Article I — IN GENERAL

Editor's note— Ord. No. 1984, § 2(Exh. A), adopted March 10, 2026, amended Art. I in its entirety, in effect repealing and reenacting said Art. I to read as set out herein. The former Art. I, §§ 23-1—23-15, pertained to similar subject matter and derived from Code 1968, §§ 26-1—26-15; and Ord. No. 1060, § 8, adopted Sept. 15, 1992.

(a)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act or Clean Water Act means the Federal Water Pollution Control Act of 1972, as amended, 33 USC 1251 et seq.

Analytical methods means the sampling referred to in 40 CFR 403.7(b)(2)(i—iv), and analysis of these samples shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties, approved by the EPA.

Applicant means the person making application for a permit issued under this chapter. In the case of a sewer connection permit, the applicant shall be the owner of premises to be served by the sewer for which a permit is requested, or his authorized agent.

At-grade system means an OWTS dispersal system with a discharge point located at the preconstruction grade (ground surface elevation). The discharge from an at-grade system is always subsurface.

Authorized representative means:

(1)

If the industrial user is a corporation:

a.

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b.

The manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including the explicit or implicit duty to make major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to father complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been delegated to the manager in accordance with corporate procedures.

(2)

If the industrial user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3)

If the industrial user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.

(4)

The individuals described in subsections (1) through (3) may designate a duty authorized representative if the authorization is in writing; the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates.

If authorization under subsection (4) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (4) of this definition must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

Average daily flow means the number of gallons of wastewater discharged into the sewer system during a 24-hour period.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Biochemical oxygen demand or BOD is the measurement of the dissolved oxygen used by microorganisms in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (e.g. mg/L).

Building means any structure used for human habitation or a place for business, industry, recreation or any other purpose containing sanitary plumbing facilities.

Building official means the building official for the City of Fontana or their designee.

Building sewer means that portion of any sewer beginning at the plumbing or drainage outlet of any building and running to the property line or to an OWTS.

Bypass means intentional diversion of waste streams from any portion of a user's treatment facility.

Categorical standards means the federal categorical pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by existing or new industrial users in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR chapter 1, subchapter N, Parts 405-471 as it exists and as it may be amended.

Cesspool means an excavation in the ground receiving domestic wastewater, designed to retain the organic matter and solids, while allowing the liquids to seep into the soil. Cesspools differ from seepage pits because cesspool systems do not have septic tanks. The term cesspool does not include pit-privies and out-houses.

Chemical oxygen demand or COD means the quantity of oxygen required to chemically oxidize material in a waste sample, expressed in milligrams per liter, under specific conditions of oxidizing agent, temperature and time.

Chief financial officer means the chief financial officer for the City of Fontana or their designee.

City means the City of Fontana or the city council of the City of Fontana.

City manager means the city manager for the City of Fontana or their designee.

Commercial users include all retail stores, restaurants, office buildings, laundries and other private business and service establishments, schools, churches and all public and private institutions.

Compliance time schedule means a formal timetable for achieving compliance required of industrial users in violation of the provisions of this chapter. Each compliance time schedule shall contain milestone dates as well as a final compliance date and shall be approved by the public works director.

Control authority means owner and operator of the wastewater treatment plant that treats wastewater generated within the city's boundaries, i.e., IEUA or the City of Rialto, as applicable.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where the daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Discharger means any person who causes or contributes a discharge into the sewer or storm drain system.

Dispersal system means a leachfield, seepage pit, mound system, at-grade, subsurface drip field, evapotranspiration and infiltration bed, or other type of system for final wastewater treatment and subsurface discharge.

Domestic wastewater or domestic sewage means water bearing wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal in the POTW.

Effluent means treated wastewater flowing from an industrial user or wastewater treatment facilities. Electrical conductivity or EC means the ability of a solution to carry an electrical current, expressed in terms of micromhos per centimeter at 25 degrees Celsius, and analyzed in accordance with the most recent publication of standard methods.

Environmental Protection Agency or EPA means the federal Environmental Protection Agency, its administrator or its duly authorized representative.

Equivalent dwelling unit (EDU) means a measure of sewage flow equivalent in quantity and strength to the daily flow of an average single-family household.

Food processing facility means wholesale or retail facilities, including restaurants, which handle, process or prepare food intended for human and/or animal consumption.

General and departmental overhead means:

(1)

Maintenance and operating fund. Rental costs attributable to building occupancy shall be allocated based on the pro rata share of floor space used.

(2)

Sewer capital fund. Costs attributable to the expenditure of such funds not directly chargeable to a construction project. Such costs are to be limited to a fixed percentage of the construction cost of a construction project not to exceed ten percent. Such percentage is to be deemed for the purpose of paying for the project's general and departmental administrative costs of the city.

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 15 minutes.

Gravity separation interceptor means an approved detention chamber designed to remove grease, oil, and solids from wastewater before discharge to the sewer system.

Hazardous substance means any substance capable of creating imminent endangerment to health or the environment, including, but not limited to any substance designated under the Clean Water Act, 40 CFR 307 and 311; or any imminently hazardous chemical substance subject to regulation under the Toxic Mixtures or Substances Control Act, 15 USC 2601 et seq. In general, hazardous substance means substances which are toxic, explosive, corrosive, flammable, or irritants, or which generate pressure through heat or decomposition.

Hazardous waste means any hazardous substance which is either the resultant or intermediate or final byproduct of any process.

Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

House connection sewer means the portion of a sewer lying within a public street connecting a building sewer to the main sewer.

Indirect discharge means the discharge or the introduction of pollutants from any nondomestic source regulated under Section 307(b) or (c) of the Act (33 USC 1317), into the sewer system and POTW, including holding tank waste discharged into the system.

Industrial users means all users classified as industrial under the Clean Water Act and the General Pretreatment Regulations (40 CFR Part 403) and shall include all dairies.

Inland Empire Utilities Agency or IEUA means the owner and operator of regional wastewater treatment facilities. A portion of the wastewater generated within the city's boundaries is transported to IEUA's facilities for treatment.

Interference means a discharge, that alone or in conjunction with other discharges, both:

(1)

Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and

(2)

Causes a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with 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 (SWDA), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

Local limit means specific discharge limits developed and enforced by the IEUA or the City of Rialto upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

Local system means a sewer system consisting of but not limited to sewer lines, manholes, stub-outs, and/or house connection sewer laterals designed and intended to serve a particular tract or group of dwellings.

Lower explosive limit or LEL means the minimum concentration of a combustible gas or vapor in the air which will ignite if an ignition source is present.

Mound system means an aboveground dispersal system (covered sand bed with effluent leachfield elevated above original ground surface inside) used to enhance soil treatment, dispersal, and absorption of effluent discharged from an OWTS treatment unit such as a septic tank. Mound systems have a subsurface discharge.

Multi-family dwelling means a structure or group of structures, separate or connected, on one parcel of land, occupied or intended for occupancy by more than one family or living group.

New source means:

(1)

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 Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:

a.

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

b.

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

c.

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.

(2)

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 (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

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

a.

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

Any placement, assembly, or installation of facilities or equipment; or (ii) 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

Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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.

Noncontact cooling water means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Nondomestic wastewater means wastewater arising from or associated with a nondomestic operation. Such operation shall be understood to include the following: production or refining of petroleum; production, processing, packing or canning of fruits, vegetables, meat or beverages; laundering of clothes in public laundries; public self-service laundries; hospitals; restaurants; vehicle service facilities, wash racks and garages; production of fertilizer; keeping of livestock or poultry and operation of dairies; production or dyeing of textiles; production of soap and other detergents or chemicals; production and processing of plastic; cleaning of tanks, tank cars or barrels; plating or processing of metals; processing or reclamation of refuse; the washing of equipment or spaces used in nondomestic operations; and any other similar manufacturing, processing and servicing operations. Nondomestic wastewater does not include the following: wastewaters from the operation of hotels, schools, single- or multi-family dwellings and places engaged exclusively in retail business.

Oil and grease means any of the following in part or in combination:

(1)

Petroleum derived products, e.g., oils, fuels, lubricants and solvents.

(2)

Vegetable derived products, e.g., oils, shortenings and soluble cutting oils.

(3)

Animal derived products, e.g., fats, greases, oils and lard.

On-site waste treatment system (or OWTS) means any individual disposal systems, community collection and disposal systems, and alternative collection and disposal systems that use subsurface disposal. The short form of the term may be singular or plural. OWTS includes any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the subsurface disposal of sewage. OWTS do not include "graywater" systems pursuant to Health and Safety Code § 17922.12.

Owner means the person having legal title to a property or the person having an interest in a property through a contract of sale, long-term lease or similar agreement.

OWTS policy means the Water Quality Control Policy for Siting, Design, Operation, and Maintenance of On-site Wastewater Treatment Systems, dated June 19, 2012, adopted by the state water resources control board on June 19, 2012, in Resolution No. 2012-0032, approved by the office of administrative law on November 13, 2012, with an effective date of May 13, 2013, and any amendments thereto.

Pass-through means any discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges, cause a violation of the POTW's national pollutant discharge elimination system permit, including an increase in the magnitude or duration of a violation.

Permit means any written authorization required pursuant to this chapter or any other regulation of the city for the installation or use of any part of the sewer system.

Person means an 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.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, expressed in gram equivalents per liter of solution.

Planning department means the planning department for the City of Fontana or their designee.

Pollutant means any agent that may cause, contribute to or increase the degradation of the water quality of the waters of the United States including, but not limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes or other means, except as prohibited by 40 CFR 403.6(d).

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

Pretreatment wastes means all wastes, liquid or solid, removed from nondomestic wastewater by physical, chemical or biological means.

Private sewage disposal facility means an independent sewage disposal system not connected to the sewer system and which accommodates one or more structures, buildings or industries.

Property means a parcel of land together with any buildings or appurtenances.

Public sewer means a sewer lying within a street and which is controlled by or under the jurisdiction of the city.

Publicly owned treatment works or POTW means treatment works (as defined 33 USC 1292) owned and operated by IEAU, the city, or the City of Rialto. This definition includes any devices or systems used in the storage, treatment, recycling and reclamation of sewage. It also includes sewers, pipes, lift stations and other conveyances which convey wastewater to wastewater treatment facilities.

Public works director means that person designated as the director of the City of Fontana Public Works Department or their designee.

Regional sewer service agreement means either (1) the agreement entitled "Regional Sewage Service Contract," dated November 1, 2023, as it exists and may be amended from time to time, entered into by and between the city, IEUA, and other contracting agencies, which governs the discharge of sewage from the city's sewer system into IEUA's sewerage system, or (2) the agreement entitled "Extra Territorial Sewer Service Agreement," dated July 16, 1991, as it exists and may be amended from time to time, entered into by and between the city and the City of Rialto, which governs the discharge of sewage from the city's sewer system into the City of Rialto's sewerage system.

Replacement OWTS means an OWTS that has its treatment capacity expanded, or its dispersal system replaced or added onto, after the effective date of this policy.

Residential users means any single-family dwelling, multi-family dwelling or mobile home park for the purpose of sewer use charge determination.

Restaurant means any retail establishment selling prepared foods and drinks for consumption on the premises, which shall include but not be limited to restaurants, lunch counters, drinking places and refreshment stands selling prepared foods and drinks for immediate consumption. Restaurants, lunch counters, drinking places and refreshment stands operated as subordinate service facilities by other establishments shall also be included.

Service unit (SU) means the unit derived from a mathematical formula in which daily flow, biochemical oxygen demand and suspended solids are converted to a numerical value in proportion to residential levels for the same three variables.

Service unit rate is the monthly charge per service unit.

Sewage means wastewater.

Sewage factor (SF) is a calculated or assigned percentage used to determine the EDU for commercial and industrial structures.

Sewer connection permit means a permit used for the connection of a property to the sewer system.

Sewer deposits means funds provided by property owners pursuant to section 23-312 for guarantee of payment of sewer service charges. These funds are recorded and accounted for in the maintenance and operating fund, and only the interest earnings may be used for maintenance and operating expenses.

Sewer service charge is the product of service units and the service unit rate.

Sewer system means all facilities owned and operated by the city or owned or operated by others for the benefit of the city for collecting, pumping, treating and disposing of sewage. At times, this chapter may refer to the sewer system as the city's sewer system.

Significant industrial user means any industrial user of the POTW who:

(1)

Is subject to categorical standard(s);

(2)

Has an average daily flow of 25,000 gallons or more of process wastewater, excluding sanitary, noncontact cooling and boiler blowdown wastewater; or

(3)

Has a discharge which makes up five percent or more of the average dry-weather hydraulic or organic capacity of the wastewater treatment facilities receiving the wastewater; or

(4)

Has in its wastes toxic pollutants; or

(5)

Is designated by the public works director to have a reasonable potential, either singly or in combination with other contributing industries, for adversely affecting the POTW's operation or violating any pretreatment standard or requirement.

Single-family dwelling means a single structure together with any garage, guestroom, servant's quarters or similar appurtenant structure on a parcel of land designed for use by one family or living group.

Single pass cooling water noncontacting cooling water which is used only once and then discarded.

Single pass heating water means water used solely for the purpose of heating, which has no direct contact with any raw material, intermediate or final product, and is used only once and then discarded.

Slug discharge means any discharge of a nonroutine, episodic nature, including, but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 23-117.

Source means a point of discharge to the sewer system.

Solvent management plan or toxic organic management plan means a plan submitted to the city by an industrial user which specifies to the public works director's satisfaction the solvents and other toxic organic compounds used, the methods of disposal used, and procedures for ensuring that solvents and other toxic organics do not routinely spill or leak into the wastewater.

Special sewer permit means a permit issued for a special use of the sewer system.

Standard industrial classification or SIC means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

Standard methods means "Standard Methods for the Examination of Water and Wastewater," prepared and published by the American Public Health Association, American Water Works Association and Water Pollution Control Federation.

Storm drain system means all stormwater conveyance and treatment facilities located in the city, including, but not limited to, conduits, natural or artificial storm drains, catch basins, storm drain manholes, stormwater pumping facilities, pumping stations and equipment. This definition of storm drain system shall not be construed as affecting in any way the city's ownership, use or control of property for municipal liability purposes.

Stormwater means urban runoff and snowmelt runoff consisting only of those discharges which originate from precipitation events. Stormwater is that portion of precipitation that flows across a surface to the storm drain system or receiving waters.

Street means any public highway, road, street, avenue, alley, way, public place, public easement or right-of-way.

Structure means building.

Stub-out means a partial house connection sewer extending laterally from the sewer main to a point just beyond the edge of the pavement or curbing which is within the right-of-way adjoining the properties which will be served by the sewer main.

Suspended solids or SS means that fraction of the total solids with particle size greater than one micron as determined by passing a known volume of liquid through a filter.

Temporary user means any user who is granted temporary permission by the public works director to discharge unpolluted water or wastewater to the sewer system and controlled by a wastewater discharge permit.

Total dissolved solids or TDS means the quantity of nonvolatile substances remaining after filtration through a standard glass fiber filter and drying to constant weight at 180 degrees Celsius, expressed in terms of milligrams per liter and analyzed in accordance with the most recent publication of standard methods. TDS shall be synonymous with total filterable residue (TFR).

Total suspended solids or TSS means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by Environmental Protection Agency under Section 307(a) Clean Water Act 307(a) or federal laws.

Trailer space means an area within a trailer court designated for use by a trailer, whether the space is occupied or not, provided the space is served by plumbing connected to the sewer system.

Unpolluted water means single pass cooling water, single pass heating water, air conditioning condensate, ice melt, condensate and rainwater.

User means any person who contributes, causes or permits the contribution of wastewater into the city's sewer system; or recipient of wastewater collection and treatment services.

Utility means an enterprise operated for the benefit of the citizens of the city.

Wastewater means the liquid and water-carried industrial or domestic wastes and sewage from residential, dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

Wastewater discharge permit means the regulatory procedure established and enforced by the public works director to control the flow of wastes into the POTW. Wastewater discharge permit shall also mean a permit issued by the city as provided in and subject to provisions of division 7 of article II and payment of fee requirements of section 23-50.

Wastewater treatment facilities means the structures, equipment and processes owned and operated by the city, the City of Rialto, or IEUA which are required to transport, treat and dispose of domestic and nondomestic wastewater.

Wastewater treatment plant means the portion of the POTW designed to provide wastewater treatment.

Water conditioning device means any device used to soften or otherwise condition water, including zeolite or resinous anion or cation exchange softeners, demineralizers and any other like devices.

Water supply means the water supply serving the area tributary to the sewer system. Water supply to an individual establishment shall be interpreted as meaning specifically a composite analysis over a 12-month period of samples of the water served to an establishment or location as determined by testing and compositing samples and analyses approved by the public works director.

Waters of the United States means those waters that are more particularly described in 40 CFR 120.2.

(b)

Abbreviations. For purposes of this chapter, the following abbreviations shall have the meanings designated in this subsection:

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Cross reference— Definitions and rules of construction generally, § 1-2.

This chapter is intended to provide rules and regulations for construction and use of building sewers, local sewers, the city's sewer system and storm drain system.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a)

All work with respect to sewer construction and disposal of sewage and drainage of buildings and connection to the city's sewer system shall be done in conformity with this chapter and not otherwise.

(b)

No person shall connect to, construct, install, provide, maintain or use any means of sewage disposal from any building in the city other by connection to a public sewer, or inhabit or produce any sewage in any building not connected to a public sewer, except in the manner provided in this chapter.

(c)

No person shall conduct, make, permit, authorize or otherwise cause or allow any discharge into the sewer system or storm drain system except in conformity with and in a manner allowed by this chapter.

(d)

No person shall take, perform, permit, authorize, or otherwise cause or allow any action that would cause the city to violate any federal, state, or local law, permit, or regional sewerage agreement.

(e)

Every person who owns an OWTS must comply with the responsibilities and duties for OWTS owners set forth in the OWTS policy.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a)

The city manager shall appoint a public works director, which office shall be under the terms and subject to the provisions of chapter 20. The salary of the public works director is to be fixed by the city council from time to time by resolution.

(b)

The public works director shall have power and it shall be his duty to enforce all rules and regulations concerning the sewer system and storm drain system, to supervise the maintenance and operation of the system and to make necessary repairs thereto.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a)

The owner of any premises with structure in or from which sewage is generated must connect the structure directly with the sewer system in accordance with article III, unless exempted under the provisions thereof.

(b)

Except as provided in article III, it shall be unlawful to construct or maintain an OWTS.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

It shall be unlawful for any person to place, deposit or permit to be deposited upon public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage or other objectionable waste unless otherwise authorized by the city.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Cross reference— Solid waste, ch. 24.

It shall be unlawful to discharge into any stream or watercourse any sewage, wastes or other pollution, except where suitable treatment has been provided in accordance with the provisions of this chapter. The city's authorization to discharge into any stream or watercourse does not relieve any person of the obligation to comply with applicable state or federal laws.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

No building shall become occupied until the owner of the premises has complied with this chapter and any rules and regulations of the city.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Unless otherwise specified herein, all fees, charges, rates, deposits, surcharges, fines, and penalties under this chapter shall be established, and may be updated, by resolution of the city. Additional provisions related to fees and charges are contained within articles II, V, and VII.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Continued habitation of any building or continued operation of any building in violation of the provisions of this chapter or any other ordinance, rule or regulation of the city is hereby declared to be a public nuisance. Pursuant to chapter 18 of this Code, the city may commence an action or actions for the abatement thereof, in the manner provided by law, including those established in chapter 18 of this Code.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

As an alternative method of enforcing the provisions of this chapter or any other ordinance, rule or regulation of the city pertaining to the sewer system, the public works director shall have the power to disconnect the user from the sewer system. Upon disconnection, the public works director shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection in accordance with section 23-356. Any part of the deposit remaining after payment of all costs of disconnection and reconnection shall be refunded.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

During the period of disconnection as provided for in section 23-12, habitation of the subject property shall constitute a public nuisance, whereupon the city shall cause proceedings to be brought for the abatement. In such event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney's fee and cost of such proceedings.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

The city and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any applicant under a sewer connection permit. The applicant shall be answerable for and shall save the city and its officers, agents and employees harmless from any liability imposed by law upon the city or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending such action or in seeking to enforce this provision. The applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Any person violating any of the provisions of this chapter and other ordinances, rules or regulations of the city pertaining to the sewer system shall become liable to the city for any expense, loss or damage sustained by the city by reason of such violation.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a)

Notice of correction (NOC). Whenever the public works director finds that any person threatens to violate or has already violated any provision contained in this chapter, except articles II and IX, the city may serve upon such person a written notice of correction stating the nature of the violation and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected and the penalties for noncompliance. Nothing in this section shall limit the authority of the public works director to take any action, including emergency actions or any other enforcement action.

(b)

Notice of violation (NOV).

(1)

When the public works director finds that any person has failed to comply with a notice of correction or has violated or continues to violate any provision contained in this chapter, except articles II and IX, the city may serve upon such person a written notice of violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the person to submit to the public works director, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. The time period

for submittal shall not exceed more than 30 days. Nothing in this section shall limit the authority of the public works director to take any action, including emergency actions or any other enforcement action.

(2)

Every day during which a violation of this chapter, except articles II and IX, continues to exist shall constitute a separate offense.

(3)

Pursuant to Government Code §§ 53069.4 and 36900(b), the following violation assessments will apply to the issuance of a notice of violation by the public works director:

a.

A first notice of violation may be issued for a first violation of this chapter, except articles II and IX, and may be punishable by a fine of $100.00.

b.

A second notice of violation shall be issued for a second violation of this chapter, except articles II and IX, within one year and shall be punishable by a fine of $200.00.

c.

A third notice of violation shall be issued for a third violation of this chapter, except articles II and IX, within one year and shall be punishable by a fine. Each additional violation of this chapter, except articles II and IX, within one year shall also be punishable by a fine of up to $500.00.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

In addition to any other remedies provided by this Code or available to the city under applicable law, the city, through its city attorney, may enforce violations of this chapter by filing a complaint in superior court seeking any applicable civil remedies, including, without limitation, declaratory or injunctive relief.

In any such action commenced by the city attorney, the city shall be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees and expert expenses.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a person in violation of this chapter. The city may institute further legal action to collect such penalties in the event that a person fails or refuses to pay said penalty within 30 days from the date that it has been assessed.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Any violation of this chapter is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions for the abatement thereof, in the manner provided by law, including those established in chapter 18 of this Code.

The cost of such abatement shall be borne by the owner of the property where the public nuisance occurs. The costs thereof may become a lien upon and against the property, if the costs are not paid and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner, the property may be sold in satisfaction thereof in a like manner provided by law.

Notwithstanding anything in this chapter to the contrary, the city may take all action necessary to inspect, investigate, assess, remedy or otherwise abate any discharge of wastewater on or into any public property.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Any person violating any of the provisions of chapter shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $1,000.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and shall be punished accordingly.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a)

Any person who violates any provision of this chapter, or any permit or order issued hereunder, or any person subject to an order, waiver, permit condition, permit modification, disapproval of a permit application, or any other decision made by the public works director under this chapter, may request—or the public works director may order—an administrative hearing. An administrative hearing officer not directly involved in the enforcement of this chapter shall preside over the hearing, at which each party shall have the right to present evidence.

(1)

The person requesting an administrative hearing may request a stay of the challenged decision or action during the pendency of the administrative hearing. The public works director may grant such a request upon a finding that a stay does not threaten public health or safety, including damage to the sewer or stormwater systems.

(2)

Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during pendency of the administrative hearing, unless the public works director or administrative hearing officer determines that such a stay would threaten public health or safety.

(b)

The city shall serve written notice on the person subject to the hearing. The notice shall specify the time and place of the hearing, the challenged action or violation, and the proposed enforcement action, if any. For administrative hearings regarding proposed enforcement actions under this chapter, the notice shall direct the person subject to the enforcement action to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days and no more than 60 days before the hearing. Service may be made on any agent or officer of the person.

(c)

Such a hearing shall not be a bar to, or a prerequisite for, taking any other authorized action against the person.

(d)

Administrative hearing decisions issued pursuant to this chapter may be appealed to the city manager. The city manager may amend, modify, confirm, or reject any such decision, provided that the purpose and intent of this chapter are not violated. The city manager's determination shall constitute the final administrative decision of the city.

(1)

The person requesting an appeal may request a stay of the administrative hearing decision during the pendency of the appeal. The city manager may grant such a request if the city manager finds that granting the stay does not threaten public health or safety, including potential damage to the sewer or stormwater systems.

(2)

Notwithstanding subsection (1), the imposition of fines or penalties shall be automatically stayed during the appeal period, unless the public works director, administrative hearing officer, or city manager determines that such a stay would threaten public health or safety.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Unless otherwise specifically provided, all notices required under this chapter shall be given in writing and served by messenger or by first class, certified or registered mail. Notice shall be deemed received as follows, depending upon the method of transmittal:

(1)

By messenger, as of the date delivered; or

(2)

By United States mail, first class, certified or registered, as of 72 hours after deposit in the United States mail, or

(3)

By electronic mail (e-mail), as of the date delivered.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Secs. 23-23—23-40. - Reserved.