Gilroy Municipal Code Art. VII Sewage Standards and Control

(a) The city or the authority shall operate pursuant to legal authority enforceable in federal, state or local courts, which authorizes or enables the city or the authority to apply and to enforce the requirements of sections 307(b) and (c), and 402(b)(8) of the Act and any regulations implementing those sections.

(b) Any and all industrial users, and any and all industrial waste or wastewater discharges, as defined in section 19.1, shall be regulated by the authority and subject to Ordinance 93-1, entitled “The Ordinance of the South County Regional Wastewater Authority Regulating Industrial Users and Setting Uniform Requirements for Discharge into the Wastewater Collection and Treatment System,” as adopted and as it may be amended from time to time.

(c) Whenever the city or any authorized representative of the city shall have cause to conduct a routine inspection or to suspect that a nuisance or violation of this chapter exists in any house, cellar, enclosure or building, within the city limits or discharging into the sewerage system, or for the purpose of inspecting and monitoring industrial waste discharges for general compliance, the person may demand entry therein at all reasonable times, and may take independent samples and if the owners or occupant shall refuse or delay to open the same and admit a free examination or sampling, such refusal or delay shall constitute a misdemeanor.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 81-28, § 36, 9-8-1981; Ord. No. 87-1, § 1, 2-2-1987; Ord. No. 89-8, § 2, 4-3-1989; Ord. No. 91-10, § 1, 5-6-1991; Ord. No. 93-21, § II, 10-25-1993)

Editor’s note: Ord. No. 93-21, § II, adopted Oct. 25, 1993, repealed former § 19.97 in its entirety which pertained to the requirement of discharge to the public sewers and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 81-28, § 36, adopted Sept. 8, 1981.

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.98 in its entirety which pertained to the prohibition of discharge of sanitary sewage, etc. to natural outlets. Former section 19.98 derived from Ord. No. 857, § 3, 7-7-1969; Ord. No. 85-11, § 8, 7-15-1985; Ord. No. 88-3, § 1, 1-19-1988.

No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the county health officer, the atomic energy commission, the regional water quality control board, or environmental protection agency.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 85-11, § 9, 7-15-1985)

No person shall discharge or cause to be discharged any storm waters, surface waters, roof run-off or subsurface drainage to any municipal sewer.

Storm waters, surface waters, roof runoff or subsurface waters shall be discharged to such drains as are specifically designated as storm drains, or to a natural outlet approved by the director of public works. Industrial cooling, or other unpolluted process water shall be discharged to a storm drain if so required by the director of public works.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 81-28, § 37, 9-8-1981)

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.101 in its entirety which pertained to tampering with public sewers, and derived from Ord. No. 857, § 3, adopted July 7, 1969.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(a) Any gasoline, benzene, naphtha, fuel, oil or other inflammable or explosive liquid, solid or gas.

(b) Wastes having a temperature in excess of forty (40) degrees centigrade (104° F.)

(c) Any garbage that has not been properly shredded.

(d) Wastes having a monitored pH lower than 6.5 or higher than 11.0, or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the public sewer systems. Where the city administrator or authorized representative deems it advisable, it may be required that any person discharging industrial wastes install and maintain in approved manner a suitable device to continuously measure and record the pH of the wastes so discharged.

(e) Wastes containing any noxious or malodorous gas or substance which either singly or by interaction with sewage or other wastes is, in the opinion of the director likely to create a public nuisance or hazard to life or prevent entry to sewers for their maintenance and repair.

(f) Wastes containing ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, hair, lime slurry, lime residues, chemical residues or paint residues in such quantity and concentration that in the opinion of the director, such substances will cause an obstruction to the flow in the sewer or otherwise interfere with the proper operation of the public sewer systems. Attention is called to the fact that the maximum permissible concentration will vary throughout the system depending upon the size of the particular receiving sewer and the flows therein.

(g) Wastes containing insoluble, nonflocculent substances having a specific gravity in excess of 1.10.

(h) Wastes containing soluble substances in such concentrations as to cause the specific gravity of the waste to be greater than 1.1.

(i) Any waters or wastes containing biochemical oxygen demand or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(j) Wastes containing grease, oil or other substances that will solidify or will become viscous at temperatures of thirty-two (32) degrees Fahrenheit and one hundred sixty (160) degrees Fahrenheit.

(k) Wastes containing visible amounts of grease, oil or other substances in concentrations or flows sufficient to cause stoppage, pluggage, breakage, or obstruction of flow to the treatment system, or cause any other damage or increased maintenance of the collection system.

(l) Wastes containing more than ten (10) milligrams per liter of the following gases: hydrogen sulfide, sulfur dioxide, nitrous oxide or any of the halogens.

(m) Sludges resulting from the treatment of concentrated solutions that are not acceptable for discharge to the sewers.

(n) Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals.

(o) Wastes containing any toxic radioactive isotopes without a special permit, except where:

(1) Permission of Governmental Agency. The person is authorized to use radioactive materials by the Atomic Energy Commission or other governmental agency empowered to regulate the use of radioactive materials.

(2) Conformance with Atomic Energy Commission Recommendations. The waste is discharged in strict conformity with current Atomic Energy Commission recommendations for safe disposal of radioactive wastes.

(3) Assumption of Responsibility. The person discharging the radioactive wastes assumes full responsibility for any injury to personnel or damage to the sewerage system that may result from such discharge and submits evidence satisfactory to the director of public works that he has assumed this responsibility. Any person discharging a radioactive waste to the public sewer in accordance with the provisions of the preceding paragraph shall submit to the director of public works such reports as the director may deem necessary. If any radioactive material is accidentally discharged into the public sewer, the person responsible shall:

a. Immediately notify the director of public works.

b. Render such technical or other assistance to the department of public works within his power to prevent the sewerage system from becoming contaminated with radioactivity.

(4) Permit. The person has secured a permit from the director of public works to discharge radioactive materials into the public sewers.

(p) By an industrial user, as defined in Section 19.1 herein and regulated pursuant to SCRWA Ordinance 93-l known as “The Pretreatment and Sewer Use Ordinance,” wastewater containing in excess of:

All concentrations for metallic substances are for “total” metals unless indicated otherwise.

(1) Federal and State Requirements. Any applicable federal or state limitations on discharges shall apply in any case in which the federal or state requirements or limits are more stringent than the requirements or limitations in this article.

(2) City’s Right of Revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this article.

(3) Dilution Prohibited as Substitute for Treatment. 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 the limitations contained in the Federal National Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state.

(4) Accidental Discharges. Each user shall provide protection from accidental discharges of prohibited materials or other substance regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by January 1, 1983. No user who commences contribution to the wastewater treatment plant after the effective date of the ordinance from which this subsection derived [Ord. No. 81-28, effective 30 days from and after September 8, 1981] shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the wastewater treatment plant of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

a. Written Notice. Within five (5) days following an accidental discharge; the user shall submit to the director a detailed written report, describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the wastewater treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

b. Notice to Employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employees shall insure that all employees who may cause or suffer such dangerous discharge to occur are advised of the emergency notification procedure.

All of the preceding standards shall apply at the point where the wastes are discharged into the sanitary sewer system, or the storm drain system, and any chemical or mechanical corrective treatment required must be accomplished to practical completion before the wastes reach that point.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 79-4, § 2, 2-5-1979; Ord. No. 81-28, § 38, 9-8-1981; Ord. No. 85-11, § 10, 7-15-1985; Ord. No. 87-1, § 2, 2-2-1987; Ord. No. 89-8, § 3, 4-3-1989; Ord. No. 91-10, § 2, 5-6-1991; Ord. No. 91-20, §§ 2—4, 9-16-1991; Ord. No. 2000-14, § I, 11-6-2000)

Interceptors shall be provided when, in the opinion of the director of public works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director of public works, and shall be located as to be readily and easily accessible for cleaning and inspection. Screen type interceptors, in addition to other required interceptors, may be required for handling industrial waste.

Where installed, all interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

(Ord. No. 857, § 3, 7-7-1969)

(a) The admission into the public sewers of any wastewaters having any of the following, shall be subject to the review and approval of the director of public works:

(1) A biochemical oxygen demand greater than three hundred (300) milligrams per liter.

(2) More than three hundred (300) milligrams per liter of suspended solids.

(3) Any quantity of substances having the characteristics described in section 19.102.

(4) An average daily flow for any calendar month greater than two (2) per cent of the average daily sewage flow of the city based on dry weather conditions.

(5) An instantaneous or peak rate of flow, as measured at the connection with the public sewer, which is greater than five (5) times the daily average for the maximum calendar month.

(b) Where required by the director of public works, the owner shall provide, operate and maintain at his expense, such pretreatment facilities as may be necessary to:

(1) Reduce the B.O.D. to three hundred (300) milligrams per liter and the suspended solids to three hundred (300) milligrams per liter by weight; or

(2) Reduce objectionable characteristics or constituents to within the maximum limits provided for in section 19.102; or

(3) Control the quantities and rates of discharge of such sewage wastes.

(c) Plans, specifications and any other pertinent information relating to proposed pretreatment facilities shall be submitted to the director of public works for his approval, and no construction of such facilities shall be commenced until such approval is obtained in writing. No connection to the public sewer shall be made until the construction is complete and is acceptable to the director of public works. The owner shall furnish the city with results of such laboratory control tests and operating data as may be called for in the permit to enable the city to determine compliance with the provisions of this article.

(1) Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article, for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(2) Modification of Federal Categorical Pretreatment Standards. Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in federal pretreatment standards. “Consistent removal” shall mean reduction in the amount of pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system ninety-five (95) per cent of the samples taken when measured according to the procedures set forth in Section 403.7 (c) (2) of Title 40 of the Code of Federal Regulations, Part 403, General Pretreatment Regulations for Existing and New Source of Pollution, promulgated pursuant to the Act. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the approval authority is contained.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 81-28, § 39, 9-8-1981; Ord. No. 85-11, § 11, 7-15-1985)

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.105 in its entirety which pertained to the use of garbage grinders in individual dwelling units and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 81-28, § 41, adopted Sept. 8, 1981.

(a) General Permits. All industrial users proposing to connect to or to contribute to the municipal sewer system shall obtain an industrial waste discharge permit before connecting to or contributing to the municipal sewer system. All existing industrial users connected to or contributing to the municipal sewer system shall obtain an industrial waste discharge permit within one hundred eighty (180) days after the effective date of this section on August 14, 1985.

(b) Permit Application. Users required to obtain an industrial waste discharge permit shall complete and file with the city an application, in the form prescribed by the city, and accompanied by a fee to be set from time to time by council resolution. Existing users shall apply for a wastewater discharge permit within thirty (30) days after the effective date of this section on August 14, 1985, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the municipal sewer system. In support of the application, the user shall submit in units and terms appropriate for evaluation, the following information:

(1) Name, address, and location, (if different from the address);

(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(3) Wastewater constituents and characteristics including but not limited to those mentioned in section 19.102 and 19.104 of this article as determined by a state licensed analytical laboratory; all analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with techniques approved by the administrator.

(4) Time and duration of contribution;

(5) Average daily and three-minute peak wastewater flow rates, including daily, monthly and season variations if any;

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

(7) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The complete date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.)

(ii) No increment referred to in paragraph (i) shall exceed nine (9) months.

(iii) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress report to the director.

(10) Each product produced by type, amount, process or processes and rate of production;

(11) Type and amount of raw materials processed (average and maximum per day);

(12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(13) Any other information as may be deemed by the city to be necessary to evaluate the permit application.

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein.

(c) Permit Modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a waste discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the director within one hundred eighty (180) days after promulgation of an applicable federal categorical pretreatment standard the information required.

(d) Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a public sewer;

(2) Limits on the average and maximum wastewater constituents and characteristics;

(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

(4) Requirements for installation and maintenance of inspection and sampling facilities;

(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(6) Compliance schedules;

(7) Requirements for submission of technical reports or discharge reports;

(8) All industrial users shall retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by the city) and shall make such records available for inspection and copying by the city. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the city.

(9) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced in the wastewater treatment system.

(10) Requirements for notification of slug discharges;

(11) Other conditions as deemed appropriate by the city to ensure compliance with this article.

(e) Permits Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in Section 2 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(f) Permit Transfer. 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, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(g) Reporting Requirements for Permittee.

(1) Compliance Date Report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the municipal sewage system any user subject to pretreatment standards and requirements shall submit to the director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional. This statement and all other reports to be submitted under 40 CFR 403.12 shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

(2) Periodic Compliance Reports.

(i) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the municipal sewage system, shall submit to the director during the months of June and December, unless required more frequently in the pretreatment standard or by the director, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in paragraph (b) (4) of this section. At the discretion of the director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months during which the above reports are to be submitted.

(ii) The director may impose mass limitations on users which are using dilution to meet application pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (1) of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the director of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. (Comment: Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,” April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the administrator.)

(h) Pretreatment.

(1) Users shall provide necessary wastewater treatment as required to comply with this article and achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.

(2) The city shall annually publish in a qualified local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the users during the same twelve (12) months.

(3) Representatives for the State of California and federal regulatory agencies shall be provided unrestricted access to pretreatment records.

(i) Confidential Information. 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 or other governmental agency 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 of the user.

When requested by the person furnishing a report, the portions of a 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 article, the National Pollutant Discharge Elimination System (NPDES) Permit, state disposal system permit and/or the pretreatment program; 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. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten (10) day notification is given to the user.

(Ord. No. 81-28, § 42, 9-8-1981; Ord. No. 85-11, § 12, 7-15-1985; Ord. No. 87-1, § 3, 2-2-1987; Ord. No. 89-8, §§ 4, 5, 4-3-1989; Ord. No. 91-10, §§ 3, 4, 5-6-1991)

When required by the director of public works, 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 wastes. Such manholes, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director of public works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(Ord. No. 857, § 3, 7-7-1969)

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in sections 19.102 and 19.104 shall be determined in accordance with the publication “Standard Methods for the Examination of Water, Sewage and Industrial Wastes,” as published by the American Water Works Association, and the American Public Health Association and the Federation of Sewage and Industrial Wastes Association, and shall be determined at the control manhole provided for in section 19.107, or upon suitable samples taken at such 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 sewer to the point at which the building sewer is connected.

Samples for analysis shall be representative of the total waste volume and composite samples shall be collected in proportion to the rate of flow at the time of sampling.

Quantitative flow measurements shall be made using primary metering elements and recording devices which have been previously approved by the director of public works.

(Ord. No. 857, § 3, 7-7-1969)

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.109 in its entirety. Former section 19.109 pertained to special agreements with other public jurisdictions for discharge of industrial wastes and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 89-8, § 6, adopted April 3, 1989.

The city sewer plant will be made available to all licensed septic tank pumpers. However, wastes collected outside the city sewer plant jurisdiction shall not be accepted. All septic tank pumpers dumping at the city sewer plant shall be subject to city regulations and a city business license. Fees for dumping wastes and city sewer plant jurisdiction shall be set by resolution. Any septic tank pumper discharging into the city sewer system at any point other than the city sewer plant shall be in violation of this article and any such violation shall constitute a misdemeanor.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 87-7, § 1, 4-20-1987)

Any user who is found to have violated an order of the city council or who failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder, shall be fined no less than one thousand dollars ($1,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The city may also discontinue all services for water and sewer until the violations are corrected. In addition to the penalties provided herein, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued herein.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 83-2, § 1, 2-22-1983; Ord. No. 85-11, § 13, 7-15-1985; Ord. No. 89-8, § 7, 4-3-1989; Ord. No. 91-10, § 5, 5-6-1991)

Whenever the director of public works, or any duly authorized representative of the city, finds that a nuisance exists which is an actual menace to public health and safety, he may abate the same forthwith, or he may immediately discontinue all services for water, sewer and garbage until the nuisance is abated.

(Ord. No. 857, § 3, 7-7-1969; Ord. No. 83-2, § 1, 2-22-1983)

Editor’s note: Ord. No. 93-21, § III, adopted Oct. 25, 1993, repealed former § 19.113 in its entirety. Former section 19.113 pertained to damage to the sewerage works and derived from Ord. No. 857, § 3, adopted July 7, 1969; Ord. No. 81-28, § 43, adopted Sept. 8, 1981.