Isleton Municipal Code Ch. 9.12 Discharge of Sewage

Unless the context specifically indicates otherwise, the meanings and terms as used in this chapter shall be as follows:

A. BOD (denoting biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade.

B. C.O.D. (denoting chemical oxygen demand). The oxygen consumed or the determination of the oxidizable organic load, of wastes containing certain toxic substances, as established by standard laboratory procedure.

C. City limits. The city limits of the City of Isleton.

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

E. Customer. The owner or agent of the owner of the property receiving sewer service.

F. Date of presentment. The date on which a bill or notice is mailed or delivered.

G. Domestic sewage. All liquid or water-carried wastes discharged into the sewer system from premises containing a dwelling unit or units and devoted to residential purposes.

H. Dwelling unit. A room or rooms with kitchen facilities occupied or intended for occupancy as separate living quarters for the family or group of persons living together or by a person living alone. Dwelling unit includes a house trailer.

I. Flat-rate service. Provision of sewer service for unmeasured quantities for a fixed periodic charge.

J. Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

K. Hotel, motel and boarding house. 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.

L. Industrial sewage. All liquid or water-carried waste resulting from a manufacturing or processing operation employed in commercial or industrial establishment, including washing, cleaning or draining water from such process or any air conditioning or refrigeration process.

M. Metered service. Provision of sewer service for measured quantities for a periodic charge based on the quantity discharged.

N. Person. Any individual, firm, company, association, society, partnership, corporation, organization or group.

O. Premises. Lot, piece or parcel of land which is improved or any building, structure or establishment to which sewage service is or will be provided.

P. Private facilities. Private facilities are those facilities which are designed for and utilized primarily by the occupant of the premises in which they are situated and/or its employees.

Q. Properly shredded garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried feely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

R. Public facilities. Public facilities are those facilities which are designed for and utilized by customers of the occupant of the premiums and/or the general public, such as restaurants, cocktail lounges, service stations, laundromats and schools.

S. pH. The logarithm of the reciprocal of the hydrogen-ion concentration in grams per liter of solution.

T. Service connection. The pipe collection by means of which sewage is conducted from the premises to the sewer.

U. Sewage. Water-carried wastes discharged into the sewer system.

V. Sewer. A pipe or conduit for carrying sewage.

W. Sewer system. All facilities for collection, pumping, treating and disposing of the water-carried wastes.

X. Slug. Any discharge of water, sewage, or industrial waste, which in 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.

Y. Superintendent. The person charged by the city council with the operation of the city sewage system.

Z. Suspended solids. Solids that either float on the surface of or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtration, expressed in milligrams per liter.

No person shall discharge or cause to be discharged into the sewer system any of the following waters, wastes or substances:

A. No stormwater, surface water, ground water, subsurface water or roof runoff.

B. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

C. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create a public nuisance, including but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer.

D. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

E. Solids or viscous substances in quantities or 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, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

F. Any liquid or vapor having a temperature higher than 140 degrees Fahrenheit.

G. Any garbage what has not been properly shredded.

Substances: No person shall discharge or cause to be discharged to a public sewer any of the following described substances, materials, waters, or wastes without first obtaining a written permit issued by superintendent pursuant to this chapter. The substances prohibited are:

A. Any water or waste which contains more than 200 milligrams 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:

1. 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

2. 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

3. The waste waters are transportable in the sewers without causing obstructions to flow.

B. Any waters or wastes containing strong acid iron pickling wastes, or concentrate plating solutions whether neutralized or not.

C. 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 requirement of the state, federal, or other public agencies having jurisdiction over such discharge.

D. 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, to meet the requirements of the state, federal, or other public agencies having jurisdiction.

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

F. Any waters or wastes having a pH in excess of 9.5.

G. Materials which exert or cause in sewers or sewage treatment plants:

1. 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.

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

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

H. 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.

I. 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.

J. 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 only to such degree that the sewage treatment plan effluent cannot meet the discharge requirements of other governmental agencies having jurisdiction.

The 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 person who proposes to discharge into the public sewers any waters or wastes containing the substances or possessing the characteristics enumerated in section 9.12.030 described above, shall make written application to the superintendent for a permit authorizing said discharge. The application shall be made on a form provided for by the superintendent and shall contain such information as the superintendent deems necessary to evaluate the effect of the proposed discharge upon the sewage works, processes, equipment and the ability of the city to meet the discharge requirements of other governmental agencies having jurisdiction. Except as otherwise provided herein, applications shall be filed not later than 45 days prior to the date upon which the discharge shall first occur.

A. The 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 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.

B. 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:

1. Pretreatment of the proposed discharge to an acceptable condition for discharge to the public sewers, or

2. Control by the discharger over the quantities, qualities and rates of his discharge, or

3. 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 sections 9.12.080 through 9.12.120 of this chapter.

4. Payment to the city of additional charges to cover the added costs of periodic sampling and monitoring of the quantities, qualities and rates of discharge.

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.

All permits issued under this section shall be valid for a period of not to exceed one year from date of issuance unless sooner revoked as provided herein. Applications for a renewal of a permit shall be filed in the same manner and within the same time periods as provided for on initial applications for a permit. Any permit issued pursuant to this chapter may be revoked by the superintendent for any of the following grounds:

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

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

No permit shall be revoked by the superintendent until he has notified the permittees in writing of his intent to do so and has afforded the permittee the opportunity to appear before him within a reasonable period of time to show cause why the permit should not be revoked.

Any person dissatisfied with any action of the superintendent may appeal therefrom to the city council. The appeal is taken by filing a notice of appeal with the city clerk within ten days after the giving of the notice of action by the superintendent. Upon receipt of the notice of appeal, the city council shall hold a public hearing thereon and cause a copy of the notice of hearing to be served upon the appellant at least ten days prior to the date of the hearing.

The sewage service charges provide for herein shall go into effect commencing with the 1974-75 governmental year.

Domestic sewage shall be charged on a flat rate basis and effective January 1, 1990, the monthly service charges shall be as follows:

A. Residential. For each single-family residence, and for each dwelling unit in a multiple-family residence or trailer park, $16.70 per month.

B. Hotel or motel. For each fixture in or upon such premises, the following rates per fixture per month:

1. Floor drain .....$1.65

2. Wash basin .....1.65

3. Toilet .....1.65

4. Tub or shower .....1.65

5. Urinals-flush .....1.65

6. Urinals-continuous .....1.65

Commercial sewage shall be charged on a flat rate basis effective January 1, 1990, the monthly service charge shall be based upon the fixtures in or upon such premises at the following rate per fixture per month:

Boarding houses are considered as commercial sewage with private facilities.

For air conditioning and refrigeration systems installed in premises discharging commercial sewage, the following service charges apply for each unit.

A. Refrigeration system: with water conservation device per compressor horsepower .....$1.65

B. Refrigeration system: without water conservation device, per compressor horsepower .....5.05

All conditioning system: The following charges for the months of May through September of each year:

A. With water conservation device, per ton of system capacity .....$1.65

B. Without water conservation device, per ton of system capacity .....5.05

Industrial sewage shall be charged on a metered basis, based upon the recorded gallonage obtained from a meter installed and maintained at the expense of the owner or occupant of the premises. The service charge shall be established by the city council by a four-fifths vote of its members and in establishing such charge, the city council shall take into account the volume of flow, the substances, materials, waters or wastes being discharged, the percentage of plant capacity being utilized and such other factors as are required by state, federal or other governmental agencies having jurisdiction.

In fixing the amount of the service charge for industrial sewage, the city council may also make provisions for the treatment of substances which are otherwise prohibited (other than storm water) and/or the treatment of substances which are regulated under section 9.12.030 hereof, and in connection therewith, fix the terms and conditions governing such treatment. Any such action by the city council in connection with the treatment of regulated discharges shall be tantamount to a permit therefore and shall obviate the necessity for such industrial user to obtain a permit from the superintendent pursuant to section 9.12.030 of this chapter. The amounts, terms and conditions of the service charge, the treatment of substances which are otherwise prohibited under section 9.12.020 hereof and/or the treatment of substances which are regulated under section 9.12.030 hereof, shall be set forth in a written agreement between the city and the industrial discharger.

A. Where more than one type of sewage is discharged from a premises, the charge shall be the combined rates provided for herein.

B. The superintendent shall fix rates for those account and special usages not readily susceptible to classification under the rates established by this chapter. In fixing such rates, the superintendent shall be governed by the rates provided by this chapter and other accounts and usages of a similar sewage producing capacity. Any person aggrieved by such determination may appeal such action to the city council. The procedure for appeal shall be the same as provided in section 9.12.070 of this chapter.

The city council by a four-fifths vote of its members, may enter into written agreements providing for sewer services for premises outside the city limits, which discharge sewage by any means into the sewer system of the city and prescribe fees and charges for such service. The service charge shall be established by the city council and in establishing such charge, the city council shall take into account the volume of flow, the substances, materials, waters or wastes being discharged, the percentage of plant capacity being utilized, the amount which premises located within the city of a similar sewage producing capacity would have to pay for the retirement of the sewer system indebtedness, and such other factors as required by state, federal, or other governmental agencies having jurisdiction. The provisions of this chapter relating to prohibited discharges, regulated discharges, collection of service charges and the enforcement of said chapter, shall apply to premises outside the city limits which discharge sewage into the sewer system of the city, and any written agreements entered into by the city for the providing of sewer service to said premises shall expressly so provide.

A. Method of billing. Effective July 1, 2002, the service charge for all sewage shall be billed semiannually in advance.

B. When due. Service charges are due and payable upon the date of presentment and shall become delinquent 45 days thereafter.

C. Penalty and interest. Any service charge which is not paid before delinquency shall be subject to a basis penalty of ten percent plus interest at the rate of 1.5 percent per month for each month or portion of a month from the date of delinquency to the date of payment.

D. Liability for service charge. It is hereby found and determined that the discharge of sewage from premises into the sewage system benefits the owner of such premises and such owner is hereby made liable for the payment of the service charge provided for herein. Upon the request of an owner, service charges shall be billed to the occupants or persons in possession, charge, or control of the premises, provided that such billing procedure shall not affect the owner's liability hereunder.

E. Collection of service charge.

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

2. The city council, by ordinance or resolution adopted by a two-thirds vote of its members may elect to have service charges collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separately from its general taxes, in accordance with section 5473 of the California Health and Safety Code. The procedure authorized by this subsection shall be an alternative to subsection 1 above.

3. The collection procedures authorized herein shall not prohibit the city council from adopting such other and further means of collection as may be authorized by the laws of the state.

F. Charges a lien. Service charges which remain delinquent for a period of 60 days shall constitute a lien against the premises from which the sewage originates. Said lien shall be imposed and shall have the same force, effect and priority as provided for in section 5473.11 of the California Health and Safety Code, provided that in addition to the procedure provided for therein, the city council prior to 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 property against which charges are delinquent.

G. Use of revenue. All funds received from service charges imposed by this chapter shall be used for the operation and maintenance of the sewer system, the replacement thereof and the retirement of any indebtedness arising from the construction of said sewer system and for no other purposes.

A. Permits. No connection shall be made to a sewer or to the sewer system without first obtaining a permit from the superintendent or his authorized representative. No permit shall be issued by the superintendent until he has approved the plans for such connection to ensure that the same has been properly designed. The connections shall be made to the nearest sewer, which in the opinion of the superintendent, has the capacity to carry the sewage to be generated from the premises. The connection shall be made under the supervision and to the satisfaction of the superintendent. All expenses for labor and materials utilized in connecting the sewer, including the pipe through which sewage is transported from the premises to the sewer, shall be paid by the customer.

B. Connection fee. The fee for issuance of a sewer connection permit is established in accordance with the following schedule:

1. Residential uses. The fees for each lot or parcel devoted to residential use shall be:

i. Single family dwellings, mobile homes on a permanent foundation outside a mobile home park, duplexes and condominiums, per unit .....$998.00

ii. Apartment houses containing three or more living units, per unit .....450.00

iii. Mobile home parks, per unit .....450.00

iv. Recreational vehicle parks for each pad having a connection to the sewer system and for each common lavatory facility or sewer dump station, per pad or facility .....450.00

v. Hotels and motels, per room .....450.00

2. Business uses. The fee for each connection to a building or structure devoted to commercial, office or industrial use shall be based upon the gross floor area of the building or structure at the rate of $0.20 per square feet.

3. Institutional uses. Hospitals, nursing homes, convalescent homes, rooming and boarding houses and schools shall be charged at the rate applicable to business uses.

4. Other uses.

i. Churches and appurtenant structures, lodges and meeting halls shall be charged at the rate applicable to single family dwellings.

ii. For other uses for which no fee is established, the fees shall be set by the superintendent based upon comparable uses.

5. Mixed or changed uses. If any lot or parcel is utilized for more than one type of use and such uses are served by the same sewer connection, the fee shall be the combined amount for each use. In the event of any change in use of any building or structure (in whole or part) which does not involve a new sewer connection, the connection fee shall be the difference, if any, between the connection fee established by this chapter for the former use and the fee established by this chapter for the new use. The connection fee shall be paid prior to the issuance of the connection permit. In the event a building permit is required for any building or structure for which a connection permit is sought, no building permit will be issued until the connection fee is paid. In addition to the connection fee, the superintendent shall collect the service charge which shall be computed at the rate herein provided for the class of user based upon the number of months which will elapse before the beginning of the next billing period. If a sewer connection is made without having first obtained a permit therefore, the charge for both the service and the connection will nevertheless be due and payable from the date such connection is made.

C. Inspection fee. In addition to the connection fee established, the sum of $75.00 shall be added to each permit to cover the cost of reviewing plans and supervising the installation of sewer connection.

D. Wastewater capital reserve fund. There is hereby established the wastewater capital reserve fund. All connection fees collected pursuant to B above shall be deposited in said fund. The money deposited in said fund shall be expended only for the repair, replacement, preservation, expansion and improvement of treatment works.

E. Enforcement. It is hereby declared that the discharge or causing to be discharged of sewage without a permit constitutes a public nuisance and may be retrained by any court of competent jurisdiction.

In addition to all of the remedies provided in this chapter, the city attorney, in the name of and on behalf of the city and the people of the state, may institute appropriate actions or procedures in a court of competent jurisdiction or restrain or abate any such violation.

All additions to or extensions of existing sewers, and all new sewers shall be laid to a grade established by the city engineer and shall be of such size and design as determined by the city engineer and no such sewer shall be constructed unless and until the plans and specifications for the construction of the same shall have been approved in writing by the city engineer.

In the administration and enforcement of this chapter, the superintendent and other duly authorized employees of the city shall have authority to enter any premises for the purpose of investigation and inspection, provided, however that the above referred to right of entry shall be exercised only during daylight hours and provided further, that no dwelling shall be entered without the consent of the occupant, unless a 24-hour notice of intention to enter shall have been served upon such occupant. No person shall refuse to permit any inspection after service of such notice.

In the event of a violation of any laws of the state, the ordinances of the city, or other governmental agencies having jurisdiction, the city council may initiate proceedings and/or prosecutions in accordance with section 5460 et seq. of the California Health and Safety Code.