Lakeport Municipal Code Art. II Regulations

Wastewater may be discharged into public sewers for collection, treatment, and disposal by the CLMSD; provided, that such wastewater discharge is in compliance with this chapter and/or conditions of any wastewater discharge permit; and further provided, that the user pays all applicable CLMSD sewer fees and charges including any penalties or charges assessed under this chapter.

(Ord. 872 § 3.1, 2008)

No user shall contribute or cause to be contributed any pollutant or wastewater which causes pass-through or interference. These general prohibitions and the specific prohibitions contained in this chapter apply to each user introducing pollutants into CLMSD facilities whether or not the user is subject to national pretreatment standards or any other national, state, or CLMSD pretreatment standards or requirements.

(Ord. 872 § 3.2, 2008)

A user may not discharge, or cause to be discharged, wastewater into any CLMSD facility if it contains substances or has characteristics which, either alone or by interaction with other wastewater, cause or threaten to cause:

A. Damage to CLMSD facilities.

B. Interference or impairment of operation or maintenance of CLMSD facilities.

C. Obstruction of flow in CLMSD facilities.

D. Hazard to human life.

E. Interference with treatment plant or disposal processes or any alteration of the CLMSD treatment plant processes.

F. In no case shall substances discharged to the CLMSD facilities cause the plant to be in noncompliance with federal, state and local laws, rules and regulations pertaining to sludge, biosolids or effluent disposal.

G. Unreasonable interference with recycling and reclamation of wastewater, residues, sludge or scum.

H. The CLMSD to violate its NPDES permit or the receiving water quality standards.

I. Flammable or explosive conditions.

J. A noxious or malodorous condition, a public nuisance, a hazard to life, or conditions sufficient to prevent normal entry into the sewers or other CLMSD facilities for maintenance and repair.

K. Objectionable coloration or other condition in the quality of the CLMSD treatment plant influent which interferes with or passes through the treatment plant.

L. Conditions which violate any statute, rule, regulation, or ordinance of any public agency relating to releases of hazardous wastes, hazardous substances or other pollutants to the environment when such release is to any portion of CLMSD facilities.

M. Any alteration or change of the CLMSD NPDES permit or any additional regulatory supervision, intervention or oversight of the CLMSD operations.

N. Any significant alteration of CLMSD operations, including but not limited to affecting the ability of the CLMSD to procure adequate insurance and/or subjecting the CLMSD operations to significantly increased potential liability.

(Ord. 872 § 3.3, 2008)

A. Any liquids, solids, or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to create a fire or explosion hazard or damage to CLMSD facilities or be injurious to human health and safety or to the operation of CLMSD facilities. At no time shall a waste stream exceed a closed cup flash point of one hundred forty degrees Fahrenheit or sixty degrees Celsius using the test method specified in 40 CFR Part 261.21. At no time shall two successive readings on a combustible gas meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. The meter shall be properly calibrated in accordance with the manufacturer's instructions using pentane as the calibration standard. The materials which may be prohibited if they cause explosive or fire dangers as defined herein include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.

B. Any solid or viscous substance in amounts or concentrations which may cause or threaten to cause obstruction to the flow in a sewer or pass-through of, or interference with, the operations of any CLMSD facilities, such as, but not limited to, feathers, ashes, cinders, sand, cat litter, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, petroleum oil, non-biodegradable cutting or machine oils, products of mineral oil origin, mud, cement grout, glass, grinding or polishing wastes, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails or whole blood.

C. Any discharges having a pH less than 6.0 or equal to or greater than 12.0 or having any other corrosive property outside the specified range in Appendix A, attached to the ordinance codified in this chapter, or corrosive property capable of causing damage or hazard to structures, equipment, humans or animals.

D. Any wastewater containing hazardous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to human or animal health or safety, to create an adverse effect on the waters of the state, or to cause the CLMSD to exceed the limitations set forth in a national pretreatment standard.

E. Heat in amounts which will inhibit biological activity in the treatment plant resulting in interference or pass-through, but in no case heat in such quantities that the temperature at the introduction into the treatment plant exceeds forty degrees Celsius or one hundred four degrees Fahrenheit.

F. Any pollutants, including oxygen-demanding pollutants (BOD, COD, etc.) released at a flow rate and/or pollutant concentration which, alone or in combination with others, may cause interference or pass-through. Regardless of whether a slug discharge causes or will cause interference or pass-through, in no case shall a slug discharge have a flow rate or contain concentrations or quantities of pollutants that exceed, for any time period longer than fifteen minutes, more than five times the average twenty-four-hour concentration, quantities, or flow during normal operation.

G. Any discharge which results in the presence of toxic gases, vapors, or fumes in a quantity that may cause acute worker health and safety problems within any CLMSD facility.

H. Any noxious or malodorous liquids, gases, or solids.

I. Any wastewater containing any radioactive wastes unless:

1. The user is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials; and

2. The waste is discharged in strict conformity with current California Radiation Control Regulations (California Code of Regulations, Title 17) for safe disposal; and

3. The user is in compliance with all rules and regulations of all other applicable regulatory agencies.

J. Any stormwater, ground water, rain water, street drainage, subsurface drainage, yard drainage or diatomaceous earth filter backwash, unless a specific permit is issued by the CLMSD. The CLMSD may approve such discharge only when no other reasonable alternative for disposal is available and all other provisions of this chapter are met.

K. Any unpolluted water including, but not limited to, cooling water, process water or blowdown from cooling towers or evaporative coolers or any other unpolluted water unless a permit for such has been obtained from the CLMSD prior to the discharge. The CLMSD may approve the discharge of such water only when no reasonable alternative method of disposal is available and all other provisions of this chapter are met.

L. Any waste defined as hazardous, by any definition set forth in federal and/or state statutes or regulations, unless such waste has been delisted or decertified by the appropriate federal or state agency, and/or a variance has been granted by the appropriate federal or state agency, including provisions for discharge to a CLMSD facility, and said variance provisions are approved by the CLMSD.

M. Any substance, waste, wastewater, or constituent thereof as may be specifically prohibited or prohibited by concentration levels as may be set forth in local limits adopted by resolution by the CLMSD board.

N. Any substance, waste, wastewater or constituent thereof, which may by itself or in combination with other discharges cause the CLMSD to violate any permit conditions related to toxicity of the effluent or otherwise cause or contribute to the potential for toxic substances being released from CLMSD facilities into the environment in toxic amounts.

O. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

P. Any trucked or hauled pollutants, except at discharge points designated by the CLMSD.

(Ord. 872 § 3.4, 2008)

No user shall discharge any wastewater directly into a manhole or other opening in the CLMSD sewerage system other than through sewer laterals or other sewer connection approved by the CLMSD, unless a permit has been obtained for such discharge. A permit will be issued only for such direct discharge in the event the discharge is otherwise in compliance with provisions of this chapter and no other alternative is reasonably available in the opinion of the CLMSD.

(Ord. 872 § 3.5, 2008)

National categorical pretreatment standards, found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated into this chapter and made a part thereof.

(Ord. 872 § 3.6, 2008)

No person shall discharge wastewater to a CLMSD facility which exhibits any characteristic which is specifically prohibited by an action of the CLMSD board, or any wastewater containing constituents in excess of any specific constituent level limitations as may be set by the CLMSD board by resolution.

Any violation of a specific pollutant limitation as may be set forth in a CLMSD resolution shall subject the user to the same administrative actions, penalties, and/or enforcement actions as would be available for any other violation of this chapter. The term "ordinance," as used elsewhere within this chapter, shall be read to include the specific pollutant limitations and/or waste characteristics as may be set forth by resolution. See Appendix A to the ordinance codified in this chapter for maximum allowable concentrations as adopted by resolution. All specific pollutant limitations set by the CLMSD shall be deemed pretreatment standards for the purposes of Section 307(d) of the Act.

(Ord. 872 § 3.7, 2008)

In the event that either state or federal standards and requirements for discharges to CLMSD facilities are more stringent than the limitations, requirements, and standards set forth in this chapter, the most stringent standard or requirement shall apply. Modifications of the federal or state standards and requirements which are more stringent than the limitations, standards, and requirements as set forth in this chapter and are promulgated subsequent to the adoption of this chapter shall be applied to discharges to CLMSD facilities at such time and in such manner as is set forth in Sections 13.20.300(D) and (F) and 13.20.690.

(Ord. 872 § 3.8, 2008)

The CLMSD reserves the right to establish by ordinance or resolution more stringent standards or requirements on discharges to the CLMSD facilities if deemed necessary to comply with the objectives presented in this chapter. No revision of standards or requirements hereunder shall subject the CLMSD to civil liability or penalty for interference with a vested right of any user.

(Ord. 872 § 3.9, 2008)

No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national pretreatment standards, or in any other pollutant-specific limitation developed by the CLMSD or state, with this chapter or the user's permit, or to establish an artificially high flow rate for permit mass emission rates. An increase in the use of process water which is reasonably proportional to increased production and which is required for said increase in production will not be considered an excessive discharge hereunder.

(Ord. 872 § 3.10, 2008)

A. All users shall be prohibited from allowing slug discharges, as elsewhere defined herein, from entering the CLMSD sewerage system.

B. Each user shall provide protection from slug discharges of restricted materials or other substances regulated by this chapter. Facilities to prevent slug discharges of restricted materials shall be provided and maintained at the user's own cost and expense.

C. In accordance with 40 CFR 403.8(f)(2)(v), the CLMSD must evaluate, at least once every two years, whether each SIU needs a slug discharge control plan. Upon evaluation, certain users will be required to prepare slug discharge prevention and contingency plans (SDCP) containing at least the following information:

1. A description of the discharge practices including nonroutine batch discharges.

2. A description of stored chemicals.

3. The procedures for promptly notifying the CLMSD of slug discharges, including any discharge that would violate a specific discharge prohibition with procedures for follow-up written notification within five days.

4. If required by the CLMSD, procedures to prevent adverse impact from accidental spills including maintenance and inspection of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building or containment structures or equipment, measures for containing toxic pollutants (including solvents), and/or measures or equipment for emergency response.

5. If required by the CLMSD, follow-up practices to limit the damage suffered by the treatment plant or the environment.

These plans shall be submitted to the CLMSD for review and approval. All users required to have SDCP plans shall submit such a plan within three months and complete implementation within six months of receiving notice regarding the requirements of such plan. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

D. In the case of a slug discharge, it is the responsibility of the user to immediately notify the CLMSD of the incident. The notification shall include location of the discharge, type of waste, concentration and volume and corrective action. The user shall provide the CLMSD with a detailed, written report of this incident in a manner and within the time frame as elsewhere provided in this chapter.

E. A notice shall be permanently posted on the user's premises advising the employees whom to call in the event of a slug discharge. The user shall ensure that all employees who may cause or allow such slug discharge to occur are advised of the emergency notification procedure.

F. Each user who violates any of the requirements of the slug discharge program, or allows a slug discharge to occur, shall be subject to the enforcement provisions of this chapter.

(Ord. 872 § 3.11, 2008)

All industrial users shall notify the CLMSD, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge to CLMSD facilities of a substance which if otherwise disposed of would be a hazardous waste under 40 CFR Part 261 or as otherwise defined by state statute or regulation.

Such notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of the discharge (continuous, batch, or other). If the industrial user discharges more than one hundred kilograms of such waste per calendar month to CLMSD facilities, the notification shall also contain the following information, if known: (A) an identification of the hazardous waste constituents contained in the waste; (B) an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and (C) an estimation of the mass constituents in the waste stream expected to be discharged during the following twelve months. Industrial users shall provide notification prior to obtaining a discharge permit.

In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the level of toxicity of hazardous waste generated to the degree it has determined to be economically practical. Nothing contained in this section is intended to modify the prohibitions set forth in Section 13.20.090(N).

(Ord. 872 § 3.12, 2008)

A. No user shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the CLMSD director.

B. The CLMSD shall have the authority to require that any discharge of an infectious waste to the sewer be rendered noninfectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of the applicable waste discharge requirements.

(Ord. 872 § 3.13, 2008)

A. Every lot, block, tract or parcel of land occupied by a residence, building, structure or place of business, producing sewage within the CLMSD or area serviced by special agreement with the CLMSD, to which the nearest property line is within two hundred feet of the point at which a lateral may be connected to the CLMSD, shall be connected to such, excepting only such lots, blocks, tracts or parcels of land served by an adequate, existing septic tank or disposal system in good working order.

B. Except as provided below, no septic tank or system shall be constructed or connected to any structure built, erected, moved or reconstructed, on any premises within the CLMSD, or on premises in any area contracting for discharge of sewage into the CLMSD, if the nearest line of such premises is within two hundred feet of the point of connection to the system.

In the event that the CLMSD cannot immediately accommodate the flow from the premises for any reason, the use of a septic tank or system may be approved by the CLMSD; provided, that the following conditions are satisfied:

1. The appropriate sewage expansion fees for the premises are paid.

2. The appropriate sewage connection fees are paid.

3. The facilities needed to connect the premises to the CLMSD are in place or are guaranteed by a cash deposit in an amount of two hundred percent of the estimated installation cost for the facilities.

4. The monthly sewer service charges that normally would be paid by the premises are paid to the CLMSD during the period that the septic tank or system is in use.

5. The user(s) of the premises agree to conditions of use and abandonment of the septic tank or system as prescribed by the CLMSD.

C. No lateral service connection shall serve more than one ownership.

D. No existing septic tank or separate disposal system serving any property or area within such two-hundred-foot distance which hereafter becomes defective, and requires major repair work or reconstruction, shall be so repaired or reconstructed except by a special grant permitting a variance authorized by the CLMSD, upon application therefor; but such use or user shall be connected into the CLMSD. "Major repairs or reconstruction" is defined as any repair or reconstruction requiring the installation of a new tank, leaching field or equivalent, or such work as will exceed fifteen percent of the cost of all laterals and connections or appurtenances thereto, constructed on the property of any applicant, or on any area outside the CLMSD. Such repair or reconstruction shall be inspected and approved by the CLMSD, prior to being covered or concealed and before the connection pursuant to a permit is made.

E. It is unlawful to lay any lateral or connection line or appurtenance thereto on the property of any user or applicant other than with such materials as the CLMSD may prescribe by resolution.

F. It is unlawful for any person, other than the CLMSD, its agents or employees, to connect any pipe, drain or facility with, or cause the same to penetrate, break, injure, remove or open any portion of, the sewerage system of the CLMSD, or any line, pipe, manhole, flush tank, pump, meter, motor inspection line or any other part of or appurtenance to such system, without a written permit therefor, issued by the CLMSD.

G. The city council shall prescribe by resolution the conditions, forms, fees and manner of connecting to the CLMSD.

(Ord. 872 § 3.14, 2008)

The city council shall prescribe by resolution the manner, financing, and provision for any refunds to promote extension of collector mains in the CLMSD, except for ordinary costs associated within subdivision boundaries or in areas served by the CLMSD, and except special districts organized for the purpose of such construction.

(Ord. 872 § 3.15, 2008)

A. All new subdivisions within the CLMSD or in areas served by the CLMSD shall have an adequate collection system for sewage.

B. The plan, design and size of mains must be approved by the CLMSD for such purpose. Such system shall include provision for future growth within the area or adjacent areas which will ultimately use mains within such subdivision, and shall comply with standards otherwise established within the city.

C. The subdivider shall pay all costs, as described in this chapter, of such system.

(Ord. 872 § 3.16, 2008)

A. Additional areas may be annexed to the CLMSD in the manner provided by law.

B. All charges therefor shall be prescribed by resolution of the city council.

C. Contracts for acceptance and treatment of sewage shall be entered into only with areas which contemplate future annexation to the CLMSD. Such contracts shall require compliance with provisions of this chapter and any resolution adopted pursuant hereto and shall not provide for acceptance and treatment without annexation for a period of more than ten years, and shall be so drawn that they shall encourage and promote annexation at the earliest date after original construction.

(Ord. 872 § 3.17, 2008)