter, and it shall be the duty of the Police Department and all officers and agencies of the City otherwise charged with the enforcement of law to enforce this subchapter.

(b) Any person violating any provision of this subchapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as prescribed by statute. Each day such violation is permitted to exist after notification thereof shall constitute a separate offense.

(c) In addition to the remedy herein provided, the City Attorney may institute proceedings for injunctive relief against violations of the provisions of this subchapter.

[History: formerly § 3.229; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Landfills Colma Municipal Code (May 2012) Page 3.03-5

If any section, subsection, sentence, clause, phrase, or portion of this subchapter is declared unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this subchapter. The Council hereby declares it would have adopted this subchapter and each section, subsection, sentence, clause, phrase and portion thereof, without the incorporation of any section, subsection, sentence, clause, phrase or portion thereof declared unconstitutional.

[History: formerly § 3.300; ORD. 256, 1/14/81; ORD. 638, 12/14/05]

Landfills Colma Municipal Code (May 2012) Page 3.03-6

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.04: Regulation of Sewers and Restrictions on Discharge of Water and Waste

The Town of Colma has contractual arrangements with both the City of South San Francisco and the North San Mateo County Sanitation District for sewage disposal. This ordinance is intended to regulate and control the quantity and quality of sewage and industrial wastes and other substances as provided for herein; provide for source control of the quantity, quality and flow of sewage industrial waste, and other substances to maintain the respective treatment plants of South San Francisco and North San Mateo County Sanitation District at a level of operation which conforms with the standards and requirements of law; authorizes fees and charges; and provides for civil and criminal penalties for violation thereof.

To the extent that the laws and regulations of South San Francisco or the North San Mateo County Sanitation District may vary, it is further intended that this ordinance set forth where appropriate those provisions applicable only to the sewer facilities connected to the South San Francisco facilities and those provisions applicable only to sewer facilities connected to the North San Mateo County Sanitation District facilities.

[History: formerly § 3.300; ORD. 279, 11/10/82; ORD. 638, 12/14/05]

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

[History: formerly § 3.302; ORD. 279, 11/10/82; ORD. 638, 12/14/05]

It shall be unlawful to discharge to any stream or watercourse any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this ordinance.

[History: formerly § 3.303; ORD. 279, 11/10/82; ORD. 638, 12/14/05]

(a) It shall be unlawful for any person to construct, enlarge, alter, repair, improve or replace a septic tank, cesspool, seepage pit, drainage field, leaching system or any type of individual sewage disposal system or any part thereof without first obtaining a permit under the provisions of Subchapter 6 relating to individual sewage disposal systems.

Regulation of Sewers & Restrictions on Discharge of Water & Waste Colma Municipal Code (May 2021) Page 3.04-1

(b) It shall be unlawful for any person to maintain a septic tank, cesspool, seepage pit, drainage field, leaching system or any type of individual sewage disposal system or any part thereof on any property adjacent to or within 100 feet of a public sanitary sewer, except as provided in paragraphs (1) and (2) below:

(1) If the public sanitary sewer is installed after installation of the individual sewage

disposal system, the individual sewage disposal system may be maintained for a period of two years after the public sanitary sewer is installed adjacent to or within 100 feet of the subject property or until July 1, 1989, whichever is later; or until such sooner time as the individual's sewage disposal system requires repair, improvement, alteration or replacement.

(2) Upon application to the City Council accompanied by a non-refundable fee of

$100.00, a permit to maintain an individual sewage disposal system may be granted by resolution of the City Council for a period of no more than three years upon finding by the City Council that the property in question is at least three acres in size and that, under all circumstances, connection with the City's sewer system would be unreasonable. The permit may contain any condition that the City Council deems appropriate. Permits may be renewed for periods not to exceed three years upon application to the City Council for a new permit, accompanied by a non-refundable fee of $100.00.

[History: formerly § 3.304; ORD. 279, 11/10/82; ORD. 349, 05/13/87; ORD. 638, 12/14/05]

The restrictions with respect to any discharge into any sewer in Colma connected with the South San Francisco Water System are set forth in Subchapter Eight of Chapter Three of the Colma Municipal Code.

[History: formerly § 3.305; ORD. 279, 11/10/82; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Sanitation District System.

The restrictions with respect to any discharge into any sewer in Colma connected with the North San Mateo County Sanitation District System are set forth in Subchapter Nine of Chapter Three of the Colma Municipal Code.

[History: formerly § 3.306; ORD. 279, 11/10/82; ORD. 286, 5/11/88; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Industrial Wastes.

The restrictions with respect to this section are set forth in Subchapter Nine of Chapter Three of the Colma Municipal Code.

Regulation of Sewers & Restrictions on Discharge of Water & Waste Colma Municipal Code (May 2021) Page 3.04-2

[History: formerly § 3.307; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

(a) Permit Required. It shall be unlawful to construct a side sewer, or make a connection with any main sewer, except as provided herein. Before commencement of construction of a side sewer, the owner shall obtain a permit from the Building Inspector and shall pay the fees in connection therewith.

(b) Design and Construction Requirements. Design and construction of side sewers shall be in accordance with the requirements of the approved sanitation agency owning the main sewer.

(c) Separate Sewers. No two buildings shall be permitted to join in the use of the same side sewer, except that one or more buildings located on property belonging to the same owner may be served with the same during the period of said ownership. Upon the subsequent subdivision and sale of a portion of said lot, the portion not directly connected to such main sewer shall be separately connected to such sewer.

(d) Old Building Sewers. Old building sewers may be connected with main sewers only when they are found, upon examination and test, to meet all requirements of the approved sanitation agency owning the main sewer.

(e) Cleanouts. Cleanouts in side sewers shall be provided in accordance with the Plumbing Code and the requirements of the approved sanitation agency owning the main sewer. All cleanouts shall be maintained watertight.

(f) Low Sewers. In all buildings in which any side sewer is too low to permit gravity flow to the main sewer, sanitary sewage carried by such side sewer shall be lifted by artificial means meeting the requirements of the approved sanitation agency owning the main sewer, and discharged to the main sewer at the expense of the owner.

(g) Connection to Main Sewer. The connection of any side sewer to the main sewer shall be at the applicant's expense and shall be made in accordance with the requirements of the approved sanitation agency owning such main sewer. No such connection shall be made until approved by the Building Inspector. Any damage to the main sewer shall be repaired in accordance with the requirements of the approved sanitation agency owning such main sewer at the cost of the applicant.

(h) Maintenance. Side sewers shall be maintained by the owner of the property served thereby. Where the side sewer provides service to single family residential units with common walls, condominium, stock cooperative, community apartment or other similar improvements, the obligation to maintain the side sewer shall be in the homeowners' association or other entity responsible for the maintenance of the property and facilities owned in common.

[History: formerly § 3.308; ORD. 279,11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

Regulation of Sewers & Restrictions on Discharge of Water & Waste Colma Municipal Code (May 2021) Page 3.04-3

(a) Permit. No person shall construct or extend any public sewer or any sewer designed and intended to combine with any other public sewer as a main sewer, without obtaining a permit from the Building Inspector and paying the fee in connection therewith, and a permit from an approved sanitation agency and paying the fee in connection therewith. The provisions of this section shall not apply to contractors performing under a contract with the Town of Colma or an approved sanitation agency.

(b) Design and Construction. Design and construction of public sewers shall be in accordance with the requirements of the approved sanitation agency owning the main sewer to which the public sewer is to be connected.

[History: formerly § 3.309; ORD. 279,11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

When any person, by reason of special circumstances, is of the opinion that any provision of this ordinance is unjust or inequitable as applied to his premises, he may make written application to the Council, stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises. If such application be approved, the Council may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances; provided however that no such resolution shall be effective without the prior written approval of the District Manager of the District servicing or to service the premises.

[History: formerly § 3.310; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

The Council may, on its own motion, find that by reason of special circumstances any provision of this regulation and ordinance should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof; provided however that no such resolution shall be effective without the prior written approval of the District Manager of the District servicing or to service the premises.

[History: formerly § 3.311; ORD. 279,11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

The Building Inspector shall carry evidence establishing his position as an authorized representative of the Town of Colma, and upon exhibiting the proper credentials and identification shall be permitted to enter, along with an agent of an approved sanitation agency, in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing and otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the Town of Colma or an approved sanitation agency. All

Regulation of Sewers & Restrictions on Discharge of Water & Waste Colma Municipal Code (May 2021) Page 3.04-4

owners shall be held strictly responsible for any and all acts of agents or employees done under this ordinance. Upon being notified by the Building Inspector of any defect arising therefrom in any sewer, or of any violation of this ordinance, the person or persons having charge of said work shall immediately correct the same.

[History: formerly 3.312; ORD. 279,11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

(a) Connection charges for single family units, multiple dwellings, commercial, industrial, public and other uses and for changes in use of existing properties, within or without the boundaries of Colma, must be paid to Colma by the owner, or by any other person obligated to pay such charge, who desires the connection of any such property to the sewerage works of the city of South San Francisco or to make any changes in existing connections thereto. No connection fee shall be charged for the re-routing of existing service connections from one sewer line to another.

(b) A sewer connection fee shall be paid by the user or parcel owner for connection to a public sanitary sewer at the time the building permit is issued, or if no building permit is necessary, prior to the time the connection is operational. When a change in use from residential to commercial or institutional occurs, the difference in connection charges shall be paid. Equivalent dwelling unit (EDU) is the amount and strength of sewage equivalent to that discharged by a single-family residence. By definition, a single-family residence is one EDU, and an apartment or duplex with two dwelling units would be two EDUs.

(c) Sewer connection fee shall be determined for each class of user in accordance with the following schedule, where

(1) the number of EDU = (0.00359 x Q) + (0.388 x BOD) + (0.463 x TSS),

(2) Q is the gallons per day of sewage to be discharge,

(3) BOD is the pounds per day of biochemical oxygen demand to be discharged, and

(4) TSS is the pounds per day of total suspended solids to be discharged:

Calendar Year Connection Fee Rate (Dollars per EDU)
2005 $1,554
2006 $1,596
2007 $1,639
2008 $1,683
2009 $1,729
2010 $1,775

(d) The minimum connection fee shall be the connection fee for one EDU.

[History: formerly § 3.313; ORD. 279, 11/10/82; ORD. 340, 11/12/86; ORD. 416, 6/13/90; ORD. 515, 7/9/97; ORD. 534, 7/8/1998; ORD. 618, 6/16/04; ORD. 632, 7/13/2005; ORD. 638, 12/14/05]

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System.

Connection charges for single family units, multiple dwellings, commercial, industrial, public and other uses and for changes in use of existing properties shall be paid to Colma by the owner, or by any other person obligated to pay such charge, who desires the connection of any such property to the sewerage works of the North San Mateo County Sanitation District or to make any changes in existing connections thereto. No connection fee shall be charged for the re-routing of existing service connections from one sewer line to another. Said connection fees are set forth below as follows:

(a) Single-Family Residential Dwellings

(1) Dwelling units in any one 12 month period by a builder/developer or any

subsidiary, partner or joint venture with no more than 33 fixture units per residential unit: $2,600 Minimum per D/U

(2) New Single Family Residence with Secondary Unit (up to an additional 33 fixture

units for the single family and up to 11 fixture units for the secondary unit) $3.485 per both units

(3) Conversion of Single Family Residence to one with Secondary Unit (up to an

additional 11 fixture units for conversion) $550 per second unit

plus, as to Item (1)(A) above, it there is in excess of 33 fixture units, and additional ......................................................................... $63 per fixture unit;

plus, as to Item (1)(A) above, common facilities .................. $63 per fixture unit

(b) Multiple Residential Dwelling

(1) Up to and including 21 fixture units, $1,975 Minimum per D/U

(2) Plus, in excess of 21 fixture units, $63 per fixture unit

(3) Plus, common facilities, $63 per fixture unit

(c) Commercial, Industrial, Public and Other Uses: $63 per fixture unit, $3,150 Minimum

(d) Condominium Conversion: Difference between charges initially paid for connection as a multiple dwelling, as credited against charges for single dwellings in effect at time of conversion to condominium $63 Minimum per D/U

(e) Change of use Alteration or Addition to Existing Connection

(1) For change of use alteration or addition to connection, $63 Minimum

(2) Plus, for each fixture unit in excess of 33, $63 per fixture unit

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(f) Special Connection Charges. In addition to the above fees, District may impose charges based on type of use, discharge, or impact on District facilities, to provide the equitable distribution of the cost of District’s wastewater system.

(g) Swimming Pools. $63 per fixture unit, where:

(1) 2” Discharge Pipe = 4 fixture units

(2) 3” Discharge Pipe = 6 fixture unite

(3) 4” Discharge Pipe = 8 fixture units

[History: formerly § 3.313.1; ORD. 340, 11/12/86; ORD. 416, 6/13/90; ORD. 515, 7/9/97; ORD. 534, 7/8/98; ORD. 618, 6/16/04; ORD. 632, 7/13/2005; ORD. 638, 12/14/05]

(a) Industrial Waste Discharge Permit

Waste constituent and volume unit charge:

Dischargers who are required to obtain an Industrial Waste Discharge Permit will pay a sewage disposal charge based on waste strength and volume calculated as follows: (i) the unit charge for each waste constituent multiplied by the allowable limit for that constituent in the discharger's permit, plus (ii) the unit charge for volume multiplied by the volume based on the capital and operating costs of collection, treatment, and disposal. In addition to the sewage disposal charge, the discharger shall pay all applicable permit and monitoring charges.

(b) Annexation Fees

(1) Preliminary Application - $50.00

(2) Annexation Fee Deposit in a sum estimated to equal engineering, legal and

publication costs, and all other costs which may be incurred in preparing and examining maps, legal descriptions and other documents in relation thereto, and other expenses regularly incurred in connection therewith. In addition, owner shall bear the expense of any filing fees or other fees required by the Local Agency Formation Commission or other state or local agency having jurisdiction over said annexation.

(3) Assessment Connection Charge

For any unit or lot, or part of said property which may be annexed that abuts on or can

be directly served by any existing sewerage works of the District constructed or acquired pursuant to a special assessment proceeding, an additional connection charge equal to the amount which said property would have been assessed for said improvement shall also be collected and paid for the privilege of using said sewerage works. Said sum shall not include any amounts for which bonds of the District are then outstanding and to which said property is or shall become subject.

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(4) Environmental Quality Act Fees

Owner or beneficially interested party shall deposit with the appropriate sanitation

agency the estimated cost of District preparation of materials, reports and the making of evaluations of the proposed project as estimated by the District Manager.

[History: formerly § 3.314; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

Sewer System.

(a) Definitions. As used in this section, the following terms shall have the respective meanings shown:

(1) “Charge” means the amount of the payment required for sewer service provided

to a parcel or facility; the charge is determined by multiplying the rate times the number of units of service that are specified in this ordinance.

(2) "Institutional" class of users means schools, colleges, rest homes, hospitals,

clubs, lodges and similar uses.

(3) "Light commercial" class of users means bars (without dining facilities), car

washes, department and retail stores, hotels, motels (without dining facilities), laundromats, professional and business offices, banks, savings and loan associations, warehouses, auto rentals (without repair shops), newspapers, commercial printing shops, freight and drayage services, barbershops, shoe repair shops, camera shops, plating shops, wood and furniture fabricators, heating and appliance stores, drug stores, auto supply stores, general contractors' offices, public administration offices, health services, legal services, dry cleaners, metal fabricators, lumber companies, laundry services, sheet metal shops, and similar uses with wastewater strengths less than or approximately equivalent to residential strength.

(4) "Moderate commercial" class of users means auto/gas service stations, auto

steam cleaners, auto rentals (with repair shops), bakeries, beauty and hair salons, commercial laundries, mortuaries, lodges (with dining facilities), radiator repair shops, markets (with garbage disposals), ice cream parlors, candy manufacturers, food preparation and caterers, sandwich shops, drive-in theaters, creameries, roofers, chemical preparations, machine shops, photo/film processors, rug, carpet, upholstery cleaners, foundries, ceramics studios, oil services, transmission services, sanitation services, furriers, drum and barrel cleaners, and similar classes of uses with wastewater strengths significantly greater than residential strength. A user in this class will be reclassified to the light commercial use classification if it adequately demonstrates to the city engineer it is discharging only segregated or wastewater equivalent in strength to residential wastewater.

(5) "Monitored and industrial" class of users means manufacturers, processors,

producers, laundries, photo finishers, painting services, packagers and similar uses whose wastewater are monitored by the city.

(6) “Rate” means the cost per unit of sewer service.

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(7) “Residential” class of users means the classification of discharger and the parcel of real property or portion thereof on which the discharger is situated, including single-family dwelling, multifamily dwelling (duplex, flat, apartment and similar types of uses), trailer courts and similar types of uses.

(8) "Septage Waste Haulers" means commercial businesses, which haul to and

dispose of septage waste at the City of South San Francisco’s Water Quality Control Plant.

(b) Sewer Service Charges. Sewer service charges shall be paid to Town of Colma for any connection to and use of the sewerage works of the City of South San Francisco in an amount set by resolution. The rates used to determine the charge each year shall be the maximum amounts established by the City Council, by resolution.

(c) Rates for all Properties. From and after the effective date of this subsection and until this Subchapter is repealed or amended to provide otherwise, all users in each class connected to the sewerage works of the City of South San Francisco shall pay annual sewer service charges set by resolution to the Town of Colma.

(d) Pass-through Rates for all Properties. Until this Subchapter is repealed or amended to provide otherwise, all users in each class connected to the sewerage works of the City of South San Francisco shall pay annual sewer service charges set by resolution to the Town of Colma using the rates hereafter adopted by the City of South San Francisco, provided, however, that the Town shall give written notice of any applicable rate increase to each property on whom the increased rate is to be imposed not less than thirty days prior to the effective date of such rate increase.

[History: formerly § 3.315; Ord. 279, 11/10/82; Ord. 286, 5/11/83; Ord. 416, 6/13/90; Ord. 515, 7/9/97; Ord. 534, 7/8/97; Ord. 558, 7/14/99; Ord. 582, 6/14/00; Ord. 589, 7/11/01; Ord. 604, 7/9/03; Ord. 618, 6/16/04, Ord. 632, 7/13/05; Ord. 638, 12/14/05; Ord. 678, 07/08/12; Ord. 690,06/09/10; Ord. 692, 7/14/10; Ord. 699, 7/13/11; Ord. 700, 9/14/11; Ord. 763, 7/13/16; Ord. 778, 4/11/18; Ord. 806, 5/12/21]

(a) Definitions. As used in this section, the following terms shall have the respective meanings shown:

(1) “Charge” means the amount of the payment required for sewer service provided

to a parcel or facility; the charge is determined by multiplying the rate times the number of units of service that are specified in this ordinance.

(2) “NSMCSD” means the North San Mateo County Sanitation District.

(3) “Rate” means the cost per unit of sewer service.

(b) Sewer Service Charges. Sewer service charges shall be paid to Town of Colma for any connection to and use of the sewerage works of the North San Mateo County Sanitation District in an amount set forth by resolution. The rate used to determine the charge each year shall be the maximum amount established by the City Council by resolution.

Regulation of Sewers & Restrictions on Discharge of Water & Waste Colma Municipal Code (May 2021) Page 3.04-9

(c) Rates for all Properties. All users in each class, connected to the sewerage works of North San Mateo County Sanitation District shall pay annual sewer service charges to the Town of Colma at the rate set by resolution.

(d) Pass-Through Rate Increases for all Properties. The Town shall pass-through all sewer rate increases adopted by the North San Mateo County Sanitation District. All users in each class other than residential connected to the sewerage works of the North San Mateo County Sanitation District shall pay annual sewer service charges to the Town of Colma calculated in accordance with the rates imposed on the Town by the North San Mateo County Sanitation District for that fiscal year, provided, however, that the Town shall give written notice of any applicable rate increase to each property on whom the increased rate is to be imposed at least thirty days prior to the effective date of any such increase. In no event shall the rates charged by the Town of Colma for sewer service pursuant to this section exceed the rates in effect for the prior fiscal year by more than 10%.

[History: formerly § 3.315.1; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 416, 6/13/90; ORD. 515, 7/9/97; ORD. 534, 7/8/97; ORD. 558, 7/14/99; ORD. 582, 6/14/00, ORD. 589, 7/11/01; ORD. 618, 6/16/04; ORD. 632, 7/13/2005; ORD. 638, 12/14/05, ORD. 648, 7/12/06; ORD. 650, 9/26/06; ORD. 699, 7/13/11; ORD. 700, 9/14/11; ORD. 763, 7/13/16; ORD. 806, 5/12/21]

Sewer service charges shall become payable on June 30 of each year for the next succeeding year with respect to all buildings completed prior thereto, and shall be paid in accordance with the provisions of the ordinance or ordinances of Colma, as may be amended from time to time, relating to the collection of sewer charges on the tax roll. Where a sewer service charge is not entered on the tax roll for collection with respect to any building sewer which is initially connected between July 1 and the next following June 30, or where the building, to which the initial connection is made, is not completed until the period between July 1 and the next following June 30, a prorated sewer service charge shall be estimated and determined by the City Engineer and said prorated service charge shall be paid by the owner of the building. No certificate of occupancy shall be issued until the said sewer service charge is paid.

[History: formerly § 3.316; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

(a) Single Residential Dwelling

One single residential dwelling unit (SRDU) ........................................... $100.00/SRDU

(b) Multiple Residential Dwelling

For each building sewer installation .............................................. $100.00/installation

(c) Commercial, Industrial, Public and Other Uses

For each building sewer installation .............................................. $100.00/installation

Regulation of Sewers & Restrictions on Discharge of Water & Waste Colma Municipal Code (May 2021) Page 3.04-10

(d) Industrial Waste Discharge Permit Required Use

In a sum equal to District's cost for processing the Industrial Waste Discharge

Permit Application and Permit, reviewing proposed monitoring programs, and inspecting pretreatment and monitoring facilities ................................................... $500 Minimum

If District’s estimate of expenses exceeds the minimum fee of $500 per permit by 25% the fee shall be based on said estimated cost.

(e) Public Sewer Construction

(1) Encroachment Permit $70.00

(2) Inspection Charge-In a sum equal to District's
costs for inspection but not limited to staff's hourly rate,
plus benefits, transportation and administrative costs. $70.00 Minimum

(f) Alteration of Existing Use or Installation. $70.00 Minimum

(g) Additional Fees for Unauthorized Connections. In the event any part of a sewer is stored or altered without the issuance of a permit and the inspection of said sewer, the fee for the issuance of said permit and the inspection of said sewer shall be double the amounts listed above, plus an additional fee of $100 to District for issuing an Encroachment Permit. Said fee shall be paid upon submittal of an application form provided by District.

[History: formerly § 3.317; ORD. 279,11/10/82; ORD. 286, 5/11/83; ORD. 340, 11/12/86; ORD. 618, 6/16/04; ORD. 638, 12/14/05]

Any amendment to the fee schedules in this code shall not discharge or release any person from any indebtedness arising from failure to pay any sum due and owing under any prior ordinance of the Town of Colma establishing sewer service fees or sewer connection fees.

[History: formerly § 3.317.5, ORD. 286, 5/11/83; ORD. 618, 6/16/04; ORD. 638, 12/14/05]

It shall be the duty of the person doing the work authorized by permit to notify the Town of Colma, in writing, that said work is ready for inspection. Such notification shall be given not less than 48 hours, Saturdays, Sundays and Holidays excluded, before the work is ready to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the tests required by Colma before giving the above notification.

[History: formerly § 3.318; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

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When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of Colma.

[History: formerly § 3.319; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify Colma from any loss or damage that may directly or indirectly be occasioned by the work.

[History: formerly § 3.320; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

A separate permit must be secured from the City or any other person having jurisdiction thereover by owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections.

[History: formerly § 3.321; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

Colma and its officers, agents, and employees shall not be answerable for any liability or injury or death to any person, or damage to any property, arising during or growing out of the performance of any work by such applicant. The applicant shall be answerable for and shall save Colma and its officers, agents and employees harmless from any liability imposed by law upon Colma or its officers, agents or employees, including all costs, expenses, fees and interest incurred on defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein.

[History: formerly § 3.322; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

If work under a permit is not commenced within six months from the date of issuance of the permit, or if after partial completion the work be discontinued for a period of one year, the permit shall thereupon become void and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon the issuance of said new permit.

[History: formerly § 3.323; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

Any person found to be violating any provision of this ordinance shall be served with written notice stating the nature of the violation and providing a time limit for the satisfactory

Regulation of Sewers & Restrictions on Discharge of Water & Waste Colma Municipal Code (May 2021) Page 3.04-12

correction thereof. Said time limit shall be not less than two (2) nor more than seven (7) working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this or any other ordinance, rule or regulation.

[History: formerly § 3.330; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

As an alternative method of enforcing the provisions of this or any other ordinance, rule or regulation the City or the appropriate sanitation agency shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the agency. Upon disconnection the agency shall estimate the cost of disconnection from and reconnection to the system, and owner shall deposit with the agency a sum equal to such estimate, before such user is reconnected to the system. The manager shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.

[History: formerly § 3.331; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the City shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnecting, there is to be paid to the City a reasonable attorney's fee and cost of suit arising in said action.

[History: formerly § 3.332; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

The City hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty.

[History: formerly § 3.333; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

Each and every connection or occupancy in violation of this ordinance shall be deemed a separate violation and each and every day or part of a day a violation of this ordinance continues shall be deemed a separate offense hereunder and shall be punishable as such.

[History: formerly § 3.334; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

Any person violating any of the provisions of this ordinance shall become liable to the City or the appropriate sanitation agency for any expense, loss or damage occasioned by reason of such violation.

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[History: formerly § 3.335; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works of the City of South San Francisco or the North San Mateo County Sanitation District.

[History: formerly § 3.336; ORD. 279, 11/10/82; ORD. 286, 5/11/83; ORD. 638, 12/14/05]

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CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.05 - Collection of Solid Waste, Recyclables, and Organic Waste

Division1:General

(a) The City Council finds and determines that:

(1) It is in the public interest to:

(A) maximize waste reduction, Recycling and composting options;

(B) reduce the amount of Solid Waste, Recyclables and Organic Waste
disposed in landfills;

(C) recycle paper, aluminum, metal containers, glass, corrugated cardboard,
certain plastic containers, and other Recyclable Materials as may be
determined from time to time by the City Council;

(D) grant franchises and permits to persons and businesses engaged in the
collection of Recyclable Materials therein; and

(E) require comprehensive reporting of the collection of Recyclable Material
by all haulers in the Town to assist in compliance with the CalRecycle
Electronic Annual Report.

(2) The Town’s Recycling program may be negatively impacted by unauthorized
scavengers taking Recyclable Materials before those materials can be picked up
by a Franchisee or Permittee.

(b) State Recycling law, Assembly Bill 939, or the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their local jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

(c) State Recycling law, AB 341 of 2011, places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for Recycling services and requires local jurisdictions to implement a Mandatory Commercial Recycling program.

(d) State organics Recycling law, Assembly Bill 1826 of 2014, requires businesses and Multi- Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for Recycling services for that waste, requires local jurisdictions to implement a Recycling program to divert Organic Waste from businesses subject to the law, and requires local jurisdictions to implement a Mandatory Commercial Organics Recycling program. Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-1

(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires local jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. The SB 1383 Regulations are intended to divert organic waste from landfills and recover edible food for human consumption.

(f) The purpose of this subchapter is to comply with the Recycling and reporting requirements of AB 939 (hereafter, the “Waste Management Act”), as amended from time to time, including amendments made by SB 1016, AB 341, AB 1826, SB 1383, and their implementing regulations. Specifically, but without limitation, this subchapter is intended to:

(1) increase Recycling participation rates;

(2) improve the recovery rates of Recyclable Materials;

(3) improve reporting capabilities to CalRecycle;

(4) comply with state Recycling laws;

(5) reduce waste to landfill; and

(6) maintain a cost effective, garbage, Recycling, and organic waste collection
program for the residents, businesses and institutions of the Town.

[History: New, ORD. 708, 5/9/12, ORD. 808, 10/27/21]

For the purpose of this subchapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular include the plural number.

(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.

(b) “CalRecycle” means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.

(c) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this subchapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

(d) “Charitable Entity” means any not-for-profit organization or entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities.

(e) “Collect” or “Collection” means the operation of gathering together and transporting Solid Waste to a point of disposal and/or Recycling or composting.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-2

(f) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6).

(g) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this subchapter.

(h) “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4), or, as otherwise defined by 14 CCR Section 18982(a)(8).

(i) “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

(j) “Compliance Review” means a review of records by the Town to determine compliance with this subchapter.

(k) “Construction and Demolition Debris” or “C&D” means materials resulting from construction, renovation, remodeling, repair or demolition operations and which has been segregated for Recycling, reuse or remanufacture. Materials include but are not limited to wood, asphalt, concrete, drywall, steel rebar, roofing material and other materials resulting construction, renovation, remodeling, repair or demolition operations.

(l) “Container” means a cart, bin, roll-off, compactor or similar receptacle used to temporarily store Solid Waste, Recyclable Materials, or Organic Waste for collection service.

(m) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

(n) “Designee” means an entity that the Town contracts with or otherwise arranges to carry out any of the Town’s responsibilities of this subchapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a franchised hauler, a private entity, or a combination of those entities.

(o) “Designee for Edible Food Recovery” means the County of San Mateo’s Office of Sustainability with which the Town has a Memorandum of Understanding for the purposes of Edible Food Recovery including, but not limited to, inspection, investigation, and enforcement of the Edible Food Recovery provisions of this subchapter. Contact information for the Designee for Edible Food Recovery can be found on the County of San Mateo Office of Sustainability website.

(p) “Donate” or “donation” means the act of a generator of Recyclable Materials or Organic Waste giving or conveying items or materials to another person or company, without paying the

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-3

recipient or providing any other form of consideration for taking and/or hauling away the donated materials.

(q) “E-waste” means electronic equipment nearing the end of its useful life and determined by the Department of Toxic Substances Control to be covered by the Electronic Waste Recycling Act of 2003. Computers, televisions, VCRs, stereos, copiers, and fax machines are common E- waste products.

(r) “Edible Food” means food intended for and fit for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator.

(s) “Edible Food Recovery” means actions to collect, receive, and/or re-distribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed of.

(t) “Enforcement Action” means an action of the Town to address non-compliance with this subchapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

(u) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Town and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the Town’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Town, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, Recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

(v) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.

(w) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

(x) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Tier One or Tier Two Commercial Edible Food Generators and distributes that Edible Food either directly or through other entities, including, but not limited to:

(1) A food bank as defined in Section 113783 of the Health and Safety Code.

(2) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-4

(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

(y) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Tier One or Tier Two Commercial Edible Food Generator to a Food Recovery Organization or other entities for Edible Food Recovery.

(z) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

(aa) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells and other food materials and may be modified from time to time per Hauler’s organics collection materials requirements. Food Scraps excludes fats, oils, and grease.

(bb) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons and materials and may be modified from time to time per Hauler’s organics collection materials requirements .

(cc) “Food Waste” means all Food Scraps, Food-Soiled Paper, and includes Biodegradeable Products Institute (BPI) certified container products and other materials which may be included in the organics collection.

(dd) “Franchise Agreement” means an agreement between the Town and an individual, association or firm, organization or other business entity for the collection of Solid Waste, including Recyclables and Organic Waste.

(ee) “Franchisee” means an individual, association, firm, organization or other business entity who has entered into a franchise agreement with the Town, whether or not said entity is operated for profit, for the collection of Solid Waste, including Recyclables, within the Town.

(ff) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

(gg) “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a) (6.5).

(hh) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

(ii) “Greenhouse gas” or “GHG” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases.

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(jj) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

(kk) “Hauler” means a person or entity, or the agents or employees thereof, whom the Town shall have duly licensed, franchised, granted a permit to, or contracted with, to collect, carry, transport, compost, and/or recycle Solid Waste, Recyclables, and Organic Waste within the Town.

(ll) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the Town’s collection service area, or as otherwise defined in 14 CCR Section 18982(a) (31.5).

(mm) “Hazardous Waste” means any material, which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of “hazardous waste”, for purposes of collection, transportation, processing and/or disposal, the broader, more expansive definition shall be employed for purposes of this subchapter. Hazardous Waste includes, but is not limited to any of the following:

(1) Materials regulated by section 40141 of the California Public Resources Code,
sections 25110.02, 25115, 25117, 25281 or 25316 of the California Health and
Safety Code (the California Hazardous Waste Control Act), and section 13050 of
the California Water Code;

(2) Low-level radioactive waste regulated under Chapter 7.6 (commencing with §
28500) of Division 20 of the Health and Safety Code or under Chapter 6.1
(commencing with § 25015) of Division 20 of the Health and Safety Code);

(3) Materials regulated under the Resource Conservation and Recovery Act, 42
U.S.C. Section 6901 et seq., as amended (including, but not limited to,
amendments thereto made by the Solid Waste Disposal Act Amendments of
1980), and related federal, State and local laws and regulations;

(4) Materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section
2601 et seq., as amended, and related federal State of California, and local laws
and regulations, including the California Toxic Substances Account Act, California
Health and Safety Code Section 25300 et seq.;

(5) Materials regulated under the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9601, et seq., as amended, and
regulations promulgated thereunder; or materials regulated under any future
amendments to or re-codification of these statutes or regulations promulgated
thereunder and any future additional or substitute federal, State or local laws

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-6

and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste.

(nn) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

(oo) “Household Hazardous Waste” means latex paint, batteries, oil filters, fluorescent lamps and tubes including compact fluorescent light bulbs (CFLs), motor oil and other petroleum- based products, cleaning supplies, fire extinguishers, mercury products including thermometers, thermostats, oil based paints, thinners, stains, fertilizers, pesticides, aerosols and antifreeze commonly used in residences.

(pp) “Inspection” means a site visit where the Town, the franchised hauler or other Designee reviews records, containers, and an entity’s collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this subchapter, or as otherwise defined in 14 CCR Section 18982(a)(35). “Inspection” for the purposes of Edible Food Recovery, “Inspection” means actions to review contracts and other records related to the recovery of Edible Food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of this subchapter.

(qq) “Large Event“ means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this subchapter.

(rr) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this subchapter and implementation of the SB 1383 Regulations, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this subchapter and implementation of the SB 1383 Regulations, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this sun.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-7

(ss) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).

(tt) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

(uu) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

(vv) “Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

(ww) “Nuisance” means anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing or disposal of Solid Waste.

(xx) “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

(yy) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

(zz) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). Printing, writing papers including, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

(aaa) “Permittee” means an individual, association, firm, organization or other business entity person which has a valid permit from the Town to collect Recyclables within the Town.

(bbb) “Prohibited Container Contaminants” means the following:

(1) discarded materials placed in the Blue Container that are not identified as
acceptable Source Separated Recyclable Materials for the Town’s Blue Container.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-8

(2) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Town’s Green Container.

(3) discarded materials placed in the Gray Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Green Container
Organic Wastes to be placed in Town’s Green Container and/or Blue Container;
and,

(4) Excluded Waste placed in any container.

(ccc) “Recovered Organic Waste Products” means products made from California, landfill- diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

(ddd) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

(eee) “Recyclable Materials” or “Recyclables” means Solid Waste which may be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of AB 939, as amended, including, without limitation: paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, metal, food and beverage containers, compostable materials (including food waste, yard waste and other organic materials); wood, brick and stone in reusable size and condition; and Construction and Demolition Debris.

(fff) “Recycle” or “Recycling” means the process of collecting, sorting, cleansing, treating, and/or reconstituting materials that would otherwise become Solid Wastes, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation, as defined in Public Resources Code section 40201.

(ggg) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

(hhh) “Refuse” means all putrescible and non-putrescible Solid Wastes (except body wastes), whether combustible or non-combustible, including garbage, rubbish, ashes, street cleanings, dead animals, and solid industrial wastes.

(iii) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to see contents of Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

(jjj) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-9

(kkk) “Responsible Person” means an individual, association, firm, organization or other business entity, whether or not said entity is operated for profit, determined by the Town to be qualified and capable of performing each and every obligation imposed by this subchapter.

(lll) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

(mmm) “Roll-off containers” or “pull-on containers” means any large detachable containers, eight cubic yards or more in capacity, employed in a system of materials handling in which the loaded container is pulled onto the service vehicle mechanically and transported to an approved site for emptying.

(nnn) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

(ooo) “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

(ppp) “SB 1383 Regulations” means the regulations developed by CalRecycle and contained within 14 CCR, Division 7, Chapter 12 and the amended portions of 14 CCR and 27 CCR.

(qqq) “Scavenge” means the act of removing Solid Waste, Recyclables, and/or Organic Waste from a can, bin, or other container into which the Solid Waste, Recyclables, and/or Organic Waste have been placed for collection by a Hauler. Removal by a Hauler shall not constitute scavenging.

(rrr) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste, or Recyclable Materials he or she has generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). For the purposes of Edible Food Recovery, “Self-Hauler” means a Commercial Edible Food Generator which holds a contract with and hauls Edible Food to a Food Recovery Organization or other site for redistribution according to the requirements of this subchapter.

(sss) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.

(ttt) “Solid Waste” means all putrescible and non-putrescible solid, semisolid, and liquid wastes, and all Recyclables and Organic Waste, including but not limited to garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-Solid Wastes, and other discarded solid and semi-solid Wastes, except that Solid Waste does not mean or include any of the following wastes:

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-10

(1) Hazardous waste, as defined in Public Resources Code, section 40141;

(2) Special waste, as defined in this subchapter;

(3) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code); and

(4) Medical waste regulated pursuant to the Medical Waste Management Act (Part
14 (commencing with Section 117600) of Division 104 of the Health and Safety
Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill,
as defined in Section 40195.1. Medical waste that has been treated and deemed
to be Solid Waste shall be regulated pursuant to this division.

(uuu) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for Recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the subchapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.

(vvv) “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste.

(www) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables.

(xxx) “Special Waste” means any waste matter which is a Hazardous Waste or which requires special handling or processing, including any of the following: flammable waste; waste transported in a bulk tanker; liquid waste; sewage sludge; waste from a septic system or other wastewater treatment or pollution control process; residue and debris from the cleanup of a spill or release of any chemical substance; any soil, waste, residue, debris or other material contaminated by any hazardous material or hazardous waste; dead animals; manure; explosive substances or substances or materials that have been exposed to highly infectious or contagious diseases.

(yyy) “State” means the State of California.

(zzz) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-11

(aaaa) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: Supermarket, Grocery Store with a total facility size equal to or greater than 10,000 square feet, Food Service Provider, Food Distributor or Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this subchapter.

(bbbb) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet, Hotel with an on-site Food Facility and 200 or more rooms, Health facility with an on-site Food Facility and 100 or more beds, Large Venue, Large Event or a State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet, or a Local Education Agency facility with an on-site Food Facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this subchapter.

(cccc) “Town” means the Town of Colma, California.

(dddd) “Town Enforcement Official” means the city manager or their Designee who is responsible for enforcing the subchapter, including a Regional or County Agency Enforcement Official.

(eeee) “Universal waste” means materials that are hazardous wastes and are generated by several sectors of society, rather than a single source or industry. Universal wastes are not to be disposed of in the trash but are to be properly recycled and or handled in accordance with laws regarding Universal Waste. Universal waste include batteries, cell phones, computers, computer monitors, fluorescent light bulbs, televisions, non-empty aerosol cans, items containing mercury, electronic devices, or any other material, device or item meeting the definitions of “universal waste” or “electronic device” in 22 CCR Sections 66273.9 or 66261.9, as they may be amended.

(ffff) “Vector” means any insect or other arthropod, rodent or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and well-being.

(gggg) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

[History: formerly § 3.102; ORD. 256, 1/14/81; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

The provisions of this subchapter shall be the minimum requirements for compliance with state Recycling and organic waste diversion mandates, and for protecting the, public health, safety, convenience and general welfare. Higher standards may be imposed by a franchise agreement

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-12

or a permit.

[History: New, ORD. 708, 5/9/12, ORD. 808, 10/27/21]

Except as expressly provided in this subchapter, it is unlawful for any person to collect, transport over any of the streets of the Town, or dispose of, any Solid Waste generated or accumulated in the Town of Colma, including Recyclables and Organic Waste, unless such person has entered into a franchise agreement with or has obtained a permit issued by the Town to collect and dispose of one or more types of Solid Waste, Recyclables, or Organic Waste.

[History: formerly § 3.05.050(a) and (b), and before that, § 3.405; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

It is unlawful to dump or place Solid Waste, including Recyclables, Organic Waste, Special Waste or Hazardous Waste materials on any lot, land, street, avenue, alley, creek or highway within the Town, except to the extent that a temporary accumulation of such materials is allowed in a particular place under the provisions of a permit issued by the Town.

[History: formerly § 3.05.040, and before that, § 3.404; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

(a) It is unlawful to keep, deposit, bury or dispose of any Solid Waste (including Recyclables and Organic Waste), Special Waste and Hazardous Waste materials in or upon any public property, street, alley, sidewalk, gutter, park or upon the banks of any stream or creek in the Town, or in or upon any of the waters thereof, except as provided in this subchapter, and every person in the Town who disposes of Solid Waste materials shall dispose of same only in the manner provided in this subchapter.

(b) It is unlawful to keep, deposit, bury or dispose of any Solid Waste (including Recyclables and Organic Waste), Special Waste and Hazardous Waste materials in or upon any private property without the permission of the owner or occupant of that property. Each person who disposes of Solid Waste materials on private property shall dispose of same only in the manner provided in this subchapter.

(c) It is unlawful to store Solid Waste in such a manner so as to promote the propagation, harborage, attraction of vectors, or the creation of a nuisance, or dispose of refuse except as provided in this subchapter.

(d) Each person owning, operating, occupying or in charge of any vacant or occupied premises, business establishment, industry or other property in the Town shall be responsible

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-13

for the safe and sanitary storage and disposal of Solid Waste (including Recyclables and Organic Waste), special waste and hazardous waste accumulated on the property.

[History: formerly 3.05.010, and before that, § 3.401; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

(a) Each person owning, operating, occupying or in charge of any occupied premises, business establishment, industry or other property in the Town shall subscribe to Solid Waste, Recyclables, an Organic Waste collection service provided by an Franchisee or Permittee in compliance with the provisions of this subchapter.

(b) Single-Family Organic Waste Generators shall subscribe to the Town’s Organic Waste collection services for all Organic Waste. Town or its Designee shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the Town or its Designee.

(c) Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall subscribe to Solid Waste, Recyclables, and Organic Waste collection service provided by an Franchisee or Permittee in compliance with the provisions of this subchapter, unless it receives a waiver under Section 3.05.130 or is otherwise exempt. Town or its Designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Town or their Designee.

(d) It is unlawful to arrange for Solid Waste, Recyclables, or Organic Waste collection services provided by any Franchisee or Permittee not holding a valid franchise or permit issued by the Town, whether such services are provided on an ongoing basis, as needed, or with any other frequency.

[History: formerly § 3.05.010, and before that, § 3.100; Ord. 277, 09/08/82; Ord. 638, 12/14/05; Ord. 658, 06/13/07; Ord. 708, 5/9/12, Ord. 808, 10/27/21]

The design of any new, substantially remodeled, or expanded building or other facility shall provide for the proper storage and collection of Solid Waste, Recyclables, and Organic Waste, and must be approved by the Building Official prior to commencement of construction.

[History: formerly § 3.05.030, and before that, § 3.403; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD 708, 5/9/12, ORD. 808, 10/27/21]

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-14

(a) Preparation of Solid Waste. All Solid Waste, including Recyclables and Organic Waste, shall be drained of free liquid before being deposited for collection.

(b) Unlawful Use.

(1) It is unlawful to use Solid Waste, Recycling, or Organic Waste containers
provided by a Franchisee or Permittee for any purpose other than to facilitate
collection by such Franchisee or Permittee.

(2) It is unlawful to use Solid Waste, Recycling, or Organic Waste containers
provided by the owner or occupant of property for any purpose other than to
facilitate collection of Solid Waste by the owner or occupant of the property or by
persons authorized by the owner or occupant to use such containers.

(c) Maintaining Solid Waste, Recycling, or Organic Waste Containers. It is the duty of each person subscribing to services for the collection and handling of Solid Waste, Recyclables, and Organic Waste to maintain receptacles in a reasonably safe and secure manner; and all such receptacles shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive.

(d) Containers. All Solid Waste, Recyclables, and Organic Waste containers for residents or businesses must be non-absorbent, water-tight, vector-resistant, durable, easily cleanable, and designed for safe handling. Containers should be of an adequate size and in sufficient numbers to contain, without overflowing, all the Solid Waste, Recyclables, and Organic Waste that a residence, business or other establishment generates within the designated removal period. Containers when filled shall not exceed weight limits established by the Hauler. Containers shall be maintained in a clean, safe, sound condition, free from putrescible residue, and may not have ragged or sharp edges, or have any other defect liable to hamper or injure any person collecting the contents thereof.

(e) Separation of Solid Waste from Recyclables and Organics. Generators shall separate Solid Wastes from Recyclables and Organic Waste and are to be placed in separate containers. Solid Waste shall not be commingled with Recyclables or Organic Waste, and Recyclables shall not be commingled with Organic Waste. Generators shall place designated materials in designated containers and shall not place Prohibited Container Contaminants in collection containers. Using the three-container Collection service (Blue Container, Green Container, and Gray Container), Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

(f) Points of Collection. Containers shall be placed for collection at ground level on the property, not within the right-of-way of a street or alley, and accessible to not more than forty feet from the side of the street or alley from which collection is made, provided that containers may be placed for collection at other than ground level and at a distance of more than forty feet when an additional payment for the extra service is agreed upon with the operator.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-15

Notwithstanding the provisions of this subsection, Containers used in automated collection service may be placed in a street or alley as directed by the Hauler.

(g) Additional Requirements for Commercial Businesses. Commercial Businesses (including Multi-Family Residential Dwellings) shall:

(1) Supply and allow access to adequate number, size, and location of Town’s Blue
Container, Green Container, and Gray Container collection containers with
sufficient labels that include language and or graphic images showing the
materials accepted, and materials that are prohibited in that Container.
(conforming with Sections 3.05.090(g)(3)(A) and 3.05.090(g)(3)(B) below) for
employees, contractors, tenants, and customers, consistent with Town’s Blue
Container, Green Container, and Gray Container collection service.

(2) Provide containers for collection of Source Separated Green Container Organic
Waste and Source Separated Recyclable Materials in all indoor and outdoor areas
where disposal containers are provided for customers, for materials generated by
that business (excludes Multi-Family Residential Dwellings). If a Commercial
Business does not generate any of the materials that would be collected in one
type of container, then the business does not have to provide that container in
all areas where disposal containers are provided for customers.

(3) Pursuant to 14 CCR Section 18984.9(b), these Containers provided by the
business shall have either:

(A) A body or lid that is color compliant: Green for Source Separated Organic Waste including Food Waste; Blue for Source Separated Recyclable Materials, Gray for non-Organic Waste and non-Recyclable Waste. A Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(B) Container labels that include language and or graphic images showing the
materials accepted, and the materials that are prohibited in that Container and or
Containers with imprinted text or graphic images that indicate the materials
accepted and materials prohibited in the container. Pursuant 14 CCR Section
18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.

(4) Through education, training, Inspection, and/or other measures to the extent
possible (excluding Multi-Family Residential Dwellings), prohibit employees from
placing materials in a Container not designated for those materials per the
Town’s Blue Container, Green Container, and Gray Container collection service.

(5) Periodically inspect Blue Containers, Green Containers, and Gray Containers for
contamination and inform employees if containers are contaminated and of the
requirements to keep Contaminants out of those containers pursuant to 14 CCR
Section 18984.9(b)(3) (excluding Multi-Family Residential Dwellings).

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-16

(6) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

(7) Provide education information before or within fourteen (14) days of occupation
of the premises to new tenants that describes requirements to keep Source
Separated Green Container Organic Waste and Source Separated Recyclable
Materials separate from Gray Container Waste (when applicable) and the location
of containers and the rules governing their use at each property.

(8) Provide access for Town or its Designee to their properties during all Inspections
conducted in accordance with Section 3.05.330 to confirm compliance with the
requirements of this subchapter.

(9) Cooperate with Town’s or its Designee’s Inspection of the contents of containers
for Prohibited Container Contaminants.

(10) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

(11) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to Section
3.05.190.

[History: formerly § 3.05.060, and before that § 3.406; Ord. 277, 09/08/82; Ord. 638,
12/14/05; ORD. 658, 06/13/07; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

No person, other than the owner or occupant of premises generating the Solid Waste, Recyclables, and Organic Waste that has been placed for collection in a container, or an employee or agent of the Franchisee or Permittee, shall tamper with any Container or remove or scavenge its contents. Among other things, this section prohibits the scavenging of Recyclable Materials from any Container in which they have been placed for collection, but shall not be deemed to prohibit the generator of Recyclable Materials from selling or donating such materials to a buyer or donee other than a Hauler.

[History: formerly 3.05.100; Ord. 658, 06/13/07; ORD 708, 5/9/12, ORD. 808, 10/27/21]

(a) Contagious Disease Refuse. The removal of clothing, bedding or other Refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the County Health Officer. Such Refuse shall not be placed in Containers for regular Collection.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-17

(b) Inflammable or Explosive Refuse. Highly inflammable or explosive material shall not be placed in containers for regular collection or refuse, but shall be disposed of as directed by the Colma Fire District Chief at the expense of the owner or processor thereof.

(c) Special Waste and Universal Waste. Notwithstanding any other provision of this subchapter, it shall be unlawful for any person, firm or corporation to dispose of, discard or place any Special Waste or universal waste in any receptacle or container placed and intended for Collection and disposal by a Hauler, unless otherwise authorized by the Hauler. All Special Waste and universal waste shall be disposed of in compliance with applicable state laws and regulations.

[History: formerly § 3.05.070, and before that, § 3.407; Ord. 277, 09/08/82; Ord. 638, 12/14/05; Ord. 658, 06/13/07; Ord. 682, 10/14/09; Ord. 708, 5/9/12, Ord. 808, 10/27/21]

(a) No person owning, operating, occupying, or in charge of any premises, business establishment, industry or other property, vacant or occupied, in the Town shall permit, allow or suffer any garbage to be, remain, or accumulate on any such premises for any period longer than one week.

(b) Each person engaged in selling or furnishing food or drink to members of the public, whether as a primary business or incidental to another business, such as but not limited to bars, soda fountains, restaurants, and theaters, shall remove, or cause to be removed, all garbage accumulated in connection therewith as often as necessary as directed by the County Health Officer, but not less than one time each week.

[History: formerly § 3.05.020, and before that, § 3.402; Ord. 277, 09/08/82; Ord. 638, 12/14/05; Ord. 658, 06/13/07; Ord. 708, 5/9/12, Ord. 808, 10/27/21]

(a) De Minimis Waivers. The Town may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all the Organic Waste requirements of this subchapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 3.05.130(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:

(1) Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted in Section 3.05.130(a)(2) below.

(2) Provide documentation that either:

(A) The Commercial Business’ total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Green
Container comprises less than 20 gallons per week per applicable container of
the business’ total waste; or,

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-18

(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

(3) Notify Town if circumstances change such that Commercial Business’s Organic
Waste exceeds threshold required for waiver, in which case waiver will be
rescinded.

(4) Provide written verification of eligibility for de minimis waiver every 5 years if
Town has approved de minimis waiver.

(b) Physical Space Waivers. The Town may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or Organic Waste collection service requirements if the Town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection Containers required for compliance with the Organic Waste collection requirements.

A Commercial Business or property owner may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.

(2) Provide documentation that the premises lacks adequate space for Blue
Containers and/or Green Containers including documentation from its hauler,
licensed architect, or licensed engineer.

(3) Provide written verification to Town that it is still eligible for physical space
waiver every five years if Town has approved application for a physical space
waiver.

[History: New, Ord. 708, 5/9/12, Ord. 808, 10/27/21]

[Reference: Pub. Res. Code § 42649.2]

Division2:RecyclingandOrganicWasteCollection

(a) Each owner or operator of a Commercial Business shall arrange for Recycling and from a Franchisee or Permittee. Each owner or operator of a Commercial Business shall arrange for Organic Waste Collection from a Franchisee. Each owner or operator of a Commercial Business shall Source-separate Recyclable Materials and Organic Waste from Solid Waste and subscribe to Recycling and Organic Waste Collection services that includes collection, self-haul, or make other arrangements for the pick-up of Recyclable Materials or Organic Waste; or

(b) A property owner of a Multi-Family Residential Dwelling may require tenants to source separate their Recyclable Materials and Organic Waste to aid in compliance with this section. Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-19

[History: New, Ord. 708, 5/9/12, Ord 808, 10/27/21]

(a) Containers containing Recyclable Materials for residential units shall be placed at curbside for collection by the Franchisee or Permittee, and Containers containing Organic Waste for residential units shall be placed at curbside for Collection by the Franchisee, but Containers shall not be placed at curbside earlier than twelve hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve hours following the date and time for scheduled Collection.

(b) Containers containing Recyclable Materials for a Multi-Residential Dwelling, Commercial and/or institutional locations shall be of a size and serviceability agreed to by the Franchisee or Permittee and thereafter placed at the designated collection location. Containers containing Organic Waste for a Multi-Residential Dwelling, Commercial and/or institutional locations shall be of a size and serviceability agreed to by the Franchisee and thereafter placed at the designated Collection location.

(c) From the time of placement of Recyclable Materials at a designated location for collection of Recyclable Materials, or in any Container used for Recycling provided by a Franchisee or Permittee, those Recyclable Materials shall be and become the property of the Franchisee or Permittee. From the time of placement of Organic Waste at a designated location for collection of Organic Waste, or in any Container used for Organic Waste collection provided by a Franchisee, that Organic Waste shall be and become the property of the Franchisee.

[History: New, Ord. 708, 5/9/12, Ord. 808, 10/27/21]

Prohibited.

(a) It is unlawful for any person, business or other entity to Collect Recyclable Materials or Organic Waste in the Town, except as otherwise provided in this subchapter.

(b) Any person engaged in the unauthorized Collection of Recyclable Materials or Organic Waste is guilty of an infraction. Any such unauthorized collections from one or more locations within the Town shall constitute a separate and distinct offense.

(c) As an alternative to criminal enforcement, both the Town and the Franchisee or Permittee have the independent authority to civilly enforce any provisions of this subchapter, to and including the authority to seek treble damages pursuant to California Government Code Section 66764. The City Manager may invoke these remedies, or any of them, whenever he or she deems it appropriate.

[History: New, Ord. 708, 5/9/12, Ord. 808, 10/27/21]

(a) Each person subscribing to Recycling collection service shall, to the greatest extent practical, make use of the Recyclable Materials collection service provided by the Franchisee or

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-20

Permittee, by separating Recyclable Materials from Refuse and Organic Waste and placing the Recyclable Materials in the container provided by the Franchisee or Permittee for this purpose.

(b) Each person subscribing to Organic Waste collection service shall, to the greatest extent practical, make use of the Organic Waste collection service provided by the Franchisee, by separating Organic Waste from Refuse and Recyclable Materials and placing the Organic Waste in the Container provided by the Franchisee for this purpose.

(c) Recyclable Materials for donation, sale, or collection by or to any person or entity, other than a Franchisee or Permittee, may not be stored or transferred by use of the Recycling Containers described in this subchapter, or any other containers used for Recycling provided by the Franchisee or Permittee. Storage of Recyclable Materials at the designated collection location other than for pickup by the Franchisee or Permittee as defined herein, is prohibited.

[History: formerly 3.05.010(f), and before that, § 3.401; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

Nothing in this subchapter shall prohibit the generator of Recyclable Materials or Organic Waste from selling or donating such materials to a buyer or donee, provided that, if the Town has awarded an exclusive franchise for the collection and disposal of Solid Waste, Recyclables, or Organic Waste, a generator may not pay any other person other than a Franchisee for collecting, Recycling, or disposing of Recyclables or Organic Waste.

[History: formerly § 3.05.050(a), and before that, § 3.405; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

Division3:EdibleFoodRecovery

(a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

(c) Tier One and Tier Two Commercial Edible Food Generators shall comply with the following requirements:

(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.

(2) Use the CalRecycle Model Food Recovery Agreement or the contractual elements
contained in the Requirements for Food Recovery Organizations and Food

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-21

Recovery Services section of this subchapter to contract with, or otherwise enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:

(A) the collection of Edible Food for Edible Food Recovery from the Tier One
or Tier Two Commercial Edible Food Generator’s premises; or,

(B) the acceptance of Edible Food that the Tier One or Tier Two Commercial
Edible Food Generator self-hauls to the Food Recovery Organization.

(3) Contract with Food Recovery Organizations and Food Recovery Services able to
demonstrate a positive reduction in greenhouse gas emissions from their Edible
Food Recovery activity. A list of Food Recovery Organizations and Food Recovery
Services is available on the County of San Mateo Office of Sustainability website.

(4) Shall not intentionally spoil Edible Food that is capable of being recovered by a
Food Recovery Organization or a Food Recovery Service.

(5) Allow Town’s enforcement entity or its Designee for Edible Food Recovery to
access the premises and inspect procedures and review records related to Edible
Food Recovery and/or provide them electronically if requested by the Town or
the Designee for Edible Food Recovery.

(6) Keep records that include the following information:

(A) A list of each Food Recovery Organization or a Food Recovery Service
that collects or receives Edible Food from the Tier One or Tier Two Commercial
Edible Food Generator pursuant to a contract or written agreement as required
by this subchapter.

(B) A copy of all contracts or written agreements established under the
provisions of this subchapter.

(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

(i) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.

(ii) The types of food that will be collected by or self-hauled to the
Food Recovery Service or Food Recovery Organization.

(iii) The established schedule or frequency that food will be collected
or self-hauled.

(iv) The quantity of food, measured in pounds recovered per month,
collected or self-hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-22

(7) No later than June 30th of each year commencing no later than July 1, 2022 for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier Two Commercial Edible Food Generators, they shall provide an annual Edible Food Recovery report to the Designee for Edible Food Recovery that includes, but is not limited to, the following information: a list of all contracts with Food Recovery Organizations and Food Recovery Services, the amount and type of Edible Food donated to Food Recovery Organizations and Food Recovery Services, the schedule of Edible Food pickup by Food Recovery Organizations and Food Recovery Services, a list of all types of Edible Food categories they generate, such as “baked goods,” that are not accepted by the Food Recovery Organizations and Food Recovery Services with whom they contract, the contact information for the manager and all staff responsible for Edible Food Recovery, and certification that all staff responsible for Edible Food Recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. Except for the food safety and handling training certification, Tier One and Tier Two Commercial Edible Food Generators may coordinate with their Edible Food Recovery contractors to supply this information. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website.

(8) Mandate their Edible Food Recovery staff learn and follow the donation
guidelines and attend trainings conducted by Food Recovery Organizations or
Food Recovery Services with which they contract regarding best practices and
requirements for the timely identification, selection, preparation, and storage of
Edible Food to ensure the maximum amount of Edible Food is recovered and to
avoid supplying food for collection that is moldy, has been improperly stored, or
is otherwise unfit for human consumption.

(9) Tier One and Tier Two Commercial Edible Food Generators who self-haul Edible
Food shall require those transporting Edible Food for recovery to obtain a food
handler card through an American National Standards Institute (ANSI) accredited
training provider that meets ASTM International E2659-09 Standard Practice for
Certificate Programs, such as ServSafe and follow the best practices and
standards for proper temperature control, methods, and procedures for the safe
handling and transport of food.

(d) Nothing in this subchapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017), as amended from time to time.

[History: formerly § 3.05.050(b), and before that, § 3.405; Ord. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-23

(a) Food Recovery Services operating in the Town and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this subchapter, shall maintain the following records:

(1) The name, address, and contact information for each Tier One and Tier Two
Commercial Edible Food Generator from which the service collects Edible Food.

(2) The quantity in pounds of Edible Food by type collected from each Tier One and
Tier Two Commercial Edible Food Generator per month.

(3) The quantity in pounds of Edible Food by type transported to each Food
Recovery Organization or redistribution site per month.

(4) The name, address, and contact information for each Food Recovery
Organization or redistribution site that the Food Recovery Service transports
Edible Food to for Edible Food Recovery.

(b) Food Recovery Organizations operating in the Town and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this subchapter, or receiving Edible Food from Food Recovery Services or from other Food Recovery Organizations, shall maintain the following records:

(1) The name, address, and contact information for each Tier One and Tier Two
Commercial Edible Food Generator, Food Recovery Service, or other Food
Recovery Organization from which the organization collects or receives Edible
Food.

(2) The quantity in pounds of Edible Food by type collected or received from each
Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Service,
or other Food Recovery Organization per month.

(3) The name, address, and contact information for other Food Recovery
Organizations or redistribution sites that the Food Recovery Organization
transports Edible Food to for Edible Food Recovery.

(c) Food Recovery Organizations and Food Recovery Services operating in the Town shall inform Tier One and Tier Two Commercial Edible Food Generators from which they collect or receive Edible Food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this subchapter.

(d) Commencing no later than July 1, 2022, Food Recovery Organizations and Food Recovery Services operating in the Town and collecting or receiving Edible Food from Tier One and Tier Two Commercial Edible Food Generators or any other source shall report to the Designee for Edible Food Recovery the following: a detailed Edible Food activity report of the

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-24

information collected as required under this subchapter, including weight in pounds by type and source of Edible Food, the schedule/frequency of pickups/drop-offs of Edible Food from/to each Edible Food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support Edible Food Recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of Tier One and Tier Two Commercial Edible Food Generators with whom they have contracts or agreements established as required under this subchapter. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website. This Edible Food activity report shall be submitted quarterly, or at the discretion of the Designee for Edible Food Recovery, less frequently, and shall cover the activity that occurred since the period of the last submission.

(e) Food Recovery Organizations and Food Recovery Services operating in the Town shall contact the Designee for Edible Food Recovery to discuss the requirements of this subchapter before establishing new contracts or agreements with Tier One or Tier Two Commercial Edible Food Generators and to maintain existing contracts or agreements for the recovery of Edible Food with Tier One and Tier Two Commercial Edible Food Generators.

(f) In order to provide the required records to the State, the Town, or the Designee for Edible Food Recovery, and Tier One or Tier Two Commercial Edible Food Generators, contracts between Food Recovery Organizations and Food Recovery Services operating in the Town and Tier One and Tier Two Commercial Edible Food Generators shall either:

(1) Use the CalRecycle Model Food Recovery Agreement and include a clause
requiring the Food Recovery Organization or Food Recovery Service to report to
the Tier One and Tier Two Commercial Edible Food Generators with whom they
have contracts the annual amount of Edible Food recovered and to inform them
of the tax benefits available to those who donate Edible Food to non-profits; or

(2) Include in their contracts the following elements:

(A) List/description of allowable foods the Food Recovery Organization/Food
Recovery Service will receive.

(B) List/description of foods not accepted by the Food Recovery
Organization/Food Recovery Service.

(C) Conditions for refusal of food.

(D) Food safety requirements, training, and protocols.

(E) Transportation and storage requirements and training.

(F) A protocol for informing the Tier One or Tier Two Commercial Edible Food
Generators of a missed or delayed pickup.

(G) Notice that donation dumping is prohibited.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-25

(H) Provisions to collect sufficient information to meet the record-keeping requirements of this subchapter.

(I) Fees/financial contributions/acknowledgement of terms for the pickup
and redistribution of Edible Food.

(J) Terms and conditions consistent with the CalRecycle Model Food
Recovery Agreement.

(K) Information supplying the Tier One or Tier Two Commercial Edible Food
Generators with the annual amount of Edible Food recovered and informing them
of the tax benefits that may be available to those who donate Edible Food to
non-profits.

(L) Contact name, address, phone number, and email for both responsible
parties, including the current on-site staff responsible for Edible Food Recovery.

(M) Food Recovery Organizations accepting self-hauling of Edible Food from
Tier One and Tier Two Commercial Edible Food Generators must provide a
schedule, including days of the week and acceptable times for drop-offs, and
information about any limitation on the amount of food accepted, and/or the
packaging requirements or other conditions of transport, such as, but not limited
to, maintaining proper temperature control, and other requirements for the safe
handling and transport of food, the self-hauler must follow for the Edible Food to
be accepted.

(g) Food Recovery Organizations and Food Recovery Services operating in the Town shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of Edible Food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.

(h) Food Recovery Organizations and Food Recovery Services operating in the Town shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of Edible Food recovered from Tier One and Tier Two Commercial Edible Food Generators for the duration of the transportation of the Edible Food for redistribution, including Edible Food transported by private vehicles.

(i) In order to ensure recovered Edible Food is eaten and to prevent donation dumping, Food Recovery Organizations and Food Recovery Services operating in the Town shall provide documentation that all redistribution sites which are not themselves Food Recovery Organizations to which they deliver Edible Food have a feeding or redistribution program in place to distribute, within a reasonable time, all the Edible Food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.

(j) Food Recovery Organizations and Food Recovery Services operating in the Town unable to demonstrate a positive reduction in GHG emissions for their Edible Food Recovery

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-26

operational model cannot contract with Tier One and Tier Two Commercial Edible Food Generators in the Town for the purpose of recovering Edible Food as defined in this subchapter. Food Recovery Organizations and Food Recovery Services contracting to recover Edible Food from a Tier One and Tier Two Commercial Edible Food Generator for redistribution shall consult with the Town’s Designee for Edible Food Recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.

(k) Food Recovery Organizations and Food Recovery Services operating in the Town shall visually inspect all Edible Food recovered or received from a Tier One and Tier Two Commercial Edible Food Generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, Food Recovery Organizations and Food Recovery Services shall immediately notify the Designee for Edible Food Recovery using the process found on the County of San Mateo Office of Sustainability’s website. The notice shall include:

(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution
for human consumption, or provide a photographic record of the food, or both.

(2) The date and time such food was identified.

(3) The name, address and contact information for the Tier One or Tier Two
Commercial Edible Food Generator which provided the food.

(4) The date and time the food was picked up or received.

(5) A brief explanation of why the food was rejected or refused.

(A) Contracts between Tier One or Tier Two Commercial Edible Food Generators and Food Recovery Organizations or Food Recovery Services shall not include any language prohibiting Tier One or Tier Two Commercial Edible Food Generators from contracting or holding agreements with multiple Food Recovery Organizations or Food Recovery Services listed on the County of San Mateo Office of Sustainability website.

(l) Food Recovery Organizations and Food Recovery Services operating in the Town shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to Tier One and Tier Two Commercial Edible Food Generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of Edible Food to ensure the maximum amount of Edible Food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption.

(m) Edible Food Recovery Capacity Planning

(1) Food Recovery Services and Food Recovery Organizations. To support Edible
Food Recovery capacity planning assessments or other such studies, Food
Recovery Services and Food Recovery Organizations operating in the Town shall

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-27

provide information and consultation to the Town and its Designee for Edible Food Recovery upon request, regarding existing, or proposed new or expanded, Edible Food Recovery capacity that could be accessed by the Town and its Tier One and Tier Two Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town, or its Designee for Edible Food Recovery shall respond to such requests for information within 60 days.

(n) Allow Town’s enforcement entity or their Designee for Edible Food Recovery to access the premises and inspect procedures and review records related to Edible Food Recovery and/or provide them electronically if requested by the Town or the Designee for Edible Food Recovery.

[History: New, Ord. 708, 5/9/12, Ord. 808, 10/27/21]

Division4:RegulationofFranchiseesandPermittees,andCollectionPractices

The City Council may, with or without having invited bids therefor, enter into an exclusive contract with any Responsible Person to collect and handle any or all Solid Waste, including Recyclables and Organic Waste, within the Town. The Franchisee with whom the Town has entered into an exclusive franchise agreement shall have the exclusive right to collect, convey, and transport Solid Waste, including Recyclables and Organic Waste, in, along, or over the public streets, alleys, and highways in the Town, or to designated properties or areas in the Town, for so long as the Franchisee is not in material breach of any term of the franchise agreement. A Franchisee with a franchise agreement shall pay the Town the franchise fee required under the franchise agreement; no permit fee shall be required of such Franchisee.

The Franchisee shall, through written notice to the Town annually on or before October 1st identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

Franchisees, Facility Operators and Community Composting Operations. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the Town’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Town, or their Designee shall respond within 60 days. Community Composting operators, upon the Town’s request, shall provide information to the Town to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Town shall respond within 60 days.

[History: formerly § 3.05.050(c) and before that, § 3.405; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-28

Upon finding that it is in the best interests of the Town to do so, the City Council may grant a permit, good for one year, to any Responsible Person to collect and handle any or all Solid Waste from such properties or areas in the Town that are not eligible for service by a Franchisee operating under an exclusive franchise agreement, and to convey, and transport such Solid Waste in, along, or over the public streets, alleys, and highways in the Town. The City Council may renew the permit each year if the permittee is not in material default of any provisions in its existing permit and renewal is in the best interests of the Town. The permittee shall pay the Town an annual permit fee set forth in the Master Fee Schedule.

[History: New, Ord. 708, 5/9/12, Ord. 808, 10/27/21]

Upon finding that it is in the best interests of the Town to do so, the City Council may grant a permit, good for one year, to any Responsible Person to provide collect Recyclables only from any properties or areas in the Town, and to convey, and transport such Recyclables in, along, or over the public streets, alleys, and highways in the Town. Thereafter, the City Manager may renew the permit each year if the Permittee is not in material default of any provisions in its existing permit and renewal is in the best interests of the Town. A denial of a request to renew a Permit to Collect Recyclables may be appealed to the City Council in accordance with Colma Municipal Code section 1.02.270. The Permittee shall pay the Town an annual permit fee set forth in the Master Fee Schedule.

[History: formerly § 3.05.050(f) and before that, § 3.405; Ord. 277, 09/08/82; Ord. 638, 12/14/05; Ord. 658, 06/13/07; Ord. 682, 10/14/09; Ord. 708, 5/9/12, Ord. 808, 10/27/21]

(a) Nothing in this subchapter shall affect the continuation rights granted by section 49520 of the California Public Resources Code to any Franchisee or Permittee, provided that the Franchisee or Permittee shall have paid all required fees and is not in material breach of any term of the permit or franchise under which the Franchisee or Permittee is operating. Any Franchisee or Permittee claiming continuation rights shall be responsible for demonstrating to the Town how those rights have been acquired, and shall provide to the Town a list of that Hauler’s customers as of the date upon which continuation rights are first claimed.

(b) To the extent that a Hauler is operating under continuation rights granted by section 49520 of the California Public Resources Code, and the Town gave such Hauler notice of termination of continuation rights prior to November 9, 2010, such Hauler may not commence service to any new customers from and after the effective date of any new Solid Waste, Recyclables or Organic Waste collection franchise granted by the Town.

[History: formerly § 3.05.050(a) and (b), and before that, § 3.405; ORD. 277, 09/08/82; ORD. 638, 12/14/05; ORD. 658, 06/13/07; ORD. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-29

An approved E-Waste Recycler or Hauler may, without obtaining a permit, collect E-waste, including computers, televisions, copiers, fax machines, stereos and VCRs, that has been left at either the curbside in a marked container or a drop-off site, provided that such Recycler or Hauler has provided to the City Clerk its Covered Electronic Waste Identification (CEWID) number prior to collection of any E-waste.

[History: formerly 3.05.090; ORD. 658, 06/13/07; ORD. 708, 5/9/12, ORD. 808, 10/27/21]

(a) Nothing in this subchapter shall prohibit a self-hauler from personally collecting, conveying, Recycling, processing or disposing of such Solid Waste, Recyclables or Organic Waste without obtaining the permit required herein, provided that the self-hauler complies with other provisions of this subchapter and any other applicable law.

(b) Nothing herein contained shall prevent any person, business or other entity from allowing Recyclable Materials or Organic Waste to be picked up, dropped off, or otherwise donated to any Charitable Entity or community composting facility.

(c) Nothing herein contained shall inhibit, regulate or restrict any Recycling center, nonprofit drop-off program or Recycling processor as permitted by the Solid Waste Management Resource and Recovery Act of 1972 or the California Beverage Container Recycling and Litter Reduction Act of 1986.

(d) Nothing herein shall prohibit a contractor from Recycling, re-using, or disposing of demolition and construction debris, provided that such contractor shall comply with all Town diversion, recordkeeping and reporting requirements set forth in this subchapter.

[History: formerly § 3.05.080, and before that, § 3.408; Ord. 277, 09/08/82; Ord. 638, 12/14/05; Ord. 658, 06/13/07; Ord. 708, 5/9/12, Ord. 808, 10/27/21]

(a) A Franchise agreement or permit shall be in writing, naming the holder of the franchise or permit, and shall include such terms and conditions as the City Council shall establish to further the purposes of this subchapter, which may include but are not limited to:

(1) Requirements pertaining to the manner, time and frequency of collection;

(2) Requirements pertaining to collecting and handling Recyclable Materials or
Organic Waste;

(3) Indemnification and insurance provisions satisfactory to the Town;

(4) Provisions requiring the Franchisee or Permittee to provide requested Solid
Waste, Recycling, and Organic Waste diversion reports to the Town, cooperate
with the city in reporting requirements, Solid Waste generation studies and the
preparation of waste stream and container contamination audits, and to

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-30

implement measures to reach the Recycling and organic waste diversion targets mandated by the Waste Management Act (California Public Resources Code Section 40000 et seq.), SB 1016, AB 341, AB 1826, and SB 1383, and their implementing regulations, as they may be amended from time to time; and

(5) Reporting Requirements, as more fully described elsewhere in this subchapter.

[History: formerly § 3.05.050(e) and before that, § 3.405; Ord. 277, 09/08/82; Ord.
638, 12/14/05; Ord. 658, 06/13/07; Ord. 682, 10/14/09; ORD. 708, 5/9/12, ORD. 808,
10/27/21]

(a) Each Franchisee shall prepare the following reports and submit them to the City Manager within 45 days after the close of the reporting period:

(1) A monthly Service Complaints Report containing all complaints by residents or
businesses in the Town of Colma relating to service, including missed pickups,
and a description of how each complaint was handled.

(2) A biannual AB 341/SB 1383 Report on the implementation and monitoring of the
legislation referenced in Section 3.05.270(a)(4), which shall include information
about the:

(A) The number of businesses subject to AB 341 and the SB 1383
Regulations, modifications to service compared to the prior reporting period, and
the related disposal and Recycling generated from each account and each
account’s address.

(B) Information about the businesses that are out of compliance with AB 341
and the SB 1383 Regulations and the legislation referenced in Section
3.05.270(a)(4).

(3) A quarterly Recycling and Disposal - by Sector - Report, which shall include the
amount of disposed Solid Waste, Recycled Materials, and Organic Waste from
each of the three sectors: commercial, residential, and debris box service, the
Recycling and Organic Waste Recycling rate for the commercial, residential
sectors and debris box service and the total Recycling rate for the Town.

(4) An annual Recycling and Disposal by Sector-Cumulative Annual Report that
includes the residential, commercial and roll-off/debris box disposed and diverted
amounts in a year-to-year comparison.

(5) An annual Household Hazardous Waste Report to be sent to the Town prior to
August 30 if each year that details the amount and type of Household Hazardous
Waste that was collected in the Town.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-31

(b) Each Hauler (and if applicable, the Permittee, as it relates to Organic Waste) shall prepare the following reports and submit them to the City Manager within 45 days after the close of the reporting period:

(1) A monthly Service Complaints Report containing all complaints by residents or
businesses in the Town relating to service, including missed pickups, and a
description of how each complaint was handled.

(2) A quarterly Recyclable Materials Report, which shall be submitted by the Hauler
45 days after the close of the reporting period, and which shall state for the
reporting period:

(A) Each location name and address serviced by Hauler, and the monthly
Solid Waste, Recycling and Organic Waste subscription level for each customer;

(B) Type and quantity of Recyclable Materials collected monthly, e.g., cardboard, paper, beverage containers, mixed Recyclables, wood waste and scrap metal, collected;

(C) Type and quantity of Organic Waste collected monthly, e.g., green waste,
food waste, and paper, collected;

(D) The name of the Material Recovery Facility, authorized Recycling facility,
or authorized processing facility where the Recyclable Materials and Organic
Waste were delivered and processed; and

(E) Colma Permit number (if applicable), address, phone number, contact
person, email of Hauler.

[History: New, Ord. 708, 5/9/12, Ord. 808, 10/27/21]

(a) Collection of Solid Waste. No person may convey Solid Waste, including Recyclables and Organic Waste, over the streets of the Town except in equipment that is water-tight, vector- resistant, durable, easily cleanable and designed for safe hauling, and so operated as to prevent offensive odors escaping there from and garbage from being blown, dropped or spilled.

(b) Hauler vehicles. No Hauler shall collect, convey over the streets and alleys of the Town, dispose of any refuse except in equipment that is water-tight, vector-resistant, durable, easily cleanable and designed for safe hauling, and so operated as to prevent offensive odors escaping there from and garbage from being blown, dropped or spilled.

(c) Disposal. Disposal of Solid Waste, Recyclables and Organic Waste shall be made outside the Town limits, at a transfer station or disposal facility that is operating in compliance with all applicable laws and holds all permits and other authorizations required for its operations.

(d) Equipment Safety. Vehicles and equipment used in the transport of Solid Waste, Recyclables, and Organic Waste shall be constructed and maintained in such a manner to minimize the health and safety hazards to collection personnel and the public. Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-32

(e) Equipment Parking. For reasons of nuisance and vector problems, uncleaned Solid Waste collection vehicles containing putrescible material shall not be stored on public streets or roads except under emergency conditions. The Hauler must designate a location where the vehicles will be parked when not in service.

(f) Identification of Hauler. Each vehicle used for the collection and transport of Solid Waste, Recyclables, and Organic Waste shall be clearly marked with the name of the agency or firm operating the vehicle.

(g) Time of Collection. No person shall remove any Solid Waste, Recyclables, or Organic Waste between the hours of 5:00 p.m. and 2:30 a.m. the following date. A Hauler shall provide regular collection service, in compliance with any schedule established by the franchise between the Hauler and the Town, or permit issued by the Town, and the requirements of this subchapter.

[History: New, Ord. 708, 5/9/12, Ord. 808, 10/27/21]

(a) Solid Waste other than Recyclables or Organic Waste may only be delivered to a licensed landfill site or licensed transfer station for disposal.

(b) Recyclable Materials may only be delivered, after having been separated from other Solid Wastes, to a material recovery facility (MRF) or other authorized Recyclable collection facility.

(c) Organic Waste may only be delivered to an approved composting facility or a facility that allows diversion credit for the delivered organics materials.

(d) Construction and Demolition Debris may only be delivered to certified construction and demolition Recycling facility or other authorized collection site. The Town’s Construction and Demolition ordinance reporting requirements for projects in Colma remain in full effect and the reporting requirements in the subchapter are not modified.

[History: formerly § 3.05.110, and before that, § 3.411; Ord. 277, 09/08/82; Ord. 638, 12/14/05; Ord. 658, 06/13/07; Ord. 708, 5/9/12, Ord. 808, 10/27/21]

The City Council may modify or revoke a franchise or permit to collect Solid Waste, Recyclables, or Organic Waste for failure to comply with any provision of this subchapter.

[History: formerly § 3.05.120, and before that, § 3.412; Ord. 277, 09/08/82; Ord. 638, 12/14/05; Ord. 658, 06/13/07; Ord. 708, 5/9/12, Ord. 808, 10/27/21]

Nothing in this subchapter shall modify, limit, or abrogate in any manner any franchise or permit previously granted or extended by the Town, or the existing right of a person or business to sell or donate its Recyclable Materials or Organic Waste. Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-33

[History: Ord. 808, 10/27/21]

Division5:InspectionsandEnforcement

(a) Town representatives and/or Designee, including the Designee for Edible Food Recovery are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this subchapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Tier One and Tier Two Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Town to enter the interior of a private residential property for Inspection. Town may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring.

(b) Regulated entity shall provide or arrange for access during all Inspections (except for residential property interiors) and shall cooperate with the Town’s employee, Designee or Designee for Edible Food Recovery during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this subchapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this subchapter and may result in penalties described.

(c) Town or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this subchapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

(d) The regulated entity shall provide or arrange for access during all Inspections (except for residential property interiors) and shall cooperate with the Town’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this subchapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; access to records for any Inspection or investigation is a violation of this subchapter and may result in penalties described.

(e) Any records obtained by the Town, or its Designee during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-34

(f) Town or its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this subchapter, subject to applicable laws.

(g) Town or its Designee shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

(a) Violation of any provision of this subchapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Town Enforcement Official, Designee for Edible Food Recovery, or representative. Enforcement Actions under this subchapter are issuance of an administrative citation and assessment of a fine. The Town’s procedures on imposition of administrative fines under Section 2.01.160 et seq. shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this subchapter and any rule or regulation adopted pursuant to this subchapter, except as otherwise indicated in this subchapter.

(b) Responsible Entity for Enforcement.

(1) Enforcement pursuant to this subchapter may be undertaken by the Town
Enforcement Official, which may be the city manager or their designated entity
or combination thereof.

(2) Enforcement may also be undertaken by a Regional or County Agency
Enforcement Official, Town’s franchised Hauler, or other Designee in consultation
with Town Enforcement Official.

(A) Town Enforcement Official, Regional or County Agency Enforcement
Official will interpret subchapter; determine the applicability of waivers, if
violation(s) have occurred; implement Enforcement Actions; and, determine if
compliance standards are met.

(B) Town Enforcement Official(s), Regional Agency Enforcement Official, or
Designee for Edible Food Recovery may issue Notices of Violation(s).

(c) Process for Enforcement.

(1) Town Enforcement Official, the Town’s franchised Hauler or Regional or County
Enforcement Officials and/or Town’s Designee for Edible Food Recovery will
monitor compliance with the subchapter randomly and through Compliance
Reviews, Route Reviews, investigation of complaints, and an Inspection program.

(2) Town or its Designee for Edible Food Recovery may issue an official notification
to notify regulated entities of its obligations under this subchapter.

(3) The Town or its Designee for Edible Food Recovery will issue a Notice of
Violation to any Tier One or Tier Two Commercial Edible Food Generator found
to have Edible Food in any waste container or to any Food Recovery

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-35

Organization or Food Recovery Service found to have Edible Food recovered from a Tier One or Tier Two Edible Food Generator in a waste collection container which has not been documented by a notice of significant spoilage as required in this subchapter. Such notice will be provided by email communication immediately upon identification of the violation or within three (3) calendar days after determining that a violation has occurred. If the Town or its Designee for Edible Food Recovery observes Edible Food in a Tier One or Tier Two Commercial Edible Food Generator, or Food Recovery Organization, or Food Recovery Service waste container on more than two (2) consecutive occasion(s), the Town or its Designee for Edible Food Recovery may assess an administrative citation and fine, pursuant to the Edible Food Recovery penalties provisions contained in Section 1.05.020 et. seq., on the Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, or Food Recovery Service.

(4) Except for violations of generator contamination of container contents, Town
shall issue a Notice of Violation requiring compliance within 60 days of issuance
of the notice.

(5) Absent compliance by the respondent within the deadline set forth in the Notice
of Violation, Town shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to Sections 1.05.020 and 2.01.160 et
seq.

(6) For the purposes of Edible Food Recovery, the Designee for Edible Food
Recovery shall commence an action to impose penalties, via an administrative
citation and fine, pursuant to the Edible Food Recovery penalties provision
contained in this subchapter.

(7) Notices shall be sent to “owner” at the official address of the owner maintained
by the tax collector for the Town or if no such address is available, to the owner
at the address of the dwelling or Commercial property or to the party responsible
for paying for the collection services, depending upon available information.

(d) Violations and Penalty Amounts for Types of Violations.

(1) Any person violating any of the provisions of this subchapter which result in
noncompliance with the SB 1383 Regulations, shall be subject to the fines set
forth in section 1.05.020 et seq. of the Colma Municipal Code.

(2) For violations other than Section 3.05.340(d)(1):

(A) Any person violating this subchapter shall be guilty of a misdemeanor,
which shall be punishable as set forth in Section 1.05.010 et seq.

(B) Keeping or maintaining any property or condition in violation of this subchapter is declared to be a public nuisance, which may be abated pursuant to the procedures set forth in the Property Maintenance and Nuisance Abatement subchapter of the Town of Colma (Colma Municipal Code, subchapter 2.01).

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-36

(e) Compliance Deadline Extension Considerations.

The Town may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters.

(2) Delays in obtaining discretionary permits or other government agency approvals;
or,

(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery
capacity and the Town is under a corrective action plan with CalRecycle pursuant
to 14 CCR Section 18996.2 due to those deficiencies.

(f) Appeals Process.

Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 2.01.230 et seq. A hearing will be held only if it is requested within the time prescribed and consistent with Town’s procedures in the Town’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Town will appoint a hearing officer who shall conduct the hearing and issue a final written order.

(g) Education Period for Non-Compliance

Beginning January 1, 2022 and through December 31, 2023, Town and or their Designee will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Town or their Designee determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this subchapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(h) Civil Penalties for Non-Compliance

Beginning January 1, 2024, if the Town determines that an Organic Waste Generator, Self- Hauler, franchised Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this subchapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this section, as needed.

Collection and Disposal of Solid Waste Colma Municipal Code (October 2021) Page 3.05-37

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.06: Individual Sewage Disposal Systems.

It shall be unlawful for any person, whether as principal, servant, agent of employee to construct, enlarge, alter, repair, improve or replace a septic tank, cesspool, seepage pit, drainage field, leaching system or any other type of individual sewage disposal system, or any part thereof, in or upon any property in the Town of Colma without first having obtained a permit to do so from the Health Officer.

[History: formerly § 3.500; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

It shall be unlawful for any person whether as principal, servant, agent or employee to install or replace a chemical toilet installation in or upon any property in the Town of Colma without first having obtained a permit to do so from the Health Officer; provided, however, that no permit shall be required for the installation of such chemical toilets for temporary use upon property where a building or other structure is being constructed during the period of such construction.

[History: formerly § 3.500.1; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

No permit shall be issued under this chapter unless the applicant therefore has previously paid the following non-refundable filing fees:

(a) Where a permit is sought for the construction of a new individual sewage disposal system under Section 3.06.010 of the Code, the filing fee therefore shall be in the sum set forth in the Master Fee Schedule.

(b) Where an examination of property is sought to determine whether a new individual sewage disposal system permit under Section 3.06.010 of this Code can be issued at a future date, the filing fee therefore shall be the sum set forth in the Master Fee Schedule. If such examination approves the issuance of such permit and application for such permit is made within one year, the filing fee for such examination shall be credited towards the filing fee for such permit.

(c) Where a permit is sought for the enlargement, alteration, repair, or improvement of an individual sewage disposal system under Section 3.06.010 of this Code, the filing fee therefore shall be in the sum set forth in the Master Fee Schedule.

(d) Where a permit is sought for a chemical toilet under Section 3.06.020 of this Code, the filing fee therefore shall be in the sum set forth in the Master Fee Schedule.

The filing fees set out in subsections (a) and (b) hereinabove shall be paid by the applicant at the time of application for a permit to construct, enlarge, alter, repair, or improve an individual sewage disposal system or to install or replace a chemical toilet, and prior to the inspection of

Individual Sewage Disposal Systems Colma Municipal Code (May 2019) Page 3.06-1

the site of any such construction, enlargement, alteration, repair, or improvement of an individual sewage disposal system or installation or replacement of a chemical toilet. The fee established by subsection (b) hereinabove shall be paid prior to any examination. Filing fees shall not be refunded to the applicant whether or not the City grants him the permit applied for pursuant to subsections (a) and (b) hereof or approves the issuance of a permit pursuant to subsection (b) hereof.

In the event, however, the City fails to process applications under subsections (a) and (c) hereinabove, or to make an examination under subsection (b) hereinabove, it shall return to the applicant any filing fee paid by him.

[History: formerly § 3.501; ORD. 267, 1/13/82; ORD. 638, 12/14/05; ORD. 793, 5/22/19]

(a) Sewage means any and all waste, substance, liquid or solid, associated with human habitation or which contains or may be contaminated with human or animal excreta, excrement, offal or any feculent matter or matters, or substances that may be injurious or dangerous to health, either directly or indirectly.

(b) Chemical Toilet means and includes any toilet or water closet constructed, installed or placed for the purpose of having deposited therein sewage which is disposed of by a chemical process than by discharge into a sewer system for treatment in the sewage treatment plant of a public agency or district.

(c) Health Officer means the City Health Officer of the Town of Colma or his authorized representative.

[History: formerly § 3.501; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

(a) No septic tank shall be located within five (5) feet of any building used as a dwelling; within ten (10) feet of any property line; within fifty (50) feet of any well or twenty (20) feet of the top of the bank of a stream or twenty-five (25) feet of a swimming pool.

(b) No drainage field or leaching system shall be located within five (5) feet of any building used as a dwelling; within ten (10) feet of any property line; within seventy-five (75) feet of any well; within twenty (20) feet of the top of the bank of a stream, ditch or cut slope; or within twenty-five (25) feet of a swimming pool.

(c) No seepage pit shall be located within ten (10) feet of any building used as a dwelling; within ten (10) feet of any property line; within one hundred (100) feet of a swimming pool; or within twenty (20) feet of the top of the bank of a stream, ditch or cut slope.

(d) Any deviations from subsections (a), (b), or (c) above shall be with the approval of the Health Officer expressed in writing.

[History: formerly § 3.502; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

Individual Sewage Disposal Systems Colma Municipal Code (May 2019) Page 3.06-2

The type and manner of construction and installation of individual sewage disposal system shall conform to size and extent recommended in bulletins issued jointly by the Health Officer and the Building Inspector and on file in both of said offices. Those installations requiring special consideration shall meet a design approved by the Health Officer.

The use of pit privies and cesspools for permanent installations is generally prohibited and shall not be permitted except in unusual circumstances upon a written determination that no health problem exists by the Health Officer. Any such approval shall set forth the terms and conditions upon which the use of a pit privy or cesspool shall be permitted.

[History: formerly § 3.503; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

This chapter in no way prohibits an owner from constructing and installing his or her own sewage system, providing that all of the provisions of this chapter are complied with.

[History: formerly § 3.504; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

No permit shall be granted under this chapter with respect to an individual sewage disposal system where the property is adjacent to or within 100 feet of a public sanitary sewer, except with respect to an individual sewage disposal system permitted under subparagraphs (a) or (b) of section 3.04.040 of the Municipal Code of the Town of Colma.

[History: formerly § 3.504.1; ORD. 349, 5/13/87; ORD. 638, 12/14/05]

Structures.

(a) Each applicant for a permit to install an individual sewage disposal system pursuant to this chapter shall, at the time of making such application, submit a plot plan which shall show the following:

(1) The existing property lines of the property in or upon which the disposal system
is to be placed in relation to streets and highways and surrounding properties.

(2) The location of all existing or proposed buildings, structures, driveways, patios
and similar installations upon the property.

(b) Initial inspection of the property in or upon which each individual sewage disposal system is to be placed shall be made by the Health Officer to determine the feasibility of a rural sewage disposal system functioning properly. This may mean having percolation tests made by the owner of the property, or his representative, under the supervision of the Health Officer. A permit will not be issued if, in the opinion of the Health Officer, the proposed disposal system will not function in a sanitary manner due to lack of porosity of ground or by reason of inadequate area available for the proposed disposal system.

Individual Sewage Disposal Systems Colma Municipal Code (May 2019) Page 3.06-3

(c) Final inspection of each installation shall be made by the Health Officer before the individual sewage disposal system, or any part thereof, is back-filled or covered.

[History: formerly § 3.505; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

Individual sewage disposal systems, where permitted, must comply with the regulations governing the approval of individual sewage disposal systems in San Mateo County as adopted pursuant to Section 8506, Chapter 6, Division VII of the San Mateo County Ordinance Code, and such amendments thereto as may be issued by the Health Officer.

[History: formerly § 3.506; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

(a) Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been commenced within ninety (90) days after the permit has been issued.

(b) If, after the commencement of the installation of a sewage disposal system authorized by a permit issued pursuant to this chapter and before completion thereof, the project is abandoned for a continuous period of ninety (90) days then the permit therefore shall expire and become null and void.

(c) Upon the expiration of any permit as herein provided, no further work may be done in connection with the installation of the sewage disposal system unless and until a new permit for such purpose is issued in accordance with this chapter.

[History: formerly § 3.06.110; ORD. 267, 1/13/82; ORD. 638, 12/14/05]

Individual Sewage Disposal Systems Colma Municipal Code (May 2019) Page 3.06-4

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.07: Election of Sewer Service Charges for Each Fiscal Year

This ordinance may be cited as ColmaSewer Service Charge Code.

[History: formerly § 3.601; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

Unless the context otherwise indicates, terms used herein have the following meanings:

(a) “Colma” means the Town of Colma;

(b) “City Council” is the City Council of Colma;

(c) “Sewer service charges” means fees, tolls, rates, rentals or other charges for services and facilities furnished by Colma in connection with its sanitation or sewerage system;

(d) “Premise” means any house, habitation or other structure requiring sewage disposal services;

(e) “Person”. [See, section 1.01.100]

(f) “Report” means the report referred to in Section 5473 of the Health and Safety Code of the State of California.

[History: formerly § 3.602; ORD. 320, 04/10/85; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

The Council hereby declares that the procedure established herein for the collection of sewer service charges is an alternative procedure which shall be in addition to the authority provided in Subchapter Three of Chapter Four of the Colma Municipal Code, and in addition to the authority granted to Colma pursuant to any other law. If, for any reason, any premise having a sewer against which a sewer service charge is prescribed does not appear on the tax roll of the County of San Mateo, Colma shall collect said charge by any other procedure available to Colma pursuant to ordinance or law.

[History: formerly § 3.603; ORD. 320, 04/10/85; ORD. 638, 12/14/05; ORD. 745, 6/10/15]

The Council hereby declares that it would have passed this code section and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional. If any provision of this code section or application thereof to any person or circumstance is held invalid, the remainder of the code section or the application of such provision to other persons or circumstances shall not be affected thereby.

Election of Sewer Charges for Each Fiscal Year Colma Municipal Code (June 2015) Page 3.07-1

[History: formerly § 3.604; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

Colma hereby elects, pursuant to Section 5473 of the Health and Safety Code to have the sewer charges collected on the tax roll of San Mateo County in the manner provided by law and this code section.

[History: formerly § 3.605; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

A written report shall be prepared and filed with the City Clerk which shall contain a description of each parcel of real property located in Colma and upon which is situate a premise receiving such services and facilities, and the amount of the charge for each parcel for said year, computed in conformity with the charges prescribed by ordinance.

[History: formerly § 3.606; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

The City Council shall hold a hearing on the report and the Clerk shall publish notice of said hearing and of the filing of said report once a week for two successive weeks prior to the date set for hearing in a weekly newspaper of general circulation within Colma. The notice shall specify the time and place of the hearing.

[History: formerly § 3.607; ORD. 320, 04/10/85; ORD. 638, 12/14/05; ORD. 745, 6/10/15]

Upon the conclusion of the hearing on the report, the Council will adopt, revise, change, reduce or modify any charge, or overrule any or all objections and shall make its determination upon each charge as described in said report, which determination shall be final.

[History: formerly § 3.608; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

On or before the 10th day of August of each year, following the final determination of the Council, the City Clerk shall file with the County Controller of San Mateo County a copy of said report with a statement endorsed thereon over the City Clerk's signature that it has been finally adopted by the Council, and the County Controller shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.

[History: formerly § 3.609; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of noon on the first Monday in March in the year in which the sewer service charges are fixed. The Tax Collector of the County of San Mateo shall include the

Election of Sewer Charges for Each Fiscal Year Colma Municipal Code (June 2015) Page 3.07-2

amount of the charges on bills for taxes levied against the responsible lots and parcels of land.

[History: formerly § 3.610; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for Colma, and shall be delinquent at the same time and, thereafter, be subject to the same penalties for delinquency.

[History: formerly § 3.611; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

All laws applicable to the levy, collection and enforcement of general taxes of Colma, including but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges.

[History: formerly § 3.612; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

The Tax Collector may, in his discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The County shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges for Colma in an amount to be fixed by agreement between the Board of Supervisors and the Council. The compensation shall not exceed one per cent of all money received. The compensation, if any, shall be paid into the County salary fund.

[History: formerly § 3.613; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

Revenues derived under this ordinance shall be used only for the acquisition, construction or reconstruction, maintenance and operation of sanitation or sewage facilities of Colma, and to repay principal and interest on bonds issued for the construction of such sanitary or sewerage facilities and to repay federal or state loans or advances made to Colma for the construction of or reconstruction of sanitary or sewerage facilities; provided, however, that such revenue shall not be used for the acquisition or construction or new local street sewers or laterals, as distinguished from main truck, interceptor and out-fall sewers.

[History: formerly § 3.614; ORD. 320, 04/10/85; ORD. 638, 12/14/05]

The provisions of this subchapter 3.07 shall remain in effect until amended or repealed.

[History: formerly § 3.615; ORD. 320, 04/10/85; ORD. 638, 12/14/05; ORD. 699, 7/13/11; ORD. 700, 9/14/11]

Election of Sewer Charges for Each Fiscal Year Colma Municipal Code (June 2015) Page 3.07-3

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.08: Water Quality Control - South San Francisco System

The Town of Colma has contractual arrangements with the City of South San Francisco for sewage disposal. It is the intent of this Subchapter to comply with the standard laws and regulations of South San Francisco with respect to sewer facilities connected to or affecting South San Francisco sewer facilities. This subchapter sets forth uniform requirements established by South San Francisco for direct and indirect contributors into the wastewater collection and treatment system for the City of South San Francisco and enables South San Francisco to comply with all applicable State of California laws (Water Code Section 1300 et seq.) and Federal laws required by the Clean Water Act of 1977 (33 U.S.C. Section 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).

The objectives of this chapter are:

(a) To prevent the introduction of pollutants into the municipal wastewater system which will upset or interfere with the operation of the system or contaminate the resulting sludge;

(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the system;

(c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(d) To provide for equitable distribution of the cost of the municipal wastewater system;

(e) To prevent the exposure of workers at the publicly owned treatment works and the collection system to chemical hazards.

This chapter provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users, and through enforcement of general requirements for all users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs.

This chapter shall apply throughout Colma with respect to facilities connected to the sewer facilities of the City of South San Francisco, and to persons outside the city who are, by contract or agreement with the city, users of South San Francisco's water quality control plant. Except as otherwise provided herein, the superintendent of the water quality control plant shall administer, implement, and enforce the provisions of this chapter. [History: formerly § 3.701; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-1

(a) Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. Section 1251 et seq., as amended.

(b) Authorized Representative of Industrial User. An authorized representative of an industrial user may be: (1) A principal executive officer of at least the level of vice president, if the industrial user is a corporation; (2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

(c) BiochemicalOxygenDemand(BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration as milligrams per liter.

(d) Pretreatment Standards. Pretreatment standards include national categorical pretreatment standards, national prohibited discharge standards, and the City's local limits.

(e) Chemical Oxygen Demand (COD). The equivalent quantity of oxygen utilized during oxidation of organic and inorganic matter in wastewater under the conditions of the C.O.D. test described in standard methods, expressed in milligrams per liter.

(f) Contamination. Impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

(g) CoolingWater. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(h) Department of Environmental Services. The San Mateo County Department of Environmental Services or any successor.

(i) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State.

(j) DomesticorResidentialPremises. Of or pertaining to single family, duplex, or multiple family dwelling.

(k) Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency or one of its duly authorized officials.

(l) Garbage. Solid wastes from the preparation, cooking and dispensing of foods, and from the handling, storage and sale of produce. "Properly ground garbage" is the waste from the preparation, cooking and dispensing of foods which have been ground to such a degree that all particles may be carried freely under the flow conditions normally prevailing in public sewers.

(m) GrabSample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-2

(n) Grease. Greases, oils, fats, fatty acids, waxes, soaps, or other matter which is so determined in accordance with the standard methods examination for grease in polluted waters.

(o) Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(p) Indirect Discharge. The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307 (b), (c) or (d) of the Clean Water Act (CWA), into the water quality control facilities (including holding tank waste discharged into the system).

(q) IndustrialUser. A source of indirect discharge (corresponding definition 40 CFR 403.8).

(r) Industrial Waste. The gaseous, liquid and solid wastes from any producing, manufacturing or personal service industries, or from any processing operation of whatever nature, including the washing of vehicles, machines and equipment.

(s) Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore, causes a violation of the POTW's National Pollutant Discharge Elimination System (NPDES) permit or prevents sewage sludge use or disposal in compliance with Section 405 of the Clean Water Act, the Solid Waste Disposal ACT (SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

(t) Mass Emission Rates. Pounds per day in waste or waste discharge of designated materials.

(u) National Categorical Pretreatment Standard. 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) which applies to the standards specified in 40 CPR Chapter I, Subchapter N, Parts 405-471.

(v) National Pollution Discharge Elimination System (NPDES) Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(w) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of Section 307(b) of the Act (33 U.S.C. 1347) and 40 CFR Section 403.5.

(x) Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, bay, ocean or other body of surface water, or into the ground water.

(y) NewSource. Any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which began after the publication of proposed pretreatment standards pursuant to Section 307 (c) of the Clean Water Act which will be applicable to such source if such standards are promulgated, provided certain location and construction criteria are met.

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(z) Pass Through. Discharge through the POTW to navigable waters which, alone or in conjunction with discharges from other sources, is the cause of a violation of the NPDES permit.

(aa) Person: [See, section 1.01.100]

(bb) pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(cc) Pollution. The man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.

(dd) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock sand, cellar dirt, industrial, municipal or agricultural waste discharged into water.

(ee) PretreatmentorTreatment. The reduction of 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 wastewater treatment system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).

(ff) Pretreatment Program. A program to protect the water quality control facilities, its workers and the environment from adverse impacts that may occur when hazardous or toxic wastes are discharged into the sewage system.

(gg) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

(hh) PubliclyOwnedTreatmentWork(POTW). A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the Cities of South San Francisco and San Bruno.

(ii) SanitarySewage. Domestic or domestic-like sewage.

(jj) Sewage. (See Wastewater) Water-carried and liquid wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and storm waters as may be present, or any combination of such wastes and waters.

(kk) Sewage Facilities. The arrangement of devices and structures used for the transportation, treatment and disposal of sewage, including but not limited to, intercepting sewers, sewage treatment works, pumping plants, outfall sewers and appurtenances constructed, operated and maintained by the city for sewage disposal purposes.

(ll) Sewer. A pipe or conduit for carrying water, sewage and/or wastewater; and the following:

(1) Building sewer means a sewer conveying wastewater from the premises of a
user to a public sewer.

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-4

(2) Publicsewermeans a sewer which is controlled by the city or other agency.

(3) Sanitarysewer means a sewer for domestic, commercial and industrial waste to
which storm, surface and ground waters are not intentionally admitted.

(4) Side sewer means a sewer conveying the waste water of a discharge from a residence, building or other structure to a public sewer, including direct connections where permitted.

(5) Storm sewer means a sewer which carries storm and surface waters, but from
which sewage and polluted industrial, commercial and institutional wastes are required
to be excluded.

(mm) Significant Industrial User.

(1) All categorical industrial users (see National Categorical Pretreatment Standard);

(2) Any non-categorical industrial user that (a) discharges 25,000 gallons or more
per day of process wastewater, or (b) contributes a process wastestream which makes
up five percent (5%) or more of the average dry weather hydraulic or organic capacity
of the treatment plant, or (c) has a reasonable potential, in the opinion of the city, to
adversely affect the POTW (i.e., inhibition, pass through of pollutants, sludge
contamination, or endangerment of POTW and collection system workers).

(nn) Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or any successor.

(oo) StandardMethods. The latest United States Environmental Protection Agency approved edition of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by American Public Health Association, American Water Works Association, and the Water Pollution Control Federation on methods deemed equivalent by the Superintendent and the Water Quality Control Board for the San Francisco Bay region, herein referred to for definitions, laboratory procedures of analysis, tests (including test samples), and measurements.

(pp) Storm Sewer. A sewer which carries storm surface waters to San Francisco Bay, but from which sewage, polluted industrial, commercial and institutional wastes are required to be excluded.

(qq) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(rr) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-5

(ss) Superintendent. The Superintendent of the Water Quality Control Plant who is charged with certain duties and responsibilities by this chapter, or the superintendent's authorized representative.

(tt) ToxicPollutant. 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 (33 U.S.C. 1317) or other acts.

(uu) Upset. Any incident in which one or more pollutants cause the removal efficiency for a treatment process at the POTW to be dramatically reduced.

(uu-2) User means any person who contributes, causes or permits the contribution of wastewater into the water quality control plant.” (vv) Waste. All waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, personal service industry, or processing operation of whatever nature.

(ww) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the water quality control facilities.

(xx) Water Quality Control Facilities. A wastewater treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by South San Francisco. This definition includes any sewers that convey wastewater to the water quality control plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, water quality control facilities shall also include any sewers that convey wastewaters to the plant from persons outside the city who are, by contract or agreement with the city, users of the city's water quality control facilities. The portion of the facilities designed to provide treatment to wastewater is the water quality control plant.

(yy) WatersoftheStateorWatercourse. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

[History: formerly § 3.702; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05, ORD. 643, 4/12/06]

I. PERMITS

(a) It is unlawful to discharge without a permit into any natural outlet within the city or into the water quality control facilities any wastewater, except as authorized by the superintendent in accordance with the provisions of this chapter.

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-6

(b) All significant users proposing to connect to or to contribute to the water control facilities shall obtain a wastewater discharge permit from the superintendent before connecting to or contributing to any public sewer.

(c) Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, accompanied by a fee, as set forth in the city's fee schedule established by resolution of the City Council. Proposed new users shall apply at least ninety days prior to connecting to or contributing to the water quality control facilities. Users shall be classified as residential, institutional, commercial, or industrial. In support of the application, the users shall submit, in units and terms appropriate for evaluation, the following information:

(1) Name, mailing address, and location of use (if different from the address),
business license number and expiration date;

(2) SIC number, according to the Standard Industrial Classification Manual;

(3) Wastewater constituents and characteristics as determined by a reliable
analytical laboratory. Sampling and analysis shall be performed in accordance with
procedures established by the EPA pursuant to Section 304(g) of the Act (33 U.S.C.
1314) and contained in 40 CFR, Part 136;

(4) Time and duration of contribution;

(5) Average daily and thirty minute peak waste water flow rates, including daily,
monthly and seasonal variations, if any;

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all
sewers, sewer connections, and appurtenances by the size, location and elevation;

(7) Description of activities, facilities and plant processes on the premises, including
all materials which are or could be discharged;

(8) Where known, the nature and concentration of any pollutants in the discharge
which are limited by any City, state or federal pretreatment standards, and a statement,
signed by an authorized representative of the user and certified to be a qualified
professional, regarding whether or not the pretreatment standards are being met on a
consistent basis and if not, whether additional operation and maintenance or additional
pretreatment is required for the user to meet applicable pretreatment standards.

(9) If additional pretreatment operation and maintenance will be required to meet
the pretreatment standards the shortest schedule by which the user will provide such
additional pretreatment. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard.

The following conditions shall apply to this schedule:

(A) The schedule shall contain increments of progress in the form of dates for
the commencement and completion of major events leading to the

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construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(B) No increment referred to in the preceding paragraph shall exceed nine
months.

(C) Not later than fourteen days following each date in the schedule and the
final date for compliance, the user shall submit a progress report to the
superintendent including, at a minimum, whether or not it complied with
the increment of progress to be met on such date and, if not, the date on
which it expects to comply with this increment of progress, the reason for
the delay, and the steps being taken by the user to return the
construction to the schedule established. In no event shall more than
nine months elapse between such progress reports to the superintendent.

(10) Each product produced by type, amount, process or processes and rate of
production;

(11) Type and amount of raw materials processed (average and maximum per day);

(12) Number and type of employees, hours of operation of plant and proposed or
actual hours of operation of pretreatment system;

(13) A Baseline Monitoring Report (BMR) must be submitted, in compliance with, and
containing all the information required by, 40 CFR 403.12 (b) and such other information
as may be deemed by the City to be necessary to evaluate the permit application.

The BMR, 90-day compliance reports, and periodic compliance reports from Categorical Industrial Users must be signed by the appropriate official as specified in 40 CFR 403.12(1), and contain the certification statement in 40 CFR 403.6(a)(2)(ii).

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions.

[History: formerly § 3.710; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

All new sewers and connections to new and existing sewers shall be designed and constructed in accordance with the Uniform Building Code then in effect, and other applicable city ordinances. The applicant for a permit to construct sewers or connections shall furnish the chief building inspector with a copy of the wastewater discharge permit.

[History: formerly § 3.711; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

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Wastewater discharge permits subject to the National categorical pretreatment standards will be modified by the City, as soon as possible subsequent to a change in federal standards. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the superintendent within one hundred eighty days after the promulgation of an applicable federal categorical pretreatment standard the information required by Section 3.08.120.

[History: formerly § 3.712; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

(a) Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the city. Commercial and industrial users must maintain a current city business license. Permits may contain the following:

(1) Limits on the average and maximum wastewater constituents and
characteristics;

(2) Limits on average and maximum rate and time of discharge or requirements for
flow regulations and equalization;

(3) Requirements for installation and maintenance of inspection, monitoring and
sampling facilities and monitoring equipment;

(4) Specifications for source control and monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards for tests and
reporting schedule;

(5) Compliance schedules;

(6) Requirements for submission of technical reports or discharge reports;

(7) Requirements for maintaining and retaining plant records relating to wastewater
discharge, as specified by the city, and affording city access thereto;

(8) Requirements for notification to the City of any increased contributions of
pollutants, changes in the nature of pollutants, or of any introduction of new wastewater
constituents where such contributions would cause the POTW to violate its NPDES
permit shall be applicable to all industrial users of the POTW (whether permitted or not).
In compliance with 40 CFR 403.12(j) all IUs must notify the City prior to any increased
contributions of pollutants, or changes in the character of pollutants in their discharges,
including hazardous wastes;

(9) Requirements for notification of sludge discharges; and

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(10) Pursuant to 40 CFR, 403.8(f)(2)(v), significant industrial users must have a plan to control slug discharges. The plan must contain at a minimum: (A) a description of discharge practices, including non-routine batch discharges; (B) description of stored chemicals; (C) procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

If discharge sampling performed by an IU indicates a violation, the user shall notify the
City within 24 hours of becoming aware of the violation. The user must also resample
and submit the resampling to the City within 30 days.

(11) Industrial users must keep records of monitoring activities and results for a
minimum of 3 years, or longer in the case of unresolved litigation, or when requested by
the City.

(12) Other conditions as deemed appropriate by the City and in accordance with 40 CFR 403.12(g).

(b) The superintendent, or the superintendent's designee, may amend the terms and conditions of a wastewater discharge permit or add new and different terms and conditions to meet the requirements of applicable Federal and State statutes, city ordinances and administration orders issued pursuant thereto.

[History: formerly § 3.713; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year, or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in a permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

[History: formerly § 3.714; ORD. 389, 04/12/89;; ORD. 638, 12/14/05]

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or users shall also comply with the terms and conditions of the existing permit.

[History: formerly § 3.715; Ord. 389, 04/12/89; Ord. 638, 12/14/05]

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(a) Within ninety days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the water quality control facilities, any user subject to pretreatment standards and requirements shall submit to the superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or require- ments. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional acts are necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.

(b) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the water quality control facility shall submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceed the average daily flow reported. At the discretion of the superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are submitted.

(c) All industrial users shall notify, in writing, the City, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of any discharge into the POTW of a substance, which if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. The notification process should be in compliance with the specifics outlined in 40 CFR 403.12(p).

(d) The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by subsection (b) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analysis shall be performed in accordance with procedures established pursuant to Section 304(g) of the Act (33 U.S.C. 1314) and contained in 40 CFR Part 136 and amendments thereto, or with any other approved test procedures. Sampling shall be performed in accordance with the approved techniques.

[History: formerly § 3.716; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

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(a) The superintendent may require users to conduct and maintain monitoring programs as a means of controlling the quantity and quality of the discharge so that discharges comply with the provisions of this chapter. The monitoring program shall consist of test samples and analyses, the frequency and type of which shall be specified by the superintendent. Upon demonstrating to the superintendent that the user has the necessary qualifications and equipment to conduct the monitoring program, or that the user has retained the services of a qualified consultant or laboratory so certified by the State Department of Public Health, the user may conduct this monitoring program. The user shall submit monitoring reports to the superintendent monthly, unless the superintendent determines a different frequency for the periodic monitoring reports, in which case, the superintendent shall specify the report frequency to the user by written notice, stating the reasons therefore. If the user fails, refuses or neglects to conduct and maintain the required monitoring program, or does not have qualified personnel and equipment therefore, or does not have the services of a qualified consultant or laboratory so certified by the State Department of Public Health, then the superintendent may establish a monitoring program with city personnel, if available, or with services of a qualified consultant or laboratory so certified by the State Department of Public Health, the cost of which shall be charged to the user and/or parcel owner.

(b) The city may require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed off-premises. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction shall be completed within ninety days following commencement.

[History: formerly § 3.717; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) The City shall inspect, as the superintendent deems necessary, the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. 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 purposes of inspection, sampling, records examination and copying or in the performance of any duties. The City and personnel from other governmental agencies shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the City and other governmental agencies will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

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(b) The superintendent may require any nonresidential user to construct, at the user's own expense, a sampling facility or inspection manhole, together with necessary related measuring and sampling equipment, in accordance with construction standards and specifications of the city. The sampling facility, or well, or inspection manhole, shall be constructed on the lateral side sewer of the user, and installed at a point where the sampling well intercepts all wastes from the discharging source. The well shall also be within a clear easement area at a location which will permit the city access to the facility at all times. Construction shall be completed within sixty days of written notification from the superintendent, unless such time is extended by the superintendent for good cause. The superintendent may require the user to install such sampling facilities or inspection manholes on each lateral sewer.

[History: formerly § 3.718; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

(a) Users shall provide necessary wastewater treatment as required to comply with this chapter, and shall achieve compliance with all national pretreatment standards within the time limitations, as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter or regulations promulgated by the superintendent in accordance with this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.

(b) The City shall annually publish notification, in the largest daily newspaper published in the County of San Mateo, a list of the IUs which were in significant noncompliance with any applicable standards with which it must comply during the previous twelve months. The notification may also summarize any enforcement actions taken against the user(s) during the same twelve months.

(c) An industrial user is in significant noncompliance if its violation meets one or more of the criteria specified in 40 CFR 403.8(f)(2)(vii).

(d) All records relating to compliance with pretreatment standards shall be made available to state and federal officials upon request.

(e) The City shall be able to seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements, and may seek additional penalties pursuant to 40 CFR 403.8(f)(1)(vi)(A).

[History: formerly § 3.719; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

II. REGULATIONS

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-13

(a) Sanitary sewage shall be discharged only into public sanitary sewers, except as otherwise provided. It is unlawful to construct, maintain, or use within the city any privy, septic tank, cesspool or other such facility designed or intended to be utilized for the disposal of sewage without first obtaining a permit under the provisions of Subchapter 5 relating to individual sewage disposal systems. It is unlawful to discharge sewage into any storm sewer.

(b) It is unlawful to discharge or cause to be discharged directly or indirectly, any pollutant or wastewater into any storm sewer or into any sewage facility which will interfere with the operation or performance or pass through of the water quality control facilities. These general prohibitions apply to all users whether or not the user is subject to national categorical pre- treatment standards or any other national, state or local pre- treatment standards or requirements. The discharge of the following is prohibited:

(1) Any wastestreams with a closed-cup flashpoint of less than 140DF or 60DC
(using the test methods specified in 40 CFR 261.21), liquids, solids or gases which by
reason of their nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in any other way to the
water quality control facilities or to the operation of the water quality control plant. At
no time, shall two successive readings on an explosion hazard meter, at the point of
discharge into the system (or at any point in the system) be more than five percent, nor
any single reading over ten percent of the lower explosive limit (LEL) of the meter.
Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides.

(2) Solid or viscous substances which may cause obstruction to the flow in a sewer
or other interference with the operation of the wastewater treatment facilities such as,
but not limited to: grease, garbage with particles greater than one-half inch in any
dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust,
metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste
paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of
fuel or lubricating oil, mud, or glass grinding or polishing wastes.

(3) Any wastewater having a pH less than 5.0 units or greater than 12.0 units, or
wastewater having any other corrosive property capable of causing damage or hazard to
structures, equipment, or personnel of the water quality control facilities.

(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the water quality control facilities, or to exceed the limitations set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act (33 U.S.C. 1317).

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-14

(5) Any noxious or malodorous liquids, gases or solids which either singly, or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for maintenance and repair.

(6) Any substance which may cause the water quality control plant's effluent or any
other product, such as residues, sludges, or scums, to be unsuitable for reclamation and
reuse, or to interfere with the reclamation process. In no case shall a substance
discharged to water quality control facilities cause the water quality control plant to be
in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Act, the Clean Air Act, the
Toxic Substances Control Act, or state criteria applicable to the sludge management
method being used.

(7) Any substance which will cause the water quality control plant to violate its
NPDES permit or state disposal system permit or the receiving water quality standards.

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

(9) Any wastewater having a temperature which will inhibit biological activity in the
treatment plant resulting in interference, but in no case wastewater with a temperature
at the introduction into the water quality control plant which exceeds forty degrees
centigrade (one hundred four degrees Fahrenheit).

(10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a
flow rate or pollutant concentration which a user knows or has reason to know will
cause interference to the water quality control facilities. In no case shall a slug load
have a flow rate or contain concentration or qualities of pollutants that exceed for any
time period longer than fifteen minutes more than five times the average twenty-four
hour concentration, quantities, or flow during normal operation.

The user shall be in compliance with the City's limit relative to flow rate or pollutant
concentration. If the City has not established a local limit, then the user must not have
changed its discharge from prior discharges when the POTW was in compliance with its
NPDES permit.

(11) Any wastewater containing any radioactive wastes or isotopes.

(12) Any pesticides containing algaecides, antibiotics, fungicides, herbicides,
insecticides, or any similar pesticides in amounts deleterious to any sewage treatment
process or to the aquatic life of the waters receiving the effluent.

(13) Any wastewater which causes a hazard to human life or creates a public
nuisance.

When the superintendent determines that a user is contributing any of the above
enumerated substances in such amounts as to interfere with the operation of the water
quality control facilities, the superintendent shall take enforcement action as necessary
to get such user to correct the interference. In the event of imminent harm to the

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public, the superintendent may take what- ever action is necessary to correct the interference, and the user shall be responsible for all costs incurred.

[History: formerly § 3.720; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

(a) It is unlawful to discharge or cause to be discharged any wastewater into the public sanitary sewers if the concentration of any of the constituents of the wastewater exceeds the limits established by resolution of the city council. (Maximum permissible concentrations are normally expressed in milligrams per liter.)

(b) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

(c) The superintendent may impose quantitative limitations, e.g. pounds per day limits, on discharges or any constituent of the wastewater when the discharge or constituent may unreasonably overload, adversely affect the facilities or have a harmful effect upon the receiving waters. Mass emission rates, or other similar techniques having a reasonable relationship to evaluating or measuring waste discharges, may be used.

[History: formerly § 3.721; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Industrial users must comply with applicable national categorical pretreatment standards, national prohibited discharge standards, or the City's local limits, whichever are the most stringent.

The national categorical standards, found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated into this ordinance. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR Section 403.12. [History: formerly § 3.722; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

Where South San Francisco's water quality control plant achieves consistent removal of pollutants limited by federal pretreatment standards, South San Francisco may apply for modification of specific limits in the federal pretreatment standards. "Consistent removal" means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the water quality control plant to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in 40 CFR, Part 403 - "General Pretreatment Regulations for Existing and New Sources of Pollution". The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Section 403.7 are fulfilled and prior approval is obtained. [History: formerly § 3.723; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-16

It is unlawful to increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limits contained in the federal categorical pretreatment standards, or in any other pollutant specific limitation developed by the city or state.

[History: formerly § 3.724; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) Each user shall provide protection from accidental discharge of prohibited materials or other regulated substances. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's 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 before construction of the facility. All existing users shall complete such a plan by January 1, 1991. No user who commences contribution to the water quality control facilities after effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the water quality control plant of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(b) Within five days following an accidental discharge, the user shall submit to the superintendent 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 damage to the water quality control facilities, fish kills, 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 under the Colma Municipal Code, or other applicable laws.

(c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

[History: formerly § 3.725; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) The superintendent may suspend the wastewater treatment service or a wastewater discharge permit when such suspension is necessary, in the opinion of the superintendent, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or threatens to cause interference to the water quality control facilities, or causes or threatens to cause South San Francisco to violate any condition of its NPDES permit.

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-17

(b) Any user notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including a cease and desist order or immediate severance of the sewer connection, to prevent or minimize damage to the water quality control facilities or endanger- ment to the water quality control facilities or endangerment to any individuals. The city shall reinstate the wastewater discharge permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen days of the date of occurrence.

[History: formerly § 3.726; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

III. ADMINISTRATION

(a) The city may adopt fees to provide for the recovery of costs from users of the water quality control facilities. Such fees may include, but are not limited to, connection charges, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable fees shall be as set forth in resolution of the city council.

(b) A sewer connection fee shall be paid by the user or parcel owner for connection to a public sanitary sewer at the time the building permit is issued, or if no building permit is necessary, prior to the time the connection is operational. When a change in use from residential to commercial occurs, the difference in connection charges shall be paid.

(c) Initial applications and renewal applications for a wastewater discharge permit shall be accompanied by a nonrefundable processing fee.

(d) If the imposition of special controls on wastewater discharges become necessary a corporate surety bond, or equivalent guarantee to insure performance, may be required of a user.

[History: formerly § 3.730; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

(b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-18

public, but shall be made available upon written request to governmental agencies for uses related to this chapter, NPDES permit, state disposal system permit or the pretreatment programs. Such a report shall be available for use by the city, state, or any governmental agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(c) Information accepted by the city as confidential shall not be transmitted to any governmental agency, other than the City of South San Francisco, with the exception of the Environmental Protection Agency, in compliance with 40 CFR 403.8(f)(1)(vii) and 40 CFR 403.14, or to the general public by the City, until and unless a ten day notification is given to the user.

[History: formerly § 3.731; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

IV. ENFORCEMENT

(a) The superintendent has the authority to enforce compliance with the provisions of this chapter, and to promulgate regulations designed to assist in achieving compliance.

[History: formerly § 3.740; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

When the superintendent finds that a discharge of wastewater is taking place, or threatening to take place, in violation of prohibitions or limits of this chapter, or regulations promulgated by the superintendent in accordance with this chapter, or wastewater source control requirements, or the provisions of a wastewater discharge permit, the superintendent may issue an abatement order and direct that those persons not complying with such prohibitions, limits, regulations, requirements, or provisions to:

(a) Comply forthwith;

(b) Comply in accordance with a reasonable time schedule set by the superintendent; or

(c) In the event of a threatened violation, take appropriate remedial or preventive action.

In cases of imminent harm to the public, the superintendent may enter private property if necessary to sever service.

[History: formerly § 3.741; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) Whenever the source control inspector finds that any user has violated or is violating the provisions of this chapter, the inspector may serve upon such user a written notice stating the nature of the violation. Within forty-five days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-19

(b) The source control inspector may order any user who causes or allows an unauthorized discharge to enter the water quality control facilities to show cause before the superintendent why the proposed enforcement action should not be taken. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

(c) After an informal hearing is held, the superintendent shall render a decision in writing.

[History: formerly § 3.742; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) Superintendent Review. Any discharger affected by any decision, action, or determination, including abatement orders, made by the superintendent in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the superintendent a written request for review within ten days of such decision, action, or determination, setting forth in detail the facts supporting the request. The superintendent shall complete the review and issue a written determination within ten days after receipt of the request, unless the city engineer reasonably extends the time thereof.

(b) Written appeal to city engineer. The superintendent's original decision, action or determination, and action taken after review may be appealed to the city engineer by the discharger affected by filing a written appeal with the city engineer within ten days after the notice of the decision of the superintendent. The City Engineer or the City Manager may designate the City Engineer of South San Francisco as "the city engineer" for the purposes of this section 3.743, in which case all references to "the city engineer" shall mean the City Engineer of South San Francisco. The written appeal shall specify what is being appealed and state all pertinent aspects of the matter. Within thirty days after the written appeal is filed, the city engineer shall hold a hearing. Notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made upon any agent or officer of a corporation.

(1) At the time and place designated in the notice, the city engineer shall hear and
consider all relevant evidence. The hearing shall not be conducted according to the
formal rules of evidence. Any relevant evidence shall be admitted if it is the type of
evidence on which reasonable persons are accustomed to rely in the conduct of serious
affairs. Hearsay evidence may be used for the purpose of supplementing or explaining
any direct evidence, but hearsay evidence shall not be sufficient by itself to support a
finding unless it would be admissible over objections in civil actions in courts of
competent jurisdiction in this state. The discharger may represent itself or be
represented by anyone of its choice. The hearing may be continued from time to time.

(2) Within ten days after the conclusion of the hearing, the city engineer shall render
a written decision and where applicable an Order of Abatement. This decision shall set
forth the factual findings made by the city engineer, the conclusion reached, any
abatement required, and the date by which such abatement shall occur. The decision of
the city engineer is final.

[History: formerly § 3.743; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-20

Whenever any discharge or potential discharge causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice or hearing. Summary abatement shall be ordered only by the city manager. Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety. Notice of the summary abatement shall be served personally or by registered or certified mail, return receipt requested. Service may be made on any agent or officer of a corporation. The costs and expenses of a summary abatement may be made a lien on the property and may be collected pursuant to the procedure set forth in Section 3.08.300.

[History: formerly § 3.744; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Any user who violates any of the following conditions, or any applicable state and federal regulations, is subject to having a permit revoked or modified by the city for:

(a) Failure of a user to factually report the wastewater constituents and characteristics of the discharge;

(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

(d) Violation of conditions of the permit.

[History: formerly § 3.745; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) An action to revoke or modify a permit may be initiated in writing by the superintendent or the city engineer, or the City Engineer of South San Francisco. The initiating request shall be filed with the city manager and shall set forth grounds for revocation or modification. The City Manager, or the City Council by motion, may designate the City Manager of South San Francisco as "the city manager" for the purposes of this section 3.08.280, in which case all references to "the city manager" under (b) and (c) below shall refer to the City Manager of South San Francisco.

(b) Within thirty days after the initiating request is filed, the city manager shall hold a hearing. Notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made upon any agent or officer of a corporation. At the time and place designated in the notice, the city manager shall hear and consider all relevant evidence. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-21

affairs. Hearsay evidence may be used for the purpose of supplementing or explaining direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state. The discharger may represent itself or be represented by anyone of its choice. The hearing may be continued from time to time.

(c) Within ten days of the conclusion of the hearing, the city manager shall render a written decision. The decision shall set forth the factual findings made by the city manager. The city manager may revoke or modify the terms of the permit. The decision of the city manager is final.

[History: formerly § 3.746; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Any person who intentionally or negligently damages, obstructs, or otherwise impairs a public sewer, water quality control plant, or appurtenance thereto, shall be liable for such action and the city may assess the costs of repair against such person, or seek reimbursement through a court action.

[History: formerly § 3.747; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

(a) The superintendent shall keep an itemized statement of costs incurred by the city in abating or otherwise responding to violations of this chapter. Once a violation matter is concluded, the superintendent shall provide a copy of this statement to the discharger and to the city manager. The discharger may request a hearing before the city manager to contest the statement of costs. The request for a hearing shall be made within ten days of receipt of the statement or the right to hearing shall be deemed waived. The city manager shall review the statement of costs and any information presented by the discharger, and may make any necessary revisions, corrections or modifications. The decision of the city manager is final.

(b) The procedure for recording the statement of costs as a lien against the property involved shall be as follows:

(1) If payment of the assessed costs and expenses is not received by the finance
director within thirty days of the date appearing on the decision of the city manager, the
finance director shall send to the city clerk two originals of a declaration that payment
was not received. Upon receipt of the declaration of the finance director, the city clerk
shall set a notice and hearing before the city council for the purpose of adopting a
resolution confirming the statement of costs.

(2) After holding a hearing, the city council may adopt a resolution. The city clerk
shall forward to the office of the recorder of the County of San Mateo one original
certification by the finance director that payment was not received and one certified true
copy of the resolution of the city council confirming the statement of costs with the
statement of costs attached as an exhibit.

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[History: formerly § 3.748; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

V. PENALTIES

Any user who is found to have willfully or negligently failed to comply with any provision of this chapter, and the order, rules, regulations and permits issued hereunder, unless otherwise specified, may be charged with a misdemeanor for each offense. The maximum penalty for each offense shall be fine and imprisonment not to exceed the fine and imprisonment provided in Section 36901 of the Government Code, as that section, or its successor, reads at the time of the offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

[History: formerly § 3.750; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method shall be subject to misdemeanor prosecution and upon conviction, shall be punished in accord with the provisions of Section 36901 of the Government Code of California.

[History: formerly §3.751; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Any person who violates any cease and desist order or suspension order, or who is in violation of any waste discharge requirement and/or other order creates a condition of pollution is hereby deemed to have created a public nuisance. Such person(s) shall be strictly liable for the sum of $10,000 for each day, or portion thereof, during which the violation occurs.

[History: formerly § 3.752; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, an injunction may be sought to restrain the continuance of such discharge. The City may also seek an injunction against nondischarge violation of pretreatment standards or requirements, or any other violation of this chapter.

[History: formerly § 3.753; ORD. 389, 04/12/89; ORD. 455, 6/9/93; ORD. 638, 12/14/05]

In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-23

[History: formerly § 3.754; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

The remedies identified in this chapter are in addition to and do not superseded or limit any other civil or criminal remedies.

[History: formerly § 3.755; ORD. 389, 04/12/89; ORD. 638, 12/14/05]

Water Quality Control – South San Francisco System Colma Municipal Code (April 2006) Page 3.08-24

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.09: Water Quality Control – North San Mateo County Sanitation District

The Town of Colma has contractual arrangements with the North San Mateo County Sanitation District ("the District") for sewage disposal. It is the intent of this Subchapter to comply with the standard laws and regulations of the District with respect to sewer facilities connected to or affecting the District's sewer facilities. This subchapter sets forth rules and regulations and uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the District and enables the District to comply with all applicable State and Federal laws required by the Clean Water Act of 1977, as amended and the General Pretreatment Regulations (40 CFR, Part 403), as amended.

The objectives of this chapter are: (a) To provide rules and regulations for the use and construction of sanitary sewer facilities;

(b) To regulate direct and indirect contributors to the District wastewater system through the issuance of permits, authorize monitoring and enforcement activities, and require industrial user reporting;

(c) To prevent the introduction of pollutants into the District wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(d) To prevent the introduction of pollutants into the District wastewater system which will pass through waters or the atmosphere or otherwise be incompatible with the system;

(e) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

(f) To provide for equitable distribution of the cost of the District wastewater system.

This chapter shall apply throughout Colma with respect to facilities connected to the sewer facilities of the District, and to persons outside the city who are, by contract or agreement with the city, users of the District's water quality control plant. [History: formerly § 3.804.01; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

For the purpose of this title, the terms used in this subchapter are defined as follows:

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

(b) Applicant means the person making application to the District for sewer or plumbing connection or installation or discharge and shall be the owner or his authorized agent of premises to be served.

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-1

(c) Authorized representative of industrial user means:

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

(2) A general partner or proprietor if the industrial user is a partnership or
proprietorship, respectively;

(3) A duly authorized representative of the individual designated in subdivisions (a)
and (b) of this subsection if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.

(d) Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees Centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/1)).

(e) Boardmeans the board of directors of the District.

(f) Building means any structure used for human habitation or a place of business, recreation or other purposes.

(g) Building sewer means that portion of a side sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal system.

(h) Categorical standards means national categorical pretreatment standards or pretreatment standards.

(i) Combinedsewermeans a sewer designed to receive both surface runoff and sewage.

(j) Common facilities means facilities used by more than one occupancy such as laundry room, recreational areas or similar use or uses.

(k) Contractor means an individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit.

(l) Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(m) Countymeans the County of San Mateo, California.

(n) Directdischarge means the discharge of treated or untreated wastewater directly to the waters of the State of California.

(o) Districtmeans North San Mateo County Sanitation District.

(p) Districtengineermeans the person or persons appointed by the board to administer and enforce the engineering aspects of the rules and regulations of the District.

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-2

(q) Districtmanagermeans the person or persons appointed by the board to administer and enforce the rules and regulations of the District.

(r) Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency.

(s) Garbage means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

(t) Grabsample means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(u) Holding tank waste means any waste from holding tanks such as flow equalization facilities, vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(v) Industrial user means a discharger to the public sewer system that discharges nondomestic waste as itemized in Chapter 3.824.

(w) Interference means the inhibition or disruption of the wastewater treatment processes or operations which contributes to a violation of any requirement of the district's NPDES permit. The term includes prevention of sewage sludge use or disposal by the District in accordance with Section 405 of the Act (33 U.S.C. 1345), or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the district.

(x) Lateralsewermeans the portion of a side sewer lying within a public street connecting a building sewer to the main sewer.

(y) Main sewer means a public sewer designed to accommodate more than one lateral sewer.

(z) Multiple dwelling means a building for residential rental, lease or similar purposes containing more than one kitchen or having facilities for the occupancy of more than one person or family, including but not limited to the following: hotels, motels, auto courts, trailer courts, apartment houses, duplexes, roominghouses, boardinghouses and dormitories.

(aa) 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. 1347), which applies to a specific category of industrial users.

(bb) NationalPollutionDischargeEliminationsystempermitor NPDESpermit means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-3

(cc) National prohibitive discharge standard or prohibitive discharge standard means any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

(dd) Permitmeans any written authorization required pursuant to this or any other regulation of the District for the installation of, connection to, or discharge into any sewerage facilities.

(ee) Person: See, [section 1.01.100]

(ff) pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(gg) Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

(hh) Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

(ii) Pretreatment or treatment means the reduction of 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 sewerage system. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(b).

(jj) Pretreatmentrequirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

(kk) Private sewer means that portion of a sewer serving an independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or industries.

(ll) Publicsewermeans a sewer lying within a street and which is controlled by or under the jurisdiction of the District or the Town of Colma.

(mm) Regional board means the California Regional Water Quality Control Board, San Francisco Bay Region.

(nn) Sanitary sewer means a sewer which carried sewage and to which storm, surface and ground waters are not intentionally admitted.

(oo) Sewage means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments.

(pp) Sewage treatment plant means any arrangement of devices and structures used for treating sewage.

(qq) Sewermeans a pipe or conduit for carrying sewage.

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(rr) Sewerage works means all facilities owned or controlled by the district, except private sewers, for collecting, pumping, treating and disposing of sewage.

(ss) Side sewer means the sewer line beginning at the foundation wall of any building and terminating at the main sewer and includes the building sewer and lateral sewer together.

(tt) Significantindustrialuser means any industrial user of the district's wastewater disposal system who (a) has a discharge flow of twenty-five thousand gallons or more per average work day, or (b) has in his wastes toxic pollutants as defined pursuant to Section 3207 of the Act or California statutes and rules, or (c) is found by the district, regional board of EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

(uu) Singledwellingunit means and refers to the place of residence -- detached or attached dwelling unit that can be legally owned by a person or persons including, but not limited to condominiums, townhouses and rowhouses.

(vv) StandardIndustrialClassification(SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget (1972).

(ww) Standard specifications means a set of documents containing design and construction standards for all sewerage works within the district.

(xx) Stormsewer or stormdrain means a sewer which carries storm and surface or ground waters and drainage, but excludes sewage and polluted industrial wastes.

(yy) Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

(zz) Street means any public highway, road, street, avenue, alley, way, public place, public easement or right-of-way.

(aaa) Suspendedsolids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

(bbb) 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 CWA 307(a) or other acts.

(ccc) User means any person who contributes, causes or permits the contribution of wastewater into the district's sewerage system.

(ddd) Wasterofthestatemeans all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-5

[History: formerly § 3.804.02; ORD. 405, 12/13/89; ORD. 638, 12/14/05, ORD. 643 4/12/06]

The following abbreviations shall have the designated meanings:

BOD Biochemical oxygen demand COD Chemical oxygen demand CFR Code of Federal Regulations EPA Environmental Protection Agency NPDES National Pollutant Discharge Elimination System POTW Publicly owned treatment works SWDA Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. SIC Standard Industrial Classification USC United States Code TSS Total suspended solids mg/1 Milligrams per liter [History: formerly § 3.804.03; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

The rules and regulations set out in this subchapter respecting sewer construction and use, construction of sanitary sewer facilities, disposal of sewage and drainage of buildings and connection to the sewage works of the District are adopted, and all work in respect thereto shall be performed as required in this subchapter and not otherwise. These regulations shall be subject to modification whenever necessary to meet new waste discharge requirements of any state or federal authority having jurisdiction in the establishment of any waste discharge requirements.

[History: formerly §3.804.04; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Following the effective date of the ordinance codified in this subchapter, it is unlawful for any person to connect to, construct, install, alter or provide, maintain and use, any other means of sewage disposal from any building in the Town of Colma connected to the District except by connection to a public sewer in the manner provided in this subchapter.

[History: formerly § 3.804.05; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

(a) When any person, by reason of special circumstances, is of the opinion that any

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-6

provision of this subchapter is unjust or inequitable as applied to his premises, he may make written application to the City Council, stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his premises.

(b) If such application is approved, subject to consultation with the District board, the City Council may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances.

[History: formerly § 3.804.06; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

The City Council, after consultation with the District board, may, on its own motion, find that by reason of special circumstances any provision of this subchapter should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof.

[History: formerly § 3.804.07; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

No public sewer, side sewer, building sewer, pretreatment facility or other sewerage facility to be connected with the District sewer facilities shall be installed, altered or repaired within the Town of Colma until a permit for the work has been obtained and all fees paid in accordance with the requirements of this subchapter and the rules and regulations of the district.

[History: formerly § 3.804.08; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

The installation, use, maintenance, repair and inspection of all plumbing and sewers inside private property shall be subject to and governed by the Plumbing Ordinance of the Town of Colma and county, now existing or as hereafter amended.

[History: formerly § 3.804.09; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

If any section, subsection, sentence, clause or phrase of this subchapter or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this subchapter or the application of such provisions to other persons or circumstances. The City Council declares that it would have passed the ordinance codified in this subchapter or any section, subsection, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional.

[History: formerly § 3.804.10; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-7

I. USE OF PUBLIC SEWERS

No leaders from roofs, surface drains for rain water or storm sewers shall be connected to any sanitary sewer. No surface or storm water, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any sanitary sewer by any device or method whatsoever. The provisions of this section relating to surface or storm water shall not apply to those portions of the District which are served by combined sewers except in the following cases: in case of new construction, and/or alterations of such type that the entire structure be brought up to code, roof leaders and surface drains shall be connected to curb side.

[History: formerly § 3.824.01; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

No person shall discharge or cause to be discharged any of the following wastes to any public sewer, whether sanitary or combined:

(a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewerage works or to the wastewater treatment process. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the District, the State or EPA has notified the User is a fire hazard or a hazard to the system;

(b) Any waste containing toxic or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans, or create a public nuisance;

(c) Any waste having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the North San Mateo County Sanitation District;

(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewerage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, paper dishes, cups, containers, etc., either whole or ground by garbage grinders;

(e) Heat discharges which will inhibit biological activity or increase sewage temperature 40 degrees Centigrade (104 degrees Fahrenheit) at the inlet to the treatment plant;

(f) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits set by the District Manager in compliance with State or Federal regulations;

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-8

(g) Any substance which may cause the District's effluent or any other product of the District such as residues, sludges, or scums to be unsuitable for reclamation and reuse or which will cause the District to violate its NPDES Permit including wastewater containing in excess of:

Ammonia 40.0 mg/l Arsenic 0.3 mg/l Cadmium 0.7 mg/l Total Chromium 0.1 mg/l Copper 5.0 mg/l Cyanide 3.5 mg/l Lead 2.0 mg/l Mercury 0.2 mg/l Nickel 3.5 mg/l Silver 0.6 mg/l Zinc 5.0 mg/l Phenols 2.0 mg/l TICH 1.0 mg/l [History: formerly § 3.824.02; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

No person shall discharge or cause to be discharged the following described substances, materials, or wastes if it appears likely in the opinion of the District Engineer of the North San Mateo County Sanitation District that such wastes may harm either the sewers, sewage treatment process or equipment, or can endanger personnel or property or create a public nuisance. In forming his opinion as to the acceptability of these wastes, the District Engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers to which they discharge, sewer material, treatment process, treatment plant capacity and other pertinent factors. The substances so subject to prohibition include, but are not limited to:

(a) Any water or waste which may contain more than 100 milligrams per liter of fat, oil or grease;

(b) Any garbage that has not been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension;

(c) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials in the sewerage works;

(d) Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sewerage system, unless first approved in writing by the District Engineer,

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including payment of processing charges as set forth in this ordinance. Wastes of this category include but are not limited to: (1) septic tank pumpings; (2) chemical toilet wastes; (3) pleasure boat wastes; (4) industrial wastes collected in containers or tanks; (5) oils and grease; and (6) any other material, not classified as residential sewage, including chemicals and other materials stored on the premise of the user which might, directly or indirectly, enter the District sewer, accidentally or otherwise;

(e) Any wastes containing phenols or other taste or odor producing substances, in concentrations exceeding limits which may be established by the District Engineer of the North San Mateo County Sanitation District;

(f) Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids;

(2) Excessive discoloration;

(3) Unusual biochemical oxygen demand (BOD), chemical oxygen demand (COD), or
chlorine requirements in such quantities as to constitute a significant load on the sewage
treatment plant;

(4) Unusual volume of flow or slugs. As used herein, slug shall mean any discharge of water, sewage or waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flow during normal operation.

[History: formerly § 3.824.03; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

(a) If any wastes containing the characteristics listed in Sections 3.09.120 or 3.09.130, which in the judgment of the District Engineer may have a deleterious effect upon the sewerage works, process, equipment, or receiving water, is to be discharged to a public sewer, the District Engineer may do one or more of the following:

(1) Require pretreatment to an acceptable condition prior to discharging to a public
sewer;

(2) Require control over the quantities and rates of discharge;

(3) Require payment, in an amount established by the Board of Directors of the
District, to cover the added cost of handling and treating the wastes.

(b) If the District Engineer requires pretreatment or equalization of flow, the design and installation of the plants and equipment shall be subject to the review and approval of the District, and in accordance with the applicable sections with respect to industrial dischargers in Sections 3.828 et seq. below, and no construction of such facility shall commence until said approval is obtained in writing.

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-10

[History: formerly § 3.824.04; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Where pretreatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense and to the satisfaction of the District, in accordance with 3.828 et seq. below.

[History: formerly § 3.824.05; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Grease, oil and sand interceptors shall be provided when in the opinion of the District Engineer they are necessary for the proper handling of liquid wastes, containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity approved by the District Engineer, and shall be so located as to be readily and easily accessible for cleaning and inspection.

[History: formerly § 3.824.06; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

All grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all time.

[History: formerly § 3.824.07; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

When required by the District Engineer, the owner of any property served by the side sewer carrying industrial wastes shall install a suitable control man- hole in the side sewer to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the District Engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times, in accordance with Sections 3.09.230 et seq. below.

[History: formerly § 3.824.08; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, and shall be determined at the control manhole provided for in Section 3.09.380 or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected.

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-11

[History: formerly § 3.824.09; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

With the exception of provisions needed ton meet federal and State of California requirements for discharge to public sewers, no statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment, subject to payment therefore by the industrial concern and subject to such terms and conditions as might be required by the District.

[History: formerly § 3.824.10; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

It shall be allowable for any person to discharge the contents of a swimming pool into a sanitary sewer, with the following provisions:

(a) Filter backwash water will be wasted via an air gap to the sanitary sewer;

(b) A sump will be provided which is large enough to handle the anticipated flow;

(c) A backflow preventer will be installed so as to prevent contaminated water from flowing back into the swimming pool;

(d) The owner shall notify the District in advance of the discharging of water so that the District Inspector will be present during the operation.

[History: formerly § 3.824.11; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Construction of new residential and commercial uses shall contain low-flow plumbing fixture units as approved by the District.

[History: formerly § 3.824.12; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

II. INDUSTRIAL DISCHARGERS

When the District manager determines that a user(s) is contributing to the District any of the substances enumerated in section 3.09.120 & 3.09.130 in such amounts as to interfere with the operation of the sewage system, the District manager shall: (a) advise the user of the impact of the contribution on the sewage system and (b) develop effluent limitations(s) for such user to correct the interference with the sewage system.

[History: formerly § 3.828.01; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-12

Upon the official announcement of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this subchapter for sources in that subcategory, shall immediately supersede the limitations imposed under this subchapter. The District manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

[History: formerly § 3.828.02; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Where the District's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the District may apply to the EPA (with a copy to the regional board) for modification of specific limits in the federal pretreatment standards. Consistentremoval means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of GeneralPretreatment Regulations for Existing and New Sources of Pollution (Title 40 of the Code of Federal Regulations, Part 403) published pursuant to the Act. The District may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the EPA is obtained.

[History: formerly § 3.828.03; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this subchapter.

[History: formerly § 3.828.04; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

The Town of Colma reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in section 3.09.010 of this subchapter.

[History: formerly § 3.828.05; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant- specific limitation developed by the District or state, without prior written approval of the District.

[History: formerly § 3.828.06; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-13

Within five days following an accidental discharge, the user shall submit to the District manager 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 damage to the District, fish kills, 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 subchapter or other applicable law.

[History: formerly § 3.828.07; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

[History: formerly § 3.828.08; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

It is the purpose of this section to provide for the recovery costs from industrial users of the District's wastewater treatment and collection disposal system for the implementation of the program established herein including the following items:

(a) Fees for reimbursement of costs of setting up and operating the District's pretreatment program;

(b) Fees for monitoring, inspections and surveillance procedures;

(c) Fees for permit applications;

(d) Fees for consistent removal (by the District) of pollutants otherwise subject to federal pretreatment standards.

(e) Other fees as the District may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this section, and are separate from all other fees chargeable by the District. The fees will be determined by the District manager based on the cost of the items set out in this section. [History: formerly § 3.828.09; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

In addition to any other requirements of this subchapter, all significant users proposing to connect to or contribute to the District sewerage works shall obtain an industrial wastewater

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-14

discharge permit before connection.

[History: formerly § 3.828.10; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

(a) Users required to obtain an industrial wastewater discharge permit shall complete and file with the District an application containing the following information:

(1) Name, address, and location (if different from the address);

(2) SIC number according to the Standard Industrial Classification Manual, Bureau of
the Budget, 1972, as amended;

(3) Wastewater constituents and characteristics including but not limited to those
mentioned in subsection 3.09.120 & 3.09.130;

(4) Time and duration of contribution;

(5) Average daily and three-minute peak wastewater flow rates, including daily,
monthly and seasonal variations, if any;

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all
sewers, sewer connections, and appurtenances by the size, location and elevation;

(7) Description of activities, facilities and plant processes on the premises including
all materials which are or could be discharged;

(8) Where known, the nature and concentration of any pollutants in the discharge
which are limited by the District, state or federal pretreatment standards;

(9) If additional pretreatment and/or O&M will be required to meet the pretreatment
standards;

(10) Each product produced by type, amount, process or processes and rate of
production;

(11) Type and amount of raw materials processed (average and maximum per day);

(12) Number and type of employees, and hour of operation of plant and proposed or
actual hours of operation of pretreatment system;

(13) Any other information as may be deemed by the District to be necessary to
evaluate the permit application.

(b) The District will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the District may issue an industrial wastewater contribution permit subject to terms and conditions provided in this subchapter.

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-15

[History: formerly § 3.828.11; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

As required by the Clean Water Act, within nine months of the publication of a national categorical pretreatment standard, the industrial wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by section 3.09.330, the user shall apply for a wastewater contribution permit within one hundred eighty days after the publication of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the District manager within one hundred eighty days after the publication of an applicable federal categorical pretreatment standard the information required by subsections (a)(8) and (9) of section 3.09.330.

[History: formerly § 3.828.12; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Industrial wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the District and the Town of Colma.

[History: formerly § 3.828.13; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Industrial wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the District. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

[History: formerly § 3.828.14; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

(a) Compliance Data Report. Within ninety days following the date for final compliance with applicable pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the sewerage works, any industrial user subject to pretreatment standards and requirements shall submit to the District manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards o requirements are being met on a consistent basis and, if not, to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to be a qualified professional.

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-16

(b) Periodic Compliance Report. Any use subject to a pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the sewerage works, shall submit periodic compliance reports to the District manager as outlined in the industrial wastewater discharge permit. The report shall indicate the nature and concentration of pollutants in the effluent which are limited by the permit.

[History: formerly § 3.828.15; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

(a) The District may require to be provided and operated at the industrial user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the industrial user's premises, but the District may, when such a location would be impractical or cause undue hardship on the user, allow the facility be constructed, with permission of the city or county, in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

(c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the District's requirements and all applicable local construction standards and specifications.

[History: formerly § 3.828.16; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

The District may inspect the facilities of any user to ascertain whether the purpose of this subchapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the District or their representative ready access for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The District, regional board and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and metering operations. 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 guards so that upon presentation of suitable identification, personnel from the District, regional board and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.

[History: formerly § 3.828.17; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

(a) Users shall provide necessary wastewater treatment as required to comply with this

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subchapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the District shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the District for review and shall be acceptable to the District before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the District under the provisions of this subchapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the District prior to the user's initiation of the changes.

(b) The District shall annually publish in the San Mateo Times Newspaper, a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the twelve previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve months.

(c) All records relating to compliance with pretreatment standards shall be made available to the public, officials of the EPA or regional board, upon request, consistent with the requirements of the Public Access Act (Government Code sections 6250-6265).

[History: formerly § 3.82818; ORD. 405, 12/13/89; ORD. 638, 12/14/05]

Water Quality Control – No San Mateo County Sanitation District Colma Municipal Code (April 2006) Page 3.09-18

CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.10: Town of Colma Storm Water Management
and Discharge Control Code

I. TITLE, PURPOSE AND GENERAL PROVISIONS

This Subchapter 3.10 shall be known as the "Town of Colma Storm Water Management and Discharge Control Code" and may be so cited. This Code may be referenced throughout as “Chapter” or “Subchapter.”

[History: formerly § 3.901; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

The purpose of this Chapter is to ensure the future health, safety, and general welfare of Town of Colma citizens by:

(a) Eliminating non-storm water discharges to the municipal separate storm sewer.

(b) Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than storm water.

(c) Reducing pollutants in storm water discharges to the maximum extent practicable.

The intent of this Subchapter is to protect and enhance the water quality of our water courses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act.

[History: formerly § 3.902; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the storm water discharge permitting program issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this Subchapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant, and storm water. These terms and other terms presently are defined as follows:

(a) Authorized Enforcement Official. The City Manager or his/her designees.

(b) Best Management Practices ("BMPs"). Schedule of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States". BMPs also include green infrastructure, treatment

Storm Water Management & Discharge Control Code Colma Municipal Code (August 2019) Page 3.10-1

requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(c) City. The Town of Colma.

(d) City Storm Sewer System. Includes but is not limited to those facilities within the City by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which are not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR s 122.2.

(e) Construction activity. Any activity that disturbs soil, including, but not limited to, clearing, grading, paving, disturbances to ground such as stockpiling, and excavation.

(f) Discharge. (a) Any addition of any pollutant to the City storm sewer system or any water course, or (b) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(g) Illicit Discharge. Any discharge to the City storm sewer system or any watercourse or in any location that threatens to enter the City storm sewer system or any watercourse that is not composed entirely of storm water except discharges pursuant to a NPDES permit or otherwise authorized by this Subchapter.

(h) Green Infrastructure. A range of natural and built approaches to stormwater management—such as rain gardens, bioretention, and permeable paving—that mimic natural systems by cleaning stormwater and letting it absorb back into the ground. Green infrastructure could reduce the amount of runoff that enters the traditional piped stormwater system below ground and could prevent overflows that pollute nearby water bodies. Green infrastructure elements are mandated and further defined under the Municipal Regional Permit and the City’s Green Infrastructure Plan.

(i) Green Infrastructure Plan. The plan adopted by the City to implement the green infrastructure requirements in the Municipal Regional Permit.

(j) Municipal Regional Permit. The permit regulating discharges to and from the City’s storm sewer system issued by the San Francisco Bay Regional Water Quality Control Board, as it currently exists or may be reissued or amended (NPDES Permit No. CAS612008, Order No. R2-2015-0049).

(k) Non-Storm Water Discharge. Any discharge that is not entirely composed of storm water except those noted within a NPDES Permit and this Subchapter.

(l) Pollutant. Includes, but is not limited to: total suspended solids; sediment; pathogens (e.g. bacteria, viruses, protozoa); heavy metals (e.g. copper, lead, zinc, and cadmium); petroleum products and PAHs; synthetic organics (e.g. pesticides, herbicides, and PCBs); nutrients (e.g. nitrogen and phosphorus fertilizers); oxygen-demanding substances (e.g. decaying vegetation and animal waste); and trash. A pollutant also includes any increment of increase in the total volume of storm water runoff resulting from any activity or development

Storm Water Management & Discharge Control Code Colma Municipal Code (August 2019) Page 3.10-2

occurring after the effective date of this Subchapter unless provision is made for storm water detention so that the rate of runoff is not increased.

(m) Premises. Any building, lot parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

(n) Regulated project means development and redevelopment projects defined by Provision C.3.b.ii of the Municipal Regional Permit, including projects that create or replace 10,000 square feet or more of impervious surface, and restaurants, retail gasoline outlets, auto service facilities, and uncovered parking lots (stand-alone or part of another use) that create and/or replace 5,000 square feet or more of impervious surface. Single family homes that are not part of a larger plan of development are specifically excluded.

(o) Storm Water. Storm water runoff and surface runoff and drainage.

(p) Technical Guidance Document means the “C.3 Stormwater Technical Guidance” document developed by the San Mateo Countywide Water Pollution Prevention Program, June 2016, version 5.0, or most current version.

(q) Watercourse. A natural stream, creek, or man-made uncovered channel through which water flows continuously or intermittently.

[History: formerly § 3.903 – 3.909.27; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

This Chapter shall be administered for the City by the City Manager and his/her designees.

[History: formerly § 3.904; ORD. 465, 5/11/94; ORD. 638, 12/14/05]

This Subchapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CA0029921 and any amendment, revision or reissuance thereof.

[History: formerly § 3.905; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

If any portion of this Subchapter is declared invalid, the remaining portions of this Subchapter are to be considered valid.

[History: formerly § 3.906; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

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(a) It is the intent of this Subchapter to protect and enhance water quality while respecting the rights of private property owners to economically viable use of land. It is not the intent of this Subchapter to prohibit all economically viable use of any private lands, nor to result in a confiscatory impact. Accordingly, the purpose of this Section is to provide for an administrative procedure for a waiver or modification of a particular provision of this Subchapter in the event the strict application of this Subchapter would result in the denial of all economically viable use of real property.

(b) An applicant for waiver of a provision of this Subchapter shall file a Waiver Application with the City Engineer on a form provided by the City Engineer identifying the provision sought to be waived or modified. The applicant shall file a complete form and shall provide all documentation and information required by the City Engineer to determine whether application of the provision in question will prohibit any economically viable use of the land in question or otherwise have an impermissible confiscatory result.

(c) The City Engineer may approve, deny or conditionally approve a Waiver Application upon making all of the following written findings:

(1) That the strict application of the provision for which a waiver or modification is
sought would result in the denial of all economically viable use of the real property in
question.

(2) To the maximum extent feasible, conditions have been placed upon such a
waiver or modification in order to achieve the goals of this Subchapter as closely as
possible while still allowing economically viable use of the real property in question.

(3) Approval of such a waiver will not result in a public nuisance which would
constitute a significant and direct threat to public health or safety.

[History: formerly § 3.907 – 3.907.3.3; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD.
795, 8/28/19]

The City may adopt reasonable fees to recover the cost of setting up and operating a stormwater pollution prevention program, including but not limited to fees for permit application and processing, monitoring and inspection, compliance actions, appeals, and other charges deemed necessary to carry out the requirements carried out herein. These fees relate solely to the matters covered by this Subchapter and are separate from all other fees, fines, and penalties charged by the City. Such fees shall be in amounts established by resolution of the City Council.

[History: formerly § 3.908 – 3.908.1.2; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

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II. DISCHARGE REGULATIONS AND REQUIREMENTS

(a) Except as otherwise authorized under Section (b) or (c), the following are prohibited:

(1) Discharge of non-storm water to the City storm sewer system or any water
course;

(2) Placement of any solid waste at any place where it may contact or be
transported to the City storm sewer system or any watercourse, including a flood plain
area;

(3) Cause, allow or facilitate any illicit discharge;

(4) Discharge, cause, allow or facilitate any discharge that may cause or threaten to
cause a condition of pollution or nuisance as defined in Water Code Section 13050, that
may cause, threaten to cause or contribute to an exceedance of any water quality
standard in any Statewide Water Quality Control Plan, California Toxics Rule, or Basin
Plan, or that may cause or contribute to the violation of any receiving water limitation.

(b) Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition set forth in Section (a) above unless the City or Regional Water Quality Control Board determines them to be a source of pollution or to cause or threaten a violation of the Municipal Regional Permit or other law or regulation:

(1) A discharge regulated under and in compliance with a National Pollutant
Discharge Elimination System (NPDES) Permit issued to the discharger, provided that
the discharger is in full compliance with all requirements of the permit and other
applicable laws or regulations.

(2) Flows from riparian habitat and wetlands; diverted stream flows; flows from
natural springs; rising ground waters; uncontaminated and unpolluted ground water
infiltration; single family homes’ pumped groundwater, foundation drains, and water
from crawl space pumps and footing drains; and pumped groundwater from drinking
aquifers (excluding well development).

(c) Conditionally Exempted Discharges. The following discharges are prohibited, except in compliance with the best management practices and other restrictions required by the Municipal Regional Permit or other regulations; pumped groundwater, foundation drains, and water from crawl space pumps and footing drains; condensate from air conditioning units but only if discharge to landscaped areas or the ground it not feasible; emergency discharges of potable water; discharges from pools, hot tubs, spas, and fountains; irrigation water, landscape irrigation, and lawn or garden watering.

[History: formerly § 3.909; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Storm Water Management & Discharge Control Code Colma Municipal Code (August 2019) Page 3.10-5

Any discharge that would result in or contribute to a violation of the Municipal Regional Permit, the terms of which are incorporated herein by reference, and which is on file in the office of the City Clerk, and any amendment, revision or reissuance thereof, either separately or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify, and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.

[History: formerly § 3.910; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

It is prohibited to commence or continue any illicit discharges to the City storm sewer system.

[History: formerly § 3.911 – 3.911.4; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Any person engaged in activities which will or may result in pollutants entering the City storm sewer system shall undertake all best management practices necessary to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as construction sites, parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following requirements apply at a minimum:

(a) Littering. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandon objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds. The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the absence of occupant or tenant, the owner, lessee, or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain said sidewalk free of litter to the maximum extent practicable. No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City.

(b) Green Infrastructure. Every regulated project must incorporate Green Infrastructure approved by the City and in accordance with all applicable City standards and requirements, including the latest edition of the City’s Green Infrastructure Plan. Green Infrastructure facilities shall be designated to minimize the need for maintenance.

(c) Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the City storm sewer system.

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(d) Best Management Practices for New Developments and Redevelopments. The proponent of any new development or redevelopment project must address storm water runoff pollutant discharges and prevent increases in runoff flows from the new development or redevelopment project by incorporating post-construction storm water control and low impact development measures required by the current version of the Technical Guidance Document. Best management practices may include but are not limited to full trash capture devices, green infrastructure, low impact development measures, post-construction treatment controls, and hydromodification management measures. The City may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants.

(e) Best Management Practices for Construction Activities. It is unlawful for any person to commence any construction activity without implementing all storm water and pollutant mitigation measures required by the Municipal Regional Permit, the Technical Guidance Documents, and any local regulations implementing the Municipal Regional Permit. Any person performing construction activity in the City must implement best management practices that prevent the discharge of pollutants to the City’s storm sewer system.

(f) Best Management Practices for Commercial and Industrial Sites. The owner and operator of any premises where pollutants from business-related activities may enter the storm water conveyance system must prevent such a discharge and must implement appropriate and effective BMPs and other pollutant controls to eliminate and prevent pollutants in runoff.

(g) Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by the City for any activity, operation, or facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements (as may be identified by the City Engineer).

(h) Maintenance Responsibility. The applicant for a regulated project that is required to install green infrastructure measures must submit a maintenance plan for and proof of maintenance responsibility to the satisfaction of the Authorized Enforcement Official. The maintenance plan must include a schedule for maintenance of the green infrastructure and must identify the person or entity responsible for ongoing maintenance, such as the owner of the property, a homeowner’s or property owners’ association, or the city. The person or entity responsible for ongoing maintenance must, as a condition of development, enter into an agreement with the City to the satisfaction of the Authorized Enforcement Official, which must be recorded with the County Recorder. The agreement must include provisions for the perpetual operation, maintenance, repair, and replacement of green infrastructure measures and must include a maintenance schedule for the green infrastructure measure(s).

[History: formerly § 3.912; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Every person owning property through which a watercourse passes, or such person’s lessee or tenant, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate, or

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significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

[History: formerly § 3.913; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

III. INSPECTION AND ENFORCEMENT

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever an Authorized Enforcement Official has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this Chapter, the Authorized Enforcement Office may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Authorized Enforcement Official by this Chapter; provided that (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; (ii) if such building premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of an inspection warrant. In the event the property owner and/or occupant refuses entry after such request has been made, the Authorized Enforcement Official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this Subchapter, including but not limited to random sampling and/or sampling in areas with evidence of storm water contamination, illicit discharges, discharge of non-storm water to the City storm sewer system, or similar factors.

[History: formerly § 3.913.1; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

The City shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the Authorized Enforcement Official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

[History: formerly § 3.913.2; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants, or waste which

Storm Water Management & Discharge Control Code Colma Municipal Code (August 2019) Page 3.10-8

may result in pollutants or non-storm water entering the City storm sewer system, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the City of the occurrence and steps taken to contain and clean up the spill or containment by telephoning the City Engineer at City Hall, Colma, California and confirming the notification by correspondence to the City Engineer, c/o City Hall, Town of Colma, 1198 El Camino Real, Colma, California 94014.

[History: formerly § 3.913.3; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Any Authorized Enforcement Official may request that any person engaged in any activity or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the City storm sewer system, undertake such monitoring activities and/or analysis and furnish such reports as the Authorized Enforcement Official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested.

[History: formerly § 3.914; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Unless otherwise specified , the violation of any provision of this Chapter, or failure to comply with any of the mandatory requirements of this Chapter shall constitute a misdemeanor, except that notwithstanding any other provisions of this Subchapter, any such violation constituting a misdemeanor under this Chapter may, at the discretion of the enforcing authority, be charged and prosecuted as an infraction.

[History: formerly § 3.915; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Unless otherwise provided, a person, firm, corporation or organization, shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

[History: formerly § 3.916; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.

[History: formerly § 3.917; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

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In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of the following remedies:

(a) A temporary and/or permanent injunction.

(b) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection.

(c) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorney’s fees and court costs.

(d) Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this Subchapter.

[History: formerly § 3.918; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

In addition to the other enforcement powers and remedies established by this Subchapter, any Authorized Enforcement Official has the authority to utilize administrative remedies and is authorized to enforce the provisions of this Subchapter in accordance with the enforcement response plan(s) required by the Municipal Regional Permit. Administrative remedies include but are not limited to the following:

(a) Nuisance abatement in accordance with Subchapter 2.01;

(b) Notice of violation;

(c) Cease and desist order;

(d) Compliance order;

(e) Permit revocation and denial;

(f) Stop work order;

(g) Notice of ineligibility for land development after a hearing pursuant to Subchapter 1.12;

(h) Referral to regulatory agencies;

(i) Monetary penalties;

(j) Cost recovery

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[History: formerly § 3.919; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

Remedies under this Subchapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

[History: formerly § 3.920; ORD. 465, 5/11/94; ORD. 638, 12/14/05; ORD. 795, 8/28/19]

IV. COORDINATION WITH OTHER PROGRAMS

Program.

The first revision of the business plan for any facility subject to the City’s hazardous materials inventory and response program shall include a program for compliance with this Chapter, including the prohibitions on non-storm water discharge and illicit discharges, and the requirements to reduce storm water pollutants to the maximum extent practicable.

[History: formerly § 3.920; ORD. 465, 5/11/94; ORD. 638, 12/14/05, ORD. 795, 8/28/19]

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CHAPTER THREE: ENVIRONMENTAL PROTECTIONS

Subchapter 3.11: Woodburning Appliances

Subchapter 4.04: Regulation of Food Establishments, Issuance of Permits, Fees and Penalties

4.04.010 Definitions
4.04.020 Compliance
4.04.030 Application for Permit
4.04.040 Issuance of Permit
4.04.050 Fees
4.04.060 Standards
4.04.070 Exceptions
4.04.080 Rules and Regulations
4.04.090 Penalty
4.04.100 Suspension and Revocation
4.04.110 Appeal
4.04.120 Severability
4.04.130 Repealed