Kingsburg Municipal Code Ch. 13.08 Sewer Service System

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as defined in the latest edition of the American Society of Civil Engineers' Manual of Engineering Practice No. 37, and the latest edition of the Standard Methods for the Examination of Water and Sewage, published by the American Public Health Association.

The meaning of additional terms as used in this chapter shall be as follows:

"Applicant" means any person, group of persons or entity who applies for sewer service.

"Business" means all commercial uses, retail uses, industrial uses, professional offices and home occupations.

"City" means the city of Kingsburg and its authorized representatives acting within the scope of their assigned duties.

"City council" means the city council of the city of Kingsburg.

"City sewerage system" or "sewer system" means all facilities for collecting and transporting sanitary or industrial wastes of any nature, including all such facilities both inside and outside the city limits owned by the city and operated and maintained by the district.

"Commercial garbage grinder" means a mechanical unit for pulverizing large quantities of waste by a commercial user.

"Completion" means acceptance, in writing, by the city engineer of an addition to the city sewerage system.

"Connected" means the physical joinder of any plumbing or drainage system or fixture contained in structure to a sewer line.

"Customer" means any person, entity or governmental agency served by the city through the sewer system.

"District" means the Selma-Kingsburg-Fowler County sanitation district.

"Dwelling" or "dwelling unit" means a room or group of rooms which is occupied by one family for living and sleeping purposes, including, without limitation, a single-family residence, mobilehome unit, multi-family unit, apartment, townhouse, flat or condominium.

"Fee schedule" means the fee schedule as adopted from time to time by the city council by resolution whether separately or as part of a master fee schedule in a master fee resolution.

"Infiltration" means the water entering a sewer system, including sewer service connections, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include and is distinguished from inflow.

"Infiltration/inflow" means the total quantity of water from both infiltration and inflow without distinguishing the source.

"Inflow" means the water discharged into a sewer system, including service connections, from such sources as, but not limited to, roofs, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters, or drainage. Inflow does not include and is distinguished from infiltration.

"Lot" means any premises, piece or parcel of land or property, as bounded, defined or shown upon the latest map, plat or deed recorded in the office of the recorder of the county; provided, however, that in the event any building or improvements appurtenant to said building covers more area than a "lot," as herein defined, the term "lot" shall be deemed to be and include all such pieces or parcels of land upon which said building or improvements are wholly or partly located.

"Person" means any individual, firm, company, association, society, municipality, private corporation, institution, enterprise, governmental agency, or other entity.

"Sewage" means sewage as defined under the ordinances, resolutions and regulations of the district.

"Sewer connection fees" is the "connection charge" which may be applicable to any lot, but does not include those applicable fees charged by district.

"Unit," "equivalent single-family unit" or "equivalent single-family residence" are synonymous terms that mean a residential service unit as defined by the district for office, commercial, industrial, institutional, or similar uses.

(Added during 5-08 supplement)

The city has by written agreement designated the district to control the right to physically connect with the sewer system of the city and for laying laterals therefrom upon payment of applicable fees to the city and the district. The infiltration/inflow limit for all connections to the sewer system shall be as determined by the district. Applicant shall perform tests as required by the district to guarantee that inflow/infiltration does not exceed the limit as prescribed by the district. Copies of any such tests shall be filed with the city.

(Added during 5-08 supplement)

No connection shall be made to the sewer system until all required permits therefore has been obtained from the city and the district. The city shall not issue a building permit until all required sewer connection permits have been issued by the city and the district.

(Added during 5-08 supplement)

A. No connection to the sewer system shall be made unless the following charges, when applicable, have been paid:

1. Sewer Connection Fee.

a. For each new connection to the sewer system there shall be a charge ("sewer connection charge") as set forth in the master fee resolution or by separate resolution of the city. Payment to the city of the sewer connection fee or any other fees identified in this chapter or credits against payment of said fees granted by the city shall in no way limit, abrogate or relieve any obligation to pay any fees required by the district.

b. When the new connection is to an existing building sewer for which a sewer connection fee has been previously paid to the city, a credit equal to the amount of the previous sewer connection fee shall be made in determining the amount of the sewer connection fee to be paid. However, if the existing building is zoned to allow the existing building to be used for industrial uses, and the sewer service for the building has been disconnected for the previous twelve (12) calendar months or the building is being used for an industrial use different from the previous industrial use of the building, the city engineer will review the new industrial use to determine what credit, if any, is applicable. All such credits will be at the current sewer connection fee rate.

B. When land is subdivided, the owner, prior to the time the final subdivision map or parcel map is approved, shall pay or cause to be paid all applicable sewer connection fees. However, with the approval of the city engineer, which approval may be withheld in the sole and absolute discretion of the city engineer, the sewer connection fees applicable to a subdivision may be deferred and paid on a per lot basis at the time of issuance of a building permit for any structure to be constructed on a lot. Sewer connection fees applicable to existing structures will be paid at the time of issuance of building permit.

C. Payment of sewer connection fees does not authorize any person to perform or cause to be performed any work to the sewer system to be performed by the city or the district.

(Added during 5-08 supplement)

The amount of any sewer connection fees or other amounts to be paid to the city as required pursuant to the provisions of this chapter shall be deemed a debt owing to the city which, until paid, shall be a continuing obligation of the owner of the property for which the charge was incurred. Any person who makes a connection to the sewer system without having paid all such charges in full shall be liable to the city for payment of the full amount of such charges.

(Added during 5-08 supplement)

Whenever a person is required, as a condition of approval of a development project to construct and install a sewer line which is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development project ("oversized sewer lines") and when such construction and installation is necessary to ensure efficient and timely construction of the sewer line, the city shall provide a credit against the sewer connection fee applicable to that development, that portion of the cost of construction and installation of the oversized sewer lines resulting solely from the required oversizing ("credit amount"). If the credit amount is in excess of the sewer connection fee payable by that development the city shall issue a reimbursement agreement. The procedures and process for determining the credit amount and the provisions of the reimbursement agreement shall be established by city council resolution. Only sewer lines larger than six inches in internal diameter shall be considered oversized. However, if the person installing the oversized sewer line requires a sewer line larger than six inches for its own purposes, the oversized sewer line will be the size required to serve the development.

(Added during 5-08 supplement)

Connections made to the sewer system and laterals therefrom shall be made in accordance with the standard specifications of the district. Any person discharging into, or proposing to discharge into the sewer system, shall comply with the ordinances, policies, standards and regulations of the district (collectively "district ordinances"). In the event of any conflict between this chapter and the district ordinances, the district ordinances shall control.

(Added during 5-08 supplement)

Any person desiring to make an addition to the sewer system shall comply with all applicable city ordinances, policies, standards and regulations and the district ordinances.

(Added during 5-08 supplement)

A. It is unlawful for any person to cause, suffer or permit the discharge of sewage, including, without limitation, human excrement or other liquid wastes in any place or manner except to the sewer system. It is unlawful for any person to construct within the city any privy, privy vaults, septic tank, cesspool or other facility designed or intended to be utilized for the disposal of sewage (collectively "private sewage disposal facility").

B. Any existing private sewage disposal facility, working properly, may be used and pumped. However, repairs, additions or alterations to an existing private sewage disposal facility is prohibited. At the time a repair, addition or alteration is required, the private sewage disposal system shall be abandoned and the property owner must connect to the sewer system. If a property using an existing private sewage disposal facility is located within two hundred (200) feet of the sewer system and is not connected to the sewer system, the property must connect to the sewer system upon the occurrence of any of the following: building additions or modifications requiring a building permit; changes in the use of the property; or a change in ownership of the property. Prior to connection to the sewer system, the owner must pay all fees and charges of the district and the city sewer connection fee which are in effect at the time of issuance of the sewer connection permit.

(Added during 5-08 supplement)

No person shall discharge or cause, allow or permit to be discharged into the sewer system, any substance/material prohibited by the district or the city.

(Added during 5-08 supplement)

If required by the district or the city, grease, oil and sand interceptors shall be installed by a user of the sewer system in accordance with district ordinances.

(Added during 5-08 supplement)

No person shall discharge, into the sewer system, any water that is included in the definition of inflow. Swimming pool water shall not be drained or discharged into the sewer system without the prior approval of the district.

(Added during 5-08 supplement)

A. The district is hereby authorized to enforce all of the provisions of this chapter. The provisions of this chapter shall be applicable to any building, structure or property connected to the sewer system, whether the same is owned, operated or controlled by a private party or by a public or quasi-public agency, corporation or association. Nothing in this chapter shall preclude or restrict the district, either concurrently with the city or independently from the city, from enforcing the district's ordinances at the district's sole discretion. Upon request by district, enforcement will be deferred to district on any of the matters identified in this chapter excepting those matters solely related to the city, e.g., city sewer connection fees.

B. In addition to such other penalties or remedies as may be prescribed for a violation of this chapter, whenever the district determines that a discharge of sewage has taken place in violation of any district ordinances or this chapter, or any effluent limitations or pretreatment standards promulgated by the district or any action resulting in a violation of the agreements between the city and the district, the district may require the violator to submit for the district's approval a detailed time schedule of specific actions which the violator shall take in order to prevent or correct such violation. Any failure to comply with such an approved time schedule shall likewise be deemed a violation of this chapter.

C. Any person affected by any decision, action or determination by the city, interpreting or implementing the provisions of this chapter, may file with the city clerk, within ten (10) days of the date of such decision, action or determination, a notice of appeal to the city council appealing such decision, action or determination. The notice of appeal shall set forth in detail all facts supporting the appeal. The filing of the notice of appeal shall stay all further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the city council on the appeal; provided, however, that nothing stated herein shall limit the authority of the district or the city to take such action or to make such directives as the district or the city deem necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter including, actions or directives to prevent or stop threatened harm to the health or safety of the public. Such action shall include, without limitation, continuing to physically block the violator's access to the sewer system until the appeal is heard and decided by the city council. Upon an appeal brought to the city council by the notice of appeal, the city council shall set the matter for hearing and after said hearing may affirm, overrule or modify the decision, action or determination of the city, which is the subject of the appeal. The city council shall have the further authority to condition any penalties imposed or the corrective action required or to reduce or increase the penalties imposed. Failure of the violator to comply with the city council's decision or to make arrangements for compliance satisfactory to the district and the city within ten (10) days after the date of the city council's decision shall result in the termination of the violator's right to discharge into the sewer system.

(Added during 5-08 supplement)

The city and the district shall have the right to enter upon the premises of any person at reasonable hours to inspect and to determine whether this chapter is being violated by such person.

(Added during 5-08 supplement)

Any person found in violation of any provision of this chapter shall be served by the district or the city, if applicable, with written notice stating the nature of the violation and providing a time period for correction thereof. The time period allowed for correction of the violation and whether the violation has been properly corrected during the time period shall be determined by the district or the city, if applicable. The violator shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held responsible for any and all acts of agents, employees or contractors who violate any provision of this chapter.

(Added during 5-08 supplement)

Should the violator fail to correct the violation identified in the notice of violation within the time period specified in the notice of violation, the district or the city shall have the power to disconnect the violator's property from the sewer system. Upon disconnection, the district or the city shall estimate the cost of disconnection from and reconnection to the sewer system and such violator shall deposit with the city, such cost, as estimated, before such violator is reconnected to the sewer system. The district or the city shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.

(Added during 5-08 supplement)

Continued habitation of any building or structure or continued operation of any industrial facility while in violation of this chapter, is hereby declared to be a public nuisance. The district or the city may initiate proceedings to abate the occupancy of the building or operation of industrial facility during the period of such violation.

(Added during 5-08 supplement)

During any period of disconnection, habitation of any building or structure or operation of any industrial facility shall constitute a public nuisance, whereupon the district or the city shall initiate proceedings to abate the occupancy of said building or structure or the operation in any industrial building during the period of disconnection. In such event, and as a condition of reconnection, there is to be paid to the city reasonable attorney's fee and cost of suit arising in said action.

(Added during 5-08 supplement)

Any person violating any provision of this chapter shall be liable to the district and the city for any expense, loss, damage and attorney fees incurred by the district or the city by reason of such violation.

(Added during 5-08 supplement)

No person shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer system.

(Added during 5-08 supplement)

Any user violating any provision of this chapter or any discharge requirements issued by the city or the district shall pay the actual cost for labor, material and supplies necessary to correct the discharge violation and shall pay an administrative cost as determined by the district or city.

(Added during 5-08 supplement)