Isleton Municipal Code Ch. 9.04 Rules and Regulations for Sewer Service to Customers

The purpose of this chapter is to establish requirements for the city sewage system and for discharges into such system. It may be referred to in other ordinances or resolutions of the city council as the City of Isleton Sewer Ordinance. Unless otherwise defined in this chapter or by use intended to have a different meaning, certain terms and phrases used in this chapter are defined as follows:

A. Applicant means an individual or agency applying for sewer utility service.

B. BOD means the biochemical oxygen demand determined in accordance with standard analytical procedures, five days at 20 degrees Celsius.

C. Building inspector means the building inspector of the city or such other person as may be designated by the building inspector to perform the service or make the determinations permitted or required in this city to be made by the building inspector.

D. Building sewer means a sewer line on private property conveying waste from the building(s) of a customer to the service lateral in the public right-of-way.

E. Capacity charge means a charge which is part of a connection fee for facilities in existence at the time a charge is imposed or charges for new facilities to be constructed in the future that are of benefit to the person or property being charged.

F. City engineer means the registered professional engineer retained by the city council to advise the council on engineering matters.

G. City sewer ordinance means this chapter as it may be amended from time to time.

H. City sewer rate ordinance means the ordinance adopted by the city council from time to time pursuant to this chapter in which rates and charges provided for in this chapter are established.

I. City limits means the limits of the City of Isleton.

J. COD means the chemical oxygen demand as determined in accordance with standard analytical procedures.

K. Commercial sewage means all liquids or water-carried wastes discharged into the sewage system from premises engaged in a business, trade, or professional activity. This term includes office buildings, schools, churches and governmental facilities and all other sewage not herein defined as "domestic industrial" sewage.

L. Connection fee means a one-time charge for new connections to the city's sewage system that may include both a permit fee, a facilities fee and a capacity charge.

M. Cross-connection means any unprotected connection between any part of a water system used or intended to supply potable water and any source or system containing non-potable water or other substances that are not safe or cannot be approved as safe, wholesome, and potable for human consumption.

N. Customer means any individual, business or agency of record, who discharges, causes or permits the discharge of waste into the sewage system.

O. Developer means a person or corporation requesting sewer service from the city regardless of the number of services.

P. Domestic sewage means the waterborne wastes derived from the ordinary living processes, free from industrial wastes, which contain human excreta or normal animal or vegetable household wastes and is of such character that it will permit satisfactory disposal into the public domestic sewer system without specialized pretreatment.

Q. Discharge permit means a permit issued by the city allowing discharges into its sewer system.

R. Domestic sewage system means that portion of the city's facility for the collection, storage, treatment and disposal of domestic sewage.

S. Dwelling unit means a structure containing one or more rooms, with kitchens facilities, occupied or intended for occupancy as separate living quarters for a family or group of persons living together or by a separate person living alone. Dwelling units include single-family residence, duplex, triplex, etc., apartment, mobile home or house trailer.

T. EDU means the level of service provided to a typical residential dwelling unit, or equivalent dwelling unit.

U. Employee means any person designated by the city council of the city or its public works superintendent to perform work or labor for the sewer system, excluding contractors and their employees.

V. Facilities fee means a fee for the physical facilities necessary to make a water connection or sewer connection, including, but not limited to, meters, meter boxes, and pipelines from the structure or project to a water distribution line or sewer main, and that does not exceed the estimated reasonable cost of labor and materials for installation of those facilities.

W. Finance director means the finance director of the city appointed by the city council or his or her designated representatives.

X. Fixture unit means the quantity of sewage produced by different kinds of plumbing.

Y. Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage and sale of produce.

Z. Grease trap means a device designed to retain grease and prevent it from entering the sewage system.

AA. Health department means the State of California Department of Health.

BB. Hotel, motel and boarding house means a building containing two or more living quarters designated primarily for occupancy by individuals who are lodged with or without meals, and in which no facilities are provided for cooking in any individual room or suite. Discharges from such buildings are to be considered commercial sewage.

CC. Industrial sewage means the waterborne wastes from any production, manufacturing, or processing operation of whatever nature, including institutional and commercial operations, where water is used for the removal of significant quantities of waste other than for human habitation of premises connected to the public industrial sewage system.

DD. Lot means a parcel of land consistent of one or more contiguous lots of record in one ownership.

EE. Main(s) means the pipelines, manholes, and appurtenances, located in streets highways, public ways, or public utility easements which are used to serve the general public.

FF. MGD means million gallons per day.

GG. Permit fee means a fee that may be part of a connection fee intended to reimburse the city for its administrative expenses in processing a permit required by this chapter.

HH. Person means any natural person, individual, firm, partnership, association, corporation, trust, the state and the United States of America and all political subdivisions, special districts and governmental agencies thereof except the city, acting solely or as an agent for another.

II. pH means the logarithm of the reciprocal of the hydrogen-ion activity in moles per liter solution as measured by standard analytical procedures.

JJ. Premises means a parcel or parcels of real estate or portion thereof including any improvements thereon which is determined by the city to be single customer for purposes of receiving, using or paying for sewer service.

KK. Private sewer means a sewer line on private property conveying waste from more than one structure or connection on a premise to a service lateral or city main on the public right-of-way.

LL. Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow condition normally prevailing in public sewers, with no particles greater than 1.25 centimeters in any dimension.

MM. Public facilities means those facilities which are designed for and utilized by customers of the occupant of the premises and/or the general public, such as restaurants, cocktail lounges, laundromats and schools.

NN. Public works superintendent means the officer, employee or agent of the city designated by the city council to be responsible for the operation of the sewer system.

OO. Rental unit means any building or portion thereof that can be used as a completely independent unit.

PP. Sanitary sewage means waste discharging into the city's sewage system and which contains human excreta or normal animal or vegetable household waste.

QQ. Septic system means a system consisting of a septic tank and leach field or seepage pit designed for the treatment and disposal of wastes.

RR. Service lateral means a sewer line that receives sewage from the building sewer and discharges it into a sewer main.

SS. Sewage system means the city's facilities for the collection, storage, treatment, and disposal of domestic and industrial wastes, including monitoring, sampling, metering, and other devices and appurtenances.

TT. Sewer main means a sewer lines receiving sewage from one or more sewer laterals and conveying sewage to the treatment plant.

UU. Sewer service means discharge or authority to discharge into the sewage system.

VV. Slug means any discharge of water, sewage, or liquid waste, in which concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.

WW. SS means suspended solids, which are that portion of non-settled residue present in sewage that is retained on a filter as, measured in accordance with standard analytical procedures and expressed in milligrams per liter.

XX. Standards means the standard plans, details, and specifications prepared by the city engineer and adopted by the city.

YY. Subdivider means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others; except that employees and consultants of such persons or entities acting in such capacity are not subdividers.

ZZ. Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a parcel or as contiguous parcels.

AAA. Superintendent means the public works superintendent of the city or such other person, including but not limited to the plant operator, as may be designated by the public works superintendent to perform the services or make the determinations permitted or required in this chapter to be made by the public works superintendent.

BBB. TDS means the residue upon evaporation of all water after filtration as determined in accordance with standard analytical procedures.

CCC. Treatment plan means the sewage treatment plant owned and operated by the city.

DDD. Utility means the public utility or publicly owned utility named herein.

The city owns and operates the public sewer system for the use and benefit of the residents of the city. Private sewer systems, septic tanks and septic systems, etc. are prohibited within the city.

The management, control, and care of the city sewer system shall be vested in the city council and administered by the public works superintendent, and the city engineer.

The city shall own and operate the sewer system serving designated areas within and without the corporate limits of the city and may purchase existing systems or construct new works as may be necessary.

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the city has reasonable cause to believe that there exists in any building or upon any premises, any condition which violates this chapter, city employees may enter such building or premises at all reasonable times to inspect same or to perform any duty imposed by this chapter; provided that if such building or premises is occupied, the city employee shall first present proper credentials and request entry; and if such building or premises is unoccupied, the city shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the city shall have recourse to every remedy by law to secure entry.

When the city shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the city employees for the purpose of inspection, examination, or repair pursuant to this chapter. Any person violating this subsection shall be guilty of a misdemeanor.

Any person, including public entity, who damages any city sewer line or appurtenant facility, shall immediately report the location and extent of the damage to the city. The city shall thereupon repair the damage and charge the costs of such repair to the person or utility that caused the damage.

The following acts shall be prohibited:

A. No person shall make a connection to the system without first obtaining a permit from the city.

B. No person shall after any conduit, pipe, or other fixture connecting with city mains, or to connect pipes when they have been disconnected.

C. No person shall discharge or throw any substance or material into a manhole, or into other openings in the city sewage system other than through an approved sewer connection.

D. No unauthorized person shall interfere with the sewage system or any portion thereof or interfere with wastewater treatment processes.

E. No person shall knowingly make any false statement, representation, record, report, plan or other document filed with, or taken by, the city.

Any person violating the provisions of this chapter is guilty of a misdemeanor as defined by the California Penal Code and is subject to such penalties for violation thereof as may be generally provided in said Penal Code.

Any person who intentionally violates any provision of this chapter, including the requirements or conditions set forth in permits duly issued pursuant to this chapter, or who discharges waste which causes pollution, or exceeds the effluent limitation, national standards of performance, pretreatment or toxicity standards, shall be liable to the city for civil penalties imposed by the city on account of such violations. The civil liabilities may be in a sum not to exceed $10,000.00 for each day in which such violation occurs or continues. The city may petition the superior court to enforce and recover such sums. In determining such amount, the city shall take into account all relevant circumstances, including, but not limited to the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, corrective action, if any, and fines and penalties imposed by the city, other county, state, or federal agencies.

In order to enforce the provisions of this chapter, the city may correct any violations of this chapter. The cost of such correction, including legal fees, may be added to any sewer service charge payable by the person violating this chapter, and the city shall have all the remedies for the collection of such costs as it has for the collection of sewer service charges. The city may also petition the superior court for the issuance of a preliminary or permanent injunction or both, as may be appropriate, restraining any person from continued violation of this chapter.

Every person who proposes to apply for sewer service from, discharge into, or make modification to an existing discharge into the city's sewage system any waters or wastes shall make a written application to the city for a permit authorizing said action. Each person making application for sewer service shall either be the owner of the real property to be served or shall be authorized by the owner to make such application using an authorization form provided by the city and in which the owner agrees that it will remain financially responsible for sewer service provided to the property.

Any person desiring a permit for any of the purposes enumerated herein shall make an application in writing to the city clerk, giving such information as the city clerk may require, on the forms to be furnished for that purpose.

The application for a permit shall include the following:

A. Name and address of applicant and his interest in the property.

B. Name and address of owner of the property.

C. Description of property or premises to be served.

D. Assessors parcel number of the property to be served.

E. Proposed location of connection.

F. Character of wastes proposed to be discharged.

G. Estimated volume of wastes to be discharged.

H. Such other information as may be deemed necessary by the public works superintendent or the city engineer in order to process the application.

Applications shall be made for service planning, plan checking, construction inspection, discharge and disconnections or other actions, as the city may deem necessary.

All new developments greater than two lots, commercial or industrial uses shall apply for a service planning permit at the time the development is submitted to the city for planning review. The developer of said development shall provide the city with information regarding the volume and composition of sewage production from the development, as the city deems appropriate. The city shall evaluate the proposed development and its impact on the city's sewer system and make conditions of approval as part of the development approval processes.

Plans for all sewer facilities which are to be constructed within the public right-of-way or easements, dedicated to the city, or operated and maintained by the as part of the city's sewer system are subject to checking and inspection to verify that the design and construction of such facilities conforms to the city standards.

Every person who proposed to discharge into the city's sewage system any waters or wastes shall make a written application to the city for a permit authorizing said discharge.

Applications shall be filed not later than 60 days prior to the date upon which the discharge shall first occur.

Upon receipt of an application for discharge of domestic sewage from a single lot or parcel, and if it appears therefrom that the discharge to be made thereunder is to be done in accordance with the regulations contained in this chapter and city standards, and as otherwise provided by law governing the construction of said connection, a permit shall be issued upon payment of plan checking and inspection charges, discharge permit charges, new customer deposit, connection capacity charges, and/or other such charges are set by the ordinance of the city.

Upon receipt of an application for discharge of commercial or industrial sewage herein, the city shall make such investigation, as it deems necessary. The city council will approve the issuance of a permit if it finds that:

A. The city has sufficient unused capacity for the disposition of these wastes.

B. The character of the wastes proposed to be discharged by the applicant's such that they can successfully be treated in the city's sewage system;

C. Such waste will not result in damage to the sewage system.

D. Charges for plan checking and inspection, discharge permit changes, new customer deposit, connection capacity charges and/or other such charges are set by the ordinance of the city have been paid.

The city council, in its discretion, and toward the end of fulfilling the intent and purposes of this chapter, may grant an application in part only and may prescribe conditions with respect to discharge or such wastes into such sewage system and/or city waste pipelines, and may require pretreatment thereof by applicants, the maintenance of individual treatment equipment, to collect waste products and/or may require the construction and use of tanks designed to equalize flow and reduce peak flow.

Persons wishing to discontinue service from the city sewage system shall make a written application to the city for a permit authorizing said disconnect. Each person making application to discontinue service shall either be the owner of the real property to be served or shall be authorized by the owner to make such application using and authorization form provided by the city and in which the owner agrees that it will remain financially responsible for sewer service provided to the property to the time when service is discontinued.

No permit for discontinuation of service shall be granted unless it can be demonstrated that the premises from which said service originated has been demolished and that no new improvements are likely to be constructed on the property in the future, or the parcel has been merged with an adjacent parcel and sewer service will be provided through the other parcel's service connect, or a new service is to be constructed at an alternate location.

All permits issued under this chapter shall be valid for one year from the date of issuance unless sooner revoked as provided herein. Applications for renewal of permits which have expired or been revoked shall be filed in the same manner, within the same time periods, and with the same fees as provided for as if they are an initial applications for a permit.

The public works superintendent shall not grant a permit if it appears likely in his opinion that the proposed discharge could harm either the sewers, sewage treatment process, or equipment or jeopardize the ability of the city to meet the discharge requirements made applicable thereto by other governmental agencies having jurisdiction, could otherwise endanger life, limb, public property, or constitute a public or private nuisance, or if the application therefore does not contain sufficient data to enable reasonable evaluation of said factors.

In forming his opinion as to the acceptability of the proposed discharge, the public works superintendent shall give consideration to such factors as the quantities of the subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of the discharge in the treatment plant and other pertinent factors.

The superintendent shall act upon the application within 30 days of its receipt in his office. He shall either approve, conditionally approve or deny the issuance of a permit. The superintendent may condition the issuance of the permit upon any or all of the following:

A. Pretreatment of the proposed discharge to an acceptable condition discharge to the public sewers;

B. Control by the discharger over the quantities, qualities and rates of his discharge;

C. Payment to the city of additional charges to cover the added costs of handling the treatment of the proposed discharge not covered by sewer service charges imposed by this chapter;

D. Payment to the city of additional charges to cover the added costs of periodic sampling and monitoring of the quantities, qualities and rate of discharge;

E. Notice of the action by the superintendent on each application shall be given in writing to the applicant within seven days from the date of determination.

Any permit issued pursuant to this chapter may be revoked for any of the following grounds:

A. The failure of the permittee to comply with the terms and condition of the permit;

B. Filing false or misleading information;

C. The failure of the permittee to pay when due any additional charges as a condition of the issuance of the permit.

No permit will be revoked until the city has notified the permittee in writing as to its intent to do so and afforded the permittee the opportunity to appear before the city council within a reasonable time to show cause why the permit should not be revoked.

Any person wishing to appeal the revocation of a permit may do so by filing an application to appear before the city council within ten days after receiving notification from the city of its intent to revoke said permit.

A. No person shall discharge or cause to be discharged to any public or private sewer which directly or indirectly connects to the city sewer system any waste or other substance or material into the sewage system which, either alone or by interaction with other substances or material, causes, threatens to cause, or is capable of causing:

1. Danger to life or safety of any person or to the facilities of the sewage system.

2. Nuisances such as odors.

3. Unreasonable collection, treatment or disposal costs.

4. Interference with the wastewater treatment process.

B. No person shall discharge or cause to be discharged to any public or private sewer that directly or indirectly connects to the city sewer system any of the following wastes or substances:

1. Discharge from any plumbing fixture that continuously uses water, such as a urinal.

2. Rain water, storm runoff, ground water, subsurface runoff, street drainage, surface runoff, yard drainage, or roof run off.

3. Discharge from evaporative type air coolers, cooling towers, air conditioners or refrigeration units.

4. Waters or wastes containing toxic or poisonous solids, liquids, or gasses in sufficient quantity, singly or by interaction with other wastes, injure or interfere with any sewage treatment process, constitutes a hazard to humans or animals or creates a public nuisance.

5. Solids or viscous substances in quantities of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as, but not limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper products (dishes and cups, milk containers, etc.) either whole or ground by garbage grinders.

6. Any household food wastes that are not properly ground or shredded.

7. Gasoline, benzene, naphtha, fuel oil, motor oil, or other flammable or explosive liquid, solid, or gas.

8. Any liquid having a temperature higher than 60 degrees Celsius.

9. Waters or wastes having pH lower than 5.5 or higher than 9.5, or having any other corrosive property capable of causing danger or hazard to structures and personnel of the sewage works.

C. No person shall discharge or cause to be discharged to any public or private sewer which directly or indirectly connects to the city sewer system any of the following described wastes without first obtaining a discharge permit issued by the city pursuant to this chapter. The substances prohibited are:

1. Any water or waste, which contains more than 200 milligram per liter of fat, oil, or grease. The limitation of hexane soluble materials shall not apply to those waste waters from industries processing fats and oils of vegetable or animal origin for which the industry involved supplies at its own expense, satisfactory evidence that (a) the hexane soluble materials are degraded and removed by treatment processes paralleling those used by the city to the same extent that the other organic matter present in normal sanitary sewage is degraded and removed and (b) the hexane soluble materials do not persist through the treatment process in such concentrations that their contribution will be significant in the final effluent, and (c) the waste waters are transportable in the sewers without causing obstructions to flow.

2. Any toxic or other waste which, in the opinion of the city engineer, may have an adverse or harmful effect on the sewers, maintenance personnel, wastewater treatment plant and equipment, treatment plan effluent quality, public or private property, or may otherwise endanger the public, the local environment, or create a public nuisance.

3. Waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

4. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works that will collectively result in a violation of the requirements of the state, federal, or other public agencies having jurisdiction over such discharge.

5. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage meet the requirements of the state, federal, or other public agencies having jurisdiction.

6. Any radioactive wastes or isotopes of such half-life concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

7. Unusual concentrations of inert suspended solids (such as, but not limited to Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in excess of 1,000 milligrams per liter.

8. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

9. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

10. Any continuous discharge of waste into sewers during an eight-hour period when said waste has an average of BOD in excess of 300 milligrams per liter or average COD in excess of 450 milligrams per liter.

11. Any discharge of waste from a single customer during a 24-hour period, measured from 12:00 a.m., which produces BOD, expressed in terms of pounds, in excess of 58 pounds.

12. Waters or wastes of such quantities or such qualities that they are not amenable to treatment or reduction by sewage treatment processes employed, or are amenable to treatment or reduction by sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plan effluent cannot meet the discharge requirements of other governmental agencies having jurisdiction.

The public works superintendent shall reject for treatment all the above enumerated substances, materials, water or wastes unless a permit authorizing said discharge has first been obtained as provided in this chapter and forthwith cause the disconnection from the system of any connection from which said discharge originates until a permit is issued as provided hereunder or the discharger satisfactorily assures the superintendent that said discharge will not be resumed following the reconnection of sewer service. Notice of the proposed disconnection of service shall be given to the customer at least 72 hours prior to the physical cessation of service.

Every customer shall be deemed to have expressed his consent to be bound to the terms and provisions of this chapter as adopted and as may be amended at a later date.

When the sewer mains are in place or within a reasonable distance from a particular parcel, the city will furnish sewer service from such line to the back of the curbline, if the sewer line is located in the street; or to the back of the sidewalk, if a sidewalk is in place (except when there is a parkway between the curb and sidewalk); or to the property line, if the sewer line is located in an easement, or alley.

Sewer service will not be furnished where there are defective or leaking faucets, closets, or other fixtures, or where there are sewer closets or urinals without self-closing valves, and when such may be discovered, the service may be shut off until such deficiencies are corrected. Sewer service will not be furnished to parcels that have septic systems until the septic system is properly abandoned and demolished.

No customer using city sewer, shall supply any other premises with such sewer or allow any other person to connect to the sewer customer's service connection or permit a further connection to be made to the sewer customer's system which would serve any other premises, without written authorization by the city. The city shall have the right, upon five days' written notice, to disconnect water and sewer service to the premises supplying the unauthorized service.

The city shall have the right, to enter into a contract to provide sewer service to areas outside the city limits provided that all conditions be met as if the area were inside the city, and the city council, by a four-fifths vote, shall approve the service.

All sewer charges fees, and deposits shall be paid at the time service is requested. No building, plumbing, or electrical permit shall be issued until said sewer charges, fees, and deposits are paid.

It is hereby found that the discharge of sewage from any premises into the sewage system benefits the owner of such premises and such owner is hereby made primarily liable for the payment of the regular service charges provided for herein.

Notwithstanding the foregoing, the owner of a residential unit which has its own separate sewer service may notify the city finance director, in writing under penalty of perjury and on a form provided by the city finance director, that the owner desires the service charges for the premises to be sent to the occupants or persons in possession, charge, or control of the premises if said occupants or person make application to the city requesting that sewer service be provided to the premises.

In said written form, the owner shall agree to be responsible for the payment of charges provided to the premises in the event that the occupants or persons in possession, charge or control of the premises fail to make application to the city requesting that sewer service be provided to the premises or, if they have done so, fail to pay the service charges when due.

Applicants for sewer service other than owners may be required by the finance director to provide a security deposit with the city as a precondition to the city allowing said persons to receive and pay the sewer service charges. The amount of the security deposit required of the occupants or persons in possession, charge, or control of the premises, who are requesting continuance of the sewer service shall be reasonably determined by the finance director based upon the credit worthiness of the occupant or persons in possession, charge, or control of the premises, residential unit who is seeking to continue sewer service to the residential until, but not greater than the maximum for such deposits as may be specified by ordinance of the city or laws of the state. The security deposit must be paid in full to the finance director no later than seven days before the date when sewer service to the occupants or persons in possession, charge, or control of the premises is to commence. The city council may by resolution, establish standards to be followed by the finance director in determining the credit worthiness of applicants for new sewer service.

If more than one customer is served from one service lateral, the owner of the property or his agent shall be required to sign for and guarantee payment for sewer service threat, and the owner shall be liable for all sewer served through such connection.

Each charge levied by or pursuant to this chapter or the city sewer rate ordinance shall constitute a lien against the lot or parcel of land that received the benefit of the service or facility for which the charge is imposed if such charges remain delinquent for a period of 120 days; provided, however, that if the owner has given the city notice that is desires the city to bill the occupants or persons in possession, charge, or control of the premises for sewer service as provided in this chapter, then the amount billed to the occupants or persons in possession, charge, or control of the premises which are delinquent shall not be included within the amount of any lien imposed upon the property.

Said lien shall be imposed and shall have the same force and effect of priority as provided for in section 54373.11 of the California Health and Safety Code, provided that in addition to the procedures provided for therein, the city council, prior to the recordation of notice of lien, shall hold a public hearing for the purpose of imposing said lien and shall give ten days' written notice of its intention to impose the same to each owner of the property against which charges are delinquent.

The city council, by ordinance adopted by a four-fifths vote may elect to have service charges which remain delinquent on June 30 of each year collected at the same time and in the same manner as general municipal taxes, in accordance with section 5470 et seq. of the California Health and Safety Code.

The city council may direct the city attorney to collect charges by the use of all appropriate legal remedies.

All pipelines, service laterals, manholes, lift stations, and appurtenant facilities constructed in or under city streets, easements, or alleys shall become the property of the city upon completion of the installation, and upon final inspection and approval of the facilities by the city engineer and public works superintendent and acceptance by the city council.

A. Private sewer laterals not part of public sewer system. The private sewer laterals are the property of the property owner and are not part of the public sewer. Nothing in this section shall be interpreted as changing the private nature of the private sewer laterals or incorporating them into the public sewer.

B. Property owner's obligation. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral so that it does not cause or contribute to any sewage overflow from either the private sewer lateral or the public sewer. The private sewer lateral shall be free of displaced joints, open joint, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposit or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer.

(Ord. No. 2021-003, § 3, 5-11-2021)

The city shall be deemed to have a prescriptive right to occupy and use an area 20 feet in width, centered on the public sewer facilities, where they cross private property, whether a utility easement has been granted to the city or not.

When a new line is to be constructed across private property to serve one or more parcels of land, a recorded utility easement shall be granted to the city; and the easement, line, size, and installation shall be approved by the city engineer and the public works superintendent.

The city shall have the right at any time to shut off, or limit sewer service, in the event of an emergency, or for making repairs, modifications, changes, or other work on city sewer facilities or when otherwise authorized to do so under the provisions of this chapter.

Access to service laterals, clean outs, manholes, etc. shall be provided for the city at all times.

All onsite and offsite sewer lines, connections, plumbing and accessory sewer facilities shall be constructed and installed at the customer's expense. All such facilities shall be constructed in accordance with city standards and shall be approved by the city prior to sewer service activation.

In the case that the sewer main to which a private sewer lateral is connecting is not located in front of the property to be connected, and the property owner(s) must install a sewer lateral over an exceptional distance, the property owner(s) may make an appeal to city council to enter into a reimbursement agreement for a portion of the cost of installation. Under such a reimbursement agreement, the property owner(s) shall still be responsible for maintenance and repair of the whole length of the sewer lateral.

(Ord. No. 2021-003, § 3, 5-11-2021)

Note— Ord. No 2021-003, § 3, adopted May 11, 2021, repealed the former § 9.04.370 which pertained to customer facilities—installation of new plumbing, and derived from the original codification.

The customer shall be responsible for maintaining all pipes and plumbing fixtures on the customer's premises in good working order. Pipes shall include the clean out, building sewer, and associated piping. Fixtures shall include, but not be limited to, sinks, basins, toilets, urinals, grease/oil traps, etc.

Grease/oil traps shall be inspected and maintained at minimum once each year. If the city discovers that grease/oil is being passed through the trap, inspections that are more frequent and additional maintenance may be required.

The city shall not be liable for any damage to the property of the customer of others caused by broken, damaged, or leaky fixtures or piping upon the premises of the customer. The city shall in no case be liable for damages caused by sewage running from open fixtures in or on premises to which sewer services has been provided whether or not such are caused by blockages of the public sewer or not.

A. All design and construction of sewer lines and appurtenances shall conform to the standards of the city and meet with the approval of the city engineer.

B. Construction plans, specifications and calculations for all on-site and off-site sewer piping in proposed developments and subdivisions shall be submitted to the city for checking and approval by the city engineer and public works superintendent prior to construction.

C. Construction of all sewers shall be subject to the inspection and approval of the city engineer and public works superintendent.

Any new development or subdivision that requests sewer service from the city sewer system shall, at the developer's expense, design, install and construct the necessary main lines, man holes, laterals, service connections, and appurtenances in accordance with city standards. The mains shall extend to the farthest limits of the development or subdivision as required by city standards or by the city engineer.

A. The amounts of all charges provided for herein shall be established on a monthly basis (even if billed bimonthly) by the city sewer rate ordinance approved by four-fifths of the members of the city council. Fees and charges imposed by the city sewer rate ordinance shall include, but not be limited to the following:

B. Sewer service planning charge:

1. The sewer service planning charge is to reimburse the city for administrative legal, engineering and regulatory expenses in evaluating the impact a proposed development may have on the city's sewer collection and treatment systems and to establish conditions under which such development may be allowed to proceed.

2. The sewer service planning charge is to be collected with each application for approval of a development or subdivision and is to be set by the city council on a case by case basis by minute order or resolution adopted by the city council.

3. Sewer service planning charges are to be deposited in the sewer operation and maintenance account.

C. Plan checking charge:

1. The plan checking charge is to reimburse the city for administrative, legal, engineering and regulatory expenses to review and check the construction plans and specifications of sewer facilities to be installed as part of a proposed development to verify that such charge meets city standards.

2. The plan checking charge shall consist of an application processing charge and a plan checking charge. The plan checking charge is to be collected with each application for permit to construct sewer facilities.

3. Plan checking charges are to be deposited in the sewer operation and maintenance account.

D. Discharge permit charge:

1. The discharge permit charge is to reimburse the city for administrative, legal, engineering and regulatory expenses to verify the nature and quantity of a proposed discharge, to verify that the city's system can accommodate such discharge, and to issue a permit to connect to the city's system and make such discharge.

2. The discharge permit charge is to be collected with each application for discharge permit.

3. Discharge permit charges are to be deposited in the sewer operation and maintenance account.

E. Connection capacity charge:

1. The connection capacity charge represents the proposed connection's pro-rata share of the cost of the sewer system facilities that are in place at the time the connection is made. The charge shall be based on the quantity of discharge from the proposed connection as it relates to the total capacity of the sewer system.

2. The connection capacity charge is to be collected at the time a permit to construct sewer facilities is issued. (Connection capacity charges shall be paid either at time of application for a connection or prior to the connection of service, or both, as provided by ordinance of the city council.)

3. Connection capacity charges are to be deposited in the sewer capital improvement account.

F. Construction inspection charge:

1. The construction inspection charge is to reimburse the city for administrative, legal, engineering, inspection, and testing expenses incurred during the construction of sewer facilities for a development to verify that such construction meets city standards.

2. The construction inspection charge is to be collected at the time a permit to construct sewer facilities is issued.

3. Construction inspection charges are to be deposited in the sewer operation and maintenance account.

G. Disconnect fee:

1. The disconnect fee is to reimburse the city for administrative, legal, engineering, regulatory and construction expenses incurred to physically disconnect a user from the sewer system.

2. The disconnect fee is to be collected with each application for approval disconnection from the city's system.

3. Disconnect fees are to be deposited in the sewer operation and maintenance account.

H. New or reconnected customer deposit:

1. Every new customer or reconnected customer shall post a deposit not greater than three months billing for the class of service they intend to use. The amount to be provided by the customer shall be determined by the finance director based upon the credit worthiness of the customer.

2. The new customer deposit shall be deposited and held in the sewer operation and maintenance account.

3. If after one year of service, the customer has paid all monthly charges on time and incurred no late fees or interest charges, the deposit shall be credited against future monthly charges.

4. If the customer has incurred late fees and penalties, the deposit shall be held until such time as the customer has one year of on-time payments and then the deposit shall be credited against future monthly charges.

5. If a customer who has no funds on deposit with the city incurs late fees and penalties for two successive billing periods, the finance director may require the customer to post a new or initial security deposit with the city as a precondition of the city continuing to provide sewer service to the premises for which the bills were rendered and, in such event, said new or initial deposit shall be subject to the provisions of this section.

I. Monthly sewer service charge:

1. The monthly sewer service charge (even if billed bimonthly) is to reimburse the city for routine expenses incurred in the operation sewer system and shall include debit service, sinking fund, and operating and maintenance elements.

2. The monthly sewer service charges for domestic sewer service shall be on a fee rate based on the occupancy type of the dwelling unit.

3. The monthly sewer service charges for commercial sewage shall be based on the average amount of water consumed during the months of November, December, and January, as recorded on the utility company water meter for the parcel as compared to a dwelling unit. The minimum charge shall be equivalent to one EDU.

4. The monthly charges for industrial sewage shall be based on the recorded gallonage obtained by a meter installed and maintained at the expense of the owner or occupant of the premises. Charges shall take into account the volume and the characteristics of wastes being discharged, plant capacity utilized to treat the wastes, and other such factors as are required by state, federal or other governmental agencies having jurisdiction.

5. The monthly sewer service charge for temporary sewer service shall be 1½ times the charge for domestic sewer service.

6. Monthly sewer service charges are to be deposited in the sewer debit service facilities replacement sinking fund, and sewer operation and maintenance accounts according to the allocation ratio adopted by the city council.

J. Payment of sewer charges:

1. The finance director shall render bills for sewer services on a bimonthly basis.

2. Bills and are due and payable on the date of the bill and shall become delinquent 35 days thereafter.

3. Any bill which is not paid in full on or before the delinquent date shall be subject to a ten percent delinquency penalty plus interest at the rate of one percent per month of the unpaid balance (not including the delinquency penalty) for each month or portion thereof from the date of delinquency to the date of payment.

4. All charges and penalties that are not paid shall become a lien on the property except as is otherwise provided in this chapter.

K. Use of revenues: The city finance director shall collect all moneys that shall become due to the city for sewer service planning charges, plan checking charges, discharge permit charges, connection capacity charges, inspection charges, disconnection charges, new customer deposits, and all other costs, charges, penalties, and fees as provided herein and shall pay them into the city treasury and account for them in the same manner as the city pays into the city treasury and accounts for all other sums received in his official capacity.

All funds received from charges imposed by this chapter or the city sewer rate ordinance shall be placed in special sewer funds to be known as the sewer enterprise fund and shall be segregated into the following accounts:

1. Operation and maintenance account;

2. Debit service account;

3. Facilities replacement sinking fund account;

4. Capital improvement account; and

5. Capacity charges account.

The sewer operation and maintenance account shall receive moneys collected from service planning charges, plan checking charges, discharge permit charges, inspection charges, disconnection charges and the operation and maintenance portion of the monthly service charges, and shall thereafter expend such moneys for the routine operation and maintenance, including management, administration and engineering of the sewer system.

The sewer debit service account shall receive moneys collected from the debit service portion of the monthly service charges and shall thereafter expend such moneys to repay principal and interest on bonds issued for the construction or reconstruction of such system, and to repay federal, state or commercial loans made to the city for the construction or reconstruction of said sewage system.

The sewer facilities replacement sinking account shall receive moneys collected from the sinking fund portion of the monthly service charges and shall thereafter expend such moneys for the reconstruction and replacement of elements of the sewer system at the end of their useful life.

The sewer capital improvement account shall receive moneys collected from connection capacity charges and shall thereafter expend such moneys for the acquisition of land and/or easements, to pay for oversizing of developer funded facilities, new construction and expansion of the city's sewage system.

L. Restrictions upon use of sewer capacity charges: The city shall account for the charges placed in the sewer capital improvement account in a manner to avoid any commingling with other moneys of the city in the sewer enterprise fund or the city treasury, except for investments, and shall expend those charges solely for the purposes for which the capacity charges were collected. Any interest income earned from the investment of moneys in the sewer capacity charges account shall be deposited in that account.

The city shall make available to the public, within 180 days after the last day of each fiscal year, the following information for that fiscal year relating to the sewer capital improvement account:

1. A description of the charges deposited in the account.

2. The beginning and ending balance of the account and the interest earned from investment of moneys in the fund.

3. The amount of charges collected in that fiscal year.

4. An identification of all of the following:

a. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used.

b. Each public improvement on which charges were expended that was completed during that fiscal year.

c. Each public improvement that is anticipated to be undertaken in the following fiscal year.

5. A description of each interfund transfer or loan made from the account. The information provided, in the case of an interfund transfer, shall identify the public improvement on which the transferred moneys are, or will be, expended. The information, in the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan.

6. The information required pursuant to subparagraph 4, above, may be included in the local agency's annual financial report.

7. The requirements set forth above for deposit, use and account for capacity charges do not apply to any of the following:

a. Moneys received to construct public facilities pursuant to a contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to section 66003 of the California Government Code.

b. Capacity charges that are used to pay existing debt service or which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected.

c. Capacity charges collected on or before December 31, 1998.

M. Failure to pay fees and charges: The failure to pay any fee or charge pursuant to a duly adopted city sewer rate ordinance shall constitute a violation of this chapter, and shall be subject to fines and penalties set forth in this chapter.