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Chapter 50 — SEWERS

§ 50.127 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.

Eureka Zoning Code · 2026-06 edition · updated 2026-07-25 · Eureka

(A) Upset.

(1) For the purposes of this section, UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3) of this division (A) are met.

(3) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(a) An upset occurred and the industrial user can identify the cause(s) of the upset;

(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

(c) The industrial user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

  1. A description of the indirect discharge and cause of noncompliance.

  2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.

  3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(4) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

(5) Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(6) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

('63 Code, § 5-5.1301)

  • (B) Bypass.

(1) (a) BYPASS shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.

(b) SEVERE PROPERTY DAMAGE shall mean substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(2) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (3) and (4) of this division (B).

(3) (a) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten days before the date of the bypass if possible.

(b) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(4) (a) Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless:

  1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

  2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and,

  3. The industrial user submitted notices as required under subsection (3) of this division (B).

(b) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (4)(a) of division (B).

('63 Code, § 5-5.1302)

(Ord. 571-C.S., passed 6-2-94; Am. Ord. 775-C.S., passed 12-20-11)

PRIVATE SEWER LATERAL INSPECTION

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▸ Contents — Eureka Zoning Code
Eureka Zoning Code
  1. Article I — NAME AND SEAL; FORM OF GOVERNMENT; BOUNDARIES; MUN…
  2. Article II — ELECTIONS
  3. Article III — CITY COUNCIL
  4. Article IV — MAYOR
  5. Article V — ORDINANCES
  6. Article VI — ADMINISTRATION
  7. Article VII — FISCAL ADMINISTRATION
  8. Article VIII — OFFICERS AND EMPLOYEES
  9. Article IX — FRANCHISES
  10. Article X — INITIATIVE, REFERENDUM AND RECALL
  11. Article XI — MISCELLANEOUS PROVISIONS
  12. Chapter 10 — GENERAL PROVISIONS
  13. Chapter 30 — CITY COUNCIL
  14. Chapter 31 — CITY OFFICIALS
  15. Chapter 32 — CITY DEPARTMENTS
  16. Chapter 33 — BOARDS, COMMISSIONS, AND COMMITTEES
  17. Chapter 34 — PERSONNEL POLICIES
  18. Chapter 35 — FINANCE, REVENUE AND TAXATION
  19. Chapter 36 — HEALTH FACILITY REVENUE BONDS
  20. Chapter 37 — ELECTIONS
  21. Chapter 38 — CIVIL EMERGENCIES
  22. Chapter 39 — CITY POLICY
  23. Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY
  24. ▸ Chapter 50 — SEWERS
    Overview
    1. § 50.001 PURPOSE AND POLICY.
    2. § 50.002 DEFINITIONS.
    3. § 50.003 ABBREVIATIONS.
    4. § 50.004 VANDALISM.
    5. § 50.005 CONFIDENTIAL INFORMATION.
    6. § 50.006 CONFLICTING PROVISIONS.
    7. § 50.007 SEVERABILITY.
    8. § 50.020 PROHIBITED DISCHARGE STANDARDS.
    9. § 50.021 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.
    10. § 50.022 SPECIFIC POLLUTANT LIMITATIONS.
    11. § 50.023 CITY'S RIGHT OF REVISION.
    12. § 50.024 SPECIAL AGREEMENT.
    13. § 50.025 DILUTION.
    14. § 50.035 PRETREATMENT FACILITIES.
    15. § 50.036 ADDITIONAL PRETREATMENT MEASURES.
    16. § 50.037 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS.
    17. § 50.038 TENANT RESPONSIBILITY.
    18. § 50.039 HAULED WASTEWATER.
    19. § 50.040 GREASE HAULER PERMIT REQUIREMENTS.
    20. § 50.041 GREASE HAULER PERMIT APPLICATION.
    21. § 50.042 GREASE HAULER PERMIT REISSUANCE.
    22. § 50.043 GREASE HAULER PERMIT CONTENTS.
    23. § 50.044 GREASE HAULER PERMIT APPEALS.
    24. § 50.045 GREASE HAULER PERMIT MODIFICATION.
    25. § 50.046 REVOCATION OF PERMIT.
    26. § 50.050 WASTEWATER SURVEY.
    27. § 50.051 WASTEWATER DISCHARGE PERMIT REQUIREMENTS.
    28. § 50.052 WASTEWATER DISCHARGE PERMIT APPLICATION.
    29. § 50.053 WASTEWATER DISCHARGE PERMIT DECISIONS.
    30. § 50.054 DURATION OF PERMIT; REISSUANCE.
    31. § 50.055 PERMIT CONTENTS.
    32. § 50.056 APPEALS.
    33. § 50.057 PERMIT MODIFICATION.
    34. § 50.058 TRANSFER OF PERMIT.
    35. § 50.059 REVOCATION OF PERMIT.
    36. § 50.070 BASELINE MONITORING REPORTS.
    37. § 50.071 COMPLIANCE SCHEDULE PROGRESS REPORT.
    38. § 50.072 REPORT ON COMPLIANCE WITH CATEGORICAL PRETREATMENT ST…
    39. § 50.073 PERIODIC COMPLIANCE REPORTS.
    40. § 50.074 REPORTS OF CHANGED CONDITIONS.
    41. § 50.075 REPORTS OF POTENTIAL PROBLEMS.
    42. § 50.076 REPORTS FROM NONSIGNIFICANT INDUSTRIAL USERS.
    43. § 50.077 NOTICE OF VIOLATION; REPEAT SAMPLING AND REPORTING.
    44. § 50.078 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
    45. § 50.079 ANALYTICAL REQUIREMENTS.
    46. § 50.080 SAMPLE COLLECTION; DETERMINATION OF NONCOMPLIANCE.
    47. § 50.081 RECORD KEEPING.
    48. § 50.090 PERMITS REQUIRED.
    49. § 50.091 IMPACT FEES AND INSTALLATION CHARGES.
    50. § 50.092 MAINTENANCE OF BUILDING SEWERS.
    51. § 50.093 MAIN EXTENSIONS.
    52. § 50.105 WASTEWATER VOLUME DETERMINATION.
    53. § 50.106 PRETREATMENT CHARGES AND FEES.
    54. § 50.107 WASTEWATER USER CHARGES.
    55. § 50.108 BILLING; PERSONS RESPONSIBLE FOR PAYMENT.
    56. § 50.109 PENALTY FOR NONPAYMENT.
    57. § 50.120 DUTIES OF CITY MANAGER.
    58. § 50.121 COMPLIANCE MONITORING.
    59. § 50.122 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOM…
    60. § 50.123 ADMINISTRATIVE ENFORCEMENT REMEDIES.
    61. § 50.124 JUDICIAL ENFORCEMENT REMEDIES.
    62. § 50.125 SUPPLEMENTAL ENFORCEMENT ACTION.
    63. § 50.126 REMEDIES NONEXCLUSIVE.
    64. § 50.127 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
    65. § 50.201 PURPOSE.
    66. § 50.202 TRIGGERING EVENTS.
    67. § 50.203 INSPECTION METHODS.
    68. § 50.204 REVIEW OF INSPECTION RESULTS, STANDARDS.
    69. § 50.205 NOTICE TO REPAIR.
    70. § 50.206 TIMING AND COMPLETION OF WORK.
    71. § 50.207 FEE IN LIEU OF REPAIR, REPAIRS PERFORMED BY THE CITY …
    72. § 50.208 LATERAL CERTIFICATE.
    73. § 50.209 EXCEPTIONS.
    74. § 50.210 FEES.
    75. § 50.211 FAILURE TO REPAIR OR REPLACE.
    76. § 50.212 ASSISTANCE WITH SEWER REPAIR COSTS.
  25. Chapter 51 — SOLID WASTE
  26. Chapter 52 — UNDERGROUND UTILITY DISTRICTS
  27. Chapter 53 — WATER
  28. Chapter 54 — STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONT…
  29. Chapter 55 — ENERGY
  30. Chapter 56 — STREETS
  31. Chapter 70 — GENERAL PROVISIONS
  32. Chapter 71 — TRAFFIC RULES
  33. Chapter 72 — STOPPING, STANDING AND PARKING
  34. Chapter 73 — BICYCLES
  35. Chapter 75 — MOBILE VENDORS OPERATING UPON A STREET
  36. Chapter 90 — ABANDONED VEHICLES
  37. Chapter 91 — ANIMALS
  38. Chapter 92 — FIRE PREVENTION
  39. Chapter 93 — PARKS AND RECREATION
  40. Chapter 94 — HEALTH AND SANITATION
  41. Chapter 95 — MUNICIPAL AIRPORT
  42. Chapter 96 — PARADES AND ASSEMBLIES
  43. Chapter 97 — SMOKING
  44. Chapter 98 — STREETS AND SIDEWALKS
  45. Chapter 99 — TRAINS AND RAILROADS
  46. Chapter 100 — HARBOR REGULATIONS
  47. Chapter 101 — FILMING
  48. Chapter 102 — BEEKEEPING
  49. Chapter 103 — PRIVATE SECURITY AND FIRE ALARM SYSTEMS
  50. Chapter 104 — MILITARY EQUIPMENT USE
  51. Chapter 110 — BUSINESS LICENSES
  52. Chapter 112 — AMBULANCES
  53. Chapter 113 — AMUSEMENTS
  54. Chapter 114 — CABLE TELEVISION SYSTEMS
  55. Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS
  56. Chapter 117 — MASSAGE PARLORS
  57. Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS
  58. Chapter 119 — SECOND-HAND DEALERS
  59. Chapter 120 — TAXICABS AND LIMOUSINES
  60. Chapter 121 — OTHER VEHICLES FOR HIRE
  61. Chapter 122 — FOREIGN-TRADE ZONE
  62. Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY
  63. Chapter 131 — PROPERTY OFFENSES
  64. Chapter 132 — DRUG OFFENSES
  65. Chapter 133 — WEAPONS OFFENSES
  66. Chapter 134 — ABATEMENT OF CHRONIC NUISANCE PROPERTIES
  67. Chapter 150 — BUILDING REGULATIONS
  68. Chapter 151 — AIRPORT ZONING
  69. Chapter 152 — PLANNING AND ZONING ADMINISTRATION
  70. Chapter 153 — FLOOD HAZARD AREA REGULATIONS
  71. Chapter 154 — SUBDIVISION REGULATIONS
  72. Chapter 155 — ZONING REGULATIONS
  73. Chapter 155 — ZONING REGULATIONS (old)
  74. Chapter 156 — COASTAL ZONING REGULATIONS
  75. Chapter 157 — HISTORIC PRESERVATION
  76. Chapter 158 — CANNABIS
  77. Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES

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