Kern County Municipal Code Art. III General Provisions

Except as otherwise provided herein, the chief engineer shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the chief engineer may be delegated by the chief engineer to persons acting in the beneficial interest of or in the employ of the districts.

(Prior code § 3911.2.01)

A. Any act or omission which this chapter declares to be a violation constitutes a misdemeanor, punishable according to Section 4766 of the Health and Safety Code of the State of California, by a fine not to exceed one thousand dollars ($1,000.00), imprisonment not to exceed thirty (30) days, or both; and each day during which such violation continues constitutes a separate offense.

B. In addition, any person who intentionally or negligently violates any provisions of this chapter pertaining to the subject matter of either subparagraphs (1) or (2) of this subsection or any condition or limitation of a permit or plan approval related thereto is in violation of this chapter and such violation is cause for revocation of a permit:

1. The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works or its proper and efficient operation and maintenance;

2. The prevention of the entry of such wastewater into the collecting system and treatment works.

C. Any act or omission which is contrary to any condition or limitation of a permit or plan approval issued pursuant to this chapter constitutes a violation of this chapter.

(Prior code § 3911.2.02)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.

(Prior code § 3911.2.03)

A. Unless otherwise provided herein, any notice required to be given by the chief engineer under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the chief engineer. Where the address is unknown, service may be made upon the owner of record of the property upon which the alleged violation occurred.

B. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

(Prior code § 3911.2.04)

Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the chief engineer.

(Prior code § 3911.2.05)

A. Adequate identification shall be provided by the chief engineer 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.

B. Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the districts' sewerage systems may be made by the chief engineer as he deems necessary. These facilities shall include but not be limited to sewers; sewage pumping plants; pollution control plants; all industrial processes; industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers; and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.

C. Authorized personnel of the districts shall be provided immediate access to all of the above facilities or to other facilities directly or indirectly connected to the districts' sewerage systems at all reasonable times, including those occasioned by emergency conditions. A requirement for the issuance of an industrial waste permit as set forth in Sections 14.24.690 and 14.24.700 of this chapter is that the permit holder consent to inspection of the discharger's facilities at reasonable times by districts' personnel or representatives. 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 chief engineer and shall not be replaced.

D. No person shall interfere with, delay, resist or refuse entrance to an authorized district's inspector attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the districts' sewerage systems. Failure to allow timely access to these facilities constitutes a violation of this chapter.

(Prior code § 3911.2.06)

The chief engineer shall keep a permanent and accurate record of all fees and charges received under this chapter, containing the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid.

(Prior code § 3911.2.07)

Unless otherwise provided in this chapter, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the chief engineer shall make such determinations in accordance with established estimating practices.

(Prior code § 3911.2.08)

A. The chief engineer will approve the plans for sewerage construction or issue a permit for industrial wastewater discharge or any other permit under this chapter only if it appears to the chief engineer that the sewerage construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this chapter.

B. If requested to do so, the chief engineer will issue a certificate indicating satisfactory completion of required work, when all work required by the approved plans or permit has been completed and approved by districts' inspectors.

C. All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate.

D. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter.

(Prior code § 3911.2.09)

A. Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger adversely affected by any decision, action or determination made by or on behalf of the districts by the chief engineer in interpreting or implementing the provisions of this chapter or any permit issued pursuant hereto, may file with the districts a written request for reconsideration. Such requests shall be received within one (1) year of the date of occurrence of the action in dispute. Such request shall be acted upon by the chief engineer within forty-five (45) days from the date of filing. If the chief engineer fails to act within forty-five (45) days the request shall be deemed to be denied.

B. If the ruling made by the chief engineer is unsatisfactory to the person requesting reconsideration, the person may make a written appeal to the board of directors within forty-five (45) days after notice of the action taken by the chief engineer by filing the same with the chief engineer.

C. The written appeal shall be accompanied by a fee in the amount of thirty dollars ($30.00). Within forty-five (45) days after the written appeal is filed, the board of directors shall hold a hearing on the appeal. In case of any hearing provided in this chapter, the applicant, permit holder, discharger or appellant may appear in person or through counsel, and the district may appear through the chief engineer or any of his deputies or through counsel; and either side shall be entitled to present evidence and cross-examine witnesses. Notice of the hearing shall be given in accordance with Section 14.24.500 at least fifteen (15) days prior to the date of hearing.

D. Within forty-five (45) days after the hearing is closed, said board shall make a final ruling on the appeal. No decision, action or determination of the chief engineer shall be stayed by any procedure authorized by this section.

(Prior code § 3911.2.10)

The districts, by ordinance, shall annually establish fees and charges for sewage services provided by the district, based upon cost influencing factors such as flow and pollutant mass emission rates and volumes, and the degree of effort required for purposes of billing, inspection, monitoring and administration.

(Prior code § 3911.2.11)

A. Charges, under Section 14.24.770, entitled "Industrial wastewater treatment surcharge," of this chapter shall be established by self-monitoring procedures performed by the industrial discharger in accordance with Section 14.24.800 and are due and payable on July 1st following such fiscal year ending June 30th during which the charges were accrued. Unpaid charges under Section 14.24.770 shall become delinquent after September 15th following the end of the fiscal year.

B. All other fees and charges imposed under the provisions of this chapter are due and payable upon serving a notice of charges. Any notice of charges may be served by first class mail. Unpaid charges shall become delinquent forty-five (45) days after mailing or personally serving the notice of charges.

C. A basic penalty charge of five percent (5%) of the original unpaid amount shall be added to any fee or charge or industrial wastewater surcharge that becomes delinquent. After one hundred twenty (120) days beyond the date payments become delinquent, if any portion of the original amount remains unpaid, an additional five percent (5%) penalty shall be imposed thereon. Interest at the rate of one-half (½) percent (0.5%) per month shall accrue on the total of all delinquent fees, charges or industrial wastewater surcharges plus all penalty charges.

(Prior code § 3911.2.12)

All persons discharging industrial wastewater directly or indirectly to the districts' sewerage systems prior to the effective date of the ordinance from which this chapter derives are granted temporary authority to discharge industrial wastewaters. This temporary authority shall expire on July 1, 1979 unless prior to that date the discharger has filed an application for a permit for industrial wastewater discharge pursuant to Sections 14.24.690 and 14.24.700 of this chapter. In such case, this temporary authority shall expire on the date the permit for industrial wastewater discharge is issued. Any person discharging pursuant to the temporary authority provided for hereby is subject to all the provisions of this chapter and such authority may be suspended or revoked in accordance with the terms and procedures set forth in Sections 14.24.720 and 14.24.730 of this chapter.

(Prior code § 3911.2.13)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure. equipment or appurtenance which is a part of the districts' sewerage systems is a violation of this chapter.

(Prior code § 3911.2.14)