Farmersville Municipal Code Ch. 13.08 Sewers

Footnotes:

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Editor's note— Ord. No. 509, § 1, adopted April 27, 2021, amended Ch. 13.08 in its entirety to read as herein set out. Former Ch. 13.08, §§ 13.08.010—13.08.300, pertained to similar subject matter, and derived from Ord. 314 § 1(part), adopted in 1987; and Ord. 341 § 3, adopted in 1989.

The definitions given in this section shall govern the construction of this chapter and council resolutions adopted pursuant to this chapter and its application, unless otherwise apparent from the context:

"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

"Alterations" means any change or addition.

"Apartment" means a residence, as defined in this section, which is part of or located in a multiple dwelling group as defined in this section.

"Approval authority" means the California Regional Water Quality Control Board, Central Valley Region, or any successor agency.

"Authorized representative" of the industrial user means:

A. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation.

B. A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.

C. A director or highest official appointed or designated to oversee the operation and performance of the activities, if the industrial user is a federal, state or local government facility; or

D. A duly authorized representative, submitted to the City in writing, of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

"Bath" means a room containing one or more water closets, bathtubs, shower stalls and/or washbasins which are intended and suitable for human use and are connected to the sewer system.

"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1.A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"B.O.D." or "biochemical oxygen demand" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at twenty degrees Celsius, usually expressed as a concentration (e.g., mg/l).

"Building" means any structure used for human habitation or a place of business, recreation or other activity and containing sanitary facilities.

"Building sewer" means the buildings sewer plumbing system, including piping, fixtures, devices and appurtenances and extends two feet outside the building at the point it connects to the sewer lateral.

"Bypass" means the intentional diversion of waste streams from any portion of an industrial user's pretreatment facility.

"Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, parts 405—471, as may be amended.

"City" means the City of Farmersville.

"City council" means the city council of the City of Farmersville.

"Cleanout" means a branch fitting installed in a sewer line or other pipe for the purpose of providing access for cleaning.

"Commercial establishment" means a building or portion thereof used for, or intended for use for, commercial, business or governmental purposes, including, but not limited to, stores, markets, theaters, cleaners, business offices, churches, lodges, government offices and other places of business, but not including eating establishments, laundromats or other business establishments otherwise defined in this chapter.

"Composite" or "composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

"Control authority" means the City of Farmersville.

"Cooling water" means the water that is discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

"Director" or "city engineer" means the director of public works and shall also mean the city engineer of the city.

"Eating establishment" means a building or portion thereof, upon the premises of which are provided facilities for dining, eating and/or beverage consumption by the public, and which is held out by the owner or operator thereof as a place where food and/or beverages may be purchased for consumption upon the premises, including establishments designated as restaurants, cafes, drive-ins, coffee shops, ice cream parlors, bars and bowling alleys, and other such establishments where food or drink are served.

"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 regional water management division director or other duly authorized official of said agency.

"Existing source" means any source of discharge that is not a new source.

"Fixture" means any sink, tub, shower, toilet or other facility connected by drain to the sewer, as defined in the Uniform Plumbing Code.

"FOG" means fats, oils and grease, means a byproduct of food preparation or food waste and consists primarily of fat, oil, including floatable oil, and/or grease from animal or vegetable sources.

"Food service establishment" means a fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, food concession, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public.

"Garbage" and "garbage grinder" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sales of agricultural products and the unit designed and used to grind or otherwise treat garbage so that it can be disposed of through the sewer system.

"Grab" or "grab sample" means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes.

"Hotel" and "hotel room" means a building or group of buildings containing four or more sleeping rooms or suites of rooms designed as, and occupied or suitable for occupation as, a temporary abiding or sleeping place or persons, who, for compensation, are lodged with or without meals, including buildings designed as hotels, and boarding, lodging, or rooming but not including those otherwise defined in this chapter as multiple-family dwellings, motels, mobile home parks or dormitories, sanitariums, hospitals, orphanages or buildings where persons are housed under restraint, and a room or suite of rooms in a hotel designed as, and occupied or suitable for occupation as, one sleeping or living unit.

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

"Industrial wastewater" means all water-carried wastes and wastewaters of the community, excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the water discharged includes significant quantities of wastes of nonhuman nature.

"Interceptor" means a pretreatment device designed and installed to separate fats, oils and grease or other material from the buildings wastewater.

"Interference" means a discharge which, either 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 is, therefore, a cause of a violation of any requirement of the city's waste discharge requirements issued by the California Regional Water Quality Control Board, including any increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with any of 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 (including Title II, more commonly referred to as the Resource Conservation and Recovery Act and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act, or 40 CFR 503 (sewage sludge regulations).

"Industrial cost recovery" means the recovery by the city from the industrial users of a treatment works of the amount of the federal grant which is allocable to the treatment of wastes from such users pursuant to Section 204(b) of the Act and the Federal Grant Regulations issued under the Act (40 CFR 35.905-6).

"Kitchen" means a room, all or any part of which is designed, built or equipped as, and is used or is intended to be used for the cooking and/or other preparation of food for human consumption.

"Laundromat" means a building or portion thereof designed, equipped and used or intended for use as a self-service laundry, where there is no pickup or delivery service and no steam or hand laundry of any type.

"Lot" means any piece or parcel of land bounded, defined or shown upon a plat or deed recorded in the office of the county recorder, and in accordance with the boundaries of such lot as bounded, defined or shown upon such recorded map, plat, or deed; provided, however, that in the event any building or structure covers more area than "a lot" as herein defined, the term "lot" shall be deemed to be and include all such pieces or parcels of land upon which said buildings are wholly or partly located.

"Manhole" means a structure for the purpose of providing access of a person to a buried sewer line.

"Manufactured mobile home" or "manufactured mobile home park" means a transportable structure designed, built and equipped as, and occupied or suitable for occupation as, a home or living quarters, either permanently or temporarily, by a single family and their guests and servants, and an area containing two or more trailer spaces as defined, including areas designated as trailer courts, and by similar designations.

"Medical waste" means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

"Motel" and "motel unit" means a building or group of buildings containing two or more rooms or suites or rooms, and designed, intended, or used primarily for the accommodation of transient travelers; including establishments designated as motels, motor lodges, motor hotels, and by similar designations, and a room or suite of rooms in a motel as defined, designated as, and occupied or suitable for occupation as, one sleeping or living unit.

"Multiple dwelling" means a building or group of buildings designed as, and occupied or suitable for occupation as, a home or living quarters, either permanently or temporarily, by more than a single family, including buildings designated as apartment houses, apartment buildings, duplexes, triplexes and condominiums, not including hotels, motels, dormitories or manufactured mobile home parks as otherwise defined in this section.

"New source" means:

A. 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 which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or

2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection A.2 or 3 of this [definition] but otherwise alters, replaces, or adds to existing process or production equipment.

C. Construction of a new source as defined under this definition has commenced if the owner or operator has:

1. Begun, or caused to begin, as part of a continuous on-site construction program:

a. Any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

"Pass through" means a discharge which exits the POTW 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 city's waste discharge requirements including any increase in the magnitude or duration of a violation.

"Permit" means any written authorization required pursuant to this chapter.

"Person" means any individual, firm, company, association, society, corporation, or group, partnership, co-partnership, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

"pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units.

"Plumbing fixtures" means receptacles that receive liquid, water, or wastewater and discharge them into a drainage system.

"Plumbing system" means the distributing pipes for the water supply; the fixtures and fixture traps; the soil, waste and vent pipes; the building drain and building sewer, and the stormwater drainage pipes; with their devices, appurtenances, and connections within and adjacent to the building.

"Pollutants" means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural wastes and certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

"Pretreatment standards" means prohibitions, categorical pretreatment standards, and city limits.

"Prohibitions" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.08.270.

"Property owner" means person or persons who have legal title to property as listed in the city's and/or county's tax assessment roll. A property owner includes any individual, corporation, firm, partnership, limited liability company, or group of individuals acting as a unit, and any trustee, receiver, or personal representative.

"Publicly-owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292) that is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant.

"Repairs" means the reconstruction or renewal of any existing part of a structure, or of its fixtures or appurtenances.

"Residence" means a building or portion thereof, or a group of buildings, designed as and occupied or suitable for occupation in whole or in part as a home or living quarters, either permanently or temporarily, by a single family and their guests, including a house.

"Sanitary sewer system" means a city owned system of pipes regardless of size and pump lift stations, used to collect and convey wastewater to a publicly owned wastewater treatment facility.

"Sanitary sewer overflow (SSO)" means any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system.

"Sewage" means human excrement and gray water (household showers, dishwashing operation, etc.).

"Shall" and "may." "Shall" is mandatory, "may" is permissive.

"Significant industrial user" means:

A. A user that:

1. Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

2. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

3. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement;

B. Upon a finding that a user meeting the criteria in subsection A. of this [definition] has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

"Sewer lateral" means a pipe used to transport wastewater from a building sewer to the city's sanitary sewer main. The sewer lateral begins two feet outside a building and includes all sewer cleanouts and the wye connection. Sewer laterals are not part of the sanitary sewer system and the maintenance, repair and/or replacement of the lateral is solely the responsibility of the property owner.

"Slug" means any discharge at a flow rate or concentration that could cause a violation of the prohibitions in Section 13.08.270HHH.

"Storm water" means any flow of water during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

"Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal storm water drainage system or to a waterway.

"User" or "industrial user" means a source of indirect discharge.

"Wastewater" means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

"Wastewater revenue program" means a formally documented determination of charges which is designed to provide revenues for operation and maintenance (including replacement), industrial cost recovery, and local debt service for treatment works, and which demonstrates compliance with federal grant regulations on user charges and industrial cost recovery.

"Wastewater treatment" means the devices and structures used for treating wastewater generated within the city.

"Waterway" means a natural or artificial channel for the passage of water either continuously or intermittently.

(Ord. No. 509, § 1, 7-12-2021)

No person shall discharge or allow the discharge of sewage or other waste material into the sewer system of the city except as provided for and upon payment of the fees as set forth in the city's comprehensive fee resolution.

A. Sewer Lateral Connection Fee. When a sewer connection which is required for a parcel or a lot where no existing sewer lateral exists or if said lateral must be replaced or relocated, the property owner shall have a contractor perform the installation, replacement or relocation of the sewer lateral. If a new sewer lateral must be installed, the city shall collect a connection fee as provided for in the city's comprehensive fee resolution.

B. Sewerage Treatment Plant Expansion Fee. A fee as provided for in the city's comprehensive fee schedule shall be collected for the upgrading and expansion of the city's sewer treatment plant. The fee shall be collected at the time building permits are issued, except as provided for in this section. The fee shall apply to all parcels of land within the existing and future service areas of the city. In the event of construction in future service areas, the fee shall be collected at the time sewer service is provided and not when building permits are issued. In the event sewer service is requested for a parcel of land which already had sewer service within the previous three years from the date of the building permit, and the requested service is determined by the director to be equivalent to the prior service, no fee shall be collected. However, should the director of public works determine that the requested service is in excess of that previously provided, or if no sewer service has been provided to the parcel during the previous three years, the applicant shall pay all applicable fees as provided for in the city's comprehensive fee resolution, but the fee may be prorated as determined by the director of public works so as to give the applicant credit for prior sewer service received during the previous three years.

C. Sewer Trunk Line Fees. An acreage fee shall be collected prior to development and/or connection to the city's sanitary sewer system for any parcel outside that area described as "existing collection system service area..." on Plate 3 of [the] sewer master plan. Said fee shall be provided for in the city's comprehensive fee resolution and collected prior to recordation of a final subdivision or parcel map, or prior to connection to the city's sewer system, whichever comes first. However, if the city council determines that a lot or parcel being created by a subdivision or parcel map is not being created for the purpose of current development, said fee may be deferred for that lot or parcel only until sewer service is requested by the current property owner.

(Ord. No. 509, § 1, 7-12-2021)

A. All persons shall be responsible to pay for services provided at the rates in effect upon presentation of a city utility bill and all bills not paid in full by the fifteenth day of the month following the month service was provided and shall become delinquent and subject to all penalties and disconnection of service as provided for elsewhere in this code.

B. All bills for such services shall be issued by the utility department. They shall be combined with bills or statements for water service and refuse disposal service rendered by the municipal water system in all cases where the premises in question is connected to the municipal water system. The bills shall state their purpose (water, sanitation and sewer disposal service), shall give the name and last known address of the person responsible for payment as provided in this chapter, and shall list separately the charge for water service and the charge for sewer service and the total charge for all services. Neither charge may be paid separately from the other. If a premises with sewer service is not connected with the municipal water system, a separate bill shall be rendered for sewer service only.

(Ord. No. 509, § 1, 7-12-2021)

All monthly sewer charges shall be billed to the following persons:

A. In the case of any person whose premises is connected with the municipal water system, then to the person who requested such connection to the municipal water system or his successor in interest, or to any person requesting that such bill be charged to him; or

B. In the case of any person whose premises is not connected to the municipal water system, then to the person who requested the connection to the municipal sewer system or his successor in interest, or if no such request was made, then to the owner of record of such premises on the date on which such premises is required to connect to the municipal sewer system, or to the successor in interest to such person, or to any person requesting that such bill be charged to him.

(Ord. No. 509, § 1, 7-12-2021)

There is levied and imposed upon any occupied premises within the city and boundaries, having any sewer connection with the sewerage system of the city, or otherwise discharging wastewater which ultimately passes through the city's sewerage system or to which a public sewer is available according to Section 13.08.070 of this chapter, and upon the owner or occupant thereof, a monthly service or standby charge as provided in this chapter.

A. Unclassified Uses. For premises having a sewer connection but for which a specific classification for sewer service charges has not been set forth in this chapter, the city shall charge such rate as in its sole discretion it deems most applicable for the type of use being made of the premises in relation to the uses made of classified premises and the rate fixed for said classified premises.

B. No truck disposal of sanitary or industrial wastes will be accepted by the city at the treatment plant.

(Ord. No. 509, § 1, 7-12-2021)

Sewer service charges shall become effective against all premises immediately upon connection to the municipal sewer system as provided for in Section 13.08.070.

(Ord. No. 509, § 1, 7-12-2021)

A. No person owning any premises within the city limits of the city on which the nearest service connection of such premises is located within one thousand feet from the point on which a connection can be made to the municipal sewer system, and upon which any sewage is produced shall use any means of sewage disposal other than through the municipal sewer system.

B. Every person owning any premises so located and upon or in which any sewage is produced shall be required to connect said premises to the municipal sewer system within one year from the date when a main sewer or lateral sewer located within the distance specified in subsection A of this section is completed and available for connection to said premises.

C. The city declares that further maintenance or use of cesspools, septic tanks or other local means of sewage disposal on any premises so located after the required connection with the municipal sewer system shall constitute a public nuisance and may invoke any legal means or police power to abate same.

(Ord. No. 509, § 1, 7-12-2021)

A. No facility or services of the sewerage system shall be furnished to any premises or to any owner or other person free of charge.

B. The granting of reduced user charges to special interest or economic groups, is prohibited.

(Ord. No. 509, § 1, 7-12-2021)

The director of public works or his designee are charged with enforcement.

A. In the event of a violation of any terms of this chapter, or any rule or regulation established pursuant to this chapter, the director, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon failure of such person to prevent or rectify the violation) the director will exercise his authority to disconnect the premises from the municipal water system and/or the municipal sewer system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Farmersville, California, addressed to the person to whom notice is given.

B. In the event such violation results in a sanitary sewer overflow (SSO) or any other public hazard, the director shall have the authority and responsibility to immediately disconnect municipal water services to the property upon which the violation has occurred and water services shall not be restored until the violation is corrected.

C. Payment for Service. All customers shall be responsible to pay for services provided at the rates in effect upon presentation of a city utility bill and all bills not paid in full by the twentieth day of the month following the month service was provided shall become delinquent and subject to all penalties and disconnection of service as provided for in this chapter.

(Ord. No. 509, § 1, 7-12-2021)

Connection to the sewerage system shall be made only after securing an encroachment permit from the city. Permits for sewer lines constructed on private property shall be obtained in accordance with the provisions of the plumbing code of the city. Fees for said permits shall be as provided for in the city's comprehensive fee schedule.

(Ord. No. 509, § 1, 7-12-2021)

A. It shall be unlawful for any person other than the city to make any connection with any public sewer, or to construct or alter any public sewer, within the city right-of-way or easement, without first obtaining a permit from the city for such work.

B. Any person desiring a permit for any work involving sewers shall make an application in writing to the city giving such information as it may require. If it appears therefrom that the work to be performed thereunder is to be done according to standard specifications and designs of the city for construction of such work, a permit shall be issued upon payment of the required fees.

C. Nothing contained in this chapter shall be deemed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in a building sewer, except when it is necessary to replace any part of such sewer.

D. For each individual connection from a building and lateral sewer to a public sewer, a connection fee shall be collected by the city before the permit for the connection work is issued.

E. It is the intent of the city to equalize the cost of sewer service throughout the area of the city by the application of these regulations, and notwithstanding any provisions of this chapter, the city by resolution or contract may in any instance increase or decrease the connection fee to be charged for any extraordinary service to achieve such objective.

F. Connection and permit fees shall be deposited in the city's sewer system operating fund and shall be used to pay the cost of maintenance, operation and depreciation of the sewer system.

G. In each instance in which connection to a public sewer is desired, the property owner may make his own arrangements with an approved private contractor to perform the work, or request the city forces to do so, and shall submit satisfactory evidence to the director that this has been done prior to issuance of a permit pursuant to subsection A of this section.

(Ord. No. 509, § 1, 7-12-2021)

Any person affected by any decision, action, or determination by the city, interpreting or implementing the provisions of this chapter, including, without limitations, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the city, excepting there from any decision, action, or determination of the city to pursue either criminal penalties or civil judicial enforcement, may file with the city within ten days of the date of service of such decision, action or determination, a notice of appeal to the council appealing such decision, action or determination by the city. The notice of appeal shall set forth in detail all facts supporting the industrial user's appeal of the decision of the city. The filing of the notice of appeal shall stay all further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the council on the appeal; provided, however, that nothing stated herein shall limit the authority of the city to take such action or to make such directives as the city deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop threatened damage to the sanitary sewer system, pass through, or threatened harm to the health or safety of the public. Such action shall include, without limitation, continuing to physically block the customer's access to the sewer until the appeal is heard and decided by the council.

(Ord. No. 509, § 1, 7-12-2021)

There shall be a separate connection to the sewerage system for each premises served except when otherwise authorized by the director or the city engineer.

(Ord. No. 509, § 1, 7-12-2021)

A. If any premises become vacant and is not connected to the water system, the applicable minimum service charge shall continue to be charged to and collected from the owners of such premises, until the city receives a written request from such owner to disconnect such premises from the sewerage system.

B. In the event of such request for disconnection the owner of the premises shall pay a sewer disconnection fee set by the city council, and upon reconnection shall pay a sewer reconnection fee as set by the city council.

(Ord. No. 509, § 1, 7-12-2021)

A. The property owner shall be responsible to keep their sewer lateral and sewer connection in good condition; and shall repair, replace and maintain their sewer lateral or sewer connection when required; and shall be liable for any damages which may result from the failure to do so.

B. Mandatory Installation of Cleanouts. When installing or replacing a sewer lateral from a building sewer to the sanitary sewer system main, the property owner shall install cleanouts in accordance with the requirements of the Uniform Building Code, the California Plumbing Code, and any other applicable regulations adopted by the city, city standards, or plans and specifications approved by the city engineer.

C. The property owner shall have their sewer lateral inspected and/or tested:

1. Upon:

a. The occurrence of a sewer lateral backup or blockage which results in a sanitary sewer overflow.

b. A licensed plumbers' determination that the lateral may be damaged.

2. Exemptions. No inspection and testing of a sewer lateral shall be required if:

a. The sewer lateral has been replaced by a licensed contractor possessing a valid business license issued by the city.

b. The sewer lateral has been inspected within the past six months and the results of such inspection showed that:

i. There has been no damage to the lateral.

ii. There has been no backup or blockage in the lateral.

c. Upon other exemption approved by the Director of Public Works.

(Ord. No. 509, § 1, 7-12-2021)

In the event sanitary sewer mains are installed by a private party or by the city, for which some of the benefiting frontage is not participating in the initial cost, a front-foot charge may be established and collected from those other benefiting frontages at such time as the owner applies for connection to said sewer main.

The front-foot charge shall be established by dividing all eligible costs to install said mains and appurtenances, as approved by the city, divided by the total benefiting frontage, as approved by the city. Said front-foot charges shall be adopted by resolution of the city council. If the installation is by a private party, such party must request in writing that the front-footage charge be established, pay an administrative fee for processing said request as might be adopted by resolution of the city council, and provide all pertinent data to the director, including, but not limited to:

A. A clear, readable map, drawn to an appropriate engineering scale showing the benefiting frontage owned by the party and the benefiting frontage of other parties;

B. An itemized breakdown of all costs by unit, and unit price;

C. At least one additional competitive bid, unless waived by the director.

Where the city collects front-footage charges on behalf of the private party, the city shall reimburse that collected amount to said party or his/her heirs or assigns within twelve months of collection.

(Ord. No. 509, § 1, 7-12-2021)

All fees provided for under this chapter may be established, modified, adjusted or revoked by the adoption of a resolution by the city council.

(Ord. No. 509, § 1, 7-12-2021)

A. It shall be the duty of the director of public works to supervise all connections to the municipal sewer system and to establish and administer such reasonable rules and regulations applicable to the use of and operation of the sanitary sewer system as may be deemed advisable or necessary; provided, that such rules and regulations so established shall not be in conflict with any provisions of this chapter and shall be at all times subject to appeal to the city council whose decision shall be final.

B. It shall be the duty of the utility department to collect all sewer service charges.

C. The utility department shall keep an accurate accounting and records showing the source, amount and disposition of all funds received from sewer service or rental charges.

(Ord. No. 509, § 1, 7-12-2021)

The director and other duly authorized employees of the city shall be permitted to enter in and on private properties for the purpose of, but not limited to, inspection, observation, measurement, and sampling of any portion of the sewage works connected with the city's sanitary sewer system. Said entry shall be made at such times as may be deemed convenient for the property owner by the director except in cases of emergency.

(Ord. No. 509, § 1, 7-12-2021)

A. The director, and other duly authorized employees of the city shall be permitted to enter all properties for the purpose of inspection, observation, sampling, measurement and testing in accordance with the provisions of this chapter. The director, or any city employee shall have no authority to inquire into any process including metallurgical, chemical, oil-refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge into the sewers, waterways or facilities for wastewater treatment.

B. While performing the necessary work on private properties referred to in subsection A of this section, authorized employees of the city shall observe all safety rules applicable to the premises established by the company or owner, and the company or owner shall be held harmless for injury or death to such employees, and the city shall indemnify the company or owner against loss or damage to its property by such employees and against liability claims and demands for personal injury or property damage asserted against the company or owner and growing out of gauging, inspecting or sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required by this chapter and CAL OSHA.

(Ord. No. 509, § 1, 7-12-2021)

The provisions of this chapter shall not prohibit the city council from entering into contracts with a business, industry or governmental agency to supply sewer service and all things pertaining to the furnishing of sewer service to such agencies at rates different than those provided for in this chapter or established by resolution of the city council.

(Ord. No. 509, § 1, 7-12-2021)

The city council reserves the right and power to contract separately with any person, firm, or corporation for the operation, upkeep, maintenance or expansion of the sewerage system of the city, in whole or part thereof, at wholesale, the times, places and prices to be fixed and agreed upon by the city council approving a contract.

(Ord. No. 509, § 1, 7-12-2021)

A. No person, other than employees of the city, licensed plumbers, contractors or developers shall construct or cause to be constructed, or alter or cause to be altered any public sewer, lateral sewer, or industrial connection, sewage pumping plant, pollution control plant or other sewerage facility within the city where existing or proposed wastewater flows will discharge directly or indirectly to facilities of the city without first obtaining a permit and approval of sewerage construction plans from the city.

B. The applicant shall submit to the city for approval, construction plans and such specifications and other details as required to describe fully the proposed construction, whether built on public streets or in public easements. The plans shall have been prepared under the supervision of and shall be signed by an engineer registered in the state.

C. Plans for sewerage construction shall not be approved by the city for any facility which will convey industrial wastewater unless the discharger has first obtained a discharge permit for said discharge from the city or California Regional Water Quality Control Board. Plans for sewerage construction shall meet all design requirements of the city, state and federal governments, and shall also meet all design requirements as established from time to time by the city engineer.

D. The city will approve plans for sewerage construction, issue a permit for industrial wastewater discharge or any other permit under this chapter only if it appears to the city that the sewerage construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this chapter. If requested to do so, the city will issue an inspection certificate indicating satisfactory completion of required work when all work required by the approved plans or permit has been completed and approved by the director.

E. All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter or applicable federal and state laws or requirements.

(Ord. No. 509, § 1, 7-12-2021)

A. Mains will be extended to serve new customers under the following terms and conditions. No main extension will be allowed by the city, except in an approved dedicated public street, alley or recorded public easement.

B. Prior to construction of the main, every applicant for sewer service shall enter into a written agreement with the city, whereby the applicant agrees to complete all required improvements at their expense and shall obtain a licensed contractor to perform said installation.

(Ord. No. 509, § 1, 7-12-2021)

Where sewer main extensions are required for subdivisions, it will be the responsibility of the developer, property owner or subdivider to pay all costs for complete installation and design of all sewer facilities required within the subdivision and for extension to sewer transmission mains from the subdivision to the nearest existing main of adequate capacity for the area to be served. Such transmission main shall be subject to all the public works standard specifications and designs, and to any and all modifications and supplements to said specifications. Upon official acceptance by the city, the city shall assume full ownership, maintenance and control of such mains.

(Ord. No. 509, § 1, 7-12-2021)

A. No person, firm or corporation shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers; any gasoline, benzene, naphtha, solvent, fuel oil, or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewerage system; any waste containing toxic or poisonous solids, liquids or gases in such quantities that alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with the wastewater treatment process, cause a public nuisance or cause any hazardous condition to occur in the sewerage system; any waste having a pH lower than 6.0 or higher than 9.0, or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the sewer system; any solids or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operation. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers or other similar paper products, either whole or ground; any excessive concentrations of nonbiodegradable oil, petroleum oil, soluble oil or refined petroleum products; any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewerage system; and strongly odorous waste or waste tending to create odors; dry substances promoting or causing the promotion of toxic gases.

B. Stormwater and all unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers, or to a natural outlet. Appropriate permits from all affected public or private agencies as may be required by the city shall be obtained by the applicant.

C. 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 a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.

(Ord. No. 509, § 1, 7-12-2021)

A. It shall be unlawful for any person, firm or corporation to dump or discharge raw or chemically treated sewage from any source onto the surface of any land within the city, except such lands as the city utilizes in connection with the operation of its wastewater treatment plant.

B. It shall be unlawful for any person, firm or corporation to dump or discharge into the city sewer collection system septic tank waste or any raw or chemically treated sewage or unidentified liquid waste from any source, except as provided in this chapter.

(Ord. No. 509, § 1, 7-12-2021)

That report entitled "City of Farmersville Sanitary Sewer Master Plan" as prepared by Quad Engineering, Inc., and adopted by Resolution No. 84-34, on July 25, 1985, or said report as it might be updated, revised, or amended by resolution of the city council in the future, is called the master sewer plan for the purposes of this chapter. Said master sewer plan is incorporated by reference into the ordinance codified in this chapter as a technical reference document for the planning, design, construction, operation and maintenance of the city sanitary sewer system. However, any references in said master sewer plan to the establishment of fees is not incorporated in this chapter, and shall be established by separate resolution of the city council from time to time.

(Ord. No. 509, § 1, 7-12-2021)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating and/or causing the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as set out in Chapter 1.12 of this code.

(Ord. No. 509, § 1, 7-12-2021)

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this chapter within the time limitations specified by EPA, the state, or the city, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.

(Ord. No. 509, § 1, 7-12-2021)

When required by the city, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with the plans approved by the city and said manhole shall be installed and maintained by the owner at the owner's expense so as to be safe and accessible to the city at all times.

(Ord. No. 509, § 1, 7-12-2021)

A. All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. All measurements, tests and analyses shall be determined at the control manhole provided or upon suitable samples taken at the 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 sanitary sewer to the point at which the building sewer is connected.

B. Samples collected to satisfy reporting requirements in this chapter must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(Ord. No. 509, § 1, 7-12-2021)

The city reserves the right to establish, by this chapter or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

(Ord. No. 509, § 1, 7-12-2021)

A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city, except that a significant industrial user that has filed a timely application pursuant to Section 13.08.350 may continue to discharge for the time period specified therein.

B. The city may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

D. The city shall have the authority to deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the city to violate its waste discharge requirements.

(Ord. No. 509, § 1, 7-12-2021)

A. Existing Dischargers. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall, within ninety days after said date, apply to the city for a wastewater discharge permit in accordance with this chapter, and shall not cause or allow discharge to the POTW to continue after one hundred eighty days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the city.

B. New Dischargers. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with this chapter, must be filed at least ninety days prior to the date upon which any discharge will begin or recommence.

(Ord. No. 509, § 1, 7-12-2021)

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(Ord. No. 509, § 1, 7-12-2021)

The city will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete wastewater discharge permit application, the city will determine whether or not to issue a wastewater discharge permit. The city may deny any application for a wastewater discharge permit.

(Ord. No. 509, § 1, 7-12-2021)

A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the city. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(Ord. No. 509, § 1, 7-12-2021)

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the city to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

The permit may require sampling and analysis of the wastewater discharged by the user, self-monitoring, reporting, notification, record keeping requirements, and requirements to control slug discharge, if determined by the city to be necessary. Sampling and analysis shall be performed as described in Section 13.08.320.

(Ord. No. 509, § 1, 7-12-2021)

The city may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

E. Violation of any terms or conditions of the wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the wastewater discharge permit.

(Ord. No. 509, § 1, 7-12-2021)

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, a new or changed operation, or remodel of an existing facility which is retained by the current owner.

(Ord. No. 509, § 1, 7-12-2021)

The city may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the city of changed conditions pursuant to Section 13.08.460;

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsifying self-monitoring reports;

E. Tampering with monitoring equipment;

F. Refusing to allow the city timely access to the facility premises and records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

K. Failure to complete a wastewater survey or the wastewater discharge permit application;

L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(Ord. No. 509, § 1, 7-12-2021)

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.08.350, a minimum of sixty days prior to the expiration of the user's existing wastewater discharge permit.

(Ord. No. 509, § 1, 7-12-2021)

Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing users currently discharging to or scheduled to discharge to the POTW shall submit to the city a report which contains the information required by 40 CFR 403.12(b).

At least ninety days prior to commencement of a discharge, new sources, and sources that become users subsequent to the promulgation of an applicable categorical standard, shall submit to the city a report which contains the information listed in 40 CFR 403.12(b). A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(Ord. No. 509, § 1, 7-12-2021)

A. Users must, at a frequency determined by the city but no less than twice per year, submit reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards, the measured or estimated average and maximum daily flows for the reporting period, and any other information required by the city.

B. All periodic compliance reports must be signed and certified in accordance with Section 13.08.360.

C. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities must be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

D. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in this chapter, the results of this monitoring shall be included in the report.

(Ord. No. 509, § 1, 7-12-2021)

Within ninety days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements must submit to the city a report containing the information described in 40 CFR 403.12(b)(4)-(6). For users subject to equivalent mass or concentration limits 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.

(Ord. No. 509, § 1, 7-12-2021)

A. In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load which may cause potential problems or damage to the POTW (including a violation of the prohibitions in this chapter), it is the responsibility of all users to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

B. Within five days following such discharge, the industrial user shall, unless waived by the city, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter.

C. Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.

D. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.

(Ord. No. 509, § 1, 7-12-2021)

If sampling performed by a user indicates a violation of this chapter or any permit or order issued pursuant to this chapter or other law or regulation, the user must notify the city within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty days after becoming aware of the violation. Resampling by the user is not required if the city performs sampling at the user's facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the user.

(Ord. No. 509, § 1, 7-12-2021)

A. Users subject to the reporting requirements of this chapter must retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records must include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records must remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the city.

B. Information and data on a user obtains from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the city's inspection and sampling activities, shall be available to the public 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 under applicable law. Any such request must be asserted at the time of submission of the information or data. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. No. 509, § 1, 7-12-2021)

The City of Farmersville and its designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force which 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, the city will be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The city shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

C. The city may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy, according to the frequency required in the user's permit.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user.

E. Unreasonable delays in allowing the city access to the user's premises shall be a violation of this chapter.

F. The aforesaid officers and their authorized agents shall have the right of entry, during usual business hours, and at any time when, upon reasonable cause, they believe there is an immediate hazard to life, health, or property, to inspect any and all buildings and premises in the performance of their duties. The aforesaid officers and their authorized agents shall have the right to take independent samples of any discharge from any industrial user to determine compliance with this chapter.

(Ord. No. 509, § 1, 7-12-2021)

When the city finds that a user is violating this chapter, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with all requirements and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.

(Ord. No. 509, § 1, 7-12-2021)

When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may serve upon that user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. No. 509, § 1, 7-12-2021)

A. Notwithstanding any other section of this chapter, any user that is found to have violated any provision of this chapter, its wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement shall be fined in any amount not to exceed five thousand dollars. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Assessments may be added to the user's next scheduled sewer service charge and the city shall have such other collection remedies as may be available for other service charges and fees.

C. Users desiring to dispute such fines must file a written request with the city to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. The city shall convene a hearing on the matter within thirty days of receiving the request from the user. In the event the user's appeal is successful, the payment together with any interest accruing thereto shall be returned to the user. The city may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 509, § 1, 7-12-2021)

The city may immediately suspend a user's discharge permit, municipal water services or the sewer connection upon the following:

A. Suspension of Discharger Permit.

1. For any user who fails or refuses to take all necessary action after notification of a violation which reasonably appears to present a substantial endangerment to the health or welfare of persons, or which threatens to interfere with the operation of the POTW or may present an endangerment to the environment.

2. For any user who interferes with the duties of any city personnel, fails or refuses to allow city personnel access to a building, structure, or property, or any part thereof, and said city personnel believes that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community.

B. Suspension of Municipal Water Services or Sewer Connection.

1. To stop an actual discharge which presents or causes an imminent or substantial endangerment to the health or welfare of persons, or which threatens the operation of the POTW, or which presents an endangerment to the environment.

2. For any user who fails or refuses to grant access after the issuance of a twenty-four-hours' notice whether verbal or in writing by a city official who demands access to a building, structure or property, or any part thereof to determine if a violation has occurred or to perform an inspection.

3. For any user who after being notified of a suspension of its discharge permit and fails or refuses to immediately comply with the suspension order.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. No. 509, § 1, 7-12-2021)

In addition to any provisions of this chapter, any user that violates the following conditions of this chapter, wastewater discharge permit, or orders issued hereunder is subject to discharge termination:

A. Violation of wastewater discharge permit conditions.

B. Failure to accurately report the wastewater constituents and characteristics of its discharge.

C. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

E. Violation of the pretreatment standards in this chapter or resolution of the city council.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under procedures in this chapter why the proposed action should not be taken.

(Ord. No. 509, § 1, 7-12-2021)

Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permit or orders issued hereunder, or any other pretreatment requirement, the city may petition the Superior Court of the State of California through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.

(Ord. No. 509, § 1, 7-12-2021)

A. Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of twenty-five thousand dollars per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. The city may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

C. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

(Ord. No. 509, § 1, 7-12-2021)

A. A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors.

B. A user who willfully or negligently introduces any substances into the POTW which causes personal injury or property damage or which causes the city's POTW to violate any effluent limitation or condition in a permit issued to the POTW shall, upon conviction, be guilty of a misdemeanor and be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors.

D. In the event of a second conviction, a user shall be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors.

(Ord. No. 509, § 1, 7-12-2021)

The enforcement procedures, penalties, and remedies provided in this chapter are not exclusive, but are in addition to any other enforcement procedures, penalties, and remedies that may be provided elsewhere in this chapter or by any federal, state, or local law, regulation, or rule. The city reserves the right to take any, all, or any combination of these enforcement procedures, penalties, and remedies against any person who violates a provision of this chapter.

(Ord. No. 509, § 1, 7-12-2021)

A. The charge imposed upon each residential parcel of property for each billing period shall be set by resolution, as per the residential category according to Section 13.08050.

B. The charge imposed upon each commercial parcel of real property for each billing period shall be set by resolution, as per the commercial category.

C. The service charge imposed upon each industrial parcel of real property, and not classified as either residential or commercial in the two preceding divisions, shall be determined by the following formula:

1. General Formula.

C = 1,548.9 V + 0.63774 B + 0.50687 S where:

C = Annual service charge in dollars.

V = Annual volume million gallons of wastewater discharged by user in the city's sewage system.

B = Annual pound of five-day biochemical oxygen demand discharge by the user into the city's sewage system.

S = Annual pounds of suspended solids, discharged by the user into city's sewage system.

The city shall examine the available data in its files on the wastewater volume and characteristics on each industrial user, and its sole decision on the quantity and loadings of the wastewater shall be final.

2. If the fee calculation is defined in the discharge permit for a specific industrial discharger, then that fee calculation shall supersede the calculation in subsection C.1 of this section for said specific discharger.

D. The city shall collect besides the service charge in subsection C of this section, an additional charge known as the industrial cost recovery from those industrial users who discharge either: (a) twenty-five thousand gallons per day or more of equivalent sanitary domestic wastes; or per day or more equivalent sanitary domestic wastes; or (b) toxic materials. The industrial cost recovery shall be determined by the following formula:

C = 845.4 V + 0.1205 B + 0.06443 S where:

C = Annual industrial cost recovery in dollars and V, B and S are defined in subsection C.

E. Notwithstanding anything to the contrary in this chapter contained, any premises within the city boundaries having a sewer connection, but for which a specific category or classification for sewer service charges has not been set forth above, or for any vehicle that discharges sewage or wastes to the city's sewage treatment plant, the city shall charge such premises or vehicle at a rate based on the formula shown in subsection C of this section. The quantity and characteristics of wastewater discharged shall be estimated by the city in its sole discretion and its determination shall be final.

F. Alternatively to all other charges described in this section, any commercial user whose property has a water meter may elect to be charged for sewer service based upon water consumption (the "alternative sewer charge program"). Any election by a customer to utilize the alternative sewer charge program shall be made in writing to the city. The election to utilize the alternative sewer charge program may be canceled by the customer by written notice to the public works director any time following twelve months from the date that the customer elects to utilize the alternative sewer charge program. A customer who has canceled the alternative sewer charge program may not elect to utilize it again for a period of twelve months following the cancellation. The city council may adopt the rates to be utilized for the alternative sewer charge program by resolution.

(Ord. No. 509, § 1, 7-12-2021)

A. Title. This section shall be referred to as the "City of Farmersville FOG Control Program Ordinance" or "FOG Ordinance."

B. Purpose. The purpose of the FOG Control Program Ordinance is to reduce sanitary sewer overflows and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. By controlling the discharge of fats, oils and grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system's operating efficiency and reducing the number of sewer line blockages and overflows.

C. General FOG Discharge Prohibitions. No food service establishment (FSE) shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.

D. Specific FOG Prohibitions. The following specific prohibitions shall apply to all FSEs:

1. Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited.

2. Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and stormwater, shall not be connected to a grease removal device.

3. No dishwasher shall be connected to a grease trap.

4. Discharge of wastewater with temperatures in excess of one hundred forty degrees Fahrenheit (sixty degrees Celsius) into any grease trap is prohibited.

5. Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.

6. Introduction of any additive into a grease removal device or directly into the sewer system for the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation, or as a supplement to any grease removal device maintenance is prohibited, unless specifically authorized in writing by the city.

7. Discharge of any waste which has been removed from a grease removal device into the sewer system is prohibited.

E. FOG Wastewater Discharge Permit Required. All FSEs shall obtain a FOG wastewater discharge permit. Nothing in the permit is intended to relieve the FSE of any local, state, or federal regulation. Any denial of a permit may be appealed under 13.08.120.

F. Permit Application Requirements. FOG wastewater discharge permit applications shall include the following information:

1. Name, address, telephone number, description of the FSE and service activities.

2. Name of any and all principals/owners of the FSE.

3. Name and address of property owner or lessor and the property manager where the FSE is located.

4. Floor, site and plumbing plans showing detailed sewer connections and grease removal devices.

5. Specifications of all grease removal devices.

6. Operational statement of FSE.

7. Any other information as may be specified in the application form.

G. FOG Wastewater Discharge Permit Conditions.

1. FOG wastewater discharge permits must contain the following:

a. A statement that indicates the wastewater discharge permit duration.

b. A statement that the wastewater discharge permit is nontransferable.

c. A statement of applicable civil and criminal penalties for violation of permit and FOG ordinance.

2. FOG wastewater discharge permits may contain the following conditions or limits if found necessary to meet the intent of this FOG Control Program Ordinance by the General Manager:

a. Limits on discharge of FOG and other pollutants.

b. Requirements to install, operate, and maintain adequate pretreatment devices including grease removal devices.

c. Requirements for proper operation and maintenance of all pretreatment devices.

d. Grease removal device maintenance frequency and schedule.

e. Requirements for implementing, maintaining, and reporting on the status of best management practices (BMPs).

f. Requirements for maintaining and submitting logs and records, including waste hauling records and manifests and to have such records available for inspection.

g. Requirements to self-monitor.

h. Additional requirements as may be determined to be reasonably appropriate by the city or as specified by other regulatory agencies to protect the collection system.

i. Other terms and conditions, which may be reasonably applicable to ensure compliance with the FOG control program.

H. FOG Wastewater Discharge Permit Modifications. FOG wastewater discharge permit modifications are subject to 13.08.400 of this chapter consistent with the terms, requirements, and policies in this section.

I. Best Management Practices. All FSEs shall implement BMPs in an effort to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:

1. Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

2. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

3. Disposal of Food Waste. All food waste should be disposed of directly into the trash or garbage and not into sinks and shall be disposed of in a manner that will ensure against leakage in the trash container or anywhere else.

4. Employee Training. Employees of the FSE shall be trained by ownership/management periodically as specified in the FOG wastewater discharge permit on the following subjects:

a. Dry-wiping pots, pans, dishware and work areas before washing to remove grease.

b. Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.

c. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.

d. Properly disposing grease or oils from cooking equipment into a proper grease receptacle without spilling.

e. Training shall be documented along with employee signatures. Training records shall be available for review at any time by authorized representatives of the city.

5. Maintenance of Mechanical Exhaust Ventilation Filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning exhaust filters shall be disposed of properly.

6. Kitchen Signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

J. FOG Pretreatment Required for New and Existing FSEs. FSEs are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this section, subject only to the variance and waiver provisions and other exceptions of this section. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.

1. New FSEs shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.

2. Existing FSEs shall install grease interceptors in any of the following circumstances:

a. When the FSE changes ownership;

b. When any change in operation results in or has the potential to result in the increase of the amount of FOG generated and/or discharged by FSE in an amount that alone or collectively causes or creates a potential SSO to occur;

c. When it is determined by the city that the FSE caused or contributed to grease-related blockages in the sewer system, has sewer laterals connected to hot spots, or has been determined to contribute significant FOG to the sewer system, based on inspection and sampling;

d. During a remodel; or

e. Any other time the city reasonably determines that installation of a grease interceptor is necessary to avoid an adverse impact to the sewer system.

3. Any existing FSE that receives a notice from the city to install a grease interceptor must install the interceptor within one hundred eighty days unless otherwise required by the city.

K. Variance of Grease Interceptor Requirement. Notwithstanding any other provision in this section, an existing FSE may obtain a variance, at the city's discretion, from the grease interceptor requirement to allow alternative pretreatment technology that is equally effective in controlling the FOG discharge in lieu of a grease interceptor. One such type of alternative pretreatment technology is a grease trap. Consideration of granting the variance will be based on the following:

1. There is insufficient space for installation and/or maintenance of a grease interceptor.

2. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection line or the public sewer.

3. The FSE can demonstrate, to the satisfaction of the city, that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling FOG. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment technology, its continued ability to effectively control FOG discharge.

4. The variance may be rescinded if subsequent monitoring shows accumulation of FOG in the sewer lateral or the collection system downstream of the FSEs connection or if the FSE caused or contributed to a sanitary sewer overflow. A grease interceptor must be installed within one hundred eighty days of the rescission of a variance. Denial or revocation of a variance may be appealed pursuant to 13.08.120.

L. Cost Recovery. All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by an FSE shall be reimbursed to the city by the FSE. Factors for determining responsible parties for cost recovery charges include the FSEs that are discharging into the affected sewer line, the presence of grease removal devices or alternative pretreatment in the FSE, proper maintenance of grease removal devices by the FSE, implementation of BMPs, and any waivers or variances granted.

M. Drawing Submittal Requirements. At the time of obtaining a FOG wastewater discharge permit or upon request by the city:

1. FSEs may be required to submit copies of design and as-built facility site plans, mechanical and plumbing plans and details to show all sewer locations and connections. The documents shall be in a form acceptable to the city for review of existing grease control devices, monitoring facilities, metering facilities and operating procedures. The review of plans and procedures shall in no way relieve the FSE of the responsibility to modify the facilities or procedures in the future, as necessary to produce an acceptable discharge and to meet the requirements of this FOG control program.

2. FSEs may be required to submit a schematic drawing of the grease removal device or alternative pretreatment, piping and instrumentation diagram, and wastewater characterization report.

3. At the city's discretion, all drawings and/or reports may be required to be prepared by a California registered civil, chemical, or electrical engineer.

N. Grease Interceptor Requirements. Any FSE that is required to provide FOG pretreatment shall install, operate and maintain an approved type and properly sized grease interceptor, or other grease removal device authorized under an approved variance, necessary to maintain compliance with the purpose of the FOG control program.

1. Approved grease interceptor sizing and installation shall conform to the latest approved edition of the California Uniform Plumbing Code.

2. Grease interceptors shall be constructed in accordance with the design approved by the city and shall have a minimum of two compartments with fittings designed for grease retention.

3. Grease interceptors shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning and removal of accumulated grease.

a. Grease interceptors may not be installed in any part of the building where food is handled.

b. If a location is not available on the property of the FSE, a street encroachment permit may be requested to authorize installation of a grease interceptor in a public access area such as the street or sidewalk area.

c. There will be no obstruction from landscaping or parked vehicles, with the exception of parked vehicles in a public access area as granted through a street encroachment permit.

4. Access manholes, with a minimum diameter of twenty-four inches, shall be provided over each grease interceptor chamber and sanitary tee. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.

5. The original design of the grease interceptor shall not be modified unless the manufacturer recommends the modification in writing.

a. Any modification will be at the FSE's expense.

b. The city is not liable for any non-compliance as a result of any modification.

6. The city may require other pretreatment measures or modifications to improve the effectiveness of the grease interceptor.

7. Connections to the grease interceptor shall be approved by the city, and the city may require connections to be removed.

O. Grease Interceptor Maintenance Requirements. Grease interceptors shall be maintained in efficient operating condition by periodic complete removal of all contents of the devices including wastewater, accumulated FOG, floating materials, sludge and solids.

1. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.

2. FSEs that are located in an area that is considered to be a hot spot will be required to submit data and information necessary to establish a maintenance frequency for their grease interceptor.

3. The maintenance frequency for all FSEs with a grease interceptor shall be determined in one of the following methods:

a. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the twenty-five percent rule. Regardless, the interval between cleaning shall not exceed three months.

b. The owner/operator of a FSE may submit a request to the city asking for a change in the maintenance frequency at any time. The FSE has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of the twenty-five percent rule. The FSE must also show that it is in full compliance with the conditions of its FOG wastewater discharge permit and this section. Upon approval by the city, the FOG wastewater discharge permit will be modified accordingly to reflect the change in maintenance frequency.

c. If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the twenty-five percent rule, the FSE shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the FSE may be required to increase the maintenance frequency of the grease interceptor from its current frequency.

4. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed offsite properly by licensed waste haulers or recyclers in accordance with federal, state, and/or local regulations.

P. Grease Trap Requirements. Grease traps may be authorized by the city through a variance under [subsection] K of this section with the following conditions:

1. Grease traps shall be installed in waste lines leading from drains, sinks and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.

2. Grease traps shall be properly sized and installed in accordance with the latest approved edition of the California Uniform Plumbing Code.

3. The original design of the grease trap shall not be modified unless the manufacturer recommends the modification in writing.

a. Any modification will be at the FSE's expense.

b. The city is not liable for any non-compliance as a result of any modification.

4. Grease traps shall be maintained in efficient operating conditions by removing accumulated grease. The interval between cleaning will be established by the city, but shall not exceed four weeks. Baffles shall be removed and cleaned during the maintenance process, when applicable.

5. Grease traps shall be kept free of all food residues and any FOG waste removed during the cleaning and scraping process.

6. Grease traps shall be inspected periodically to check for leaking seams and pipes and for effective operation of the baffles and flow regulating devices.

7. Grease traps and their baffles shall be maintained free of all caked on FOG and waste.

8. Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

9. The temperature of any water entering a grease trap shall not exceed one hundred forty degrees Fahrenheit (sixty degrees Celsius).

Q. Monitoring Requirements.

1. The city may require, through the FOG wastewater discharge permit or at any time, an FSE to construct and maintain in proper operating condition, at the FSE's sole expense, flow monitoring, constituent monitoring, and/or sampling devices.

2. The location of monitoring or metering devices shall be subject to approval by the city.

3. At all times, FSEs shall provide immediate, clear, safe and uninterrupted access to authorized representatives of the city to all monitoring and metering devices.

4. FSEs may be required by the city to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of any grease removal device and compliance with this section.

R. Record Keeping Requirements. FSEs shall keep all records, including manifests, receipts and invoices of all cleaning and maintenance of grease removal devices. All records shall be made available to authorized representatives of the city upon request. In addition to the above mentioned documents, records include logbooks of maintenance activity, BMPs and employee training, sampling data, spill reports, line cleaning reports, and any other information deemed appropriate by the city to ensure compliance with the FOG control program and this section.

(Ord. No. 509, § 1, 7-12-2021)