Lemoore Municipal Code Art. D Sewer Use Regulations

This Article may be cited as the CITY OF LEMOORE SEWER USE ORDINANCE.

This sewer use Article sets uniform requirements for discharges into the wastewater collection, transport, and treatment system and enables the City to meet its contractual obligations to comply with the administrative provisions of the Clean Water Grant regulations, the water quality requirements set by the Regional Water Quality Control Board and the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required or authorized by State or Federal law, and to derive the maximum public benefit by regulating the quality and quantity of wastewater discharge into those systems. This Article provides for the establishment of a surveillance and enforcement procedure to control the discharge of certain wastewater and the issuance of permits, which are generally referred to as industrial wastewater discharge permits, to certain users. Revenues derived from said industrial wastewater discharge permits required by this Article shall be used to defray the City's cost of conducting the source control program and industrial wastewater discharge permit system.

Unless otherwise defined herein, terms used in this Article shall have the same meanings as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or as set forth in the latest publications of The American Water Works Association, the Water Pollution Control Federation, the Glossary - Water and Wastewater Control Engineering, the American Public Health Association, the American Society of Civil Engineers, the American Water Works Association, and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by standard methods unless expressly stated, or as otherwise established by Federal or State regulatory agencies. It is intended that these definitions supplement, expend and add to those provided in other City ordinances, and in the event of conflict, these definitions shall be controlling in the interpretation of this Article.

ACT: The "Federal Water Pollution Control Act Amendments" of 1972 (33 U.S.C. section 1251 et seq.) and any amendments thereto including the "Clean Water Act of 1977", as well as any guidelines, limitations, and standards promulgated by the United States Environmental Protection Agency pursuant to the Act.

APPLICANT: The person making application for a permit for a sewer installation and such applicant shall be the owner of the premises to be served by the sewer for which a permit is requested or his authorized agent.

BENEFICIAL USES: Uses of the waters of the State that may be protected against quality degradation.

BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) centigrade.

BUILDING: Any structure used for human habitation or a place of business, recreation or other purpose containing sanitary facilities.

BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from drainage piping inside the walls of a building and which conveys liquid wastes to the building sewer intersecting at a point two feet (2') from the building foundation.

BUILDING SEWER: A sewer conveying wastewater from the premises of a user to a community sewer.

CITY: The City of Lemoore.

CITY ATTORNEY: An attorney at law appointed by the City Council to represent the City.

CITY COUNCIL: The five-person Council constituted and empowered as a group acting in public meetings to legislate in all matters related to the City's jurisdiction as established by the laws of the State of California.

COMMERCIAL ESTABLISHMENTS: Any building used for conducting private or public wholesale or retail transactions involving the exchange of services, commodities or financial business. Such facilities normally produce domestic wastes, but may also contain or produce industrial wastes.

COMMUNITY SEWER: A sewer which is owned, operated and/or maintained by the City, tributary to the treatment facility operated by the City.

COMPATIBLE POLLUTANT: BOD, suspended solids, pH, fecal coliform bacteria, irrigation quality characteristics, and/or such additional pollutants as are now or may be in the future specified and controlled in the City's waste discharge permit issued by the California Regional Water Quality Control Board for its publicly owned treatment works (POTW).

CONTAMINATION: An impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the State are affected.

CONTROLLED SUBSTANCE: Any substance which is a toxic substance or an incompatible pollutant or which may cause pollution or which may interfere with or pass through the POTW and interfere with the proper disposal of the effluent from the POTW.

COOLING WATER: The water discharged from any use such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.

COUNTY: The County of Kings, California.

CRITICAL USER: A user who is required to obtain a permit, as defined in subsection 7-7D-8A.

DISCHARGE: To pump, to place, to deposit, to permit, or to cause to flow or to be transported by a flow.

DISCHARGE PERMIT: A permit allowing a specific user to discharge specific quantities and types of wastewater subject to payment of stipulated fees and other conditions. See subsection 7-7D-8A herein.

DOMESTIC WASTES: Liquid wastes (a) from the noncommercial preparation, cooking and handling of food; or (b) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.

GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the manufacture, handling, storage and sales of food.

HOLDING TANK WASTE: Any waste from holding tanks such as vessels, chemical toilets, industrial process detention tanks, brine tanks, and grease or sand traps.

INCOMPATIBLE POLLUTANT: Any pollutant which is not a "compatible pollutant" as defined in this Section or which may pass through the sewerage system and have a detrimental effect on the final disposal of the effluent from the treatment plant or which may cause abnormal increase in the operation costs of the sewerage system.

INDUSTRIAL ESTABLISHMENT: Any building that, in addition to domestic wastes, discharges industrial wastewater or wastewater containing any of the constituents referenced in Section 7-7D-5 of this Article.

INDUSTRIAL WASTEWATER: The liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes. This includes wastewater from a source other than an industrial plant or facility which introduces toxic pollutants, as defined in 403 CFR 233.1(w), into publicly owned treatment works, including, without limitation: medical offices; dental offices; hospitals; schools, research, educational and commercial laboratories; warehouses; shopping centers; car washes; print stores; residential, commercial, and public uses of pesticides and fertilizers; gas stations; and septage collection and disposal facilities.

INFECTIOUS WASTE: Wastes which contain pathogenic organisms.

INSTITUTIONAL FACILITIES: Any public or privately-owned school, publicly-owned building from which Federal, State, County, City or special district activities are conducted or offered for public use. Such facilities shall include but not be limited to schools, hospitals, jails, libraries, offices, equipment yards and maintenance buildings, laboratories, parks, rubbish stations, detention homes and fire stations.

INTERFERENCE: An inhibition or disruption of the POTW, its treatment process, its sludge process, its effluent disposal system for irrigation purposes or any factor which is a cause of or significantly contributes to either a violation of any requirement of the POTW's discharge permit, including an increase in the magnitude or duration of such violation or a violation of the City's agreement with Westlake Farms for the disposal of the effluent for irrigation purposes.

An industrial user significantly contributes to such a permit violation or violation of the City- Westlake Farms disposal agreement whenever such user:

Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State or local law;

Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or

Knows or has reason to know that his discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation or violation of the City-Westlake Farms disposal agreement.

LATERAL SEWER: That portion of the building drain within a public street.

MANAGER: The City Manager of the City of Lemoore or his designated representative acting within the scope of the policy directives of the City Council of the City.

MASS EMISSION RATE: The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

MOBILEHOME: A residence manufactured to be transported on wheels. It normally required a special permit to be moved, has more than four hundred (400) square feet of floor space, and is usually sited in a park or development exclusively zoned for such residences.

MULTIPLE-FAMILY DWELLINGS: Buildings such as duplexes, triplexes, apartments, et cetera, under a single ownership.

NATURAL OUTLET: A channel, pond, ditch, lake or other body of surface or ground water.

NUISANCE: Anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which may affect an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

OUTSIDE SEWER: A private sewer beyond the limits of the City.

P.C.B.: Polychlorinated biphenols, a group of synthetic organic compounds.

pH: A measure of the hydrogen-ion concentration in a solution, expressed as the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration in gram moles per liter.

PASS THROUGH: The discharge of pollutants through the POTW into waters of the State in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW's discharge permit, including an increase in the magnitude or duration of a violation or contribute to causing a violation of the agreement between the City and Westlake Farms for the disposal of the effluent for irrigation purposes. An industrial user significantly contributes to such permit violation where it:

Discharges a daily pollutant loading in excess of that allowed in its discharge permit; or

Discharges wastewater which substantially differs in nature or constituents from the user's average discharge.

PATHOGENIC ORGANISMS: Bacteria, protozoa, viruses or other life forms which may cause disease.

PERMIT: Any written authorization required pursuant to this or any other rule, regulation, ordinance or contract of the City for the installation of any sewage works, including but not limited to industrial wastewater discharge permit.

PERSON: Any individual, partnership, firm, association, corporation or public agency including the State of California and the United States of America.

PLUMBING SYSTEM: The distributing pipes for the water supply; the fixtures and fixture traps, the soil, waste, and vent pipes; the building drain and building sewer; and the storm water drainage pipes, with their devices, appurtenances and connections within and adjacent to the building.

POLLUTION: An alteration of the quality of the waters of the State by waste to a degree which adversely affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution may include contamination.

PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works as defined by section 212 of the Federal Water Pollution Control Act, which is owned by a state or municipality (as defined by section 502(4) of the Federal Water Pollution Control Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they convey wastewater to a POTW.

PREMISES: A parcel of real estate including any improvements thereon which is determined by the City to be a single entity for purposes of receiving, using and paying for service.

PRETREATMENT: Application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the POTW.

PRETREATMENT STANDARDS: All applicable Federal rules and regulations implementing section 307 of the Act, as well as rules and regulations promulgated by the State, County or City regulatory agencies, the most stringent of which shall apply.

PRIVATE SEWER: One which has an independent sewage disposal not connected with a public sewer and which accommodates one or more services.

PUBLIC SEWER: A sewer in a public right of way or easement owned or controlled by the City of Lemoore or any sewer constructed by the City of Lemoore.

RATE RESOLUTION: A resolution which provides for the establishment of sewer service charges; referred to as the City of Lemoore sewer rate resolution.

RESIDENCE or RESIDENTIAL UNIT: Building for occupancy by one or a family of persons as a permanent or temporary habitat. Normally used to refer to single-family residence, a house sited physically separate from any other building.

RESIDENTIAL EQUIVALENT: Any discharge of wastewater, expressed in fractions or multiples of the prevailing quantities of daily emissions of volume, pounds of BOD and pounds of SS for the average single-family residence as stated in the currently effective rate resolution.

RESIDENTIAL EQUIVALENT UNIT COST: That unit cost which shall be the basis for the charge for sewer service as stated in the currently effective "Rate Ordinance - An Ordinance Providing For the Establishment of Sewer Service Charges" in the City of Lemoore.

SANITARY WASTEWATER: The water supply of a community after it has been used and discharged into a sewer.

SEWER: A pipe or conduit for transporting wastewater.

SEWERAGE SYSTEM: The collection, transport, pumping, treatment and disposal facilities of the City of Lemoore.

SIDE SEWER: That part of the sewer piping beginning at the foundation wall of any building and terminating in the main sewer.

SIGNIFICANT INDUSTRIAL DISCHARGER: Any industrial user of the City of Lemoore's wastewater treatment system whose discharge:

Exceeds five thousand (5,000) gallons per day; or

Exceeds five percent (5%) of any one of the three (3) daily design capacities for flow, BOD and suspended solids for the treatment system; or

Contains a toxic pollutant in toxic amounts as defined in standards issued under 307(a) of the Federal Water Pollution Control Act and the Toxic Substances Control Act; or

Contains a pollutant that may cause interference with or which may pass through the POTW and thereby produce a harmful effect.

STANDARD INDUSTRIAL CLASSIFICATION (SIC): The compilation of industries and their discharges of pollutants, which is printed by the United States Office of Management and Budget in its Standard Industrial Classification Manual.

STORM WATER: Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.

STREET: Any public highway, road, street, avenue, alley, way, easement or right of way.

SUSPENDED SOLIDS (SS): The total suspended matter that floats on the surface of, is suspended in, or settles from wastewater, or other liquids, and which is removable by laboratory filtering.

TOTAL IDENTIFIABLE CHLORINATED HYDROCARBONS (TICH): Those organic compounds that make up a large part of the synthetic carbon compounds included in the EPA's list of toxic substances.

TOXIC SUBSTANCES: Any toxic material in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to section 307(a) of the Act, and the "Toxic Substances Control Act" (P.L. 94-46i9), and chemical elements or compounds, phenols or other taste or odor producing substances, or any other substances which are not susceptible to treatment or which may interfere with the biological process or efficiency of the treatment and disposal system.

TRAILER: A mobile residence normally set up in a park constructed to provide utility hookups of such dwellings. Trailers are limited to thirty five feet (35') in length by the California Motor Vehicle Code and may be towed on the public highway without a special permit. Such residences have less than four hundred (400) square feet of floor space.

UNPOLLUTED WATER: Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.

USER: Any person who discharges, causes or permits the discharge of wastewater into the City of Lemoore's wastewater treatment system.

USER CLASSIFICATION: A classification of user based on the 1972 (or subsequent) Edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.

WASTE: Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any reproducing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

WASTEWATER: Waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.

WASTEWATER CONSTITUENTS AND CHARACTERISTICS: The individual chemical, physical, biological and radiological parameters, including volume and rate of flow and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.

WASTEWATER TREATMENT SYSTEM: Any devices, facilities, structures, equipment or works owned or used by the City of Lemoore for the purpose of the transmission, storage, treatment, recycling and disposing of industrial and domestic waste.

All users shall pay the charges and fees required by this Article at the time and in the amounts and as set forth herein and in the City sewer rate resolution 1 .

A. Introduction: This Article is applicable to areas within the boundaries of the City, and to all other areas and entities which by contract are bound to comply with the ordinances, resolutions, rules and regulations of the City.

B. Prohibitions on Wastewater Discharges: Unless otherwise provided in a special agreement as described in subsection H of this Section or the discharge permit as described in subsection 7-7D-8A, no person shall discharge or deposit or cause or allow to be discharged or deposited into the wastewater treatment system any wastewater which contains or produces the following:

1. Oils and Grease:

a. Oil and grease concentrations or amounts from industrial facilities violating Federal pretreatment standards.

b. Total fat, wax, grease or oil concentration of animal or vegetable origin (living sources) of more than one hundred (100) mg/l, whether emulsified or not, containing substances which may solidify or become viscous at temperatures between thirty two degrees (32°) and one hundred fifty degrees (150°) Fahrenheit (0° and 65° centigrade) at the point of discharge into the system.

c. Wax, grease or oil concentration of mineral or petroleum origin (nonliving sources) of more than one hundred (100) mg/l whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between thirty two degrees (32°) and one hundred fifty degrees (150°) Fahrenheit (0° and 65° centigrade) at the point of discharge into the system.

2. Explosive Mixtures: 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 cause fire or explosion or be injurious in any other way to the sewerage facilities or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorites, perchlorates, bromates, carbides, formaldehyde, hydrides and sulfides.

3. Noxious Material: Noxious or malodorous solids, liquids or gases, which either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or may be of such nature as to be sufficient to prevent entry into a sewer for its maintenance and repair.

4. Improperly Shredded Garbage: Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than three-eighths inch (3/8") in any dimension.

5. Radioactive Wastes: Radioactive wastes or isotopes of such half-life or in such concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the sewerage facilities or personnel operating the system.

6. Solid or Viscous Wastes: Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the wastewater treatment system. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, polishing compounds, resin beads, 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, and similar substances.

7. Toxic Substances: Any toxic substances in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to section 307(a) of the Act, and chemical elements or compounds, phenols or other taste or odor producing substances, or any other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system.

8. Unpolluted Waters: Any unpolluted water including, but not limited to, water from cooling systems or of storm water origin, which will increase the hydraulic load on the treatment system beyond the limit allowed in the user's discharge permit.

9. Discolored Materials: Wastes with objectionable color not removable by the treatment process. Such color shall be objectionable if it causes the plant effluent to fail to meet State or EPA standards for turbidity or light transmittance, causes complaints from downstream users, or if it causes pollution to waters of the State.

10. Corrosive Wastes: Any waste which will cause corrosion or deterioration detrimental to the design life expectancy of the treatment system. All wastes discharged to the public sewer system must have pH value in the range of six (6.0) to nine (9.0). Materials subject to regulation under this Section include, but are not limited to, acids, caustics, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic or alkaline products.

11. Interference With Reclamation or Reuse: Any waste which will cause, threaten to cause, or is capable of causing either alone or by interaction with other substances in the City's effluent or any other product of the treatment process, characteristics, residues, sludges or scums, which would cause the effluent to be unsuitable for reclamation and reuse or to interfere with the reclamation or reuse thereof.

12. Nuisance: Any waste which will cause, threaten to cause, or is capable of causing either alone or by interaction with other substances a detrimental environmental impact or a nuisance in the waters of the State or a condition unacceptable to the City, or any public agency having regulatory jurisdiction over the City.

13. Incompatible Pollutants: Any waste which is not a "compatible pollutant" as defined in this Article or which may interfere with or may "pass through" the system or which may cause abnormal increase in the operation costs of the system.

C. Limitations on Wastewater Discharges:

1. Table C1 shows the maximum allowable concentration of certain pollutants for discharge into the POTW. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this Article.

TABLE C1 ALLOWABLE CONCENTRATIONS OF POLLUTANTS

2. Listed in Table C2 are certain pollutants which, when discharged to the POTW, must be reported to the City as a condition of compliance with the users discharge permit. Maximum concentration limits for these pollutants have not been determined for general application. The Manager will determine and implement such limits as he may find necessary to insure compliance with the City's discharge permit issued by the Regional Water Quality Control Board or to insure that the discharge from the POTW complies with the City-Westlake Farms contract for final disposal or to meet more stringent requirements issued by the United States Environmental Protection Agency regarding new source discharges.

TABLE C2 CONTROLLED POLLUTANTS

Limitations and prohibitions on wastewater strength contained in this Article, including those of the preceding Tables C1 and C2, may be supplemented with more stringent limitations and prohibitions pursuant to subsection 7-7D-8E and the provisions of subsection 7-7D-8E shall, in such cases, be controlling. The City may provide the more stringent limitations and prohibitions as follows:

a. If the City determines that the limitations and prohibitions in this Article may not be sufficient to protect the operation of the district's treatment works; or

b. If the City determines that the limitations and prohibitions in this Article may not be sufficient to enable the City's treatment works to comply with water quality standards or effluent limitations specified in the City's California Regional Water Quality Control Board waste discharge requirements, or to meet the requirements of the City-Westlake Farms agreement for the final disposal of the discharge from the POTW.

3. Federal Limitations: Any user who does not comply with the Federal pretreatment standards as required by section 307 (b) and (c) of the Act and any applicable regulations thereunder, including those called for by 403 CFR 403.0, violates this Article. The more stringent of the standards will apply whenever local, State and Federal standards overlap. Violation and prosecution under this Article does not preclude violation and prosecution by other affected Federal, State or local agencies in accordance with applicable law.

D. Limitations on Point of Discharge: No person shall discharge any substances directly into a manhole or other opening in a community sewer other than through an approved building sewer unless, upon written application by the user and payment of the applicable user charges and fees, the City issues a permit for such direct discharges.

E. Excessive Discharge Rate: No person shall discharge or cause or allow to be discharged or deposited into the wastewater system any wastewater flowing at an excessive rate of flow defined as:

1. Hydraulic: That average rate of flow during any fifteen (15) consecutive minutes which shall be greater than five (5) times the average daily rate of flow, or a monthly flow volume greater than that specified by connection permit shall be considered excessive.

2. Loadings: Those concentrations of pollutants such as toxics, grease and oil, and other constituents, which in a grab sample are greater by a factor of five (5) than the average twenty four (24) hour concentration allowed in the industrial waste permit or a mass emission greater than that specified by connection permit shall be considered excessive.

3. BOD5 and Suspended Solids: Those concentrations of biochemical oxygen demand and suspended solids which, in a composite sample taken at intervals of fifteen (15) minutes over a period of four (4) hours, are greater by a factor of five (5) than the average twenty four (24) hour concentration allowed in the industrial waste permit or a mass emission greater than that specified by connection permit shall be considered excessive.

F. Holding Tank Waste: A user proposing to discharge holding tank waste into a community sewer must secure a permit. Unless allowed by the City under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. This permit will state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a community sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the City.

G. Infectious Wastes:

1. Infectious wastes from hospitals, clinics and mortuaries may be disposed of to the sanitary sewer system subject to the following limitations and requirements:

a. The material shall be ground by an approved grinder so that the material shall pass a three-eighths inch (3/8") screen opening.

b. The materials must not violate any other requirements of these rules and regulations or applicable State and/or Federal statutes, laws, and rules and regulations.

c. All paper and plastic items must be excluded before grinding organic kitchen wastes from hospital food preparations prior to discharge into the sanitary sewer system.

2. The following shall not be discharged to the sanitary sewer system by any means:

a. Hypodermic needles, syringes and associated articles following their use in hospitals, out-patient clinics, medical and dental offices, etc.

b. Portions of the human anatomy, pathologic specimens.

c. Wastes excluded by other provisions of this Article except as specifically permitted in this Section.

3. All hospitals within the limits of the City desiring to dispose of a ground "infectious waste" by discharge into facilities of the City shall first have a valid discharge permit. All applicants for such permits shall fill out completely the application form, pay the appropriate fee, receive a copy of the City's regulations governing discharge of ground hospital wastes, and shall agree in writing to abide by the regulations. The discharge permit shall be valid for one year from date of issuance.

4. Nothing in this Section shall be construed to limit the authority of the Health Officer of the County to define wastes as being infectious.

H. Special Agreements: Nothing in this Section shall be construed as preventing any special agreement or arrangement between the City and any user of the wastewater treatment system whereby wastewater of unusual strength or character is accepted into the system and specially treated, subject to any payments or user charges as may be applicable. Any such special agreement must be approved by the City Council.

I. Nonindustrial Users: Hospitals, clinics, schools, commercial facilities, public agency facilities and any other class of discharger may be classified as industrial facilities for purposes of applying this Article. The applicability may be extended to residential users at the sole discretion of the City in special instances.

A. Regulatory Actions: Unless otherwise provided in a special agreement as described in subsection 7-7D-5H or the discharge permit as described in subsection 7-7D-8A, if wastewaters containing any substance described in Section 7-7D-5 are discharged or proposed to be discharged into the sewer system of the City or to any sewer system tributary thereto, the Manager and the City Attorney may take any action necessary to:

1. Prohibit the discharge of such wastewater.

2. Require a user to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this Article.

3. Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate these rules and regulations.

4. Require the person proposing, making, causing or allowing the discharge to pay any additional cost or expense incurred by the City for handling and treating excess loads imposed on the treatment system.

5. Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this Article.

B. Submission of Plans: Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, detailed plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the City for review and approval in writing. Such written approval shall not exempt the discharge of such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow- control facilities shall not be made without due notice to and prior approval of the City.

C. Pretreatment: Users shall make wastewater acceptable under the limitations established herein before discharging to the community sewer. Any facilities required to pretreat wastewater to a level acceptable to the City shall be designed, purchased, installed, maintained in good working order, and operated so as to ensure continuous compliance with applicable requirements by the user at user's own cost and expense. Intermittent operation of pretreatment facilities during discharge to the POTW is prohibited without written permission from the Manager.

1. Interceptors: Grease, oil and sand interceptors shall be provided when, in the opinion of the Manager, they are necessary for the proper handling of the liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients. All interceptors shall be of a capacity sufficient to provide the appropriate quality of effluent, and shall be in an easily accessible location for purposes of cleaning and inspection.

2. Commercial Garbage Grinders: No owner of a commercial garbage grinder shall maintain or operate or permit to be maintained or operated any such grinder which may discharge any waters, wastes or other substances into the City sewer without first providing, at such person's expense, such preliminary treatment as may be necessary to reduce the suspended solids, daily flow or objectionable characteristics or constituents to within the maximum limits contained in Section 7-7D-5.

3. Water Softening Units: In order to minimize salts discharged into the system, water softening units must be well operated and maintained in strict accordance with manufacturer's instructions.

D. Admission to Property: Whenever it shall be necessary for the purposes of enforcing this Article, the Manager, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:

Copying or inspecting any records required to be kept under the provisions of this Article; or

Inspecting any monitoring equipment or pretreatment facility or discharge producing process; or

Sampling any discharge of wastewater to the treatment works.

1. Emergency Admission to Property: The Manager may enter upon the property at any hour under emergency circumstances. In the event of such emergency entry, the Manager shall make every effort to immediately notify the user's designated agent. The granting of consent to admission of the Manager to the user's property is a condition of use of the City's wastewater system.

E. Protection from Discharges Above Permitted Levels:

1. Accidental Discharges: Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved in writing by the Manager before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this Article.

2. Reporting of Accidental Discharge: If, for any reason, a user does not comply with or will be unable to comply with any prohibition or limitation in this Article, the user responsible for such noncompliance shall immediately notify the City so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the City detailing the characteristics of the discharge and corrective action taken to prevent future violative discharges, shall be filed by the responsible industrial user within five (5) days of the occurrence of the noncomplying discharge.

Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on the City on account thereof under section 13350 of the California Water Code.

3. Penalty for Discharges Above Permitted Levels: All costs incurred by the City due to discharges by a user beyond the limits stated in its discharge permit, either in quantity or in constituent make up, whether accidental or deliberate, shall be reimbursed by the user to the City within fifteen (15) days after presentation of an invoice setting forth the City's costs. Costs included in such invoice may include, but shall not be limited to, wages, benefits, consultants' fees, attorneys' fees, testing, materials, equipment and incidentals required to successfully treat the excess discharge, as well as any fines or penalties levied or assessed on the City as a result of such discharges.

F. Preventive Measures: Any direct or indirect connection or entry point for nonconforming or otherwise deleterious wastes to the user's plumbing or drainage system shall be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label such entry points to warn against discharge of such waste in violation of this Article.

A. Discharge Reports:

1. Every significant industrial user shall file a periodic discharge report on forms provided by the City at such intervals as are designated by the Manager. The Manager may require any other users discharging or proposing to discharge into the treatment system to file such periodic reports.

2. The discharge report shall include, but, at the discretion of the Manager, shall not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of discharge operation, concentrations of controlled pollutants or other information which relates to the generation of waste. Such reports may also include the chemical constituents and quantity of liquid materials stored on site even though such materials are not normally discharged. In addition to discharge reports, the Manager may require information in the form of industrial discharge permit applications, self-monitoring reports and other reporting requirements as stipulated in 40 CFR 403.12.

B. Records and Monitoring:

1. All industrial users who discharge or propose to discharge wastewaters to the wastewater treatment system shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as in the opinions of the Manager may be required to demonstrate compliance with the requirements of this Article and any applicable State or Federal pretreatment standards or requirements.

2. Such records shall be made available for inspection and copying upon request by the Manager. All such records relating to compliance with pretreatment standards shall be made available to officials of the United States Environmental Protection Agency upon demand. A summary of such data indicating the industrial user's compliance with this Article shall be prepared according to subsection 7-7D-8E and submitted to the City.

3. The owner or operator of any premises or facility discharging industrial wastes into the system shall install and maintain in proper working order, at his own cost and expense, suitable monitoring equipment on each connection discharging industrial wastes to facilitate the accurate observation, sampling and measurement of such wastes.

4. The monitoring equipment shall be located and maintained on the industrial user's premises outside of the building. When such a location would be impractical or cause undue hardship on the user, the City may allow such facility to be constructed in the public street, provided there would be no significant interference with other public uses of the area.

5. When more than one user can discharge into a common sewer, the Manager may require installation of separate monitoring equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Manager may require that separate monitoring facilities by installed for each separate discharge.

6. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the City requirements and all applicable construction standards and specifications.

7. If the monitoring facility is inside the user's fence, there shall be accommodations to allow access for City personnel, such as a gate secured with a City lock. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

C. Confidential Information: Wastewater quantity and characteristics will not be recognized as confidential information. However, information accepted by the City as confidential in accordance with the provisions of 40 CFR Part 2 entitled, "Confidentiality of Business Information", shall not be transmitted to any governmental agency or to the general public by the City until and unless prior and adequate notification is given to the user; provided, however, that such portions of the information shall be available for use by the State or any regulatory agency in judicial review or enforcement proceedings involving the user concerned.

D. Inspection, Sampling and Analysis; General: The City may inspect the facilities of any user to ascertain whether the purpose of this Article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The City shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations and every effort will be made so that such devices and operations do not interfere with the normal business operations of the discharger. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security personnel so that, upon presentation of suitable identification, representatives of the City will be permitted to enter without delay for the purposes of performing their specific responsibilities.

1. Compliance Determination: Compliance determinations with respect to Section 7-7D-5 prohibitions and limitations may be made on the basis of either instantaneous grab samples or composite samples of wastewater. Composite samples may be taken over a twenty four (24) hour period, or over a longer or shorter time span, as determined necessary by the Manager to meet the needs of specific circumstances.

2. Analysis of Industrial Wastewaters: Laboratory analysis of industrial wastewater samples shall be performed in accordance with the current edition of "Standard Methods", "Methods for Chemical Analysis of Water and Waste" published by the United States Environmental Protection Agency, or the "Annual Book of Standards, Part 23, Water, Atmospheric Analysis" published by the American Society for Testing and Materials. Analysis of those pollutants not covered by these publications shall be performed in accordance with procedures established by the State Department of Health.

3. Sampling Frequency: Sampling of industrial wastewater for the purpose of compliance determination with respect to Section 7-7D-5 prohibitions and limitations will be done at random intervals as the Manager may determine necessary to the program goals.

A. Industrial Wastewater Discharge Permits Required: All significant industrial users proposing to connect to or discharge into any part of the wastewater treatment system must first obtain a discharge permit. All existing significant industrial users connected to or discharging to any part of the City system must obtain an industrial wastewater discharge permit within sixty (60) days from and after the effective date of this Article.

Industrial wastewater permits shall be classified as follows:

B. Optional Permits: Any nonresidential users may be required to apply for discharge permits. The Manager may issue a wastewater discharge permit to any user, upon application, in accordance with the terms of this Section in the following categories:

1. A user who requires the user charges and fees to be based on an estimation of wastewater flow.

2. Any user whose wastewater strength is less than the normal range for the user classification to which he is assigned because of pretreatment, process changes or other reasons.

C. Permit Application: Users seeking a controlled substance wastewater discharge permit shall complete and file with the City an application on the form prescribed by the Manager, and accompanied by the applicable fee. In support of this application, the user shall submit the following information:

1. Name and address of applicant.

2. Volume of wastewater to be discharged.

3. Wastewater constituents and characteristics including, but not limited to, those set forth in Section 7-7D-5 as determined by a State-approved analytical laboratory.

4. Time and duration of discharge.

5. Average and thirty (30) minute peak wastewater flow rates, including daily and monthly, and seasonal variations, if any.

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.

7. Description of activities, facilities and plant processes on the premises including all materials and types of materials which are, or could be, discharged.

8. Each product produced by type, amount and rate of production.

9. Number and type of employees, and hours of work.

10. Any other information as may be deemed by the Manager to be necessary to evaluate the permit application.

The Manager will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Manager may issue a controlled substance wastewater discharge permit subject to terms and conditions provided herein.

D. Permit Fees and Costs: In compliance with the Federal Water Pollution Act of 1972, all costs of industrial wastes control are mandated to be charged to the contributing industrial connections.

The cost of required laboratory analysis to establish user's compliance with its discharge limits shall be billed to the industrial facility sampled.

E. Permit Conditions: Wastewater discharge permits shall be expressly subject to all provisions of this Article, including subsection H hereof, and all other regulations, user charges and fees established by the City. The conditions of controlled substance wastewater discharge permits shall be uniformly enforced in accordance with this Article, and applicable State and Federal regulations. Permit conditions will include the following:

1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system.

2. The average and maximum wastewater constituents and characteristics.

3. Limits on rate and time of discharge or requirements for flow regulations and equalization.

4. Requirements for installation of inspection and sampling facilities, and specifications for monitoring programs.

5. Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.

6. Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.

7. Compliance schedules.

8. Wastewater analyses by State-approved lab as part of the user's compliance effort. The user shall pay for the cost of such analyses.

9. An amended application must be filed prior to revising any discharge condition noted in the original application, and written City approval must be received by the discharger.

10. Other conditions to ensure compliance with this Article.

F. Notice to Employees: In order that employees of users be informed of City requirements, users shall make available to their employees copies of this Article (or a summary thereof approved by the City) together with such other wastewater information and notices which may be furnished by the City from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this Article.

G. Duration of Permits and Modification: Permits shall be valid until such time as they may be modified or revoked by the City. In the event that the user applies for a modification to the permit, then users shall pay the permit modification fee set forth in subsection D hereof.

The terms and conditions of the permit may be subject to modification and change by the City during the life of the permit, as limitations or requirements as identified in Section 7-7D-5 are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Failure of the City to act upon a valid permit application or renewal application shall allow for automatic extension of operations under existing permit conditions.

H. Transfer of a Permit: Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.

I. Revocation of a Permit: Any user who violates the following conditions of his permit or of this Article, or of applicable State and Federal regulations, is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:

1. Failure of a user to accurately report the wastewater constituents and characteristics of his discharge.

2. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics.

3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

4. Violation of conditions of the permit.

5. Failure to pay user fees.

A. Notification of Violation: Whenever the Manager determines that any person has violated or is violating this Article, or any prohibition, limitation or requirement contained herein, he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof.

B. Submission of Time Schedule: The Manager may require the user to submit for approval, with such modifications as he deems necessary, a detailed time schedule of specific actions which the user shall take in order to correct a violation or prevent further violations of requirements.

C. Issuance of Cease-and-Desist Order: The Manager may issue an order to cease and desist, and direct those persons not complying with such prohibitions, limits, requirements or provisions to:

• 1. Comply forthwith;
• 2. Comply in accordance with a time schedule set forth by the City; or
• 3. Take appropriate remedial or preventive action in the event of a threatened violation.

D. Appeals: Any user, permit applicant or permit holder affected by any decision, action or determination, including cease-and- desist orders, made by the Manager, interpreting or implementing the provisions of this Article or any permit issued hereunder, may file with the City a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration.

The Manager will review the written submittal and, within ten (10) days of the receipt of the written request for reconsideration, shall issue a new ruling which shall modify or confirm the original decision. If the ruling made by the Manager is unsatisfactory to the person requesting reconsideration, this person may, within ten (10) days after notification of the City action, file a written appeal to the City. The written appeal shall be heard by the City Council within thirty (30) days from the date of filing.

E. Hearing: The City will conduct the hearing and take the evidence. In providing notices of hearings, the City may request the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings. The City shall make a final ruling on the appeal within ten (10) days of the close of the meeting.

1. Decision in Effect During Appeal: The Manager's decision, action or determination shall remain in effect during such period of reconsideration and appeal.

2. Order: After the City Council has reviewed the evidence, it may either confirm, modify or reverse the Manager's decision or it may issue a new order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.

F. Legal Action: Any discharge in violation of the provisions of this Article or any order of the City shall be considered a public nuisance. If any person discharges wastewater, industrial wastes or other wastes into the City's sewerage system contrary to the provision of this Article or any order of the City, the City Attorney, upon directive of the City, shall commence an action for appropriate legal and/or equitable relief in the Superior Court of the County.

G. Public Nuisance: Any person creating a public nuisance is guilty of a misdemeanor.

H. Injunction: Whenever a discharge of wastewater is in violation of the provisions of this Article or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the City may petition the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.

I. Damage to Public Facilities: When a discharge of wastes causes an obstruction, damage or any other impairment to City facilities, the City may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's ordinary charges and fees.

A. General: A violation of this Article is a misdemeanor punishable by imprisonment in the County jail not to exceed thirty (30) days or by a fine not to exceed one thousand dollars ($1,000.00), or by both.

B. Correction of Violations and Costs: In order to enforce the provisions of this Article, the City may correct any violation thereof, and the cost of such correction may be added to any sewer service charge payable by the user violating this Article. The cost of correcting violations may include but shall not be limited to any fines or other costs imposed on the City by any Federal or State agency or court.

C. Method of Collecting Costs: The City shall have the same remedies for the collection of costs of violations as it has for the collection of normal sewer service charges.

D. Civil Penalties: Any person who discharges pollutants, except as permitted by waste discharge requirements, or who violates any cease and desist order, prohibition, waste discharge requirements effluent limitation, water quality related effluent limitation, national standard of performance, pretreatment or toxicity standard or who refuses to comply with the requirements adopted to control the disposal of pollutants shall be subject to an obligation to reimburse the City for all costs incurred by the City as a result of such discharges. Costs included may include, but shall not be limited to, wages, benefits, consultants' fees, attorneys' fees, testing, materials, equipment and incidentals required to successfully treat the excess discharge, as well as any fines or penalties levied or assessed on the City as a result of such discharges.

E. Other Criminal Penalties:

1. Any person who wilfully or negligently discharges pollutants except as allowed by waste discharge requirements or who wilfully or negligently violates any effluent standard, water quality related effluent standard, national standard of performance, toxicity or pretreatment standard, or who refuses to comply with the requirements adopted to control the disposal of pollutants into wells, or who violates any cease and desist order, prohibition or waste discharge requirement shall be punished by a fine of not more than twenty five thousand dollars ($25,000.00) nor less than two thousand five hundred dollars ($2,500.00) for each day in which such violation occurs, or by imprisonment for not more than one year in the County jail, or by both. If the conviction is for a violation committed after a first conviction of such person under this Section, punishment shall be by a fine of not more than fifty thousand dollars ($50,000.00) for each day in which such violation occurs, or by imprisonment for not more than two (2) years in the County jail, or by both.

2. Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with a Regional Water Quality Control Board or the State Water Resources Control Board, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required by the laws of the State shall be punished by a fine of not more than ten thousand dollars ($10,000.00), or by imprisonment in the County jail for not more than six (6) months, or by both.

F. Termination Of Service: The City may revoke any connection permit or any industrial wastewater discharge permit, or terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this Article is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this Article. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment. (Ord. 8903, 4-18-1989)

Every user of the POTW shall have an obligation to pay those charges set forth in the rate resolution, its discharge permit or this Article, as appropriate. (Ord. 8903, 4-18-1989)

ARTICLE E. WATER CONSERVATION

SECTION:

A. Definitions: Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this section:

DIRECTOR: The director of public works of the city of Lemoore.

PERSON: Any individual, firm, partnership, association, corporation or political entity.

WATER: Any water obtained from the water department of the city of Lemoore.

B. Application Of Regulations: The provisions of this section shall apply to all persons using city supplied water, both inside and outside of the city limits.

C. Regulations: In the use of water supplied by the city of Lemoore, the following requirements shall apply:

1. No person shall keep, maintain, operate, or use any water connection, hose, faucet, hydrant, pipe, outlet or plumbing fixture which is not tight and free from leakage, dripping or waste of water.

2. No person shall allow excessive water to run or waste from his property onto streets, highways or adjacent property.

3. No person shall wilfully or negligently waste water in any manner.

4. Outdoor watering for those with even numbered addresses will be permitted on Tuesday, Thursday and Saturday, while odd numbered addresses may water on Wednesday, Friday and Sunday. Monday will be a day on which no outdoor watering is allowed.

5. The public works director may grant a thirty (30) day exception for new lawns not yet established.

6. Prohibition of draining of swimming pools with a capacity in excess of five thousand (5,000) gallons more than once every two (2) years, except for structural repairs or to comply with public health standards determined by the county health officer. Residents with private swimming pools shall file a written application for a permit prior to draining their pools with the public works department. The application shall include information as to reason for draining the pool and in case of repairs, the nature and duration of repairs to be made and the date on which the pool will be drained.

7. Washing of exterior asphalt or concrete areas is prohibited except for those businesses that are governed by the food and drug administration or state or county health department requirements that require these areas to be washed for health purposes. Documentation indicating such regulations must be provided to the director.

8. The use of water for washing cars, boats or other vehicles is prohibited without the use of a quick acting positive shutoff nozzle on the hose and the use of buckets for washing with water from the hose used for light rinsing. These regulations apply to residential customers. Car washes for fundraising events are prohibited.

9. Sprinkle, irrigate or otherwise apply water to any yard, ground, premises or vegetation on any day of the week between the hours of ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M. during periods designated as "daylight savings time" (generally occurring between March and November). (Ord. 2015-06, 7-7-2015)

10. Operate water fountains or other decorative water fixtures with recirculation pumps. (Ord. 2017-10, 9-19-2017)

11. All new construction and remodeling or additions to habitable areas with a valuation in excess of five thousand dollars ($5,000.00) will be required to install or replace existing faucets and showerheads with low flow devices and toilets with ultra low flow units. (Ord. 2015-06, 7-7-2015)

This section should be known as "an ordinance of the City of Lemoore adopting the California model water efficient landscape ordinance, California Code of Regulations, title 23, division 2, chapter 2.7" and any amendments thereto by reference. (Ord. 2015-06, 7-7-2015)

It is necessary to minimize the potential for water shortage through the practice of water conservation pursuant to the provisions of California Water Code section 375 et seq. It is further necessary to reduce the potential effect of a water shortage on the residents, businesses and visitors of Lemoore and to adopt provisions that will significantly reduce the inefficient consumption of water, thereby extending the available water resources necessary for the domestic, sanitation, and fire protection of the community to the greatest extent possible. Nothing in this chapter shall prevent the City from also declaring a water emergency pursuant to California Water Code section 350, if circumstances warrant such a declaration. (Ord. 2015-06, 7-7-2015)

"Water customer", for the purposes of this chapter, shall mean any person, partnership, business, corporation, special district, public agency, or association or legal entity to which the City of Lemoore (City) supplies water or "user" of water supplied by the City. (Ord. 2015-06, 7-7-2015)

This article shall be applicable to all water customers. (Ord. 2015-06, 7-7-2015)

A. Exceptions: The City Manager or his or her designee shall grant an exception from the requirements of this chapter for any of the following reasons:

• 1. Water use is necessary to public health and safety or for essential government services; or
• 2. Recycled water is being used; or
• 3. Water use is necessary due to the medical needs of the water customer; or
• 4. An alternative water source/supply is available for use.

B. Exemptions: The City Council may grant an exemption to the requirements of this chapter, with or without conditions, if it determines that a water customer would otherwise experience extreme financial hardship that cannot be mitigated. The City Council shall review any requests for an exemption from compliance with this chapter. A written request for an exemption must be submitted to the City Clerk a minimum of two (2) weeks prior to the regularly scheduled Council meeting at which the exemption is to be considered. If appropriate, the City Council may require the customer granted an exemption to reduce water use by other appropriate alternative methods. Notwithstanding any other provision of this Code, there shall be no right to further administrative review or appeal of the determination of exemption of the City Council. The City Council may establish an "exemption processing fee" by resolution. (Ord. 2015-06, 7-7-2015)

The City Council may declare the conservation stage based on a determination made by the City Manager, or based upon any reduction in water supply or delivery that the City Council determines in its sole discretion necessitates water conservation pursuant to this chapter. The City Council may determine and order water prohibitions and restrictions as outlined herein in the following levels:

• Voluntary compliance

• Level I conservation measures

• Level II conservation measures

• Level III conservation measures

(Ord. 2015-06, 7-7-2015)

At this level of the conservation plan, the goal is to inform the public of the pressing need to conserve water. This can be done through information and education measures, which can directly affect water use habits of the city's customer base. While education alone may not produce sustained water savings like other measures, it can enhance the effectiveness of other measures. Water bill inserts, pamphlets upon request, partnering with local schools to encourage water conservation practices, creating workshops for local plumbers, plumbing fixture suppliers, and builders or landscape and irrigation service providers are all examples of education and information measures the city can implement.

The goal of this measure is to have residents and businesses voluntarily comply with best practice water conservation measures, with the goal of reducing average water consumption by twenty percent (20%). Water tanks and wells will be monitored by the water department.

Additionally, landscape watering for municipal parks will be reduced from six (6) to four (4) days or less per week. (Ord. 2015-06, 7-7-2015)

When pumping water levels drop twenty percent (20%) below the baseline measurement, the following restrictions shall apply in addition to or supersede the standard water conservation measures listed in section 7-7E-1 of this article:

A. Reduce the number of days for landscape watering to two (2) days per week. Even numbered addresses would be allowed to water on Tuesday and Saturday while odd numbered addresses would water on Wednesday and Sunday. No watering would be allowed on Monday, Thursday or Friday. Additionally, landscape watering would only be authorized before ten o'clock (10:00) A.M. and after seven o'clock (7:00) P.M. on designated days.

B. Hotels, restaurants, and bars shall only provide drinking water to customers upon request.

C. No water customer shall permit water to leak on his or her premises. Such leak shall be repaired in a timely manner after written notification by the city, but in no case in excess of seventy two (72) hours after notification.

D. Reduce landscape watering for municipal parks to two (2) days or less per week. (Ord. 2015-06, 7-7-2015)

The following restrictions shall be applicable during a high water conservation alert as declared by the city council and whenever a recommendation has been made by the city manager in conjunction with the chief plant operator of the water treatment plant based upon a significant reduction or interruption in water supply or delivery that necessitates increased water conservation efforts:

A. All prohibitions and restrictions in level I (section 7-7E-9 of this article) shall be in effect.

B. Reduce the number of days for landscape watering to one day per week, depending upon the type of irrigation and the address. The city would be divided into three (3) sections: one section would be all of the area on the east side of Lemoore Avenue, another section would be the area north of Cinnamon Drive from 191/2 Avenue to Lemoore Avenue and the third section would be the area south of Cinnamon Drive to the west city limits. Watering between the hours of ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M. is still prohibited.

C. The washing of personal vehicles is restricted to once per week, only on permitted watering days, and only with the use of the required quick acting positive shutoff nozzle.

D. Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels.

E. Landscape watering for municipal parks is restricted to one day per week and restrictions shall be implemented on golf course watering. (Ord. 2015-06, 7-7-2015)

In the event of a major earthquake, large scale fire, or other so called "act of nature" which has or could have serious impacts on the city's total available water storage or delivery capacity, whether storage capacities have been reduced or not, or in the case of an unanticipated significant reduction in city water supply, a severe water conservation alert shall be declared by the city council.

A. All previous restrictions noted above in level I and level II shall be in effect.

B. Irrigation of landscapes is prohibited between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.

C. Landscape watering for municipal parks shall be limited to one day per week.

D. Swimming pool refilling or new construction swimming pool filling is not authorized.

E. The city shall discontinue washing city vehicles or equipment except for health, safety or critical maintenance reasons.

F. Restrictions on golf course watering shall be increased. (Ord. 2015-06, 7-7-2015)

A. Use Of Water: No water customer of the city shall knowingly use, or permit the use of, water in a manner contrary to any provisions of this article, or in an amount in excess of that use permitted by the provisions of this article.

B. Violation; Infraction: Unless otherwise provided, any water customer violating any provision of this article shall be guilty of an infraction, and each day or portion thereof such violation is in existence shall be a new and separate offense.

C. Violations: Any water customer determined to be guilty of a first time violation shall be given a written reminder for compliance. Second and subsequent violations shall be punishable as follows:

1. Standard Conservation Measures And Level I Conservation Measures: A written notice of such a violation shall be given and a charge shall be added to the water bill of such person as a onetime penalty as follows:

a. Second violation: Twenty five dollars ($25.00).

b. Third violation: Fifty dollars ($50.00).

c. Fourth violation: One hundred dollars ($100.00).

d. Fifth violation: A written notice will be given of a fifth violation and the consumer shall have a flow restrictor placed in their service until such time that they can assure the public works director that no more waste will occur. All costs, including overhead, for this installation shall be billed to the customer.

2. Level II Conservation Measures: A written notice of such a violation shall be given and a penalty shall be added to the water bill of such person as a onetime penalty as follows:

a. Second violation: Forty dollars ($40.00).

b. Third violation: Seventy five dollars ($75.00).

c. Fourth violation: One hundred fifty dollars ($150.00).

d. Fifth violation: A written notice will be given of a fifth violation and the consumer shall have a flow restrictor placed in their service until such time that they can assure the public works director that no more waste will occur. All costs, including overhead, for this installation shall be billed to the customer.

3. Level III Conservation Measures: A written notice of such a violation shall be given and a penalty shall be added to the water bill of such a person as a onetime penalty as follows:

a. Second violation: Fifty five dollars ($55.00).

b. Third violation: One hundred dollars ($100.00).

c. Fourth violation: Two hundred dollars ($200.00).

d. Fifth violation: A written notice will be given of a fifth violation and the consumer shall have a flow restrictor placed in their service until such time that they can assure the public works director that no more waste will occur. All costs, including overhead, for this installation shall be billed to the customer.

D. Determination Of Number Of Offenses: To determine whether a violation is other than a first offense, only notices issued within one year after the date of the first notice will be considered.

E. Enforcement Of Penalties: In addition to the above remedies, the city manager or his or her designee is empowered to enforce any or all of the following penalties:

• 1. Place a flow restricting device upon the water service;
• 2. Lock off of a water meter;
• 3. Remove a water meter;
• 4. Shut off the service connection.

F. Costs Borne By Customer: All costs or expenses incurred by the city for enforcement of this section shall be borne by the water customer. No water service shall be limited or discontinued until the city manager or his or her designee provides a written notice of intent to so limit or discontinue such service and the reasons for such decision, and further, provides such water customer notice of the right to request an administrative review and hearing pursuant to the procedures set forth in title 1, chapter 10 of this code. (Ord. 2015-06, 7-7-2015)

The city manager or his or her designee shall enforce the provisions of this article. (Ord. 2015-06, 7-7-2015)

To apply for a full or partial waiver of the mandatory water conservation requirements to accommodate your disability, you must submit a letter explaining your need for additional water use based on your disability. Send your letter requesting a waiver of the mandatory water conservation requirements to the city manager.

The city will consider each application for a full or partial waiver of the water restrictions on an individual basis. The city may request that you provide medical information to support your need for an exemption to the current water restrictions. Responses to waiver requests will be provided in thirty (30) days. All waiver requests that have been granted are subject to review and cancellation. If any waivers are obtained based on inaccurate information, applications may be subject to fines and additional charges. (Ord. 2015-06, 7-7-2015)