Del Mar Municipal Code Ch. 22.04 General (CA)

22.04.010 - Definitions.¶

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section.

A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).

B. Other terms not herein specifically defined shall have the same definition as set forth in the latest adopted editions of the California Codes of Regulations applicable to building construction adopted pursuant to the California Building Standards Law.

C. Subject to the foregoing provisions, the following definitions shall apply in these regulations:

Applicant means any person who applies for connections to the sewer system.
Assessment means a levy of special assessment which is shown on the records of the City. Any other assessment for a sewer main shall be construed as a nominal or partial assessment for the purposes of this Chapter.
Best Management Practices means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of Fats, Oils, and Grease (FOG) to the sewer facilities as more specifically provided for in Subsection 22.08.051.B. of these regulations.
Change in Operations. Any change in the ownership, food types, operational procedures or business practices that have the potential to increase the amount of FOG generated and/or discharged by Food Service Establishments in an amount that alone or in conjunction with other FOG discharges causes or creates a potential for sanitary sewer overflows (SSOs) to occur.
City. The City of Del Mar or the City Council of Del Mar.
Composite Sample. A collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the waste stream discharged during the sample period.
Department. The Department of Public Works of the City. Action of the Department may be taken by the Director of Public Works or his duly authorized representative.
Director. The person designated by the City Manager to have charge of the administration and supervision of the Public Works Department, and such other duties as the City Manager may prescribe.
Discharger. Any person who discharges or causes a discharge of wastewater or waste directly or indirectly to the sewer facilities. Discharger shall mean the same as User.
Effluent. Any liquid outflow from a Food Service Establishment that is discharged to the sewer facilities.
Equivalent Dwelling Unit means the unit of measure which is based on the flow characteristics of an average single-family residence in terms of sewage quantity and constituent quality.
Extension means an extension of an existing sewer main.
Fats, Oils, and Grease ("FOG") means any substance such as a vegetable or animal product that is used in, or is a by-product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies or may solidify with a change in temperature or due to other conditions. Discharges of FOG to the sewer system from a Food Service Establishment constitute the discharge of industrial waste.
FOG Control Program means the FOG control program required by and developed pursuant to SWRCB Order No. 2006-0003-DWQ, Section (D)(13)(vii) and by the RWQCB directive R9-2007-0005.
FOG Control Program Administrator means the individual designated by the City Manager to administer the FOG Control Program. Except as otherwise set forth in this Chapter, the FOG Control Program Administrator is responsible for all determinations of compliance with the FOG control program.
Food Service Establishment means facilities defined in California Uniform Retail Food Facilities Law (CURFFL), California Health and Safety Code Section 113785, and any commercial entity discharging directly or indirectly to the City's sewer system, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood.
Food Grinder means any device installed for the purpose of grinding food waste or food preparation by-products for disposal to the sewer system.
General Business/Institutional shall mean all businesses, offices, governmental agency offices and any other similar user not otherwise included in another category and with a combined sewer strength of less than or equal to a Single-Family Residence.
Grab Sample. A sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
Gravity Grease Interceptor means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a Food Service Establishment and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.
Grease means any material which is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in "Standard Methods" (includes fats and oils).
Grease Control Device means any gravity grease interceptor, hydromechanical grease interceptor or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG prior to discharge into the sewer system. "Grease control device" may also include any other proven method to reduce FOG subject to the approval of the City.
Hotel/Motel means all living units of a transient nature including hotel and motel rental room units, and also living units of a permanent nature which do not contain any kitchen facilities. Excluded from the category are Major Full Service Hotels.
Hot Spots means areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of the sewer system.
Hydromechanical Grease Interceptor means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a gravity grease interceptor or other grease control device is determined to be impossible or impracticable. Formerly referred to as a grease trap.
Industrial Wastewater means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water. Includes all waste-water from any producing, manufacturing, processing, institutional, commercial or agricultural source.
Inflow means surface, storm water or urban runoff which enters the sewer system. Inflow may, in certain circumstances, cause a rapid increase in wastewater flows.
Infiltration means water entering the sewer system from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.
Inspector means a person authorized by the City Manager to inspect any existing or proposed wastewater or waste generation, conveyance, processing and/or disposal facilities.
Interceptor means a hydromechanical or gravity grease interceptor.
Interference means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the City's sewer system, collection processes or operations; or is a cause of violation of Chapter 22 of the City of Del Mar Municipal Code.
Limited Food Preparation Establishment means an establishment engaged only in reheating, hot holding or assembly of ready-to-eat (precooked and prepackaged) food products from which establishment there is only a de minimus discharge of FOG to the sewer system. A limited food service preparation establishment is not considered a Food Service Establishment under this Chapter. A limited food preparation establishment does not include any preparation that changes the form, flavor or consistency of food. Any person who contends that he/she/it meets the definition of a limited food preparation establishment shall have the burden to establish that he/she/it meets the criteria set forth in this definition.
Main means an existing sewer main in the sanitary sewer system of the City.
Major Full-Service Hotel shall mean a full-service facility having rooms, restaurant(s) and/or bars serving food, and/or providing room service from an on-site kitchen.
Manifest means that receipt to be retained by the generator of wastes for disposing of recyclable wastes or other liquid or solid wastes as required by the City or a regulatory agency.
New Construction means any structure planned or under construction for which a sewer connection permit has not been issued.
Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
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 to the sewer system.
Regulatory Agencies means regulatory agencies shall mean those agencies having regulatory jurisdiction over environmental quality matters, including, but not limited to:

a. United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA).

b. California State Water Resources Control Board (SWRCB).

c. California Regional Water Quality Control Board, San Diego Region (RWQCB).

d. Air Pollution Control District, County of San Diego, Air Quality Management District (AQMD).

e. California Department of Health Services (DOHS).

f. San Diego County Department of Environmental Health (DEH).

Remodeling means a physical or operational change (a) causing an increase in the amount of FOG discharged to the sewer system by a Food Service Establishment which amount, alone or in conjunction with other FOG discharges, causes or creates a potential for an SSO to occur; or (b) exceeding a cost of $50,000.00 to a Food Service Establishment, requiring a building permit, and involving any one or combination of the following: (1) under slab plumbing in the food processing area, (2) a 30 percent increase in the net public seating area, (3) a 30 percent increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment.
Residential shall refer to all living or dwelling units (as defined by the Uniform Building Code) of a permanent, rather than transient nature, including single-family residences, apartments, manufactured homes, townhouses and condominiums.
Restaurant shall mean all establishments whose principal activity involves on-premise service of meals and food, including coffee shops and cafes. Also included in this category are bakeries whose principal activity involves the production of baked goods on-site.
Sample Point means a location approved by the City, from which industrial wastewater can be collected that is representative in content and consistency of the entire flow of industrial wastewater being discharged to the sewer system.
Sampling Facilities means structure(s) provided at the user's expense for the City or user to measure and record wastewater constituent mass concentrations, collect a representative sample, or provide access to plug or terminate the discharge to the sewer system.
Sewage means wastewater.
Sewer Connection or lateral means the service pipes extending from the private property line to the public sewer main in a public street, alley or easement.
Sewer System means the sewer system of the City, as acquired by the City from the Del Mar Utilities, together with any additions thereto.
Shopping Center shall be defined as more than one commercial unit connected to the same water meter where at least one business exists whose principal activity falls into the restaurant category. Also included in this category are any businesses defined as a Take-Out-Food Business.
Sludge means any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.
Supermarket shall mean all businesses whose principal activity involves retail sale of groceries and which have on-site waste grinders attached to the sanitary sewer system.
Take-Out-Food Business shall be defined as all drive-ins, sandwich shops, fast food outlets and similar businesses whose principal activity involves food services but which do not provide on-premises eating facilities or which provide only disposable eating implements (paper plates, plastic utensils, etc.).
Twenty-five percent Rule. Requirement for gravity grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed 25 percent of the design hydraulic depth of the gravity grease interceptor. This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG prior to entry into the public sewer system.
User means any person who discharges or causes a discharge of wastewater or waste directly or indirectly to sewer facilities. "User" shall mean the same as Discharger.
Waste means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
Wastewater means 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 sewer system.
Waste Minimization Practices means plans or programs intended to reduce or eliminate discharges to the sewer system or to conserve water, including, but not limited to, product substitutions, housekeeping practices, inventory control, employee education, and other steps as necessary to minimize waste or wastewater produced.
Wastehauler means any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.
Wastewater means 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 sewer system.
Wastewater Constituents and Characteristics means the individual chemical, physical and bacteriological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the quality and quantity of wastewater.

D. Words used in these regulations in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary.

(Ord. No. 106, § 1; Ord. No. 488; Ord. No. 472; Ord. No. 655; Ord. No. 828; Ord. No. 831; Ord. No. 1008, § 2(Exh. C), 5-20-2024)

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22.04.020 - Service and Connection Charges.¶

A. The sewer service and connection charges for each residential, commercial or other persons using the municipal sanitary sewer system of the City shall be:

Bimonthly Service Charge.

Single-Family: The bimonthly wastewater (sewer) service for single-family is equal to the charge for a ⅝" meter of $127.10, regardless of size, beginning January 1, 2024; $141.60 beginning July 1, 2024; $144.43 beginning July 1, 2025; $147.32 beginning July 1, 2026; $150.27 beginning July 1, 2027; and $153.28 beginning July 1, 2028.

Multi-Family, Commercial, Institutional: The sewer service for each multi-family, commercial or institutional service using the municipal sanitary system of the City shall be:

Bimonthly Service Charge Effective:

Meter Size	7/1/24	7/1/25	7/1/26	7/1/27	7/1/28
⅝"	$141.60	$144.43	$147.32	$150.27	$153.28
¾"	$212.40	$216.65	$220.98	$225.40	$229.91
1"	$354.00	$361.08	$368.30	$375.67	$383.18
1 ½"	$708.00	$722.16	$736.60	$751.33	$766.36
2"	$1,132.80	$1,155.40	$1,178.57	$1,202.14	$1,226.18
3"	$2,265.60	$2,310.91	$2,357.13	$2,404.27	$2,452.36
Fairgrounds	$53,045.02	$54,105.92	$55,188.04	$56,291.80	$57,417.64

Bimonthly Commodity/Volume Charge. For single family residential users the bimonthly commodity/volume charge will be based on winter water usage subject to the limitations of the sewer cap which is set annually each July 1. The sewer cap will be derived using 100 percent of the water usage for the lowest billing period (two months) during the wet winter months, October through April. If that calculation yields a number less than eight units, the cap will be set at eight units.

Each billing period the single-family residential customer sewer commodity charge will be calculated by using 100 percent of the water used during that billing period by the single family residential commodity rate in effect. If the 100 percent calculation yields a water usage amount that exceeds the individual customer's cap, the customer will be billed for the cap amount. The cap will not apply in calculating the commodity charge for residential customers who have installed sub-meters or irrigation meters where household use without irrigation can be calculated.

Bimonthly Commodity Rate/Volume Charge (cost per unit based on winter water use) Effective:

	7/1/24	7/1/25	7/1/26	7/1/27	7/1/28
Single-Family Residential	$9.44	$9.63	$9.82	$10.02	$10.22
General/Multi-Family	$9.44	$9.63	$9.82	$10.02	$10.22
Fairgrounds:* (*100% of metered use)	$9.44	$9.63	$9.82	$10.02	$10.22

* The sewer commodity rate for the Fairgrounds is subject to change pending results of required annual strength testing. If strength measurements increase, the commodity rate will increase accordingly. Reductions in strength measurements will result in a commensurate decrease in the commodity rate.

Pass-Through Fees and Charges for Wastewater Treatment and Transportation. All City of San Diego fees and charges for the treatment and transportation of Del Mar's wastewater shall be passed through to Del Mar sewer utility customers.
Fats, Oils, and Grease Program Non-Compliance Bimonthly Service Surcharge and Volume Charge. Restaurants not compliant with the City's Fats, Oils, and Grease Program as identified in this Chapter 22.04 and Chapter 22.08 of the Del Mar Municipal Code may be assessed an additional FOG Program Non-Compliance Surcharge in addition to the monthly service charges identified above. The FOG Program Non-Compliance Surcharge shall be assessed on a bimonthly basis as a fixed additional bimonthly service charge as follows:

7/1/19	1/1/20	1/1/21	1/1/22	1/1/23	1/1/24
$82.11	$86.22	$90.53	$95.05	$99.81	$104.80

An additional volume charge will also apply to 90 percent of water usage as follows:

7/1/19	1/1/20	1/1/21	1/1/22	1/1/23	1/1/24
$12.42	$13.01	$13.66	$14.34	$15.06	$15.81

Sub Meters. If the property owner determines that it is in his/her best interest, a sub meter may be used to establish the wastewater units of return to sewer for the residential customer.

a. Readings obtained from sub meters installed for the purpose of measuring exclusively indoor water use in hundred cubic feet (HCF) may be used by the City for the purpose of calculating the sewer commodity charge if the following conditions are met:

(1) An application requesting that the water readings from a sub meter be considered in determining the sewer commodity charge must be completed by the customer prior to the installation of a new sub meter. The application must, as a minimum, grant the City reasonable access to the property to read the sub meter on a periodic basis.

(2) The use of the sub meter must be pre-approved by the Public Works Director.

(3) The sub meter must be connected to a water line exclusively used for indoor water use, and shall read in units of water (HCF). The applicant agrees to City inspection and verification of indoor use.

(4) The sub meter must be registered, inspected and certified by the County Department of Agriculture, Weights, and Measures before its installation and every four years thereafter.

(5) A monthly service charge will be imposed for the meter reading during which the usage is recorded. That charge shall be 50 percent of the monthly water service charge for a ⅝" water meter.

b. It shall be the responsibility of the property owner to obtain and install, at the property owner's expense, the sub meter subject to the requirements of this section.

c. A penalty, requiring removal of the sub meter for a period of five years, will be imposed by the City for any sub meter found to be tampered with, adjusted, or improperly installed to produce false readings. It shall be the responsibility of the property owner to pay for the removal of the sub meter.

B. Connection and Installation Fees. The connection fee for a new connection needing to acquire capacity in the sewer system for the first time or upsizing an existing connection will be set as follows:

Meter Size	1/1/15
⅝"	$6,443.54
¾"	$9,665.31
1"	$16,108.84
1½"	$32,217.69
2"	$51,548.30
3"	$103,096.61

Existing customers upsizing their water meter will be given a credit commensurate with the connection fee for the current meter.

C. Sewer Installation Fee. The owner or applicant for a connection to the City sewer system shall pay to the City an amount equal to the cost for labor and materials of the installation.

(Ord. No. 561; Ord. No. 651; Ord. No. 655; Ord. No. 665; Ord. No. 688; Ord. No. 699; Ord. No. 714; Ord. No. 731; Ord. No. 769; Ord. No. 828; Ord. No. 903; Ord. No 948, § 2, Exh. C, 6-3-2019; Ord. No. 1008, § 2(Exh. C), 5-20-2024)

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22.04.030 - Same—Billing and Payment.¶

All sewer service charges imposed under the provisions of this Chapter shall be due and payable at the times and in the manner provided for the payment of water bills. Such sewer service charges shall be billed to the owner or occupant of the premises on the same bill on which the water is billed to such owner or occupant, and shall be subject to the same penalties for delinquency. Such combined bill for water consumed and for sewer service charge shall be paid in its entirety and may not be severed for the separate payment of either portion thereof. Where the premises consumes water from a source other than the City water system, the sewer service charge shall be billed to the owner or occupant of the premises in a separate bill. The sewer service charge may be collected by suit in any court of competent jurisdiction or any other manner.

(Ord. No. 106, § 20; Ord. No. 301, § 3; Ord. No. 1008, § 2(Exh. C), 5-20-2024)

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22.04.040 - Suspension of Sewer Service.¶

When deemed necessary by the Director of Public Works for the preservation of public health or safety or for the protection of public or private property, he may suspend sewer service to any person or persons using the sewer system in a manner or way to endanger the public health or safety of public or private property. In suspending service, he may sever all pertinent connections to the public sewer. If such endangerment shall be imminent, then the Director may act immediately to suspend sewer service coincident with notice or warning to such person.

(Ord. No. 106, § 16; Ord. No. 1008, § 2(Exh. C), 5-20-2024)

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22.04.050 - Right of Inspection.¶

The officers, employees or inspectors of the Water Utilities Department shall have the right to enter upon the premises of any person at reasonable hours to inspect or determine if this Chapter is being violated.