Hanford Municipal Code Ch. 13.08 Sewer Service System

Note: Prior history: Ords. 08-11, 05-12, 01-13, 00-05, 99-02, 98-02, and 96-18 and prior code §§ 6-4.01—6-4.08, 6-4.10, 6-4.11, 6-4.13—6-4.22.

This chapter establishes procedures and requirements for the use of the city's wastewater collection (sanitary sewer), treatment and disposal facilities. These requirements are necessary to protect the health and safety of the citizens of the service area and to assure compliance with applicable portions of the Federal Water Pollution Control Act (Clean Water Act), as may be amended; Code of Federal Regulations (CFR), as may be amended; the provisions of the Clean Water Grant regulations, as may be amended; and the discharge requirements as set by the Regional Water Quality Control Board, Central Valley Region, as may be amended. This chapter regulates the use and construction of the wastewater collection system, the quality and quantity of the wastewater discharged to the system, and the issuance of permits prior to connections to the system and reserves to the city control over additions and expansions to the system. This chapter shall apply to all users of the publicly owned treatment works. This chapter authorizes the issuance of general and individual industrial wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; and requires user reporting. This chapter also establishes procedures for the equitable distribution of the costs of operating and maintaining the wastewater collection, treatment, and disposal system, including the capital outlay, debt service costs, capital improvements and the replacement of equipment.

(Ord. 12-02, 2012)

Except as otherwise provided herein, the director of public works shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director of public works may be delegated by the director to a duly authorized city employee.

(Ord. 12-02, 2012)

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as defined in the American Society of Civil Engineers' "Manual of Engineering Practice" No. 37 and the current edition of the book "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. The meaning of additional terms used in this chapter shall be as follows:

"Act" or "the Act"

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

"Applicant"

means any person or group of persons who applies for the use of the city's wastewater collection, treatment and disposal system.

"Authorized" or "duly authorized representative of the user"

means:

If the 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 having the explicit or implicit duty of making 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 gather complete and accurate information for general or individual wastewater permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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

If the 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 government facility, or their designee.

The individuals described in paragraphs (1)(a) and (b) of this definition may designate a duly 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 or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

"BOD"

means a five-day biochemical oxygen demand at 20 degrees centigrade expressed in milligrams per liter, determined according to the current edition of Standard Methods.

"Best management practices" or "BMPs"

means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.08.050 and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"Categorical pretreatment standard" or "categorical standard"

means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.

"Chlorine demand"

means the difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a 30 minute period as determined by the procedures given in Standard Methods.

"City"

means the city of Hanford and its designated representatives.

"City council" or "council"

means the city council of the city of Hanford.

"City manager"

means the city manager of the city of Hanford, or the manager's representative.

"COD" or "chemical oxygen demand"

means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in Standard Methods.

"Commercial garbage grinder"

means a mechanical unit for pulverizing large quantities of waste by a commercial user.

"Connection"

means the physical attachment of a building premises fixture, plumbing system, trap or any other facility discharging wastewater to a city sewer.

"Customer"

means any person connected to city's wastewater collection, treatment, and disposal system.

"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 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.

"Director of public works" or "director"

means the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the director of public works.

"Dissolved solids" or "dissolved matter"

means the solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in Standard Methods.

"Domestic wastewater"

means the water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

"EC" or "specific conductance"

means the measured ability of the substance to conduct an electrical current.

"Effluent"

means the liquid outflow of any facility designed to treat, convey or retain wastewater.

"Emergency"

means a situation, which reasonably appears to present an imminent endangerment to the environment, or the health and/or welfare of persons, or which threatens to interfere with the operation of the city's publicly owned treatment works (POTW).

"Environmental Protection Agency" or "EPA"

means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

"Fats, oils, and grease" or "FOG"

means any material, or like material, that is soluble in petroleum ether.

"Fixture"

means a lavatory, tub, shower, water closet, garbage disposal, or other facility connected by a private plumbing system to the sewer.

"Fixture unit"

means the flow-producing effect of different fixtures on the collection system as defined by the Uniform Plumbing Code, as may be amended, published by the International Association of Plumbing and Mechanical Officials.

"Food service establishment" or "FSE"

means any facility defined in California Uniform Retail Food Service Establishments Law (CURFFL) Section 113785, and any commercial entity discharging into the city sewer system operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a mechanical exhaust ventilation system, as required in CURFFL Section 114296. A limited food preparation establishment is not considered a food service establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

"Garbage"

means solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, processing and sale of produce.

"General discharge order"

means the Waste Discharge Requirements (WDR) Order issued to the city by the California Regional Water Quality Control Board (CRWQCB).

"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 any facility designed, constructed, and operated for the purpose of removing and retaining dangerous, deleterious, or prohibited constituents from wastewater by differential gravity separation before discharge to the POTW.

"Industrial user"

means any person who discharges non-domestic wastewater to the POTW or any other system tributary thereto.

"Industrial wastewater"

means all water-carried wastes and wastewater discharged by any person, excluding domestic wastewater and uncontaminated water, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin, including, but not limited to, water softening regeneration plants.

"Inspector"

means a person authorized by the director of public works to inspect wastewater generation, conveyance, processing, and disposal facilities.

"Interference"

means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

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

Results in a cause of violation of any requirement of the city's waste discharge requirements (including without limitation an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with all applicable statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations) including, without limitation: 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 any requirement or prohibition against pollutant discharges from any non-domestic user, as established by the city, to address federal standards as well as state and local regulations.

"Medical waste"

means any isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

"Monthly average"

means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

"Monthly average limit"

means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

"National pretreatment standard" or "pretreatment standard" or "standard"

means any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

"New source"

means:

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 process of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether they 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.

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)(a) or (b) of this definition but otherwise alters, replaces, or adds to existing process of production equipment.

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

a.

Begun, or caused to begin as part of a continuous onsite construction program:

i.

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

b.

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

"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.

"Pass through"

means a discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's waste discharge requirements (including an increase in the magnitude or duration of a violation) established for the reuse or disposal of effluent or sludge.

"Peak flow rate"

means the average rate at which wastewater is discharged to a public sewer during the highest 30 minute flow period in the preceding 12 months.

"Permit"

means a written authorization by the director of public works to connect to and discharge to the city's wastewater collection, treatment and disposal system in accordance with the provisions of this chapter or any other ordinance or regulations of the city.

"Person"

means any individual, partnership, association, corporation, limited liability company, public agency, and any other organization or group of persons, public or private.

"Pollutant"

means any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the city or the regulatory bodies empowered to regulate the city.

"Pretreatment requirement"

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

"Properly ground garbage"

means the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

"Publicly owned treatment works" or "POTW"

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

"Radioactive waste"

means wastes that contain chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.

"Regional Administrator"

means Region IX of the United States Environmental Protection Agency.

"Regional Water Quality Control Board" or "RWQCB"

means the California Regional Water Quality Control Board, Central Valley Region.

"Revenue program"

means the system of charges and fees established for the use of the city's wastewater collection, treatment, and disposal system and all supporting data used in determining such charges and fees.

"Sanitary sewer overflow" or "SSO"

means an overflow from the sanitary sewer system of domestic wastewater, as well as industrial and commercial wastewater.

"Septage"

means any sewage from holding tanks such as septic tanks.

"Septage receiving station"

means the designated receiving station for waste haulers to deposit septage from their septage collecting trucks.

"Sewage (wastewater)"

means a combination of wastes and water, including industrial wastewater, whether treated or untreated, from residences, commercial buildings, institutions and industrial establishments, which are discharged into the sewer.

"Sewer"

means a pipe or conduit for holding and carrying wastewater, including the manholes and all other appurtenant facilities which are necessary or convenient to the holding or carrying of wastewater.

Significant Industrial User or SIU.

Except as provided in paragraphs 2 and 3 of this definition, the term "significant industrial user" means:

a.

All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter 1, subchapter N; or

b.

Any other industrial user that:

i.

Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

ii.

Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or

iii.

Is designated as such by the director of public works on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

The director of public works may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

a.

The industrial user prior to director of public works finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

b.

The industrial user annually submits the certification statement required in Section 13.08.088(B)(2) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and

c.

The industrial user never discharges any untreated concentrated water.

Upon a finding that a user meeting the criteria in paragraph (2)(b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the director of public works may at any time, on his/her own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

"Slug load" or "slug discharge"

means any discharge at a rate or concentration, which causes a violation of the prohibited discharge standards in Section 13.08.050 of this chapter. A slug discharge is any discharge of non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violates the POTW's regulations, local limits or permit conditions.

"Solid waste"

(except as provided in paragraph 2 of this definition) means:

All putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

Solid waste does not include any of the following wastes:

a.

Hazardous waste, as defined in California Public Resources Code Section 40141, as may be amended;

b.

Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code), as may be amended; or

c.

Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code), as may be amended. Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in California Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this title.

"Standard Methods"

means the then-current approved edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association.

"Stormwater"

means any flow occurring or following any form of natural precipitation, and resulting from such precipitation, including snow melt.

"Suspended solid"

means solids that either float on the surface of, or are suspended in water, sewage, wastewater or other liquids and which are removable by laboratory filtration. This is also called "suspended matter" in Standard Methods.

"Trap"

means any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious, or prohibited constituents from wastewater by differential gravity separation or mechanical separation before discharge to the sewer.

"Twenty-five percent rule"

means a requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed 25% of the design hydraulic depth of the grease interceptor.

"Unpolluted water or liquid"

means any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalis; substances that may impact taste-and-odor or color characteristics; or toxic or poisonous substances in suspension, colloidal state, or solution and shall contain not more than 500 parts per million of dissolved solids, and not more than 25 parts per million each of suspended solids or biochemical oxygen demand, or meet the then-current requirements for secondary treatment as defined by the State Water Resources Control Board. Any analytical determination shall be made in accordance with the procedures set forth in the current edition of "Standard Methods." Any water having contact with potential pathogen sources shall be considered to be polluted.

"User"

means industrial user; see above.

"Waste"

means sewage and any and all other waste substances—liquid, solid, gaseous or radioactive— associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.

"Waste discharge requirements"

means requirements issued to the city by the California Regional Water Quality Control Board for disposal of treated wastewater pursuant to Water Code Section 13263.

"Wastewater superintendent"

means the person so designated by the director of public works to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the wastewater superintendent.

"Water softener"

means a unit using the ion exchange process removing hardness from a water supply and requiring sodium chloride to regenerate the exchange bed.

"Wastewater"

means "sewage."

(Ord. 12-02, 2012)

It is unlawful for any person to cause, suffer or permit the disposal of wastewaters, human excrement or other liquid wastes in any place or manner except through and by means of a plumbing and wastewater collection system which has been approved by the director of public works.

(Ord. 12-02, 2012)

It is unlawful to construct within the city any privy, privy vault, septic tank cesspool or other facility designed or intended to be utilized for the disposal of wastewater, except in those cases where the property line is more than 200 feet from a city sewer. Existing systems which are functioning properly may be used and pumped, but repairs, additions or alterations shall be prohibited. At the time a repair, addition or alteration is required, the system shall be abandoned and a connection made to the city sewer.

(Ord. 12-02, 2012)

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements. No person shall discharge, deposit, throw, cause, allow or permit to be discharged into any public sewer or plumbing fixture connected to the sewer any of the following described materials:

A. Any solids, liquids or gases which by themselves or by interaction with other substances may cause fire or explosion hazards or in any other way be injurious to persons, property or the operation of the sewer system and/or POTW including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees centigrade) using the test methods specified in 40 CFR 261.21.

B. Any noxious or malodorous solids, liquids or gases which, either singly or by interaction with other substances, are capable of creating a public nuisance or hazard to life, public health or safety, or preventing entry into sewers for their maintenance and repair.

C. Any solids, greases, slurries or viscous material of such character or in such quantity that, in the opinion of the director of public works, may cause an obstruction to the flow in the sewer or otherwise interfere with the proper functioning of the POTW.

D. Any toxic substances, chemical elements or compounds in quantities sufficient, in the opinion of the director of public works, to impair the operation or efficiency of the POTW or that will pass through the POTW and cause the effluent thereof to exceed the waste discharge requirements.

E. Any garbage, except properly ground with a mechanical garbage grinder.

F. Any sand, earth, ashes, mud, cement, broken glass, cinders, feathers, straw, shavings, metal, rags, tar, wood, meat processing plant wastes, such as animal skins, intestines, flushings and paunch materials retained on a screen having eight meshes per inch each way, or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation or maintenance of the POTW.

G. Any septic tank or cesspool waste, except as authorized by the wastewater superintendent for disposal at the septage receiving station at the POTW.

H. Any radioactive wastes. In the event of an accidental spill of radioactive material into any public sewer, the person responsible shall:

1. Immediately notify the wastewater superintendent; and

2. Render such technical or other assistance to the city within its power to prevent the POTW from becoming contaminated with radioactivity.

I. Any petroleum oil, or refined petroleum products, non-biodegradable cutting oil, commonly called soluble oil, products of mineral origin in amounts that will cause interference or pass through in the sewerage system or POTW.

J. Trucked or hauled wastes or pollutants, except at discharge points designated by the city.

K. Wastewater having a temperature of 150 degrees Fahrenheit or higher, or which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater which causes the temperature at the introduction to the POTW to exceed 104 degrees Fahrenheit or 40 degrees centigrade.

L. Wastewater having a pH less than 6.0 or more than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment.

M. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.

N. Any dispersed biodegradable oils and fats, such as lard, tallow, or vegetable oil in amounts that will cause interference or pass through in the sewerage system or POTW.

O. Any gasoline, benzene, naphtha, fuel oil, or other inflammable or explosive liquid or gas.

P. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

Q. Sludges, membrane retentates, spent chemical solutions, or other wastes generated during the reclamation, recycling, purification, or recovery of water, chemical solutions, brines, or other industrial process flow streams.

R. Wastewater causing two readings on an explosion hazard meter at the point of discharge into, or at any point in, the city's sewerage facilities of more than 10% or any single reading over 5% of the lower explosive limit of the meter.

S. Medical wastes, except as specifically authorized by the city in a wastewater discharge permit.

T. Detergents, surface-active agents, or other substances which might cause excessive foaming in the POTW.

U. Stormwater, groundwater, artesian well water, rainwater, roof runoff, condensate, deionized water, noncontact cooling water, unpolluted water, street drainage, subsurface drainage, yard drainage or swimming pool drainage unless specifically authorized by the director of public works. In some instances some of the above listed waters may be discharged to the storm sewer with the authorization of the director of public works.

V. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye and/or ink wastes and vegetable tanning solutions, which consequently imparts color to the POTW's effluent, thereby violating the city's general discharge order.

(Ord. 12-02, 2012)

A. Local Limits. Subject to council approval, the director of public works is authorized to establish local limits pursuant to 40 CFR 403.5(c). The following pollutant limits are established to protect against materials which are toxic to humans, animals, the local environment, or which will cause interference or pass through in the sewerage system. The limitations listed below apply to the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. No person shall discharge wastewater containing in excess of the following:

Parameter Maximum Concentration Limitations (mg/L unless otherwise noted)

1. The above limits may be revised from time to time by the city as may be deemed necessary to protect the sewerage system and POTW from interference and pass through, or as may be required by the applicable federal, state or local pretreatment standard.

2. The director of public works may impose more restrictive standards or requirements on a discharge he/she deems necessary to comply with the objectives of this chapter, specific prohibitions or the terms of the city's waste discharge requirements; provided however, such action will occur on a case-by-case basis and will not constitute an amendment of this Section 13.08.060.

3. The director of public works may authorize discharges containing higher concentrations on a sitespecific basis, provided that the concentrations of such discharges shall not cause pass through or interference. Any such authorization will not constitute an amendment of this Section 13.08.060. Upon approval by the director of public works, site-specific limitations shall be established through the terms specified in the industrial user's industrial wastewater discharge permit. The director of public works may impose mass limitations in addition to, or in place of, concentration-based limitations, due to reduced water usage by an industrial user.

4. The director of public works may develop best management practices (BMPs) and include them in individual industrial wastewater discharge permits to implement local limits and the requirements of Section 13.08.050.

B. Special Agreements. No statement contained in this chapter shall be construed as prohibiting any special agreement or arrangement between the city and any person whereby an industrial wastewater of unusual strength or character may be admitted to the POTW, either before or after pretreatment, when in the opinion of the director of public works, unusual or extraordinary circumstances compel special terms and conditions. No special agreement or arrangement shall be allowed which, by reason of the admission of such wastes, would result in pass through, interference or violation of any federal, state or local pretreatment standard. Any and all costs, expenses, or fees incurred by the city shall be paid by the user.

C. Dilution. No user shall ever attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director of public works may impose mass limitations on users who are using dilution to meet applicable standards or requirements.

(Ord. 12-02, 2012)

A. Infectious wastes which have been rendered non-infectious prior to grinding as specified in the California Health and Safety Code, Section 118215, from hospitals, clinics, and mortuaries may be disposed into the city's sewer system subject to the following limitations and requirements:

1. Pathologic specimens may not be disposed into the city's sewer system.

2. The material shall be ground by an approved grinder having the capabilities of meeting or exceeding the following fineness: at least 40% shall pass a No. 8 sieve; at least 65% shall pass a No. 3 sieve, and 100% shall pass a three-eighths-inch screen opening.

3. Ground organic kitchen waste from hospital food preparation and disposal facilities excluding all paper and plastic items may be discharged to the city's sewer system.

4. Disposable hypodermic needles, syringes, and associated articles following their use in hospitals, out-patient clinics, medical and dental offices, etc., may not be discharged to the city's sewer system.

5. The materials must not violate any other requirements of this chapter.

B. The following shall not be discharged to the city sewer system by any means:

1. Solid wastes generated in the rooms of patients who are isolated because of a suspected or diagnosed communicable disease.

2. Any portions of the human anatomy.

3. Wastes excluded by other provisions of this chapter except as specifically permitted in this section.

C. Nothing in this section shall be construed to limit the authority of the health officer of Kings County to define wastes as being infectious.

(Ord. 12-02, 2012)

A. Pretreatment Facilities. Industrial users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set forth in this chapter within the time limits set by the director of public works, the state or the EPA, whichever is the more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's sole expense. Detailed plans describing such facilities and operating procedures shall be prepared by a professional engineer registered in the state of California and submitted to the city for review, and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.

B. Traps. Sand, grease and oil traps shall be provided when, in the opinion of the director of public works, they are necessary for the proper handling of liquid wastes, sand, or other harmful ingredients. All traps shall be of a type and capacity approved by the director of public works and shall be so located as to be readily and easily accessible for cleaning and inspections.

C. Slugs and Equalized Discharges. No person shall cause the discharge of slugs of water or wastes. Each person producing a discharge of a slug into the public sewers shall construct and maintain, at his or her own expense, a suitable storage and flow control facility to insure the equalization of the discharge over a 24 hour period. Such facility shall have a capacity of at least 80% of the total normal volume discharged during a 24 hour production period, unless a smaller size is approved by the director of public works, and the outlet to the sewer shall be equipped with a rate discharge controller or other device approved by the director of public works, the regulation of which shall be directed by the director of public works.

D. Additional Pretreatment Measures.

1. The admission into the sewer of any waters or wastes having the characteristics listed below shall be subject to the review and approval of the city:

a. A BOD greater than 350 mg/L;

b. Containing more than 350 mg/L of suspended solids;

c. Having the characteristics described in Section 13.08.050; or

d. Constituent levels in excess of those enumerated in Section 13.08.060.

2. When necessary in the opinion of the director of public works the industrial user shall provide, at its expense, such pretreatment as may be necessary to:

a. Reduce the BOD discharge to 350 mg/L or applicable permit boundary;

b. Reduce total suspended solids to 350 mg/L or applicable permit boundary;

c. Reduce objectionable characteristics or constituents to within the maximum limits provided in Section 13.08.060; or

d. Control the quantities and rates of discharge of such water or wastes.

E. Whenever deemed necessary the director of public works may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.

F. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

G. Accidental Discharge/Slug Control Plan. At least once every two years, the wastewater superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The wastewater superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the wastewater superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall address, at minimum, the following:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the wastewater superintendent of any accidental or slug discharge, as required by Section 13.08.092(E) and (G); 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, including solvents, salts and chemicals, and/or measures and equipment for emergency response.

H. Salinity Control Plan. The director of public works may require any industrial user to develop, submit, and implement a salinity control plan at any time. The salinity control plan shall address, at a minimum, the following:

1. Determinations or best estimates of the identities and approximate quantities of salts or sources of salinity used and discharged;

2. Descriptions of the major salting operations and locations of potential salt or salinity release points on site drawing;

3. Procedures for immediately notifying the wastewater superintendent of any accidental or slug discharge, as required by Section 13.08.092(E) and (G);

4. Description of the methods of salt or salinity waste removal and disposal;

5. Description of employee training program for salinity control;

6. Identification of person responsible for implementation of the salinity control plan; and

7. Description of best management practices (BMPs) normally utilized by the industrial user to control salinity discharges.

(Ord. 12-02, 2012)

User must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director of public works may impose equivalent concentration or mass limits in accordance with Sections 13.08.064(E) and (F) and 40 CFR 403.6(c).

B. When the limits in a categorical pretreatment standard are expressed only in terms of mass pollutant per unit of production, the director of public works may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users [40 CFR 403.6(c)(2)].

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director of public works shall impose an alternate limit in accordance with 40 CFR 403.6(e).

D. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the director of public works. The city may establish equivalent mass limits only if the industrial user meets all the conditions set forth in subsections (D)(1)(a) through (e) of this section.

1. To be eligible for equivalent mass limits, the industrial user must:

a. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its wastewater discharge permit;

b. Currently use control and treatment technologies adequate to achieve compliance with applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

c. Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

d. Not have daily flow rates, production levels, or pollutant levels that vary so significantly the equivalent mass limits are not appropriate to control the discharge; and

e. Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

2. An industrial user subject to equivalent mass limits must:

a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

b. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

c. Continue to record the facility's production rates and notify the wastewater superintendent whenever production rates are expected to vary by more than 20% from its baseline production rates determined in Section 13.08.092(D)(1)(c). Upon notification of a revised production rate, the wastewater superintendent will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

d. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (D)(1)(a) of this section as long as it discharges under an equivalent mass limit.

3. When developing equivalent mass limits, the director of public works:

a. Will calculate equivalent mass limits by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

b. Will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility upon notification of a revised production rate; and

c. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the industrial user's actual average daily flow rate is reduced solely as a result of the implementation of water conservation technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to 13.08.060(C). The industrial user must also be in compliance with Section 13.08.350 regarding the prohibition of bypass.

E. The director of public works may convert the mass limits of the categorical pretreatment standards of 40 CFR 414, 419 and 455 to concentration limits for the purposes of calculation limitations applicable to individual industrial users. The conversion is at the discretion of the director of public works.

F. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical pretreatments standards from which the equivalent limitations were derived [40 CFR 403.6(c)(7)].

G. Many categorical pretreatments standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and maximum equivalent limitation [40 CFR 403.6(c)(8)].

H. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the director of public works within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the director of public works of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate [40 CFR 403.6(c)(9)].

(Ord. 12-02, 2012)

A. Septic tank waste may be introduced into the POTW at the septage receiving station, during normal operational hours, by waste haulers approved by the wastewater superintendent. Such waste shall not violate Sections 13.08.050, 13.08.060 and 13.08.062 of this chapter with the exception of EC limits.

B. All waste haulers are subject to the following requirements prior to commencement of discharging septage at the POTW:

1. Have a completed waste hauler application on file at POTW.

2. All trucks must be inspected by the wastewater superintendent for:

a. Visual scale showing volume of waste load in gallons;

b. Proper discharge connections; and

c. Leaks.

3. Have a copy of their valid permit to haul waste in Kings County on file at the city's POTW.

4. Waste haulers will be required to maintain general liability and vehicle liability insurance coverage in amounts identified by the city.

C. No load may be discharged without prior consent of the wastewater superintendent. Samples must be collected from each load to ensure compliance with applicable limitations. The wastewater superintendent may require the waste hauler to provide a waste analysis for any load prior to discharge.

1. pH Limits. The pH of all samples must be no lower than 6.0 and no greater than 11.0.

2. EC Limits. The EC of all samples must be lower than 3,000 µS.

D. Waste haulers must provide waste-tracking information for every load. This information must be entered on the provided forms and shall include at a minimum waste hauler identification, names and addresses of all sources of the waste, and volume and characteristics of the waste.

E. Failure to provide required information, sampling or providing false information shall be a violation of this chapter and, at the discretion of the wastewater superintendent, may result in, but not limited to, service suspension or termination.

(Ord. 12-02, 2012)

A. If another municipality, or user located within another jurisdiction, contributes wastewater to the POTW, the city shall enter into an inter-jurisdictional agreement with the contributing entity with jurisdiction over the location where the waste is generated.

B. Prior to entering into an agreement required by subsection A of this section, the director of public works shall request the following information from the contributing entity:

1. A description of the quality and volume of wastewater discharged to the POTW by the contributing entity;

2. If the contributing entity is a municipality, an inventory of all users located within the contributing municipality that are discharging to the POTW; and

3. Such other information as the director of public works deems necessary.

C. An inter-jurisdictional agreement, as required by subsection A of this section, shall contain, without limitation, the following conditions:

1. A requirement for the contributing municipality or entity with jurisdiction to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits, including baseline monitoring reports (BMRs) which are at least as stringent as those set out in Sections 13.08.050 through 13.08.064 of this chapter. The requirements shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;

2. A requirement for the contributing municipality or entity with jurisdiction to submit a revised user inventory on at least an annual basis;

3. A provision specifying which pretreatment implementation activities, including industrial wastewater discharge permit issuance, inspection, sampling and enforcement, will be conducted by the contributing municipality or entity; which of these activities will be conducted by the director of public works; and which of these activities will be conducted jointly by the contributing municipality or entity and the director of public works;

4. A requirement for the contributing municipality to provide the director of public works with access to all information that the contributing municipality or entity obtains as part of its pretreatment activities;

5. Limits on the nature, quality and volume of the contributing municipality's or entity's wastewater at the point where it discharges to the POTW;

6. Requirements for monitoring the contributing municipality's or entity's discharge;

7. A provision ensuring the director of public works access to the facilities of users located within the contributing municipality's or entity's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the director of public works;

8. A provision specifying remedies available for breach of the terms of the inter-jurisdictional agreement; and

9. Where the contributing municipality has primary responsibility for permitting, compliance monitoring, or enforcement, the inter-jurisdictional agreement should specify that the city has the right to take action to enforce the terms of the contributing municipality's or entity's ordinance or to impose and enforce pretreatment standards and requirements directly against dischargers in the event the contributing jurisdiction is unable or unwilling to take such action.

(Ord. 12-02, 2012)

Any person desiring to use the city sewer will be allowed to connect to the city sewer if the property discharging into the sewer is in the area served by the POTW and the following conditions are met:

A. The effluent will meet the requirements of this chapter.

B. A street cut permit is obtained.

C. Payment of current connection fee.

D. Repairs and connections to the sewers requiring excavations in streets shall be bonded as required by Section 12.04.020 of the Hanford Municipal Code.

E. Uses by residential, industrial or commercial establishments outside the city limits will not be granted if, in the opinion of the director of public works, they will impair the usage of the sewer system or any part thereof by property within the city.

F. Enlargements, extensions or modifications of the city sewers for use by outside residential, industrial or commercial establishments shall be solely at the cost of such user. Such enlargements, extensions or modifications shall be constructed according to plans and specifications approved in advance of the construction by the director of public works. Upon certification by the director of public works that construction is complete and in accordance with approved plans and specifications, the city shall be granted an option to take title and full control of such facilities. Such option shall remain in effect until exercised by the city or as long as the facilities remain connected to the city's sewerage system. Until the city exercises its option to take full title, such enlargements shall be operated and maintained at the expense of such users, except by special agreement. All limitations and requirements established by this chapter shall apply to such enlargements, extensions or modifications, whether operated by the city or the user.

G. The failure or refusal of any user to comply with any condition of this chapter or of any contract granted pursuant to this chapter shall be sufficient grounds for cutting off its connections with the sewer system after five days' notice thereof by the city.

H. Maximum protection to the city shall be provided in the drafting of any contract, and all applicable provisions of this chapter shall be implied conditions of the contract.

I. Excepting industrial users, applicants shall apply at the office of the city building official. All applicants shall complete and submit the application form provided by the city. The city building official shall determine whether the connection is feasible before any sewer lateral construction is started and shall inspect connecting lines for installation in accordance with all applicable codes, rules, and regulations, including without limitation the city's municipal code.

(Ord. 12-02, 2012)

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

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

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

D. Specific FOG Prohibitions. The following specific prohibitions shall apply to all FOG-producing facilities:

1. Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited, unless a waiver has been granted through the industrial wastewater permit application process.

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

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

4. Discharge of wastewater with temperatures in excess of 140 degrees Fahrenheit (60 degrees centigrade) into any grease trap is prohibited.

5. Garbage disposals (food grinders) shall be prohibited at all new food service establishments (facilities construction after the effective date of this ordinance). Existing food service establishments (facilities in existence on the effective date of this ordinance) shall remove all garbage disposals when they remodel or within 180 days from receiving a notice from the city to remove its garbage disposal(s) based on the director of public works' finding that the food service establishment at any time caused or contributed to a sanitary sewer overflow (SSO).

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

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

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

E. Industrial Wastewater Discharge Permit Required. All FOG-producing facilities shall obtain an industrial wastewater discharge permit. Nothing in the permit is intended to relieve the FOG-producing facility of any local, state, or federal regulation.

1. Industrial wastewater discharge permits may contain the following conditions or limits if found necessary to meet the intent of this ordinance by the director of public works:

a. Limits on discharge of FOG and other pollutants;

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

c. Requirements for implementing, maintaining, and reporting on the status of best management practices;

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

e. Requirements to self-monitor; and

f. Additional requirements as may be determined to be reasonably appropriate by the director of public works or as specified by other regulatory agencies to protect the collection system.

F. Best Management Practices. All persons and entities shall implement best management practices (BMPs) in an effort to minimize the discharge of FOG into the sewer system, including, but not limited to, the following, as applicable:

1. Installation of Drain Screens. Drain screens shall be installed on all drainage pipes in FOG-producing areas of facilities.

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

3. Disposal of Waste. All food and FOG-associated waste shall be disposed of directly into the trash or garbage and not into sinks and shall be disposed of in a manner that will ensure against leakage in the trash container or elsewhere.

4. Employee Training. Employees of the FOG-producing facility shall be trained by ownership/management periodically as specified in the industrial wastewater discharge permit. Employees of food service establishments shall also be trained on the following subjects:

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

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

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

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

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

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

G. FOG Pretreatment Required for New and Existing Facilities. FOG-producing facilities are required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this section. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FOG-producing facilities prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in areas of a facility that are sources of FOG discharges shall be connected to the grease interceptor.

1. New FOG-producing facilities constructed after the effective date of the ordinance codified in this chapter shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.

2. Existing FOG-producing facilities shall install grease interceptors in any of the following circumstances:

a. When the facility changes ownership;

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

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

d. During a remodel;

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

3. Any existing FOG-producing facility that receives a notice from the director of public works to install a grease interceptor must install the interceptor within 180 days unless otherwise required by the director of public works.

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

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

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

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

I. Cost Recovery. All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by a FOG-producing facility shall be reimbursed to the city by such facility. Factors for determining responsible parties for cost recovery charges include the FOG-producing facilities that are discharging into the affected sewer line, the presence of grease removal devices or alternative pretreatment in the FOG-producing facility, proper maintenance of grease removal devices by the FOG-producing facility, and implementation of BMPs.

J. Drawing Submittal Requirements. At the time of obtaining an industrial wastewater discharge permit or upon request by the director of public works:

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

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

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

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

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

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

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

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

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

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

4. Access manholes, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and sanitary tee. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.

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

a. Any modification will be at the FOG-producing facility's expense.

b. The city is not liable for any noncompliance as a result of any modification.

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

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

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

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

a. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the 25% rule. Regardless, the interval between cleaning shall not exceed six months;

b. The owner/operator of a FOG-producing facility may submit a request to the director of public works asking for a change in the maintenance frequency at any time. The FOG-producing facility has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of the 25% rule. The FOG-producing facility must also show that it is in full compliance with the conditions of its FOG wastewater discharge permit and this section. Upon approval by the director of public works, the industrial wastewater discharge permit will be modified accordingly to reflect the change in maintenance frequency;

c. If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the 25% rule, the FOG-producing facility shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the FOG-producing facility may be required to increase the maintenance frequency of the grease interceptor from its current frequency.

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

M. Grease Trap Requirements. Grease traps may be authorized by the director of public works through a variance under subsection H of this section, with the following conditions:

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

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

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

a. Any modification will be at the FOG-producing facility's expense;

b. The city is not liable for any noncompliance as a result of any modification.

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

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

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

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

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

9. The temperature of any water entering a grease trap shall not exceed 140 degrees Fahrenheit (60 degrees centigrade).

N. Monitoring Requirements.

1. The director of public works may require, through the industrial wastewater discharge permit, or at any time, a FOG-producing facility to construct and maintain in proper operating condition, at the facility's sole expense, flow monitoring, constituent monitoring, and/or sampling devices.

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

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

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

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

(Ord. 12-02, 2012)

The applicant shall bear all costs for the construction and installation of laterals for connecting private sewer facilities to the sewer. All such construction and installation shall be performed in accordance with all applicable codes, rules, and regulations, including without limitation, the city's municipal code.

(Ord. 12-02, 2012)

Any person who discharges or causes the discharge of prohibited discharges or slug discharges which cause damage to the city's POTW, detrimental effects on treatment processes, or any other damages resulting in costs to the city, shall pay to the city the full costs of any and all damages occasioned thereby.

(Ord. 12-02, 2012)

A. The director of public works or the person(s) designated as inspector(s) shall have the right to enter the premises of any user to determine whether or not the user is complying with all requirements of this chapter and any industrial wastewater discharge permit or order issued hereunder. Users shall allow the director of public works or inspector ready access to all parts of the premises for the purposes of inspection; conduct independent sampling, records examination and copying, and the performance of any additional duties.

B. Adequate identification shall be provided by the director of public works for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.

C. Access to all of the facilities directly or indirectly connected to the POTW shall be given to persons authorized by the director of public works at all reasonable times including those occasioned by emergency conditions. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director of public works, or the person(s) designated as the inspector(s), shall be permitted without delay for the purposes of performing specific responsibilities.

D. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the director of public works and shall not be replaced.

E. No person shall unlawfully interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the city's sewerage systems. Unreasonable delays in allowing the authorized city inspector access to the user's premises shall be a violation of this chapter.

F. If the director of public works or the person(s) designated as the inspector(s) has been refused access to a building, structure or property or any part thereof and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the director of public works may seek issuance of a search warrant from the Superior Court of Kings County.

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

H. The director of public works may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its expense. All devices used to measure wastewater flow and quality shall be calibrated at a minimum semi-annually to ensure their accuracy.

I. The sampling and monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis. Monitoring facilities shall be provided in accordance with the director of public works' requirements and all applicable city and state construction standards, whether constructed on private or public property. Such monitoring facilities shall be maintained in a manner so as to enable the director of public works to perform independent monitoring activities.

(Ord. 12-02 , 2012)

Industrial wastewater discharge permits shall be issued under the following categories, as determined by the director of public works after review of the permit application as described in Section 13.08.088. The director of public works may determine, upon review of the permit application, that no permit is required for certain nonresidential sewer system users whose individual discharge does not qualify them as an SIU and will not pose a risk to significantly impact the POTW, degrade wastewater quality, or contaminate sludge.

A. General Industrial/Commercial User Permits. General industrial/commercial user permits shall be issued to certain industries and some commercial users whose individual discharge does not qualify them as an SIU but may pose a risk to significantly impact the POTW, degrade wastewater quality, or contaminate sludge. Industries that have the potential to discharge a non-domestic or process waste stream, but at the present time discharge only sanitary waste, may also be included in this group.

B. Significant Industrial User (SIU) Permits. SIU permits shall be issued to those industries which are determined by the director of public works to be significant industrial users (SIUs), as defined in Section 13.08.020. The director of public works may require other users to obtain an SIU permit as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subject the permittee to the sanctions set out in Sections 13.08.201 through 13.08.250 of this chapter. Obtaining a wastewater discharge permit does not relieve the permittee of its obligations to comply with all federal, state pretreatment standards or requirements or with any other requirements of federal, state and local law.

(Ord. 12-02, 2012)

A. Information similar to that required for a significant industrial user (SIU) will be required for a general industrial/commercial user permit, and shall be furnished on forms to be provided by the city.

B. General industrial/commercial user permits may contain the same information, conditions, or requirements as SIU permits.

C. Violators of the conditions of the general industrial/commercial user permits shall be subject to the same penalties as SIU permit violators.

(Ord. 12-02, 2012)

A. No SIU shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to the POTW owned by the city without first obtaining an SIU permit from the city.

1. Users in industrial categories subject to the categorical pretreatment standards developed by the EPA under the Act are required to comply with the pretreatment standards promulgated pursuant to Section 307 of the Act and found in 40 CFR 403.6. The city may issue standards more stringent than the federal standards if the director of public works determines that the limitations in the federal standards are not sufficient to:

a. Protect the operation of the city's POTW; or

b. Protect the POTW from violating the water quality standards or effluent limitations specified in the POTW's waste discharge requirements.

2. Self-Monitoring Requirements. The SIU permits shall contain self-monitoring requirements deemed necessary by the director of public works to insure compliance with city, state or federal rules and regulations and shall be submitted to the city for approval. The director of public works may require any or all of the following:

a. A schedule for complying with effluent limitations;

b. Compliance schedule progress reports;

c. A report on final compliance with effluent limitations and standards; and

d. Periodic reports on continued compliance.

B. Amended SIU Permits.

1. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the SIU permit. Any person desiring to discharge industrial wastewaters or use facilities which are not in conformance with the SIU permit or desiring to change its discharge parameters, shall apply to the city for an amended permit. An amended permit shall be issued before discharging at limits in excess of the current permit limits. Additional connection fees will be assessed and paid, for the increase in permit limits, as provided by council fee resolution.

2. New or increased contributions of pollutants to the city sewage system by industrial users, where such contributions do not meet applicable national pretreatment standards 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.

3. The director of public works may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

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

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

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

d. Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the POTW's biosolids quality;

e. Violations of any terms or conditions of the individual wastewater discharge permit;

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

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

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

(Ord. 12-02, 2012)

A. Existing Permitted Industries—Temporary Permits. Any user required to obtain a general wastewater discharge permit or SIU wastewater discharge permit who is discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the director of public works for an industrial wastewater discharge permit in accordance with subsection B of this section, and shall not cause or allow discharges to the POTW to continue after six months from the effective date of the ordinance codified in this chapter except in accordance with an individual wastewater discharge permit issued by the director of public works.

B. Industrial Wastewater Discharge Permit Application Procedure—Conditions for Approval.

1. Applicants for a permit for industrial wastewater discharge shall complete a city application form available at the office of the director of public works. The city may require the applicant to submit all or some of the following information as part of a permit application:

a. Identifying information:

i. The name and address of the facility, including the name of the operator and owner.

ii. Contact information, description of activities, facilities, and plant production processes in the premises.

b. Environmental permits: a list of any environmental control permits held by or for the facility.

c. Description of operations:

i. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

ii. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.

iii. Number and type of employees, hours of operation, and proposed or actual hours of operation.

iv. Type and amount of raw materials processed (average and maximum per day).

v. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location, and elevation, and all points of discharge.

d. Time and duration of discharges;

e. The location for monitoring all wastes covered by the permit;

f. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from the regulated process streams and other streams, as necessary, to allow use of the combined waste-stream formula set out in 40 CFR 403.6(e).

g. Measurement of Pollutants.

i. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

ii. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director of public works, of regulated pollutants in the discharge from each regulated process.

iii. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

iv. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 13.08.092(A)(1)(e)(iv) of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director of public works or the applicable standards to determine compliance with the standard.

v. Sampling must be performed in accordance with procedures set out in Section 13.08.092(A)(1)(e)(iii) through (v) of this chapter.

h. Any other information as may be deemed necessary by the director of public works to evaluate the permit application.

2. Any person signing the application statement submitted pursuant to this section shall make the following certification:

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

3. Upon approval of the application and payment of the required fees as adopted by resolution of the city council, an industrial wastewater discharge permit will be issued and the application, plans, specifications and data (the compliance schedule in the case of an interim permit) submitted in support will be considered as part of the permit.

4. The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the city all requested information and if the director of public works determines that there is adequate capacity in the POTW to convey, treat and dispose of the wastewaters. The city may deny any application for an industrial wastewater discharge permit if all of these requirements are not met.

5. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

C. Industrial Wastewater Discharge Permit—Duration. An industrial wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An industrial wastewater discharge permit may be issued for a period less than five years, at the discretion of the director of public works. Each permit will indicate a specific date upon which it will expire.

D. Industrial Wastewater Discharge Permit Contents. An industrial wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director of public works to prevent pass through or interference, protect the quality of the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and disposal and protect against damage to the POTW.

1. Industrial wastewater permits must contain:

a. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date.

b. Statement that the wastewater discharge permit is not transferable.

c. Effluent limits, including best management practices, based on applicable pretreatment standards.

d. Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.

e. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state and local law.

f. Requirements to control slug discharge, if determined by the superintendent of wastewater to be necessary.

2. Industrial wastewater discharge permits may contain, but need not be limited to, the following conditions:

a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

b. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

c. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

e. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

f. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

g. A statement that compliance with the industrial wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the industrial wastewater discharge permit; and

h. Other conditions as deemed appropriate by the director of public works to ensure compliance with this chapter, state, and federal laws and regulations.

E. Permit Issuance Process.

1. Public Notification. The director of public works will publish (in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on a Web page), a notice to issue an industrial wastewater discharge permit, at least 10 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

2. Permit Appeals. The director of public works shall provide public notice of the issuance of an industrial wastewater discharge permit. Any person, including the user, may petition the director of public works to reconsider the terms of an industrial wastewater discharge permit within 10 days of notice of issuance.

a. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

b. In its petition the appealing party must indicate the industrial wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition if any, it seeks to place in the industrial wastewater discharge permit.

c. The effectiveness of the industrial wastewater discharge permit shall not be stayed pending the appeal.

d. If the director of public works fails to act within 30 days, a request for reconsideration shall be deemed to be denied and this shall be considered the director's final administrative action for purposes of judicial review.

e. Aggrieved parties may appeal to the city council in accordance with Section 13.08.250 of this chapter.

F. Industrial Wastewater Discharge Permit Reissuance. A user with an expiring industrial wastewater discharge permit shall apply for industrial wastewater discharge permit reissuance by submitting a complete permit application, in accordance with subsection B of this section, a minimum of 30 days prior to the expiration of the user's existing industrial wastewater discharge permit. Failure to submit a completed permit application within 30 days prior to expiration of existing permit may result in permit expiration and discontinuance of service.

G. Industrial Wastewater Discharge Permit—Change of Restrictions.

1. The director of public works may change the restrictions or conditions of an industrial wastewater discharge permit from time to time as circumstances may require.

2. The city shall allow an industrial user a reasonable period of time to comply with any changes in the industrial wastewater discharge permit required by the city.

H. Industrial Wastewater Discharge Permit Suspension and Conditions for Reinstatement.

1. The director of public works 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 environment or to the city's POTW.

2. Any user notified of a suspension of its permit shall immediately cease and desist the discharge of all industrial wastewater to the POTW. In the event of a failure of the user to comply voluntarily with the suspension order, the director of public works shall take such steps as are reasonably necessary to insure compliance. In the event of an emergency, the city may terminate the discharge of all industrial wastewater to the POTW immediately. All sewer discharges from the user may be terminated if industrial and domestic wastewaters are combined prior to discharge to the city sewer.

3. The director of public works shall reinstate the permit upon proof of satisfactory compliance with all discharge requirements of the city.

I. Industrial Wastewater Discharge Permit Revocation. The director of public works may revoke an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to provide written notification to the director of public works of significant changes to the wastewater, at least 30 days prior to discharge to the sewer of the changed industrial wastewater;

2. Failure to provide prior notification to the director of public works of changed conditions pursuant to Section 13.08.092(F) of this chapter;

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

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the director of public works timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay connection fees;

9. Failure to pay fines and/or penalties;

10. Failure to pay sewer charges;

11. Failure to meet compliance schedules;

12. Failure to complete an industrial wastewater survey or the industrial wastewater discharge permit application;

13. Failure to provide 90 days prior written advance notice of the transfer of business ownership of a permitted facility; or

14. Violation of any pretreatment standard or requirement, or any provisions of:

a. The industrial wastewater discharge permit,

b. This chapter,

c. The city's municipal code, or

d. Any applicable federal, state, or local law, regulation, statute or ordinance.

J. Permit Nontransferability. Industrial wastewater discharge permits shall be void upon permanent facility closure or transfer of business ownership or substantially all the assets of the industrial user. All industrial wastewater discharge permits issued to a particular user are void upon the issuance of a new permit to that user.

(Ord. 12-02, 2012)

A. Periodic measurements of flow rates, flow volumes, BOD and suspended solids for use in determining the monthly industrial wastewater treatment service charge and such measurements of other constituents believed necessary by the director of public works shall be made by all industrial users, unless specifically relieved of such obligation by the director of public works.

B. All such sampling, analyses and flow measurements of industrial wastewaters shall be performed in accordance with Section 13.08.092(H) and (I) by a state-certified independent laboratory, by a laboratory of an industrial user approved by the director of public works or by personnel of the city. Prior to submittal to the city of data developed in the laboratory of an industrial user, the results shall be verified by a reasonable administrative official of the industrial user under penalty of perjury.

C. All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in the federal guidelines establishing test procedures for the analysis of pollutants "40 CFR Part 136, Test Procedures." If no appropriate procedure is contained therein, a procedure judged satisfactory by the director of public works shall be used to measure indicated wastewater constituents. Any independent laboratory or industrial user performing tests shall furnish test data or information on the test methods or equipment used, if requested to do so by the director of public works.

D. All users making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume or weir, a calibrated flow meter suitable to measure the industrial wastewater flow rate and total volume, an in-line pH probe/meter with temperature compensation and temperature reading device. All flow, pH and temperature readings must be continuous and logged with chart recorders to determine peak and average flow, pH and temperature. All monitoring equipment must be of the type that has been approved by the director of public works. The city may install, at the city's expense, a data logger.

E. The minimum requirement for self-monitoring shall be at least two times per year for significant industrial users, whether or not they are subject to national categorical standards.

F. Industrial users with fluctuations greater than 20% in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every day of operation. When required by the director of public works, users shall install and maintain automatic flow proportional sampling equipment and/or automatic analysis and recording equipment, approved by the director of public works.

G. Each industrial user, including those subject to self-monitoring and reporting requirements, shall retain for a minimum of three years records of monitoring activities and results and shall make such records available upon request for inspection and copying by inspectors and other authorized personnel of the city. Such records shall be retained during the pendency of any litigation regarding industrial wastewater discharge or for such additional periods as may be requested by city, state or federal entities.

H. Analyses of industrial wastewater as required for the enforcement of the provisions of this chapter and the determination of industrial user charges will be conducted at the discretion of the director of public works by either the POTW laboratory or another laboratory approved by the director of public works. The laboratory performing the analyses shall be certified by the state for the analyses performed.

1. The costs of sampling and analyses performed by the POTW laboratory shall be paid by the industrial user when, in the opinion of the director of public works, because of the quantity or quality of the wastes discharged, a greater number of analyses than normal are required to insure compliance with this chapter. The costs for sampling and analyses performed by another laboratory shall be paid by the industrial user.

2. Notwithstanding subsection (H)(1) of this section, costs for sampling and analyses performed in the normal course of monitoring an industrial user by the POTW laboratory shall be included as part of the sewer service rates established in the resolution of the city.

3. Charges for analyses completed by the POTW laboratory shall be commensurate with the rates charged by private laboratories for similar analyses.

(Ord. 12-02, 2012)

A. Reporting Requirements for All Industrial Users Subject to Categorical Pretreatment Standards Including Those Designated as Non-Significant Categorical Industrial User.

1. Baseline Monitoring Reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standard and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the city a report which contains the information listed in subsections (A)(1)(a) through (g) of this section. If reports containing this information already have been submitted to the RWQCB or the regional administrator in compliance with the requirement of 40 CFR 128.140(b) (1977), the industrial user shall not be required to submit this information again. However, the industrial user shall provide the city with a copy of such report along with written verification from the RWQCB that such report items have been received by the RWQCB. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in subsections (A)(1)(a) through (e) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of anticipated flow and quantity of pollutants to be discharged.

a. Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owner(s);

b. Permits. The user shall submit a list of any environmental control permits held by or for the facility;

c. Description of Operations. The user shall submit a brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications (SIC code) of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.

d. Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

i. Regulated process streams; and

ii. Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e). (See subsection (A)(1)(e) of this section.) The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

e. Measurement of Pollutants.

i. The user shall identify the pretreatment standards applicable to each regulated process.

ii. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or city) of regulated pollutants in the discharge from each regulated process.

iii. Instantaneous, daily maximum, and long term average concentrations, or mass, where required, shall be reported.

iv. The sampling shall be representative of daily operations and shall be analyzed in accordance with procedures set out below in subsections H and I (40 CFR 136). Where the standard requires BMP or pollution prevention alternative, the user shall submit documentation as required by the director of public works or the applicable standards to determine compliance with the standard.

v. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

vi. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the city.

vii. The director of public works may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

viii. The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

f. Certification. The user shall submit a statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

g. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

i. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.6(e)), and/or a fundamentally different factors allowance (40 CFR 403.13) after the user submits the report required by subsection A of this section, the information required by subsections (A)(1)(f) and (g) of this section shall pertain to the modified limits.

ii. If the categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(3)), and/or a fundamentally different factors allowance (40 CFR 403.13) after the user submits the report required by subsection A of this section, any necessary amendments to the information requested by subsections (A)(1)(f) and (g) of this section shall be submitted by the user to the city within 60 days after the modified limit is approved.

h. All baseline monitoring reports must be signed and certified in accordance with Section 13.08.088(B)(2) of this chapter.

i. Baseline monitoring reports must be submitted annually.

2. Compliance Schedule Progress Reports. The following conditions apply to the compliance schedule required by subsection (A)(1)(g) of this section:

a. The schedule shall contain progress increments 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 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).

b. No increment referred to above shall exceed nine months.

c. The user shall submit a progress report to the director of public works no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment progress, the reason for any delay, and if appropriate, the steps being taken by the user to return the established schedule.

d. In no event shall more than nine months elapse between such progress reports to the director of public works.

e. All sampling and analyses will be done in conformance with subsections H and I of this section (40 CFR 136).

3. Report on Compliance with Categorical Pretreatment Standard Deadline.

a. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (A)(1)(d) through (f) of this section.

b. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate.

c. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or measure of operation), this report shall include the user's actual production during the appropriate sampling period.

d. All compliance reports must be signed and certified in accordance with Section 13.08.088(B)(2) of this chapter.

4. Periodic Reports on Continued Compliance.

a. Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after the commencement of the discharge into the POTW, shall submit to the director of public works during the months of June and December of each year, unless required more frequently in the pretreatment standard or by the city or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in paragraph (A)(1)(d) of this section except that the city may require more detailed reporting of flows. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director of public works may agree to alter the months during which the above reports are to be submitted. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the director of public works or the pretreatment standard necessary to determine the compliance status of the user.

b. Where the city has imposed mass limitations on industrial users as provided by 40 CFR 403.6(d) the report required by paragraph (A)(3)(a) of this section shall indicate the mass of pollutants by pretreatment standards in the discharge from the industrial user.

c. The industrial users subject to equivalent mass or concentration limits established by the city in accordance with 40 CFR 403.6(c), the report required by paragraph (A)(3)(a) of this section shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation) the report required in paragraph (A)(3)(a) of this section shall include the user's actual average production rate for the reporting period.

d. All compliance reports must be signed and certified in accordance with Section 13.08.088(B)(2) of this chapter.

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

f. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director of public works, using the procedures prescribed in subsections G and H of this section (40 CFR 403.136), the results of this monitoring shall be included in the report (40 CFR 403.12(g)(6)).

B. Reporting Requirements for Significant Industrial Users Not Subject to Categorical Pretreatment Standards (Significant Non-Categorical Industrial User).

1. The director of public works shall require appropriate periodic reporting from those significant industrial users that are not subject to categorical pretreatment standards at least once every six months (on dates specified by the director of public works). Such periodic reporting shall include a description of the nature, concentration, and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with Sections 13.08.090(B) and (C). This sampling and analysis may be performed by the city in lieu of the significant non-categorical industrial user. Where the POTW itself collects all the information required for the report, the non-categorical SIU will not be required to submit the report.

C. Reporting Requirements for Non-Significant Categorical Industrial Users.

1. A facility determined to be a non-significant categorical industrial user by the director of public works pursuant to Section 13.08.020, Significant industrial user, the user must annually submit the signed certification statement in subsection (C)(2) of this section.

2. Non-significant categorical industrial users must annually submit the following certification statement signed in accordance with the signatory requirements in subsection J of this section. This certification must accompany the annual baseline monitoring report required in subsection (A)(1) of this section:

D. Notice of Violation/Re-sampling Requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city within two hours of becoming aware of the violation. The user shall also repeat the sampling and analysis, and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:

1. The city performs sampling at the industrial user's facility at a frequency of at least once per month; or

2. The city performs the sampling at the industrial user facility between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of this sampling.

E. Notice of Potential Problems, Including Slug Discharge. In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause operational problems or damage the POTW, the industrial user shall notify the POTW immediately by telephone, followed by a written notification. Said written notification identifying the reasons for the discharge and the procedures taken or to be taken to eliminate the discharge and eliminate the chance for any reoccurrence thereof, shall be submitted to the city within five days of the occurrence.

F. Report of Changed Conditions. Each user must notify the city of any planned significant changes to the operations or systems which might alter the nature, quality, or volume of its wastewater, at least 90 days before the change. The user may be required to submit an industrial user wastewater discharge permit application, or an application for an amended permit, in accordance with Section 13.08.086 of this chapter.

G. Notice of Discharge of Hazardous Wastes.

1. Every industrial user shall notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge to the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261 or California Code of Regulations Title 22. Such notification must include the name of the hazardous waste set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information:

a. An identification of the hazardous constituents contained in the wastes;

b. An estimation of the mass and concentration of such constituents contained in the wastes;

c. An estimation of the mass and concentration of such constituents contained in the waste stream discharged during that calendar month; and

d. An estimation of the mass and concentration of such constituents contained in the waste stream discharged during the following 12 months. All notifications must take place within 10 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged; however, notifications of changed discharges must be submitted under subsection E of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Section 13.08.090 and subsections A and B of this section.

2. In the case of any regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substances as a hazardous waste, the industrial user shall notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within 30 days of the effective date of such regulations.

3. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has been determined to be economically practical.

H. Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with techniques prescribed in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 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 analyses shall be performed by using validated analytical methods or any applicable sampling and analytical procedures, including procedures suggested by the director of public works or other parties approved by the EPA.

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

1. Except as indicated in subsections (I)(2) and (3) of this section, the user must collect wastewater samples using 24 hour flow proportional composite sampling techniques, unless time-proportional composite sampling is authorized by the director of public works. Where time-proportional composite sampling has been authorized, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples must be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits (40 CFR 403.12(g)(3)).

2. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

3. For sampling required in support of baseline monitoring and 90 day compliance reports required in Section 13.08.092(A)(1) and (3) (40 CFR 403.12(b) and (d)), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides, volatile organic compounds for facilities for which historical sampling data do not exist; for facilities where historical sampling data is available, the director of public works may authorize a lower minimum. For the reports required by Section 13.08.092(A)(4) (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements (40 CFR 403.12(g)(4)).

J. Signatories and Certifications.

1. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and must contain the certification statement contained in Section 13.08.088(B).

2. If the designation of an authorized representative 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 written authorization satisfying the requirements of this section must be submitted to the wastewater superintendent prior to or together with any reports to be signed by an authorized representative.

K. Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. 12-02, 2012)

A. Should measurements or other investigations reveal that the industrial user is discharging a flow rate, or a quantity of flow, or concentration for any regulated constituent in excess of that stated on the industrial wastewater discharge permit or in excess of the quantities reported to the city by the industrial user and upon which the permit is based, the industrial user shall apply for an amended permit and shall be assessed for all delinquent charges together with the penalty and interest provided for in this chapter or in the industrial wastewater discharge permit issued to the industrial user.

B. For the purpose of establishing the correct treatment service charge, as required by the city's service charge schedule, the data obtained in these samplings along with any other relevant information obtained by the city or presented by the industrial user, shall be used by the wastewater superintendent in determining the quantity parameters for use in the service charge formula. An industrial user found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter.

(Ord. 12-02, 2012)

A. The director of public works determines that, if sewerage capacity is not available, the city may require the industrial user to restrict its discharge until sufficient capacity can be made available.

B. 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 POTW.

(Ord. 12-02, 2012)

All domestic wastewaters from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device and the industrial wastewater monitoring facility or station.

(Ord. 12-02, 2012)

The director of public works may classify industrial users to establish an industrial wastewater treatment service charge based upon average flow quality and flow quantity adjusted by some commonly recognized parameter selected by the director of public works that establishes the relative size of the industrial user being charged.

(Ord. 12-02, 2012)

A. Purpose. The costs of operation, maintenance, debt service, equipment replacement and any and all other costs of administration of the city wastewater collection, treatment and disposal system shall be levied against all users thereof in proportion to the quantity and quality of the discharge. Such charges shall be calculated according to the regulations of the State Water Resources Control Board (SWRCB) and shall be adopted by resolution of the council. Separate charges shall be established for storm sewer users. All users shall be assigned to a classification based on the user's principal activity and typical wastewater constituents and characteristics. The purpose of such classification is to facilitate the regulation of wastewater discharges, to provide an effective means of source control and to establish a system of user charges and fees that ensure the equitable distribution of costs among all users. The system of charges to be established, in accordance with the requirements of the Act and the State Clean Water Grant Program shall provide for the following items:

1. Sufficient financing for an adequate operation and maintenance program, including competent operating personnel;

2. Funds to be reserved for necessary future replacement, improvements, and expansions of the facilities; and

3. The city shall adopt a schedule of charges and fees by resolution to include:

a. Sewer service charges;

b. Storm sewer charges;

c. Septage charges;

d. Other user charges;

e. Connection fees;

f. Fees for monitoring; and

g. Fees for permit applications.

B. Sewer Service Charges. The structure of the charges shall be as follows:

1. Single-family dwellings, multifamily dwellings, and duplexes, metered or unmetered, shall pay a flat rate sewer charge per family dwelling unit.

2. Mobile home parks; motels; public institutions; fraternal lodges; hospitals; nursing homes; churches; restaurants; service stations; automotive centers; car washes; retail commercial and professional buildings; laundromats; supermarkets; grocery stores; mortuaries; and other users which shall be designated by the director of public works shall pay a user charge based on metered water flow to the premises.

3. Schools shall pay a monthly sewer service charge based on the average daily attendance (ADA) of the previous month.

4. All POTW users (with the exception of flat rate users) which have unmetered water supplies shall install meters approved by the director of public works. Sewer service charges shall be levied based on the metered water flow. The director of public works, at his/her option, may estimate water usage and set equitable charges accordingly.

5. Industrial users shall pay a sewer service charge based on separate rates established for volume, mass BOD, and mass total suspended solids (TSS) discharged.

6. The city shall have the option of charging users on the basis of the volume of wastewaters discharged into the wastewater collection and treatment system rather than the volume of water used. In such event, the charge for such volume shall be established by the director of public works.

7. A sewer service charge shall be established by the director of public works for user classes which have not been listed on the resolution establishing the rate schedule for each class of user.

C. Storm Sewer Charges. A charge rate based on the volume of discharge for approved discharges of other than stormwater to the storm sewer shall be set by resolution of the council.

D. Septage Receiving Station Charges. A service charge shall be established by the council for discharging septage at the septage receiving station. The director of public works shall have the authority to establish additional charges for septage or other wastes discharged at the septage receiving station which exceed average discharge values of BOD and total suspended solids (TSS) concentrations discharged at the septage receiving station by 200%.

E. Inapplicable Measurements. For those users of the city wastewater collection, treatment and disposal system for which the amount of water used is not an adequate measure of the amount of wastewater disposal into the city sewer system, the director of public works shall have the authority to establish a sewer service charge based upon the amount and strength of the wastewaters discharged by the user.

F. Sewer Connection Fee for Existing Structures.

1. Any person applying for any permit, including without limitation, a plumbing permit, to connect an existing structure to the city sewer service system shall pay the city a sewer connection fee which payment shall be made prior to the issuance of any such permit for connection to the city sewer system. The sewer connection fee shall be calculated in accordance with the provisions of Chapter 15.47 of Title 15 of the Hanford Municipal Code. The sewer connection fee shall be used to pay the capital costs of the city wastewater collection, treatment and disposal system and where applicable, be used to recover the cost of constructing sewer mains and sewer connections.

2. Sewer connection fees shall be established by separate city council resolution in accordance with the provisions of Chapter 15.47 of Title 15 of the Hanford Municipal Code and shall be based upon standard strength residential wastewater concentrations of 200 mg/L for BOD and 200 mg/L TSS.

3. The payment of the connection fee for a single family residence may, with the approval of the director of public works, be made in minimum installments of $15 per month, which shall be included on the monthly utility bill. The owner of the real property shall execute a written promissory note or other document approved by the city to pay the connection fee in installments, together with interest, at a rate equal to the local agency investment fund (LAIF) interest rate in effect on the date of execution of the promissory note or other document, and the recording of a lien agreement against title to the real property to be connected to the city sewer system. The written promissory note or other document and lien agreement shall be in a form approved by the city and the city may require proof to its satisfaction that such lien agreement provides adequate security for the payment of the amounts due and owing to the city. Such lien shall be treated in all respects as a lien for unpaid ad valorem real property taxes.

4. The payment of the sewer connection fee for all other structures, other than industrial structures which would be subject to an industrial wastewater discharge permit, may be made in monthly installments approved by the director of public works and which will be included on the monthly utility bill. The owner of the real property shall execute a written promissory note or other document approved by the city to pay the connection fee in installments, together with interest, at a rate equal to the local agency investment fund (LAIF) interest rate in effect on the date of execution of the promissory note or other document, and the recording of a lien agreement against title to the real property to be connected to the city sewer system. The written promissory note or other document and lien agreement shall be in a form approved by the city and the city may require proof to its satisfaction that such lien agreement provides adequate security for the payment of the amounts due and owing to the city. Such lien shall be treated in all respects as a lien for unpaid ad valorem real property taxes.

5. Payment schedules for industrial discharges shall be established in the industrial wastewater permit and based upon connection charges established by separate city council resolution.

(Ord. 12-02, 2012)

A. Billing.

1. Sewer service charges, permit application charges, connection fees, septage charges, monitoring charges, storm drainage charges, and other charges identified in this chapter shall be collected by the director of finance.

2. Flat rate sewer service charges shall be billed monthly with other city utilities. All sewer service charges shall be earned as of the day of each month of service, regardless of the date of the termination of sewer service, and no rebates shall be made for midmonth disconnections.

3. Sewer service charges based on metered water use and student average daily attendance (ADA) shall be billed monthly with other city utilities.

4. All other fees and charges not listed in subsections (A)(2) and (3) of this section shall be paid as set forth in this chapter. Fees and charges not requiring prepayment or payment at the time of issuance shall be included on the next monthly city utility bill to the customer, except for industrial user connection fees, as described in Section 13.08.100(F)(5).

B. Delinquencies.

1. Penalty Fees. In the event any customer fails to pay the sewer service charges, connection fees, monitoring fees, and other required charges and fees identified in this section within 15 days after the date of the applicable city utility bill, the city may assess a basic penalty for late payment in the amount of 10% of the delinquent sewer related charges and fees, which amount shall be added to the delinquent charges and fees, and the director of finance shall collect the basic penalty along with the delinquent charges and fees. In the event a customer fails to pay the storm sewer charges and storm drainage charges identified in this section within 15 days after the date of the applicable city utility bill, the city may assess a basic penalty for late payment in the amount of 10% of the delinquent storm sewer and storm drainage related charges and fees, which amount shall be added to the delinquent charges and fees and collected as described in this subsection. The city may also assess an additional penalty, not exceeding one and one-half percent per month for nonpayment of the delinquent charges and fees and nonpayment of basic penalties.

2. Discontinuance of Service. In the event any customer fails to pay any charges or fees described in this chapter, including any penalty, fees, and fines associated with violation of the discharge boundaries identified in an industrial wastewater discharge permit, within 15 days after the date of the applicable city utility bill, the city, in addition to all other remedies it may have, may discontinue furnishing sewer service and all other services identified on the applicable city utility bill and shall not resume the same until all charges and fees, together with any penalties, service charges or connection fees necessitated by the resumption of sewer service, have been paid in full. Prior to discontinuing all services identified on the applicable city utility bill, the city shall send written notice to the customer advising the customer that all utilities identified in the applicable city utility bill will be discontinued if payment of the total amount identified in said written notice is not paid to the city within 10 days after the date of said written notice.

3. Court Action. In addition to discontinuing all utilities identified on the applicable city utility bill, the city may file a civil action against the customer for the collection of any amount due and unpaid. Such remedy shall be cumulative and in addition to any other remedy provided in this chapter or by law.

4. Notice of Liens. In the event a customer fails to pay, in full, all charges, fees or penalties identified in this chapter within 90 days of the date of any city utility bill, the city shall notify the owner of the real property receiving the sewer service, in writing, of such delinquency and that the delinquency shall be collected pursuant to the provisions of subsection (B)(5) of this section.

5. Lien Proceedings. In the alternative to filing a civil action against the customer, the city council, pursuant to the applicable provisions of the California Health and Safety Code, may elect to have all delinquent charges, fees and penalties collected on the tax roll in the same manner, at the same time and by the same persons together with and not separately from general taxes. Such delinquent charges, fees and penalties shall thereafter constitute a lien against the lot or parcel of land against which the charges have been imposed.

6. Restoration of Service. The utilities identified on the city utility bill shall not be restored until all charges, fees and penalties, including without limitation, all expenses of removal, discontinuance, disconnection, restoration and reconnection have been paid.

7. The director of public works may decline to issue or reissue a general or individual industrial wastewater discharge permit to any user who has failed to pay outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous general or individual wastewater discharge permit or order issued hereunder.

(Ord. 12-02, 2012)

The service applicant in each instance will be responsible for constructing any needed sewer main, except that in special cases the council may authorize the construction of mains by the city. All such main extensions shall be constructed and tested in accordance with city approved engineering designs and city specifications.

(Ord. 12-02, 2012)

A. Sewer Main Construction Reimbursement Other than Oversizing.

1. If an applicant constructs and installs a sewer main pipeline having a size of six inches or smaller and the city determines that the sewer main pipeline constructed and installed by the applicant will provide sewer service to other property owners whose property is adjacent to the sewer main pipeline, subject to the provisions of a reimbursement agreement approved by the city council, the city will reimburse the applicant, based upon a front foot charge, an amount not to exceed one-half of the actual cost paid by the applicant for the construction and installation of the sewer main pipeline.

2. As connection is made to the sewer main pipeline by other applicants, a reimbursement amount, including interest, at a rate equal to the Local Agency Investment Fund ("LAIF") interest rate in effect on the date of execution of the reimbursement agreement by the city, shall be collected by the city from the connecting applicants and held in accordance with the terms and conditions of a reimbursement agreement executed by the city and the applicant.

3. It shall be the sole responsibility of the customer who is eligible for reimbursement pursuant to this subsection A to submit to the city's public works director or designee the documentation identified by the city that is needed to prepare a reimbursement agreement, including, without limitation, material reflecting the cost to construct the reimbursement-eligible improvements. All required documentation must be received by the city's public works director or designee prior to the date on which a notice of completion for the improvements is recorded, or, if no notice of completion is recorded, prior to the date on which the city issues a written acceptance of the improvements. A customer shall be deemed to have forever waived the right to reimbursement under this section if the customer fails to submit all required documentation by such deadline.

4. It shall be the sole responsibility of the customer who is a party to the reimbursement agreement to request payment of the funds received by the city from the other customers connecting into the sewer main pipeline. The maximum term of any reimbursement agreement shall be for a period of 10 years beginning on the date on which a notice of completion for the improvements is recorded, or, if no notice of completion is recorded, prior to the date on which the city issues a written acceptance of the reimbursement-eligible improvements, and any and all claims for reimbursement by the customer must be made within one year after the date of expiration of the reimbursement agreement. Should no request for reimbursement be made within said one-year period, the funds held by the city pursuant to the terms and conditions of the reimbursement agreement may be used by the city for sewer system purposes as determined by the city with no further obligation to the customer.

B. Sanitary Sewer Lift Stations.

1. If an applicant constructs and installs a sanitary lift station and the city determines that the sanitary lift station constructed and installed by the applicant will provide sewer service to other property owners, subject to the provisions of a reimbursement agreement approved by the city council, the city will reimburse the applicant a portion of the actual cost paid by the applicant for the construction and installation of the sanitary sewer lift station. The amount of reimbursement shall be a portion of the actual cost of construction and installation paid by the applicant that is collected by the city from other properties receiving sanitary sewer service because of the operation of the lift station. The amount paid by these other landowners shall be based upon the proportionate acreage served by the lift station.

2. An applicant who is eligible for reimbursement pursuant to this subsection B shall submit to the city's public works director or designee that documentation identified by the city that is needed to prepare a reimbursement agreement, including, without limitation, material reflecting the cost to construct the reimbursement-eligible improvements. All required documentation will be provided to the city's public works director or designee in a timely manner so that the city's ability to collect funds from the owners of other properties served by the sanitary lift station is not hindered.

3. The city will fund and pay reimbursement to an applicant by collecting a reasonable charge, including interest, from owners of property that benefit from the sanitary lift station when an owner's property is connected to the portion of the city's sanitary sewer system served by the sanitary lift station. Interest will accrue at a rate equal to the Local Agency Investment Fund ("LAIF") interest rate in effect on the date that a notice of completion is recorded by the city for the reimbursement-eligible improvements, or, if no notice of completion is recorded, the date on which the city accepts the improvements in writing. The city will disburse to the applicant at least once per calendar year those funds collected from owners of property benefitted by the reimbursement-eligible improvements.

(Ord. 12-02, 2012; Ord. 17-02 § 3, 2017)

Should the city construct and install a sewer main pipeline which will provide sewer service to property owners/customers whose property is adjacent to or across the street from the sewer main pipeline, each such property owner/customer shall reimburse the city, based upon a front footage charge as determined by the city, the actual cost paid by the city for the construction and installation of a six inch sewer main pipeline plus the cost of engineering and administrative services incurred by the city in the construction and installation of the six inch sewer main pipeline, exclusive of oversizing as identified in Section 13.08.150 of this chapter. Before connection is made to the sewer main pipeline by the property owner/customer, a reimbursement amount, as determined by the city, including interest, at a rate equal to the local agency investment fund (LAIF) interest rate in effect on the date of the final payment made by the city for the construction and installation of the sewer main pipeline, shall be paid by the property owner/customer to the city. The city's right to receive reimbursement shall be for a period of 10 years after the date of the filing of the notice of completion for the construction and installation of the sewer main pipeline and any and all claims for reimbursement by the city must be made within one year after the date of expiration of said 10 year period.

(Ord. 12-02, 2012)

The city shall have the right to require an applicant to construct an oversized sewer line. If the city requires an applicant to construct an oversized sewer line, the city shall reimburse the applicant the actual cost paid by the applicant for the oversizing in accordance with the provisions of Chapter 15.49 of the Hanford Municipal Code. Only sewer lines larger than six inches in internal diameter and which have been identified in the city's sewer impact fee program, shall be considered oversized; however, if an applicant requires a sewer line larger than six inches for its own purposes, then the oversized sewer line will be considered the size required to serve that applicant. The city engineer is empowered to make the determination as to how much, if any, oversizing is required and is also empowered to determine the difference in cost between the actual construction and installation cost and the average cost of a six inch (or larger) sewer line. The decisions made by the city engineer shall be binding and conclusive on the applicant.

(Ord. 12-02, 2012)

Laterals on private property belong to the property owner. All sewers in public streets, alleys and roads, except the lateral serving an individual property, shall become the property of the city when the construction is completed and accepted. Privately owned community systems serving more than one parcel of property shall be prohibited.

(Ord. 12-02, 2012)

The property owner shall be responsible for the maintenance of the complete lateral connection to the street sewer main, including the portion of such lateral placed in the public right-of-way or easement. The city will maintain all sewer mains, pump stations and treatment facilities.

(Ord. 12-02, 2012)

A. Backwash water from swimming pool filters shall be connected to and discharged into the city's sanitary sewer system.

B. Pool water may be drained or pumped into either the storm sewer or gutters that drain to the storm sewer provided the rate does not exceed 100 gallons per minute. Permission from the director of public works shall be obtained before draining or pumping to the street gutters.

(Ord. 12-02, 2012)

The director of public works is charged with the duty of enforcing this chapter with the exception of the collection of funds. The director of finance is charged with the duty of enforcing all matters pertaining to fund collection.

(Ord. 12-02, 2012)

A. Wastewater Capital Improvement Fund. A special fund to be known as the wastewater capital improvement fund is hereby established. All funds collected for sewer connection fees and other related income shall be deposited in said fund. Said fund shall be used exclusively for the payment of debt service, and for construction, rebuilding, and repair of the wastewater treatment plant and sanitary sewers.

B. Wastewater Operation Fund. A special fund to be known as the wastewater operation fund is hereby established. All funds collected for sewer service charges, sewer permits, sewer rental, income from the rental of the sewer farm, sale of treated effluent, septage charges, monitoring fees, and other related income shall be deposited in said fund. Said fund shall be used exclusively for the payment of maintenance, operation, construction, rebuilding, repair, and debt service for the wastewater treatment plant and sanitary sewers.

C. Storm Drainage Fund. A special fund to be known as the storm drainage fund is hereby established. All funds collected for connection to existing storm drains, storm drainage service fees, and other related income shall be deposited in said fund. Said fund shall be used exclusively for the payment of storm sewer maintenance, operation, construction, rebuilding, repair, and debt service for the storm drainage collection and disposal service.

(Ord. 12-02, 2012)

The director of public works shall publish annually, in the largest daily newspaper published in the city, a list of the users that at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violates subsections C, D or H of this section) and shall mean:

A. Chronic violations of SIU permit limits, defined here as those in which 66% or more of wastewater measurements taken during a six month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other discharge violation that the director of public works believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

D. Any discharge of pollutants that have caused imminent endangerment to the public or the environment, or have resulted in the director of public works' exercise of his or her emergency authority to halt or prevent such a discharge;

E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an SIU permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation(s) which may include a violation of best management practices, which the director of public works determines adversely affects the operation or implementation of the local pretreatment program.

(Ord. 12-02, 2012)

Information and data collected on a user obtained from reports, surveys, wastewater discharge permit applications, industrial wastewater discharge permits and monitoring programs from the director of public works' inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the director of public works, that the release of such information would divulge information, process, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined in 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. 12-02, 2012)

A. Notice of Violation.

1. Upon the determination by the director of public works that any person or entity is in violation of:

a. Any provision of this chapter or order issued hereunder;

b. An industrial wastewater discharge permit; or

c. Any other pretreatment standard or requirement of the city, or is found to have improperly used or maintained or discharged into the sewer, such person or entity shall be served by the director of public works with a written notice of violation. The notice shall, if feasible, describe the time, place and circumstances of each violation charged and the corrective measures, if any, the industrial user is required to undertake as a condition of continuation of the industrial user's right to discharge into the sewer. The director of public works shall have the discretionary authority to decline to issue a notice of violation in cases where violations are insignificantly technical in nature and the public interest would not be served by proceeding with formal enforcement action. The director of public works shall keep a record of all such discretionary determinations.

2. Within 10 days of the receipt of such notice, an explanation of the violation and a plan for the correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director of public works. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director of public works to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

3. The industrial user shall complete any corrective action described in the notice of violation within 10 days of receipt of the notice of violation or shall identify in writing a proposed arrangement for the corrective action to be taken if corrective action cannot be reasonably completed during such 10 day period.

B. Method of Service.

1. All written notices required by this chapter shall be served by personal delivery to the person or entity to be notified or by deposit in the United States mail, certified with return receipt requested, addressed to such person or entity to be notified at his/her/its last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.

2. Where personal service or service by mail of the notice of violation or notice of hearing described below upon the appropriate party or parties is unsuccessful, the director of public works shall cause all of the following to occur:

a. A copy of the notice of violation or notice of hearing, as appropriate, shall be conspicuously posted at the real property where the violation which is the subject of the notice of violation is occurring; and

b. A copy of the notice of violation or notice of hearing, as appropriate, shall be published for at least three consecutive days in a newspaper of general circulation in the city. A copy of the notice of hearing shall be published at least five days prior to the date scheduled for the public hearing that is referenced in the notice of hearing.

3. The failure of any person or entity to receive a notice required and properly served, mailed, posted, or published under this chapter shall not affect the validity of any proceedings occurring under this chapter.

C. Hearing.

1. If the director of public works determines that the violation has not been eliminated by the deadline for compliance established pursuant to subsection A of this section, or that a violation has recurred prior to the compliance date, the director of public works will set the matter for a hearing before the city council pursuant to this chapter.

2. This hearing serves to provide a person or entity subject to a notice of violation a full opportunity to object to the determination that a violation has occurred, that the violation has continued to exist or has recurred and/or that the person or entity is responsible for creating, maintaining, or fostering the violation. The failure of any person or entity subject to a notice of violation to appear at the hearing shall constitute a failure to exhaust administrative remedies.

3. The city clerk shall cause a written notice of hearing before the city council to be served on each person and entity subject to the notice of violation.

D. Notice of Hearing. Each hearing shall be set for a date not less than 15 days nor more than 60 days from the date of the notice of hearing unless the violator consents to a shortening or extension of time or the city council determines that the matter is urgent or that good cause exists for an extension of time.

E. Conduct of Hearing.

1. At the date, time, and place set forth in the notice of hearing, the city council shall conduct a hearing on the notice of violation.

2. At the public hearing, the city council shall consider any written or oral evidence consistent with its rules and procedures regarding all of the following:

a. The notice of violation, including, without limitation, evidence submitted by persons subject to the notice of violation and by the city; and

b. The objectively reasonable efforts made by the person or entity subject to the notice of violation to comply with the notice of violation prior to the applicable compliance date; and

c. Any condition or situation beyond the control of the person or entity subject to the notice of violation that prevented compliance by the applicable deadline.

F. Findings and Order.

1. Within a reasonable period of time following the conclusion of the hearing, the city council shall make findings and issue a written determination in connection with the notice of violation.

2. The findings made by the city council shall be supported by the evidence received at the hearing or otherwise submitted to the city council in accordance with state law or this code.

3. If the city council finds by a preponderance of the evidence that a user has violated, or continues to violate, any provision of this chapter, a general or individual industrial wastewater discharge permit or order issued hereunder, or any pretreatment standard or requirement, the city council may, as a result of the hearing held pursuant to subsection E of this section, issue a compliance order containing the following:

a. Directive to the user responsible for the unauthorized discharge ordering him/her/it to comply immediately with all requirements and take such appropriate remedial or preventive actions to properly address a continuing or threatened violation;

b. Directive to the violator to cease activities causing or associated with the unauthorized discharge;

c. Requirements to address the noncompliance, including additional self-monitoring and management practices designed to eliminate, minimize, or prevent the continuation, exacerbation, or reoccurrence of the violation;

d. Deadline for compliance;

e. Directive for the immediate discontinuance of sewer service to the violating property and revocation of discharge permit or authorization for later discontinuance of service and revocation of permit if the violator fails to take all required actions by a deadline established by the city council;

f. Directive to the violator to pay an administrative penalty for each violation, with each penalty not to exceed the maximum allowed under state law;

g. Directive to the violator to pay reimbursement to the city for the city's administrative and legal fees and costs incurred as a result of the violation;

h. Other terms, conditions, and/or requirements that the city council finds reasonable; and/or

i. Authorization to city staff to take any other action that the city council finds reasonable.

4. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

5. Every person and entity subject to a compliance order shall observe and comply with such order and with all applicable laws, permits, and other approvals of federal, state, and local governments in any and all actions taken pursuant to or in order to comply with the compliance order, including, without limitation, the payment of applicable permit fees.

6. If the city council finds one or more of the following exists, then the city council shall issue a finding of those facts:

a. That a violation did not occur or recur at or on the subject property after the compliance date established through the notice of violation;

b. That the person or entity subject to the notice of violation took all objectively reasonable steps to comply with the notice of violation by the applicable compliance date; or

c. That some condition or situation beyond the control of the person or entity subject to the notice of violation prevented compliance prior to the compliance date.

G. Administrative Penalties.

1. When the city council finds that a user has violated, or continues to violate, any provision of this chapter, a general or individual industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city council may fine such user in an amount not to exceed the then-current maximum allowed by state law. Such penalties may be assessed on a per violation per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

2. Unpaid charges, fines and penalties shall, after 15 calendar days of the payment deadline identified in the compliance order, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of one and one-half percent per month on the unpaid fine; provided however, the additional penalty and/or interest shall not apply if collection of the same by the city would violate state law.

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

4. In determining the amount of a penalty, the city council may take any or all of the following factors into consideration:

a. The period of time during which the violation(s) occurred;

b. The nature, frequency, and recurrence of the violation(s);

c. The ease with which the violation(s) could have been abated;

d. The good faith efforts made to address the violation(s);

e. The economic impact of the penalty on the person/entity responsible for payment;

f. The impact of the violation on the public and/or property;

g. Such other factors as justice may require.

5. Penalties imposed by the city council may accrue from a date no earlier than the compliance date specified in the compliance order and shall cease to accrue on the date the compliance order has been complied with as determined by the director of public works or the city council.

6. Penalties assessed by the city council shall be due by the date specified in the compliance order.

7. Penalties assessed by the city council are a debt owed to the city and, in addition to all other means of enforcement, may be enforced and collected through the recording of a lien against the violating real property.

8. If a person or entity subject to the compliance order gives written notice to the director of public works that the terms of the compliance order have been satisfied and if the director of public works finds that compliance has occurred, the date that the written notice is postmarked or personally delivered to the director of public works or the date of the city's final inspection, whichever occurs first, shall be deemed to be the date of compliance.

H. Report of Compliance After Compliance Order. If the director of public works determines that a compliance order has been fully satisfied, the director of public works will file a report with the city clerk indicating that compliance has been achieved and the date of the city's final inspection.

I. Compliance Dispute.

1. If the director of public works does not file a report required by subsection H of this section, a person or entity subject to a compliance order who believes that compliance has been achieved may request a compliance hearing before the city council by filing for a hearing with the city clerk.

2. The hearing shall be noticed and conducted in the same manner as a hearing on a notice of violation.

3. The city council shall determine if compliance with the nuisance abatement order has been achieved and, if so, when it was achieved.

J. Right of Judicial Review. Any person or entity aggrieved by a compliance order may obtain review of such order in the superior court by filing with the court a petition for writ of mandate.

K. Lien Procedures.

1. Whenever the amount of a penalty, cost, or fee, including interest, imposed upon a violator by the city council pursuant to this chapter has not been satisfied in full within 90 days of an applicable due date and/or has not been successfully challenged, the obligation may constitute a lien against the real property at which the violation occurred or is occurring.

2. The lien provided herein shall have no force or effect until recorded with the county recorder. Once recorded, the lien shall have the force, effect, and priority of a judgment lien governed by the provisions of the California Code of Civil Procedure, as may be amended.

3. Interest shall accrue on the principal amount remaining unsatisfied pursuant to law at the rate set forth in subsection (G)(2) of this section.

4. Prior to recording any such lien, the director of finance shall prepare and file with the city clerk a written report stating the amounts due and owing.

5. The city clerk shall fix a time, date, and place for a hearing on such report and any protests or objections thereto. The city clerk will provide notice of such hearing to the owner of the subject real property in the manner described in subsection D of this section.

6. Any person or entity whose real property is subject to a lien may file a written protest with the city clerk and/or may protest verbally at the city council meeting at which the hearing on the lien occurs.

7. The city council will hold and conduct a public hearing at the time, date, and place set forth in the notice for such hearing.

8. The city council will hear and consider only testimony and other evidence that is relevant to the calculation of the amounts owed or to the proposed imposition of the lien, including without limitation:

a. The report of the finance director;

b. Objections or protests of property owners or other responsible or interested persons who may be held liable for the amounts owed;

c. Evidence on whether all procedures were properly followed by the city;

d. Evidence regarding the costs and fees incurred by the city in the matter; and

e. Evidence on whether the person before the city council is responsible for the amounts owed to the city.

9. The city council shall confirm, modify, or forego the lien as a result of the hearing. The city council's decision shall be based upon the preponderance of the evidence presented at the hearing.

10. The public hearing before the city council shall not serve as a re-hearing for persons who previously have been duly determined as responsible for fines, penalties, costs, and/or fees owed to the city. The validity of fines, penalties, costs, and fees need not be re-considered at the lien hearing, and the city council will not be required to receive evidence or testimony regarding the validity of fines, penalties, costs, or fees at such hearing.

11. Within 30 days of the city council's confirmation or modification of the lien amount, the city clerk will record the lien in the office of the county recorder for Kings County, California.

12. Once payment in full is received by the city for outstanding penalties, costs, fees, and interest, the city clerk will record a notice of satisfaction or provide the property owner of the subject property with a notice of satisfaction that may be recorded. Such notice of satisfaction shall cancel the city's lien.

L. Consent Orders. The director of public works may enter into consent orders, assurances of compliance, or other similar documents establishing a voluntary agreement with any user responsible for noncompliance. Such documents shall include the specific action to be taken by the user to correct the noncompliance within a time period specified in the document. Such documents shall have the same force and effect as a compliance order issued by the city council.

(Ord. 12-02, 2012)

A. A user who willfully or negligently violates any provision of this chapter, a general or individual industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor punishable pursuant to Section 19 of the California Penal Code, as may be amended.

B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a criminal fine and imprisonment as allowed under state law. This penalty shall be in addition to any civil or administrative remedy available under this code or state law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, general or individual industrial wastewater discharge permit or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall upon conviction, be punished by a fine and/or imprisonment as allowed under state law.

D. In the event of a second conviction, a user shall be punished by a fine and/or imprisonment as allowed under state law.

(Ord. 12-02, 2012)

A. When the director of public works finds the user has violated or continues to violate, any provision of this chapter, a wastewater discharge permit, an order issued hereunder, or any pretreatment standard or requirement, the director of public works may petition the Superior Court of Kings County, California, through the city's attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The director of public works may also pursue other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.

B. Nothing contained in this code shall preclude or limit the city from pursuing a civil action for damages against a person or entity that causes the city to incur injury, loss, costs, or expenses as a result of the person's or entity's violation of this chapter.

C. In addition to all other remedies, as part of any civil action brought by the city, a court may assess a civil penalty in an amount not to exceed the maximum allowed by state law per day for each violation with respect to any person or entity that violates this chapter, which penalty shall be payable to the city.

(Ord. 12-02, 2012)

A. Issuance of Citation.

1. Whenever the director of public works or his/her designee determines that a violation of a provision of this chapter has occurred, the director of public works or his/her designee shall have the authority to issue an administrative citation to any person or entity responsible for the violation.

2. Each administrative citation shall contain the following information:

a. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;

b. The address or a definite description of the location where the violation occurred;

c. The section of this code violated and a description of the violation;

d. The amount of the fine for the violation;

e. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

f. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

g. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

h. The name and signature of the individual issuing the citation.

B. Amount of Fines.

1. The amounts of the fines for code violations imposed pursuant to this section shall be set forth in a schedule of fines established by resolution of the city council.

2. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity.

C. Payment of Fines.

1. Fines shall be paid to the city within 30 days from the date of the administrative citation.

2. Any administrative citation fine paid shall be refunded if it is determined, after an appeal hearing, that a person or entity charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the citation.

3. Payment of a fine under this chapter shall not excuse, discharge, or permit any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

D. Hearing Request.

1. Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to the city within 30 days from the date of the administrative citation, together with an advance deposit of the fine.

2. A request for hearing form may be obtained from the department of public works.

3. The person or entity requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.

4. If the director of public works or his/her designee submits an additional written report concerning the administrative citation to the hearing body, then a copy of such report shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

E. Hearing Body. The city council shall serve as the hearing body for appeals regarding administrative citations issued under this chapter.

F. Hearing Procedure.

1. No hearing to contest an administrative citation shall be held unless the fine has been deposited with the city in advance.

2. A hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this section.

3. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

4. The failure of any recipient of an administrative citation to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust his/her/its/their administrative remedies.

5. The administrative citation and any additional report submitted by the director of public works or his/her designee shall constitute prima facie evidence of the respective facts contained in those documents.

6. The hearing body may continue the hearing and request additional information from the director of public works, his/her designee, or the recipient of the administrative citation prior to issuing a written decision.

G. Hearing Body's Decision.

1. After considering all of the testimony and evidence submitted at the hearing, the hearing body shall issue a written decision to uphold, modify, or cancel the administrative citation and shall list in the decision the reasons for the decision. The decision of the hearing body shall be final.

2. If the hearing body determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.

3. If the hearing body determines that the administration citation should be canceled, then the city shall promptly refund the amount of the deposited fine.

4. If the hearing body determines that the fine levied under the administration citation should be adjusted, then the city will promptly refund the amount of the deposited fine that exceeds the amount fixed by the hearing body or the recipient of the administrative citation will promptly pay to the city an additional amount fixed by the hearing body if the body finds the fine assessed under the administrative citation to be insufficient.

5. The recipient of the administrative citation shall be served with a copy of the hearing body's written decision.

H. Late Payment Charges. Any person or entity who fails to pay to the city any fine imposed pursuant to the provisions of this section on or before the date that the fine is due shall also be liable for the late payment charges described in Section 13.08.203(G) of this chapter.

I. Recovery of Administrative Citation Fines and Costs. The city may collect any past due administrative citation fine or late payment charge by use of all available legal means. Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation. Any partial payment of an obligation, when a partial payment is permitted, will be applied first to the principal amount of the underlying obligation, then to any penalties, and then to interest.

J. Right to Judicial Review. Any person or entity aggrieved by a decision of the hearing body on an administrative citation may obtain review of the decision by filing a petition for review with the Superior Court for Kings County, California in accordance with the timelines and provisions set forth in California Government Code 53069.4, as may be amended.

K. Notices. The administrative citation and all notices required to be given by this section shall be served on the responsible party by personal delivery thereof to the person or entity to be notified or by deposit in the United States mail, certified mail with return receipt requested, addressed to such person to be notified at his/her/its last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.

(Ord. 12-02, 2012)

Any person affected by any decision, action or determination by the director of public works, interpreting or implementing the provisions of this chapter, including, without limitation, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the city, may file with the city clerk, within 10 days of the date of service of such decision, action or determination, a notice of appeal to the city council appealing such decision, action or determination by the director of public works. The notice of appeal shall set forth in detail all facts supporting the industrial user's appeal of the decision of the director of public works. The filing of the notice of appeal shall not limit the authority of the director of public works to take such action as the director of public works deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter including, actions or directives to prevent or stop:

A. Threatened damage to the POTW, the sewer or the wastewater treatment plant;

B. A pass through; or

C. Threatened harm to the health or safety of the public.

(Ord. 12-02, 2012)

Upon an appeal brought to the city council by the notice of appeal, the city council shall set the matter for hearing and after said hearing may affirm, overrule or modify the decision, action or determination of the director of public works that is the subject of the appeal. The city council shall have the authority to uphold, modify, or reject the decision of the director of public works or the administrative citation at issue. An aggrieved user may seek judicial review of a city council decision, including, without limitation a council decision on an appeal, by filing a complaint with the Superior Court of Kings County, California during the period identified by California Code of Civil Procedure Section 1094.6, as may be amended. This section shall not apply to the appeal of administrative citations.

(Ord. 12-02, 2012)

The city council may, at its option, elect to petition the Superior Court of Kings County, California to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of 1285 through 1297.6, inclusive, of the California Code of Civil Procedure.

(Ord. 12-02, 2012)

In addition to any other remedy provided by law or in equity, including fines, revocation of permits or permanent disconnection, violation of any provisions of this chapter or order issued hereunder, an industrial wastewater discharge permit, or any other pretreatment standard or requirement of the city, the operation of any facility in violation of this chapter is hereby determined and declared to be a public nuisance and may be abated and/or enjoined pursuant to state law. The city may cause proceedings to be brought for the abatement and may recover reasonable attorney's fees, court costs and other expenses associated with such action.

(Ord. 12-02, 2012)

The city shall have the right to recover reasonable attorney's fees, court costs and other expenses associated with any and all of the enforcement activities identified in this chapter including sampling and monitoring expenses in addition to the amount assessed as damages to the city.

(Ord. 12-02, 2012)

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

(Ord. 12-02, 2012)

A. For purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to an action brought about for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section are met.

C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and the user can identify the causes of the upset;

2. The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

3. The user has submitted the following information to the wastewater superintendent within 24 hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five days]:

a. A description of the indirect discharge and cause of noncompliance;

b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated length of time the noncompliance is expected to continue; and

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment is reduced, lost, or fails at no fault of the user.

(Ord. 12-02, 2012)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Sections 13.08.050 and 13.08.060 through 13.08.068 of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference, or:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit immediately prior to, and during, the pass through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the user was regularly in compliance with its discharge order, and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. 12-02, 2012)

A. For purposes of this section:

1. Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

2. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial or permanent loss of natural resources which cannot reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if also for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections C and D of this section.

C. Bypass Notifications.

1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the wastewater superintendent at least 10 days before the date of the bypass, if possible.

2. A user shall submit oral notice to the wastewater superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. A written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The wastewater superintendent may waive the written notice on a case-by-case basis if the oral report has been received within 24 hours.

D. Bypass.

1. Bypass is prohibited, and the wastewater superintendent may take enforcement action against a user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

c. The user submitted notices as required under subsection C of this section.

2. The wastewater superintendent may approve an anticipated bypass, after considering its adverse effects, if the wastewater superintendent determines that it will meet the three conditions listed in subsection (D)(1) of this section.

(Ord. 12-02, 2012)

If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

(Ord. 12-02, 2012)