Firebaugh Municipal Code § 15-2 Sewer Regulations

[Ord. #82-2, S2; Ord. #83-3, S2; Ord. #96-2, S1; Ord. #98-1, S1]

a. It shall be a misdemeanor for any person to discharge or cause to be discharged any rain or storm water, surface water, ground water, drainage water or roof-off water into the sewer system of the city.

b. It shall be a misdemeanor for any person to discharge waste drainage containing sand, grease, oil or sludge except through a trap or settling box sufficient to prevent the sand, grease, oil or sludge from being carried into the sewer system. These traps and settling boxes shall be kept clean and in sufficient repair at all times by the owner of the property. It shall be a misdemeanor to disconnect or bypass a trap or settling box so provided in a manner which might cause drainage to be discharged directly into the sewer system and frustrate the purpose of this section in requiring the provision of traps or settling boxes. Where a trap or settling box is provided and so disconnected or bypassed, it shall be presumed that the person or entity discharging the drainage is responsible for the disconnection or bypass.

c. It shall be a misdemeanor for any person to drain waste water into the sewer system containing acid or chemicals in such amount as to interfere with the natural digesting process at the sewer disposal plant, or in such quantity as might be reasonably expected to lead to such interference.

d. It shall be a misdemeanor for any person to remove or cause to be removed a cover from a manhole or any other opening in the city sewer system, other than a city-approved building sewer, for the purpose of permitting or causing to be directly discharged into the sewer system rain, storm, surface, grounds, drainage or roof-off water, or holding tank waste; except that city employees acting within the scope of their duties as such shall be exempt from the provisions of this paragraph d.

e. It shall be a misdemeanor for any person to discharge or cause to be discharged any holding tank waste into the city sewer system except in accordance with subsection 15-2.8 and a valid permit issued pursuant to that section. For purposes of this Chapter 15, "holding tank waste" means any waste or other substance from any holding tank such as but not limited to a septic tank, a vessel, a chemical toilet, a camper, a trailer or a vacuum pump tank truck.

[Ord. #96-2, S2]

The public works director or his designated representative may direct, in writing, any person proposing to discharge into the city sewer system any waste, waste water, water or other substance to have it tested for the purpose of determining whether it complies with the applicable requirements, standards and criteria in this chapter or in any other applicable Federal, State or local laws, rules, codes or regulations. Upon receipt of such written direction, the person shall immediately cease from discharging the waste water, water or other substance specified in the direction and shall not discharge, attempt to discharge or cause to be discharged such substance until the testing has been completed and the public works director has given written permission for the discharge. All testing shall be done at no cost to the city and shall be performed according to the methods, standards, criteria and schedule specified by the public works director. If the results of the testing show, to the public works director's satisfaction, that the waste, waste water, water or other substance complies with this chapter and with all applicable Federal, State and local laws, rules, codes and regulations, that it is amenable to treatment by the processes employed by the city's waste treatment facilities, and that it will not be otherwise detrimental or cause damage to the city sewer system or waste water treatment facilities, the director may give the person written permission to discharge the substance into the city sewer system. The permission, if given, shall be subject to all conditions specified by the public works director, including without limitation pretreatment of the substance at no cost to the city.

It shall be a misdemeanor for any person to discharge or cause to be discharged into the city sewer system any waste, waste water, water or other substance not in compliance with this section.

[Ord. #342, S3]

There is a fund known as the City of Firebaugh Sewer Revenue Fund. All charges, penalties and connection fees for the sewer system shall be paid into said fund and disbursed therefrom in accordance with the provisions of Resolution No. 998, adopted by this council on February 10, 1976.

[Ord. #308, S16]

There is a city sewer department, which shall be under the management and control of the director of public works, or such other person as may be appointed by the city council as director thereof.

[Ord. #308, S17; New; Ord. #80-6, S2]

Any person making a new connection to the city sewer system shall pay a connection fee as set by the city council resolution after a duly noticed public hearing.

[Ord. #308, S18]

All plumbing affecting the sanitary condition of any building or structure within the boundaries of any lot in the city shall be connected with the public sewage system of the city, provided that when property is annexed to the city which is connected to a cesspool or septic tank, the cesspool or septic tank may continue to be used for not more than six months or until the structures on the property can be connected to the sewage system, whichever is sooner.

[Ord. #308, S19]

All plumbing to be connected to the Firebaugh sewage system shall be constructed of materials and a manner of construction, with clean-outs, grade, trench and easements in such a manner as to conform to the standard specifications and requirements maintained by the director of public works. All sewage lines or other plumbing which is designed to be connected to the city sewage lines shall be inspected during the course of construction as to the layout, groundwork, materials and construction. The city building inspector shall conduct the inspections, and a reasonable fee shall be charged to the owner for the inspections.

[Ord. #342, S2; Ord. #13-03, S2]

a. There is hereby levied and assessed upon each premises having any sewer connection available with the sewerage system of this city or which is discharging sewage that ultimately passes through the sewerage system of the City of Firebaugh, a service charge payable as hereinafter provided and in an amount provided as established by resolution of the city council.

b. The rates established for all user classes by the city shall include, without limitation, the costs of upgrade and maintenance of the sewer treatment and distribution systems, administration and overhead costs, costs of future repairs and capital improvements, necessary reserves to protect and ensure the future utilization of these systems.

c. The rates established for all user classes by the city shall also include the cost of sewer services which are supplied to city-owned facilities, including, without limitation, city parks, city buildings, City Hall, the police department, the fire department and the Senior Center. City facilities are operated, maintained, and used by, and for the benefit of, the sewer customers of the City of Firebaugh. Since all customers directly or indirectly benefit from city facilities, the cost of providing sewer services to these facilities is included in the sewer rates of the sewer customers of the City of Firebaugh.

[Ord. #98-1, S2]

Any person proposing to discharge holding tank waste into the sewer system of the city must first secure a holding tank waste discharge permit as provided in this section. Unless allowed by the city under the terms and conditions of a permit, a separate permit must be secured for each separate discharge. Discharge of the holding tank waste shall be in accordance with all terms, conditions and requirements of this section and the permit.

a. Any person seeking a holding tank waste discharge permit shall complete and file with the public works director an application on the form prescribed by the city, accompanied by an application fee in the then-current amount established from by resolution of the council. As part of the application, the applicant shall submit, in units and terms appropriate for evaluation, the following information:

1. Name, address, telephone number and current Fresno County Department of Health registration number; if the applicant is a company, name of the owner;

2. Volume of holding tank waste to be discharged;

3. Source, constituents and characteristics of the holding tank waste to be discharged;

4. Year, make, holding tank waste capacity and license number of each vehicle that will make discharges under the permit; and

5. Any other information as the public works director may deem necessary to evaluate the permit application.

The public works director will evaluate the information furnished by the applicant and may require additional information. After evaluation and approval of the application, the director may issue a holding tank discharge permit subject to the terms and condition provided in this section. If the permit is issued, the applicant shall first pay the estimated user charges at the then-current rates established by resolution of the city council and shall meet such other conditions as the director may require.

b. A holding tank waste discharge permit shall state the specific location of the discharge, the day(s) and time(s) of day the discharge is to occur, the volume of the permitted discharge, specific limitations on the characteristics and constituents of the holding tank waste that may be discharged and such other terms and condition as the public works director determines necessary or appropriate. No person shall discharge holding tank waste except at the location, on the days, during the times and upon the conditions stated in the permit. The permit or a legible copy thereof shall be carried in each discharging vehicle specified in the permit and shall be displayed to the director or his designated representative at the specified discharge location.

c. Discharge of permitted holding tank waste shall be made only under the direct supervision of the public works director or his designated representative. Discharge prohibitions shall be those contained in the permit and those in subsection 15-2.1.

d. A holding tank waste discharge permit shall not override any permit, rule, regulation or requirement of the Fresno County Health Services Agency, of Article I, Chapter 4, Part 13 of Division 104 of the California Health & Safety Code or of any other applicable Federal or State law or regulation.

e. The volume of holding tank waste discharge may be ascertained by means of an external sight glass or other suitable device acceptable to the public works director, marked in 100 gallon increments, provided that a "certificate of inspection" from the Fresno County Division of Weights and Measures is obtained annually for each permitted vehicle's measuring device. The permittee shall furnish to the director a copy of the "certificate of inspection" for each permitted vehicle so certified. Any permitted vehicle without such measuring device shall be charged for each load according to the rated capacity of the tank. The discharger will be given a receipt, signed by both the public works director or his designee and the discharger, at the time of the discharge. The receipt shall state the volume of holding tank waste discharged. The city will bill the permittee at the beginning of each calendar month for user charges based on the amount discharged during the preceding calendar month, at the then-current rates established by resolution of the city council, with a credit for any estimated user charges paid pursuant to paragraph a of this subsection 15-2.8. In addition, if processing the permittee's loads necessitates overtime work or special handling by city personnel, the permittee shall be responsible and shall be billed for all additional costs in connection therewith.

f. The permittee shall be liable for any damage to city personnel, structures, property or waste water treatment processes caused by any holding tank waste load deposited pursuant to the permit. The permittee shall have in effect, at all times while exercising the privileges of the permit, public liability and property damage insurance of not less than the amount specified by the city in the permit and shall furnish evidence of such coverage immediately upon request by the city.

g. The permittee shall notify the public works director 24 hours prior to delivery of any holding tank waste load.

h. The public works director shall have the right to sample or cause sampling of holding tank waste loads before they are discharged into the city's sewer system or waste water treatment facility. Laboratory charges incurred shall be paid by the permittee, whether or not the load is accepted. The director may require pretreatment measures to bring the holding tank waste to be discharged into compliance with the limitations of the permit and this code. Such pretreatment, if required, shall be accomplished by the permittee at the permittee's expense.

i. The city reserves the right to reject any holding tank waste load. Any rejected load shall be retrieved by the permittee at the permittee's expense. If the permittee fails to retrieve a rejected load immediately, the city shall have the right to arrange for disposal by any legal means and collect the full costs of doing so from the permittee.

j. For each holding tank waste load to be discharged into the city's sewer system or waste water treatment facility, all holding tank waste sources shall be recorded on a waste hauler manifest form provided by the city. Each manifest form shall be submitted to the public works director or his designated representative prior to discharge.

k. In addition to other terms, conditions and restrictions required by this subsection 15-2.8 or deemed necessary or appropriate by the public works director, each holding tank waste discharge permit shall contain, and each permittee shall comply with, the following conditions:

1. Only domestic holding tank waste may be discharged. Discharge of industrial or commercial holding tank waste, including waste from sand, oil or grease interceptors, shall be prohibited.

2. Discharge of any waste classified as hazardous waste by either the State or the United States Environmental Protection Agency shall be prohibited.

3. Discharge of holding tank waste from outside the county shall be prohibited and shall not be accepted for processing by the city.

4. The permittee shall preserve for at least three years all records, books, documents, memoranda, reports and correspondence relating to the monitoring, sampling and chemical analyses of holding tank waste made by or on behalf of the permittee in connection with the discharge.

5. Except where such disclosure is prohibited by law, all reports and other documents required by this section shall be available for public inspection at the office of the public works director.

6. No person shall increase the use of potable or process water in or in any way attempt to dilute a holding tank waste discharge as a partial or complete substitute for adequate treatment to achieve compliance with discharge limitations contained in this section or a permit.

7. The permittee shall indemnify, hold harmless and defend the city, its council, boards and commissions, and each of its officers and employees from any and all claims, demands, loss, liability, costs or damages (in contract, tort, strict liability or statute, including personal injury, death or property damage) arising out of or in any way connected with discharge of holding tank waste or other acts or omissions in connection with a permit issued under this section, including without limitation any damage to city personnel, structures, property or waste water treatment processes. Without limiting the preceding sentence, if any holding tank waste load accepted from the permittee causes or contributes to a violation of any Federal, State or local waste water standard, rule or regulation, the permittee shall reimburse the city for any and all loss, liability, damage or penalties resulting therefrom.

8. A holding tank waste discharge permit shall not be assigned or transferred; provided that if the permittee is sold to or merges into another entity, the permit may be transferred to the successor entity and discharges thereunder continued only upon the public works director's written approval of such transfer.

l. No holding tank waste discharge permit issued under this section shall be deemed to convey any property or vested rights or any exclusive privileges. Such permit may be revoked by the public works director at any time. Without limiting the preceding sentence, the public works director may immediately revoke a permit when, after inspection, monitoring or analysis, he determines that the discharge of holding tank waste to the city's sewer system or waste water treatment facility is or will be in violation of this Chapter 15 or any other Federal, State or local law, ordinance, regulation or standard, or when he determines that there has been falsification or misrepresentation of data or statements in the application for the permit or in any reporting form or other document required to be submitted by this subsection 15-2.8. The director shall give the permittee written notice of revocation. Such notice will be sufficient if given by first class mail to the permittee's most current address on file with the director. The revocation shall be effective on the date stated in the notice.

m. A holding tank waste discharge permit may be modified by the public works director at any time due to modifications in applicable laws, regulations, standards, limitations or requirements or for other causes. The director shall give the permittee written notice of any such modification. The notice will be sufficient if given by first class mail to the permittee's most current address on file with the director. The permittee shall have a reasonable period of time, as determined by the director, after such notice to comply with any modification which results in new conditions under the permit.

n. It shall be unlawful and a misdemeanor for any person to violate any provision of a holding tank waste discharge permit or this subsection 15-2.8. In addition, any person who intentionally or negligently violates any provision of a holding tank waste discharge permit or this subsection 15-2.8 may be liable in a civil action for an amount not to exceed $6,000 for each day in which the violation occurs.

[Ord. #13-04]

CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD

Shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

INDUSTRIAL CONNECTION SEWER

Shall mean any sewer connecting a building, building sewer, process facility or drainage system to the public sewer for purposes of conveying industrial wastewater.

INDUSTRIAL USER

Shall mean any user who discharges nondomestic wastewater to the public sewer or city-owned treatment and/or disposal site. In this section industrial user may be referred to as the "discharger."

INDUSTRIAL WASTEWATER

Shall mean all water-carried wastes and wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharge includes significant quantities of wastes of nonhuman origin.

PERSON

Shall mean any individual, partnership, co-partnership, firm, company, corporation, association, 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.

[Ord. #13-04]

a. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge from the city manager, upon recommendation by the city engineer.

b. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter. Specific discharge limits, as specified in the National Categorical Pretreatment Standards or the city's waste discharge order shall be included in each permit: provided, however, that if no such limit has been established, the city engineer shall ascertain the limit to be applied to the discharger and such limit shall be incorporated in the permit. Those limits set by the city engineer shall be no less stringent than applicable State and National Categorical Pretreatment Standards or limits listed in the city's industrial waste discharge order from the Central Valley Regional Water Quality Control Board.

c. No person shall discharge industrial wastewaters in excess of the quantity or in violation of quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit or desiring to change its discharge parameters, shall apply to the city for an amended permit. An amended permit shall be secured before discharging at limits which violate the current permit condition. New or increased contributions of pollutants to the city sewerage system by industrial users, where such contribution do not meet applicable Categorical Pretreatment Standards or the city's waste discharge order and the requirements set forth in this chapter or where such contributions would cause the city to violate its waste discharge requirements, are prohibited, and no amended permit shall be issued for such contributions.

d. A schedule for complying with any industrial effluent limitations, self-monitoring requirements or other requirements deemed necessary by the city engineer to ensure compliance with city, county, State or Federal rules and regulations shall be submitted to the city for approval. The city engineer may require compliance schedule progress reports, a report on final compliance with effluent limitations and standards, and periodic reports on continued compliance.

e. At least once every two years or more often if tests indicate effluent violates the city discharge order, the city engineer shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The city engineer may require any user to develop, submit for approval and implement such a plan. Alternatively, the city manager, on recommendation of the city engineer, may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

1. Description of discharge practices, including non-routine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the city engineer of any accidental or slug discharge, and

4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

[Ord. #13-04]

a. The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require, including, but not limited to, resulting from new or updated State regulations impacting the sewer facilities owned and/or operated by the city and/or water quality.

b. The city shall allow an industrial discharger 120 days following written notice of changes to comply with any changes in the industrial wastewater permit required by the city.

[Ord. #13-04]

a. The city manager, on recommendation of the city engineer, shall issue a notice of violation to a discharger that does not comply with the requirements listed in that discharger's city discharge permit for industrial wastewater discharge. Such notice may require the payment of fines, which may include a monetary equivalent amount equal to the cost of pre-treatment improvements, flow equalization improvements, source control improvements, implementation of wastewater control programs, or any other costs that would have been required of the discharger to maintain compliance with the city permit industrial wastewater discharge permit. The fine may also include monetary amounts allowing the city to recover its costs for discovering, assessing and collecting the fine related to noncompliance with the industrial user's city permit for industrial wastewater discharge. Alternatively, in the event the costs described above are difficult to determine or estimate, fines up to $1,000 per violation per day may be assessed depending on the severity and history of the problem, effluent content and other treatment related matters. Fines imposed pursuant to this section shall be reported to the city council by the city manager. The discharger may appeal these fines to the city council pursuant to subsection 15-2.9.7.

b. Violations or fines assessed to the city from Federal, State or county entities for wastewater discharges reasonably attributed to the failure of an industrial user to comply with its city permit for industrial wastewater discharge, shall be assessed to that discharger as part of the fine for noncompliance with the requirements of that discharger's industrial wastewater discharge permit with the city.

c. Assessment of fines shall not diminish the city's rights to recover damages resulting from the industrial wastewater discharger's activities which violate permit conditions.

[Ord. #13-04]

a. On recommendation of the city engineer, the city manager may suspend a permit for industrial wastewater discharge when such suspension is necessary in order to stop a discharge which presents an actual or threatened hazard to the public health, safety or welfare, to the local environment, the city's sewerage system or the city's water system.

b. Any discharger notified of a suspension of its industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the city manager, on the recommendation of the city engineer, shall take such steps as set forth in this chapter to ensure compliance.

c. The city manager, on the recommendation of the city engineer, shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city.

[Ord. #13-04]

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

a. Failure to notify the city engineer and city manager of significant changes to the wastewater prior to the changed discharge;

b. Failure to provide prior notification to the city engineer and city manager of significant changed conditions, including, without limitation, facility expansion, significant change in procession operations, major equipment changes/modifications which may have a material impact on effluent discharge;

c. Failure to secure necessary business permits when required;

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

e. Falsifying self-monitoring reports;

f. Tampering with monitoring equipment;

g. Refusing to allow the city engineer or his designee timely access to the facility premises and records;

h. Failure to meet effluent limitations;

i. Failure to pay fines;

j. Failure to pay sewer charges;

k. Failure to meet compliance schedules;

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

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

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

o. 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; or

p. Failure to maintain appropriate land use permit (i.e., CUP, site plan review).

[Ord. #13-04]

The discharger may, within 10 business days of notice of an adverse decision under this section, appeal the decision to the city council by filing written notice of appeal with the city clerk. The council shall fix a time and place for hearing such appeal. The clerk shall give notice to the discharger for the time and place of the appeal by serving it personally by U.S. Mail to the discharger's last known address. The council's decision shall be final.

[Ord. #13-04]

a. If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict its discharge until sufficient capacity can be made available.

b. When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities.

c. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility.

[Ord. #13-04]

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters or slug discharges which cause damage to city's facilities (included but not limited to wastewater treatment plant, water system, streets), detrimental effects on treatment processes, or any other damages resulting in costs to the city shall be liable to the city for all damages occasioned thereby.

[Ord. #13-04]

a. All persons discharging industrial wastewater directly or indirectly to the city's municipal sewer system or city-owned treatment and/or disposal facilities prior to the effective date of the ordinance codified in this chapter and who have obtained a permit or approval of industrial wastewater discharge from the city are granted a temporary permit to discharge industrial wastewaters.

[Ordinance #13-04, codified herein as subsection 15-2.9 became effective September 4, 2013.]

b. This temporary permit shall expire six months after notification by the city manager that a new permit is to be obtained, or after two years from the effective date of the ordinance codified in this chapter, whichever should first occur.

c. 120 days prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a permit for industrial wastewater discharge.

[Ord. #13-04]

a. For connection of an industrial structure, works or establishment, the charge shall be determined by the city manager, and approved by the city council based on quantity in relation to single-family units, plus unusual strength and characteristics of the wastewater to be received.

b. Dischargers with unusual industrial wastewater circumstances due to wastewater characteristics or amount of wastewater flow may, at the discretion of the city council, enter into a discharger-specific agreement with the city for establishing the charges to the discharger for the treatment of its wastewater flows. The discharger-specific agreement must allow the city to recover all costs occasioned by the treatment of that discharger's industrial wastewater flows including but not limited to capital costs, legal costs, engineering costs and operational costs.