Emeryville Municipal Code Art. 4 Sewer Use Regulations

All sewage, waste and wastewater shall be discharged to the sanitary sewer system except as hereinafter provided.

(Formerly 7-8.301; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

(a) Limitation on Use.

(1) Use of the sanitary sewer system is limited to the discharge of wastewater in such a quantity and of such a quality as shall not endanger the condition, operation or capacity of the sanitary sewer system and the wastewater treatment facilities.

(2) No person shall discharge, deposit, or throw into a building sewer lateral or the sanitary sewer system any substance which may cause an obstruction or damage to the sanitary sewer system or wastewater treatment facilities, or which may cause a nuisance or hazard, or which will in any manner obstruct the efficient operation or maintenance of the sanitary sewer system or wastewater treatment facilities.

(b) Stormwater and Groundwater Prohibited. It shall be unlawful for any person to discharge any stormwater, surface water, groundwater, roof runoff or subsurface drainage into any building sewer lateral or public sewer.

(c) Prohibited Discharges. No discharge shall be made to the sanitary sewer system that does not meet all requirements set by the City or EBMUD. No one required by the City or EBMUD to have a waste discharge permit shall discharge to the sanitary sewer system without a valid permit from the City or EBMUD.

(d) Additional Prohibited Uses. No person shall discharge any of the following waters or waste into the sanitary sewer system:

(1) Any unpolluted industrial process water.

(2) Any liquid or vapor having a temperature detrimental to the sanitary sewer system.

(3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(4) Any water or waste which contains fats, oils, or grease in excess of those standards established by EBMUD and the City.

(5) Any garbage, except garbage from dwellings and establishments where food is prepared and consumed on the premises, and which has been ground to such a degree that all particles will be carried freely under the flow conditions prevailing in the public sewer. No particle shall in any event be greater than three-eighths inch (3/8") in any dimension.

(6) Any sand, cement, lime, plaster, cinders, ashes, metal, glass or other heavy solids; any straw, shavings, animal hair, feathers, paunch manure or other fibrous matter; any tar, asphalt, resins, plastics or other viscous substance; or any other matter of such a nature as to obstruct the flow in sewers or cause other interference with the proper operation of the sanitary sewer system.

(7) Any waters or wastes containing excessive amounts of acid, alkali, or dissolved sulfide, or having any other corrosive property capable of causing damage or hazard to the sanitary sewer system structures, equipment or personnel.

(8) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with the operation and maintenance of the sanitary sewer system.

(9) Any waters or wastes containing more than five hundred (500) milligrams per liter of suspended solids.

(10) Any noxious or malodorous gas or substance capable of creating a public nuisance.

(11) Any waste having more than one (1) milligram per liter of sulfides.

(12) Any waste having a pH of less than 5.5 or more than 10.5.

(13) Any material that obstructs or prevents the effective maintenance or normal operation of the building sewer lateral or sewer main.

(e) Special Agreements. The City, EBMUD, and any individual or industrial concern discharging any water or wastewater of unusual strength, character, composition or volume into the sanitary sewer system may enter into a contract permitting such discharge. If the discharge shall cause additional or extraordinary expense to the City, the individual or industrial concern shall be required to reimburse the City as determined by the Director.

(f) Sampling Structures. The Director shall have the right to require any property owner to construct and maintain, at their own expense, a sampling structure in an accessible location for the purpose of sampling and determining the flow of wastewater through their building sewer lateral. The design of the structure shall be completed by a licensed engineer and approved by the Director.

(Formerly 7-8.302; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

(a) Grease Control Requirement. It is prohibited to discharge fats, oils and grease (FOG) to the sanitary sewer system. Food service establishment owners and operators are required to control FOG discharge from their food service establishments to the sanitary sewer system and not cause or contribute to FOG-related overflows, blockages or increased maintenance in the sanitary sewer system.

(b) Grease interceptor(s) shall be installed and maintained to prevent FOG-related overflows, blockages or increased maintenance in the sanitary sewer system. Grease control devices are required if food service establishments meet any of the following conditions:

(1) New construction, including new construction or conversion from a non-food service establishment to a food service establishment.

(2) Remodels, additions, alterations or repairs of food service establishments valued at seventy-five thousand dollars ($75,000.00) or greater.

(3) Multiple permits for remodels, additions, alterations or repairs by the same food service establishment owner or operator within a three (3) year period and with a cumulative value over seventy-five thousand dollars ($75,000.00).

(4) An existing food service establishment has caused or contributed to FOG-related increased maintenance requirements in the sanitary sewer system, or a FOG-related sanitary sewer system overflow or blockage.

(c) Approved Grease Control Device.

(1) A grease interceptor device designed to intercept FOG from wastewater discharge shall be required. Grease interceptors include but are not limited to gravity grease interceptors and various other types of grease interceptors that require cleaning/servicing by a pumping company due to design or per manufacturer's specifications.

(2) On a case-by-case basis due to site practicality reasons, the Director may allow an automatic grease removal device which is designed to retain FOG from wastewater discharge. An automatic grease removal device automatically removes FOG from the wastewater stream and transfers the FOG to an external container. Automatic grease removal devices are typically installed inside and above ground and are generally cleaned by food facility staff.

(d) Grease Control Device Maintenance.

(1) If a food service establishment has one or more grease interceptors, they must be maintained as follows:

(i) By removing the entire contents of the interceptor each time the interceptor is pumped.

(ii) To ensure proper operation, maintenance and performance during the entire period of wastewater discharge.

(iii) A minimum pumping frequency of once per three (3) month period, or more frequently to ensure that the food service establishment discharge does not cause or contribute to FOG-related overflows, blockages, or increased maintenance in the sanitary sewer system.

(2) If a food service establishment has one (1) or more automatic grease removal devices, the device(s) must be operated and maintained according to manufacturer's specifications, including, but not limited to, maintaining appropriate power supply and emptying the FOG receptacle at the frequency described by the manufacturer in the owner's manual.

(3) More frequent maintenance and/or additional grease control device equipment may be required if a food service establishment continues to cause or contribute to FOG-related overflows, blockages, or increased maintenance in the sanitary sewer system.

(e) Maintenance Records. Food service establishments shall retain maintenance records with the following information:

(1) Grease interceptor:

(i) Date of service;

(ii) Volume pumped (gallons);

(iii) Waste disposal location.

(2) Automatic grease removal device:

(i) Date of grease receptacle emptying and/or maintenance;

(ii) Signature by staff conducting maintenance;

(iii) Waste disposal location.

The maintenance records shall be kept a minimum of three (3) years from the date of service and shall be provided to the City upon request.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)

Whenever deemed necessary by the Director, the owner shall at his own expense provide such treatment or take such other measures as shall be required in order to reduce or eliminate objectionable waste characteristics or to reduce the rate of discharge of wastewater being deposited in the sanitary sewer system, so that the same may be received therein:

(a) Without causing any damage to or any undue interference with the operation of the sanitary sewer system;

(b) Without causing violation of the City's NPDES permit or water quality requirements;

(c) Without causing hazard of any kind to humans or animals.

In the event pretreatment or special facilities are required to make the industrial wastes acceptable as provided under this chapter, the applicant shall be required to furnish plans, approved prior to construction, showing the method of collection and pretreatment proposed to be used, and a permit shall not be issued until said plans or required modifications thereof have been checked and approved by the Director. All such facilities shall then be installed in conformity with aforementioned approved plans.

(Formerly 7-8.303; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

It shall be unlawful to discharge within the City any wastewater or polluted waters into any storm drain or natural outlet or channel.

(Formerly 7-8.304; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, or yard drainage into any pipe which is directly or indirectly connected to the sanitary sewer system.

(Formerly 7-8.305; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

The use of diluting waters to meet the required standards for discharge of waste into the sewer is prohibited.

(Formerly 7-8.306; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

Unpolluted water, including but not limited to cooling water, process water, or blowdown from cooling towers or evaporative coolers, shall not be discharged through direct or indirect connection to the public sewer unless a permit is issued by the City. The City may approve the discharge of such water only when no reasonable alternative method of disposal is available. If a permit is granted for the discharge of such water into the public sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the Director.

(Formerly 7-8.307; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

No person shall, and it shall be unlawful to, discharge, cause to be discharged, or permit to be discharged any radioactive waste into the sanitary sewer system; provided, however, that:

(a) Persons authorized to use radioactive materials by the California Department of Health Services or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged, or permit to be discharged such wastes; provided, that such wastes are discharged in strict conformance with the current California radiation control regulations for safe disposal of such wastes as they now exist or may hereafter be amended;

(b) The person so acting does so in compliance with all applicable rules and regulations of the City and all other regulatory agencies;

(c) The person so acting must have a permit to do so from the Director.

(Formerly 7-8.308; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

Waste from garbage grinders shall not be discharged into the sewerage system except:

(a) Wastes generated in preparation of food normally consumed on the premises, such as in a home or restaurant;

(b) In other cases where the user has obtained a permit for that specific use from the Director, and agrees to undertake whatever self-monitoring is required to enable the Director to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the sanitary sewer system, with no particle greater than three-eighths of an inch (3/8"). Garbage grinders shall not be used for grinding plastic, paper products, inert materials, garden refuse, or waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments and wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption. Such discharge shall not cause the City to violate water quality requirements imposed on it by State or Federal regulatory agencies.

(Formerly 7-8.309; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

No person shall discharge any substances directly into a manhole or similar opening in a City sewer other than through an approved building sewer.

(Formerly 7-8.310; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sanitary sewer system, unless first approved in writing by the Director, including payment of processing charges. Wastes of this category include but are not limited to:

(a) Septic tank pumpings;

(b) Chemical toilet wastes;

(c) Pleasure boat wastes;

(d) Industrial wastes collected in containers or tanks;

(e) Fats, oils and grease; and

(f) Any other material not classified as residential sewage, including chemicals and other materials stored on the premises of the user which might, directly or indirectly, enter the City sewer, accidentally or otherwise.

(Formerly 7-8.311; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

When charges and fees are based upon the water usage, such charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the Director, significant portions of water received are not discharged to a public sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and as approved by the Director.

(Formerly 7-8.312; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

When charges and fees are based upon water usage and when, in the opinion of the Director, a significant portion of the water received from any metered source does not flow into the public sewer because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the public sewer. Written notification and proof of the diversion of water must be provided by the user and approved by the City if the user is to avoid the application of the charges and fees against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the Director and at the user's expense. Such meters shall measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be maintained at the expense of the user and be tested for accuracy at the expense of the user when deemed necessary by the Director. For users who, in the opinion of the Director, divert a significant portion of their flow from a public sewer, the charges and fees may be based upon measurement of the flow and volume to be discharged, prepared by the user and approved by the Director. The measurement must include the method, calculations and type of equipment used to determine the wastewater volume.

(Formerly 7-8.313; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

The Director may require that any person discharging wastewater into a public sewer file a periodic discharge report. The discharge report may include, but need not be limited to: nature of process; volume; rates of flow; mass emission rate; production quantities; hours of operation; number and classification of employees; or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged, or any chemicals or raw materials not in liquid or gaseous form which are stored on the premises, and could reach the sanitary sewer system by accidental spillage or washdown of spillage.

(Formerly 7-8.314; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

All major contributing industries proposing to connect or to discharge into a public sewer or discharging into a public sewer must comply with applicable permits and fees.

(Formerly 7-8.315; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

The Director may require the user to construct, at his own expense, sampling manholes or monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer lateral or internal plumbing and drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's premises, but the City may, when such location would be impractical or cause undue hardship on the user or City, require a sampling facility to be constructed in the public street or right-of-way and located so that it will not be obstructed by landscaping or parked vehicles, assuming that such location consent is first obtained from the public agency having jurisdiction of such public area. The Director may require the user to provide and operate an independent power supply for the monitoring facilities.

If the monitoring facility or sampling manhole is inside the user's fence, there shall be accommodations to allow access for City personnel. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local agency requirements, construction standards and specifications. Construction shall be completed within one hundred twenty (120) days following written notification by the Director, unless a time extension is granted by the City.

In the event that no special facility is avail-able, the point of inspection shall be considered to be the nearest downstream manhole in the public sewer.

(Formerly 7-8.316; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

The City may inspect 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 Director, or his or her representative, ready access at all times to all parts of the premises for the purpose of inspection or sampling in the performance of any of their duties. The City shall have the right to establish on the user's property such devices as are necessary to conduct sampling 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 will be permitted to enter without delay for the purpose of performing their specific responsibilities.

(Formerly 7-8.317; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

Users shall make wastewater acceptable to the City under the limitations established herein before discharging into any public sewer. Any facility required to pretreat wastewater to a level acceptable to the City shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review, and shall be approved by the City before construction of the facility. The review and approval 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 complying with the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operating affecting the effluent shall be reported to and approved by the City.

(Formerly 7-8.318; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities, to prevent accidental discharge of prohibited materials, shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review prior to 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 provide the protection necessary to meet the requirements of this chapter. Any costs to the City arising from accidental discharge shall be paid by the user.

(Formerly 7-8.319; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

To the extent authorized by applicable State of California and/or Federal statutes and regulations:

(a) All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or other governmental agencies 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 which would be detrimental to the user's competitive position;

(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 to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report;

(c) Wastewater constituents and characteristics will not be recognized as confidential information; and

(d) Information accepted by the Director as confidential shall not be transmitted to any governmental agency or to the general public by the City unless prior and adequate notification is given to the user.

(Formerly 7-8.320; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

Special agreements and arrangements be-tween the City and any persons or agencies may be established when in the opinion of the Director unusual or extraordinary circumstances compel special terms and conditions.

(Formerly 7-8.321; Sec. 3 (part), Ord. 11-004, eff. June 2, 2011; Sec. 3, Ord. 82-013, eff. Nov. 25, 1982)

Septic tanks and cesspools are specifically prohibited in the City notwithstanding any statement in the latest adopted edition of the Plumbing Code to the contrary.

(Sec. 3 (part), Ord. 11-004, eff. June 2, 2011)