Diamond Bar Municipal Code Div. 1 Generally

This chapter shall be known as the "sanitary sewer and industrial waste ordinance," and may be cited as such.

(Ord. No. 14(1989), § 2(20.24.010), 6-27-89)

The definitions in this section shall govern the construction of this chapter, and any permits issued under this chapter, unless otherwise apparent from the context.

Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq.

Cesspool means and is a lined excavation in the ground which receives the discharge of a drainage system, or part thereof, so designed as to retain the organic matter and solids discharging therein, but permitting the liquids to seep through the bottom and sides, and constructed pursuant to the provisions of the division 5 of chapter 15.00 of this Code.

Chief engineer means the chief engineer of the county sanitation district, the municipal water district or county water district that owns and operates public sanitary sewerage facilities, or the county flood control district, or his authorized deputy, agent or representative. The district referred to shall be that one stipulated by the context.

Chimney means a vertical section of a sewer pipe extending either from a vertical tee set 90 degrees to the main line or from a long radius one-quarter bend set vertically at the curb of property line, and in either case suitably reinforced with concrete.

County health officer means the director of health services of the county, or his authorized deputy, agent, representative or inspector.

County sanitation district means the Sanitation Districts of Los Angeles County.

Dairy wastes means the waste liquids incident to operation of a dairy, including washwater from the milking barn, milk house, bottle washing equipment, and similar devices.

Director means the director of public works of the city, or his authorized deputy, agent, representative or inspector.

Domestic sewage means the waterborne wastes derived from ordinary living processes, and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system.

Effluent means the liquid flowing out of any treatment plant or facility constructed and operated for the partial or complete treatment of sewage or industrial waste.

EPA means the United States Environmental Protection Agency.

Frontage means the length or width in feet applied to a lot based on the benefit received from the abutting sewer, as determined by the city engineer.

House lateral means that part of the sewer piping within the street or right-of-way which extends from the property or sewer right-of-way line to a connection with the mainline sewer.

Indirect discharge or discharge means the introduction into a sewer of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act.

Industrial building means any building, structure or works which is, or which is designed to be used for the manufacture, processing or distribution of materials, equipment, supplies, food or commodities of any description; or which is used or designed to be used as a school, sanitarium, hospital, penal institution or charitable institution, together with all appurtenances thereto and the surrounding premises under the same ownership or control.

Industrial connection sewer means that part of the sewer piping within the street or right-of-way which extends from the property or sewer right-of-way line to a connection with the mainline sewer through which is discharged industrial waste.

Industrial user or user means a source of indirect discharge.

Industrial waste means any and all waste substances, liquid or solid, except domestic sewage, and includes among other things radioactive wastes and explosive, noxious or toxic gas when present in the sewage system.

Industrial waste treatment facility means any works or device for the treatment, storage or control of industrial waste within a site prior to disposal.

Inspector means the authorized inspector, deputy, agent or representative of the city engineer.

Interceptor means and is a device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from wastes.

Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources:

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(2) Is therefore a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder, or more stringent state or local regulations: Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act, and the Marine Protection, Research and Sanctuaries Act.

Licensed contractor means a contractor having a valid license issued pursuant to Business and Professions Code § 7000 et seq., which license includes the activities listed on the permit applied for.

Lot means any piece or parcel of land bounded, defined or shown upon a map or deed recorded or filed in the office of the county recorder; provided, however, that if any building or structure covers more area than a lot, the term "lot" shall include all such pieces or parcels of land upon which the building or structure is wholly or partly located together with the yards, courts and other unoccupied spaces legally required for the building or structure.

Mainline sewer means any public sewer in a dedicated right-of-way in which changes in alignment and grade occur only at manholes, or where angle points or curves between manholes have been approved by the city engineer. Such sewers are generally eight inches or more in diameter.

National categorical pretreatment standard, NCPS, national pretreatment standard, pretreatment standard, or standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

New source means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act applicable to such source.

NPDES permit means a National Pollution Discharge Elimination System permit issued pursuant to section 402 of the Act.

Off-site disposal means the disposal or removal of industrial wastes or other materials regulated by this chapter to a site other than the premises where the wastes were generated whether or not such site is under the control of the industrial waste permittee.

On-site disposal means the management, treatment, control or disposal, other than to the public sewer system, of industrial wastes or other materials within the premises named in an industrial waste disposal permit, whether or not the wastes were generated at the permitted site or by the permittee.

Pass through means a discharge which exits the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.

Permittee means the person to whom a permit has been issued pursuant to the provisions of this chapter.

Person means an individual human being, a firm, partnership or corporation, his or their heirs, executors, administrators, assigns, officers or agents, the county, and any municipal, quasi-municipal or government agency, or district or officers thereof.

Pollution of underground or surface waters means affecting the chemical, physical, biological and radiological integrity of such waters by manmade or man-induced activities.

Publicly owned treatment works or POTW means a treatment works as defined by section 212 of the Act, which is owned by a state or municipality, as defined by section 502(4) of the Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. For the purpose of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from outside the municipality by contract.

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 a POTW or other disposal facility. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by use of an industrial waste treatment facility or other means, except as prohibited by 40 CFR 403.6(d).

Public sewer means a mainline sanitary sewer, dedicated to public use.

Radioactive material means any material composed of or containing chemical elements which spontaneously change their atomic structure by the emission of alpha or beta particles or gamma rays or any other particles or rays or forms of energy.

Rainwater diversion system means any device designated to prevent the entry of stormwaters into the public sewer system or other waste disposal or treatment systems, and to redirect storm flows to appropriate areas.

Seepage pit means a lined excavation in the ground which receives the discharge of a septic tank, so designed as to permit the effluent from the septic tank to seep through its bottom and sides.

Septic tank means a watertight receptacle which receives the discharge from a sewer system, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a drainfield system or one or more seepage pits.

Septic tank effluent means effluent from private septic tanks and shall be considered, for the purposes of this chapter involving the discharge of septic tank effluent to a Septic Tank Effluent Pumping pressure sewer system (STEP), the same as industrial waste. Whenever this chapter refers to industrial waste, the reference shall include septic tank effluent.

Sewage means any waterborne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, roof or yard drainage.

Sewage pumping plant means any works or device used to raise sewage from a lower to a higher level or to overcome friction in a pipeline.

Sewer disposal means the disposal of industrial wastes or other materials into the public sewer system by means of a direct connection to the public sewer system from the premises named in an industrial waste disposal permit.

Standard industrial classification or 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, as amended.

STEP system means a septic tank effluent pumping system which is a public sewer system, operating under pressure and especially designed to receive effluent from private septic tanks.

Tapping means the forming of a tee or wye branch connection to a mainline sewer by installing a tee or wye saddle after the sewer is in place.

Tee or T means a fitting for a branch on which the spur joins the barrel of the pipe at an angle of approximately 90 degrees.

Tee saddle means a short pipe fitting with a shoulder at one end to allow the application of the fitting to a hole tapped in the mainline sewer such that the short pipe shall form a 90-degree angle from the mainline sewer pipe.

Trunk sewer means a sewer under the jurisdiction of a public entity other than the city.

Uncontrolled discharge means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge.

Waste disposal facility means any dump, solid waste disposal site, transfer station, sanitary landfill, land reclamation project, incinerator (except household incinerators and wood refuse to be burned in a suitable furnace), or other similar site or facility which is used or intended to be used for the acceptance for transfer, salvage or disposal of rubbish, garbage or industrial waste, whether liquid or solid.

Water pollution control plant means any works or device for treating sewage except any industrial waste treatment facility, and except any private sewage disposal system covered by division 5 of chapter 15.00 of this Code.

Wye or Y means a fitting for a branch on which the spur joins the barrel of the pipe at an angle of approximately 45 degrees.

Wye saddle means a short pipe fitting with a shoulder at one end to allow the application of the fitting to a hole tapped in the mainline sewer such that the short pipe shall form a 45-degree angle from the mainline sewer pipe.

(Ord. No. 14(1989), § 2(20.20.010—20.20.410), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

(a) This chapter shall apply to the discharge, deposit or disposal of all wastes, including any material which may cause pollution of underground or surface waters, in, upon or affecting the city; and the design, construction, alteration, use and maintenance of public sewers and house laterals, industrial connection sewers, water pollution control plants, sewage pumping plants, industrial liquid-waste pretreatment plants, dairy screen-chambers, sand and grease interceptors, and appurtenances; the issuance of permits and the collection of fees therefor, and fees to pay the cost of checking plans, inspecting the construction and making record plans of the facilities permitted hereunder; and providing penalties for violation of any of the provisions of this chapter.

(b) This chapter does not apply to any county sanitation district or to any work performed for a county sanitation district that owns and operates public sanitary sewerage facilities within its boundaries, nor to any work performed for such district.

(Ord. No. 14(1989), § 2(20.24.020, 20.24.030), 6-27-89)

Any time limit provided for in the provisions of this chapter may be extended by mutual written consent of both the officer or department concerned and the permittee or applicant, or other person affected.

(Ord. No. 14(1989), § 2(20.24.050), 6-27-89)

Water pollution control plants and facilities shall be designed so as to produce an effect which will not pollute underground or surface waters, create a nuisance, or menace the public peace, health or safety. The city engineer shall consult with the state regional water quality control board, health officers and officials of industrial and public agencies, and from time to time promulgate standards which may vary according to location, topography, physical conditions, and other pertinent factors.

(Ord. No. 14(1989), § 2(20.24.060), 6-27-89)

(a) The requirements contained in this chapter covering the maintenance of water pollution control plants, sewage pumping plants, industrial waste pretreatment plants, dairy screen-chambers, waste disposal facility interceptors, or other appurtenances shall apply to all such facilities now existing or hereafter constructed. All such facilities shall be maintained by the owners thereof in a safe and sanitary condition, and all devices or safeguards which are required by this chapter for the operation of such facilities shall be maintained in good working order.

(b) This section shall not be construed as permitting the removal or nonmaintenance of any devices or safeguards on existing facilities unless authorized in writing by the city engineer.

(Ord. No. 14(1989), § 2(20.24.070), 6-27-89)

All house laterals, industrial connection sewers, septic tank outlet connections to STEP system, and appurtenances thereto existing as of January 23, 1953, or thereafter constructed, shall be maintained by the owner of the property served in a safe and sanitary condition, and all devices or safeguards which are required by this chapter for the operation thereof shall be maintained in good working order. For septic tanks connected to a STEP system, the limits of maintenance responsibility are as follows:

(1) The septic tank and its outlet pipe up to the point of connection to the STEP pumping unit wet well shall be maintained by the owner of the property served;

(2) The STEP pumping unit, wet well, pumped discharge piping and mainlines shall be maintained by the public agency established for that purpose; and

(3) The costs of the electrical power for the STEP pump shall be paid by the owner of the property served.

(Ord. No. 14(1989), § 2(20.24.080), 6-27-89)

(a) The director may inspect, as often as he deems necessary, every mainline sewer, sewage pumping plant, water pollution control plant, industrial waste pretreatment plant or facility, industrial sewer connection, interceptor, dairy screen-chamber, neutralization basin, waste disposal facility, or other similar appurtenances to ascertain whether such facilities are maintained and operated in accordance with the provisions of this chapter. All persons shall permit and provide the director with access to all such facilities at reasonable times.

(b) An applicant, by accepting a permit issued pursuant to this chapter does thereby consent and agree to entry upon the premises described in the permit by the director at all reasonable times for the purpose of:

(1) Inspection, sampling, flow measurement or examination of records;

(2) Placing on the premises devices for monitoring, flow measurement or metering;

(3) Inspecting and copying any records, reports, test results or other information required to carry out the provisions of this chapter; and

(4) Photographing any waste, waste container, vehicle, waste treatment process, discharge location, or violation discovered during an inspection.

(Ord. No. 14(1989), § 2(20.24.090), 6-27-89)

The city engineer shall enforce all the provisions of this chapter, and for such purpose shall have the powers of a peace officer. Such powers shall not limit or otherwise affect the powers and duties of the county health officer.

(Ord. No. 14(1989), § 2(20.24.100), 6-27-89)

The city engineer shall provide means of identification of inspectors and sewer maintenance men which shall identify them as such. Inspectors and sewer maintenance men shall identify themselves upon request, when entering upon the work of any contractor or property owner for any inspection or work required by this chapter.

(Ord. No. 14(1989), § 2(20.24.120), 6-27-89)

Unless otherwise provided in this chapter, any notice required to be given by the city engineer under this division shall be in writing, and served in the manner provided in the Code of Civil Procedure for the service of process, or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the city engineer. Where the address is unknown, service may be made as above provided upon the owner of record of the property.

(Ord. No. 14(1989), § 2(20.24.130), 6-27-89)

No object, whether a permanent structure, or a temporary structure, or any object which is difficult to remove, shall be located on a sewer easement or placed in such a position as to interfere with the ready and easy access to any facility described in section 13.00.080. Any such obstruction, upon request of the city engineer, shall be immediately removed by the violator at no expense to the city, and shall not be replaced.

(Ord. No. 14(1989), § 2(20.24.140), 6-27-89)

No person in the city shall, during reasonable hours, refuse, resist or attempt to resist the entrance of the city engineer into any building, factory, plant, yard, field or other place or portions thereof in the performance of his duty within the power conferred upon him by law or by this chapter.

(Ord. No. 14(1989), § 2(20.24.150), 6-27-89)

Every person violating any provision of this chapter or any condition or limitation of permit issued pursuant thereto is guilty of misdemeanor and, upon conviction, is punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(20.24.160), 6-27-89)

The director may seek injunctive relief for noncompliance with any provision of this chapter or the conditions and limitations of any permit issued pursuant to this chapter.

(Ord. No. 14(1989), § 2(20.24.175), 6-27-89)

No person shall make or allow any discharge of any material to a STEP sewer system for which he does not have a valid discharge permit pursuant to this chapter and to section 13.00.2040.

(Ord. No. 14(1989), § 2(20.24.190), 6-27-89)

(a) In the event of an uncontrolled discharge, the discharger or permittee shall immediately notify the director of the incident by telephone. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions taken.

(b) Within ten days after the uncontrolled discharge, the discharger or permittee shall submit to the director a detailed written report describing the cause of the discharge, corrective action taken, and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger or permittee of liability or fines incurred as a result of the uncontrolled discharge.

(Ord. No. 14(1989), § 2(20.24.200), 6-27-89)

Information and data concerning an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs and 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 director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics will not be recognized as confidential information.

(Ord. No. 14(1989), § 2(20.24.210), 6-27-89)