Fillmore Municipal Code Ch. 12.05 Administration of System

The city manager shall administer, implement and enforce the provisions of this title. Any ministerial powers granted to or duties imposed upon the city manager may be delegated by him to persons acting in the employ of or under contract with the city.

(Ord. 625 § 1 (part), 1989)

The city manager may promulgate regulations and standards to protect the sewerage system, to comply with all applicable federal and state laws, to regulate the proper use thereof, to prevent overflow, and to provide for issuance, suspension or revocation of industrial wastewater discharge permits; provided, however, that such regulations shall be consistent with the provisions of this title and formulated to result in the uniform control of the whole sewerage system within the city. The city manager may promulgate reasonable regulations for the rate of flow and the quality and quantity of wastewater discharges to the sewerage system, consistent with the purposes of this title.

(Ord. 625 § 1 (part), 1989)

(a) The city manager, through a program of inspection and sampling, shall ensure compliance with the provisions of this title, the user's industrial wastewater discharge permit and all applicable federal and state laws and regulations. The program shall include, but is not limited to, the review of self-monitoring reports, inspection, sampling, flow verification, and the retention and availability of all pertinent records (40 CFR 403.8(f)(1)(v)).

(b) The city manager may inspect the facilities of any person to ascertain whether the purposes of this title are being met and all prohibitions, limitations and requirements are being complied with. Upon presentation of proper identification, the occupants of premises where waste or wastewater is being created or discharged shall allow city inspectors ready access, at all reasonable times, to all parts of the premises for the purposes of inspection, sampling, records examination, evidence gathering, or the performance of any other of their duties. The city manager may also enter the premises at any hour under emergency circumstances. The city, the approval authority and the EPA shall have the right to set up on the user's premises such devices as they deem necessary to conduct sampling, inspection, compliance monitoring and metering operations. The city manager, the EPA and the approval authority shall have access to and the right to inspect and copy all of an industrial user's records pertaining to wastewater discharge and compliance with pretreatment standards and requirements, whether such records are located at the facility where the wastewater is created or discharged or elsewhere, in accordance with Section 12.13.010(b).

(c) During the inspection and compliance monitoring activities, the inspector shall apply all reasonable security, safety and sanitation measures and shall observe the reasonable precautionary measures specified by the user.

(d) Where a user has security measures in force which would require identification and clearance before entry into the premises, the user shall arrange that, upon presentation of suitable identification, personnel from the city, the approval authority or the EPA will be permitted to enter, without delay, to perform their specific responsibilities.

(e) No person shall interfere with, delay, resist or refuse entrance to an authorized inspector attempting to inspect any raw material, waste or wastewater generation, conveyance, treatment or storage facility (40 CFR 4O3.8(f)(1)(v)).

(f) A report listing any deficiencies or violations found during the inspection shall be prepared by the inspector and kept on file by the city.

(g) If corrections are needed, the user shall provide to the city manager an approved compliance schedule (see Section 12.12.050).

(h) When obtaining samples, the inspector shall allow the user to collect replicate samples for separate analysis.

(Ord. 625 § 1 (part), 1989)

All connections, including the wye or saddle at the sewer main, shall be maintained at the expense of the property owner.

(Ord. 625 § 1 (part), 1989)

(a) If sewerage system capacity is not available, the city manager may restrict discharge until sufficient capacity is made available. The city manager shall advise any person desiring to locate a new facility of the areas where wastewater of the proposed quantity and quality can be received by available sewerage system capacity. The city manager may refuse immediate service to any new facility located in an area where there is insufficient capacity in the sewerage system to accommodate the proposed quality and quantity of the wastewater or where the discharge of wastewater will violate any of the provisions of this title or cause the city to violate its NPDES permit.

(b) The city manager may restrict the rate of discharge into any sanitary sewer during the peak flow hours (eight a.m. to ten p.m.), or at any other time, when required to prevent the overloading of the sewerage system. A discharger so restricted shall be required either to curtail the rate of discharge or to provide approved storage or retention facilities for the waste water. Wastewater so retained may be discharged into the sewerage system between the hours of ten p.m. and eight a.m., or during other periods prescribed by the city manager, at a rate of flow which the sewerage system can accommodate.

(Ord. 625 § 1 (part), 1989)

Any person who discharges or causes to be discharged into the sewerage system, directly or indirectly, any waste or wastewater which creates or contributes to a stoppage, plugging, breakage, or permanent or chronic reduction in the capacity of a sewer, or any other damage to the sewerage system, shall be liable for the damage and for excessive sewerage system maintenance expense occasioned thereby. The expense of repairing the damage, any excessive maintenance expense, and any other expense attributable thereto shall be a debt to the city and shall be charged to the offending discharger by the city manager.

(Ord. 625 § 1 (part), 1989)

Any person who discharges or causes to be discharged into the sewerage system, directly or indirectly, any prohibited waste or wastewater which damages the system, has detrimental effect upon the wastewater treatment plant processes, or causes the violation of a discharge requirement or regulation imposed by a regulatory agency shall be liable for all damages and costs occasioned thereby, including any penalty assessed by any regulatory agency, all of which shall be deemed a debt to the city and shall be charged to the offending charger by the city manager.

(Ord. 625 § 1 (part), 1989)

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public and to governmental agencies without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the city that such would divulge information, processes or methods of production entitled to protection as confidential information of the user. When requested by the person furnishing a report, the portions of the report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this title or the National Pollutant Discharge Elimination System; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report (40 CFR 403.8(f)(1)(v)). Information and data provided to the control authority which is effluent data shall be available to the public without restriction (40 CFR 403.14(b)).

(Ord. 625 § 1 (part), 1989)

Any person aggrieved by an action, decision or determination of the city manager under this title may file with the city clerk a written request for reconsideration. The request shall specify the action, decision or determination complained of and shall state the reasons upon which the request for reconsideration is based. The city manager shall consider the request, rule thereon, and give notice of his ruling within thirty calendar days following the filing of the request.

(Ord. 625 § 1 (part), 1989)

(a) Within ten calendar days following the date that notice of the city manager's ruling on reconsideration is given, the person who initiated the request for reconsideration may appeal the city manager's ruling to the city council.

(b) An appeal shall be perfected by filing with the city clerk an original and two copies of a notice of appeal which states with particularity the grounds of appeal and the specific relief requested, and delivering the filing fee specified in the fee ordinance. The clerk shall note on the original notice the date and time of filing and shall transmit copies of the notice to the city manager and city attorney.

(Ord. 625 § 1 (part), 1989)

(a) A hearing on appeal shall be held by the city council no later than thirty-five calendar days following the date of filing of the notice of appeal.

(b) At the first regular meeting of the city council after the filing of notice, the clerk shall fix the date, place and time of hearing on appeal. Written notice thereof shall be given by the clerk, at least ten calendar days prior to the date of hearing, to the appellant, the city manager and city attorney, and may be given to any other person affected by the appeal.

(c) The hearing on appeal shall be restricted to the issues raised by the grounds specified in the notice of appeal. The appellant may appear personally and by counsel, may examine opposing witnesses and may present witnesses and evidence in his own behalf.

(d) The city council shall announce its decision resolving an appeal within fourteen calendar days after the conclusion of the hearing. The decision of the council shall be final and, unless otherwise provided in the statement of decision, shall be effective from the time of its announcement. The decision shall comport with the purpose of this title, shall do substantial justice and shall serve the public interest, health, safety and welfare.

(Ord. 625 § 1 (part), 1989)

Not later than five calendar days after the date on which the decision of the city council is rendered upon an appeal, the clerk shall give notice of the decision by mailing a copy thereof to the appellant.

(Ord. 625 § 1 (part), 1989)

(a) Unless otherwise provided herein, any notice required to be given by the city pursuant to this title shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the city manager.

(b) Notice by mail shall be deemed to have been given at the time of deposit, registered or certified, postage prepaid, in a collection facility regularly serviced by the United States Postal Service. Notice personally served shall be effective at the time the written notice is delivered to the person or served in any other manner permitted by the Code of Civil Procedure.

(c) Any time limit provided in a written notice or in any provision of this title may be extended in writing by or at the direction of the city manager.

(Ord. 625 § 1 (part), 1989)

The clerk shall cause to be published, at least annually in a newspaper of general circulation published within the city, a list of all industrial users which, during the previous twelve months, had significantly violated federal pretreatment standards or other pretreatment requirements. For the purposes of this provision, a significant violation is one which remained uncorrected forty-five days after notification cation of the violation, which is a part of a pattern of noncompliance over a twelve-month period, which involves a failure accurately to report a noncompliance, or which resulted in the exercise of the city's emergency authority (40 CFR 403.8(f)(2)(vii)).

(Ord. 625 § 1 (part), 1989)