Lindsay Municipal Code § 13.16 Sewer Construction, Sewer Use And Industrial Wastewater Discharge

The purpose of this chapter is to provide for the maximum possible beneficial public use of city facilities through adequate regulation of sewer construction, sewer use and industrial wastewater discharges, to provide for equitable distribution of the city costs, and to provide procedures for complying with requirements placed upon the city by other regulatory agencies.

(Ord. 357 § 101, 1978)

1. This chapter shall be interpreted in accordance with the definitions set forth in Section 13.16.040.
2. The provisions of this chapter shall apply to the direct or indirect discharge of all liquid carried wastes to facilities of the city. This chapter among other things provides for the regulation of sewer construction in areas within the city, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction, the issuance of permits for industrial wastewater discharge and of other miscellaneous permits and the establishment of penalties for violation of this chapter.

(Ord. 357 § 102, 1978)

This chapter regulating sewer construction, sewer use and industrial wastewater discharges shall supersede all previous regulations and policies of the city governing items covered in this chapter.

(Ord. 357 § 104, 1978)

The definitions given in this section shall be used in the interpretation of this chapter, the issuance of permits, the making of charges for service and all other operations of this chapter unless another meaning for the word is apparent from the context.

1. "Ad valorem tax" means the tax levied for the benefit of an individual city on the assessed value of property within its boundaries.
2. "Assessed value" means that portion of the total assessed value of the property upon which individual city taxes are levied.
3. "BOD" or "biochemical oxygen demand" means the measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at twenty degrees Centigrade and as determined by the appropriate procedure in the standard methods.
4. "Chlorine demand" means the difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a thirty-minute period as determined by the procedures given in the standard methods.
5. "City" means the city of Lindsay, Tulare County, California.
6. "COD" or "chemical oxygen demand" means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in the standard methods.
7. "Council" or "city council" means the city council of the city of Lindsay.
8. "County" means the county of Tulare.
9. "Discharger" means the person that discharges or causes a discharge to a public sewer.
10. "Dissolved solids" or "dissolved matter" means the solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in the standard methods.
11. "Domestic wastewater" means the water carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.
12. "Effluent" means the liquid overflow of any facility designed to treat, convey or retain wastewater.
13. "Engineer" means the consulting engineer of the city.
14. "Gravity separation interceptor" means any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer.
15. "House connection" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater.
16. "Industrial connection sewer" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.
17. "Industrial wastewater" means all water carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.
18. "Inspector" means a person authorized by the city to inspect wastewater generation, conveyance, processing and disposal facilities.
19. "Lateral sewer," "collecting sewer" or "main line sewer" mean the public sewer six inches or larger in diameter and used to collect wastewater from house connection and industrial connection sewers and transport it to trunk sewers. Lateral, collecting or main line sewers are normally built and maintained by the city.
20. "Ordinance" means, unless otherwise specified, this chapter.
21. "Peak flow rate" means the average rate at which wastewater is discharged to a public sewer during the highest thirty-minute flow period in the preceding twelve months.
22. "Person" means any individual, partnership, committee, association, corporation, public agency and any other organization or group of persons, public or private.
23. "Public corporation" means this state and any political subdivision thereof, any incorporated municipality therein, any public agency of the state or any political subdivision thereof, or any corporate municipal instrumentality of this state.
24. "Public sewer" means any sewer dedicated to public use and whose use is controlled by a public corporation.
25. "Radioactive material" means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.
26. "Section" means a section of this chapter.
27. "Sewage" means wastewater.
28. "Sewage pumping plant" means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.
29. "Sewerage" means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.
30. "Sewerage system" means a network of wastewater collection, conveyance, treatment and disposal facilities interconnected by sewers, owned by the city.
31. "Shall" is mandatory and "may" is permissive.
32. "Solids wastes" means the nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.
33. "Standard methods" means the current edition of "Standard Methods for the Examination of Water and Watermaster" as published by the American Public Health Association.
34. "Suspended solids" or "suspended matter" means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in the standard methods.
35. "Trunk sewer" means a sewer constructed, maintained and operated by the city that conveys wastewater to the city's treatment facilities and into which lateral and collecting sewers discharge.
36. "Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal stormwater drainage system.
37. "User" means discharger, as defined in subsection 9 of this section.
38. "Wastewater" means the water carried wastes of the community derived from human or industrial sour

. "Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal stormwater drainage system. 37. "User" means discharger, as defined in subsection 9 of this section. 38. "Wastewater" means the water carried wastes of the community derived from human or industrial sources, including domestic wastewater and industrial wastewater. Rainwater, groundwater or drainage of uncontaminated water is not wastewater.

(Ord. 357 Appendix A, 1978)

1. The city operates a system of trunk and lateral sewers serving homes, industries and commercial establishments in the city.
2. The city builds and operates trunk and lateral sewers and wastewater treatment and disposal facilities. The following basic city policies apply to liquid waste discharges within the city boundaries:
3. Generally, liquid wastes originating within the city boundaries will be removed by the city sewerage systems provided the wastes will not:
4. Damage structures;
5. Create nuisances such as odors;
6. Menace public health;
7. Impose unreasonable collection, treatment or disposal costs on the city;
8. Interfere with wastewater treatment processes;
9. Exceed quality requirements set by regulatory government agencies; or
10. Detrimentally affect the local environment.
11. The highest and best use of the city sewerage system is the conveyance, treatment and disposal of domestic wastewater. The use of the city sewerage systems for industrial wastewater discharges is subject to further regulation by the city.
12. The city is committed to a policy of wastewater renovation and reuse in order to provide an alternate source of irrigation water supply and to reduce overall costs of wastewater treatment and disposal.
13. To comply with stated policies of the federal government and to permit the city to meet increasingly higher standards of treatment plant effluent quality, provisions are made in this chapter for the regulation of industrial wastewater discharges. This chapter establishes quantity and quality limitations on industrial wastewater discharges which may adversely affect the city sewerage systems or effluent quality.
14. Recovery and reuse procedures established by industrial wastewater discharges to meet the limitations set on their discharges will be preferred by the city over those procedures designed solely to meet wastewater discharge limitations. Methods providing for beneficial reuse of otherwise wasted resources shall be the approved method of industrial wastewater treatment wherever feasible.
15. Optimum use of the facilities of the city may necessitate that the engineer require that certain industrial wastewaters be discharged during periods of low flow in the sewerage systems of the city.

(Ord. 357 § 103, 1978)

13.16.II SEWERAGE CONSTRUCTION AND SEWER USE

1. No person, other than employees of the city or persons contracting to do work for the city, shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer over four inches in diameter, sewage pumping plant, pollution control plant or other sewerage facility within the city where existing or proposed wastewater flows will discharge directly or indirectly to facilities of the city without first obtaining approval of sewerage construction plans from the engineer.
2. Plans for sewerage construction shall meet all design requirements of the city and shall also meet all design requirements as established from time to time by the engineer.
3. The applicant shall submit to the engineer for approval, construction plans and such specifications and other details as required to describe fully the proposed sewerage facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state.
4. Plans for sewerage construction shall not be approved by the engineer for any facility which will convey industrial wastewater unless the discharger has first obtained a city permit for industrial wastewater discharge.
5. Inspection of all sewerage construction under this section shall be made by personnel of the city in the manner described in Section 13.16.080.
6. An approval of plans for sewerage construction shall expire one year after date of approval unless construction has been initiated.

(Ord. 357 § 301, 1978)

1. Any person desiring to connect a sewer six inches or smaller in diameter directly to a sewer of the city shall make written application to the city. The applicant shall furnish such information as required by the city to substantiate that the proposed work or use will comply with the provisions of this chapter.
2. Direct attachment of a sewer six inches or smaller in diameter to a sewer will be permitted only if the city determines that adequate sewer capacity exists, that the connection will function properly and that the connection will not adversely affect existing or anticipated facilities or operations of the city.
3. Sewers six inches or smaller in diameter to be attached directly to a sewer shall be constructed in a manner and at the location specified by the city. Inspection of the connections to a sewer shall be made by personnel of the city in the manner described in Section 13.16.080.
4. No sewer exceeding six inches in diameter shall be connected directly to a sewer without the prior approval of plans for sewerage construction, in accordance with Section 13.16.060.

(Ord. 357 § 302, 1978)

1. All sewers to be attached directly to a city sewer shall be inspected by personnel of the city during construction. At least forty-eight hours prior to cutting into a city sewer the city shall be notified. In making a connection to a sewer, no physical alteration of the city facilities shall commence until an inspector is present.
2. Sewerage facilities which will not be directly connected to a city sewer will not be inspected routinely by the city during construction. Upon completion of construction and prior to removal of the downstream bulkhead and upon receiving forty-eight hours' notice, the city will inspect the work to determine if it has been constructed in a satisfactory manner and to determine if all facilities are cleaned of construction debris that could be flushed into the city sewers.
3. No wastewater shall be discharged into any sewerage facility tributary to a city facility prior to obtaining inspection and approval of sewerage construction by the city.

(Ord. 357 § 303, 1978)

Approval of plans for sewerage construction and sewer connection permits are not transferable from one person to another person or from one location to another location.

(Ord. 357 § 304, 1978)

No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsurface drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the city.

(Ord. 357 § 305, 1978)

No industrial wastewaters shall be discharged into a city line until a permit for industrial wastewater discharge has been approved by the city.

(Ord. 357 § 306, 1978)

The work of adjusting manholes on city sewers to new grades will be performed by the contractor and in accordance with established procedures of the city. The person proposing or performing work necessitating the adjustment of manholes on city sewers to a new grade shall be responsible for notifying the city in advance of the work.

(Ord. 357 § 307, 1978)

1. The city reserves the right to inspect any existing lateral that discharges wastewater directly or indirectly to city sewers. If it is found that the lateral is improperly used or improperly maintained, thereby causing discharge of septic wastewater, excessive groundwater, debris or any other objectionable substance to the city sewers, the city will give notice of the unsatisfactory condition to the offending discharger and shall direct the condition to be corrected.
2. In cases of continued noncompliance with the city directive, the city may disconnect the offending sewer from the city sewerage system.

(Ord. 357 § 308, 1978)

1. No person shall discharge or cause to be discharged to a sewer, either directly or indirectly, any waste that creates a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or sewerage facilities of the city. Any excessive sewer or sewerage maintenance expenses or any other expenses attributable thereto will be charged to the offending discharger by the city.
2. Any refusal to pay excessive maintenance expenses duly authorized by the city shall constitute a violation of this chapter.

(Ord. 357 § 309, 1978)

13.16.III INDUSTRIAL WASTEWATERS

1. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a permit for industrial wastewater discharge.
2. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocations of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter.
3. No permit for industrial wastewater discharge is transferable without the prior written consent of the city.
4. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit should apply to the city for an amended permit.

(Ord. 357 § 401, 1978)

1. Applicants for a permit for industrial wastewater discharge shall complete an application form available at city hall. The application form and appurtenant plans and data shall be submitted to the city for review and approval. The city may require additional information on the characteristics of the wastewater discharge beyond that required on the application form.
2. Upon receipt of all required information, the application shall be processed and, upon approval, be signed by representatives of the city and one copy returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial wastewater discharge.
3. The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the city all requested information and if the engineer determines that there is adequate capacity in the city facilities to convey, treat and dispose of the wastewaters.

(Ord. 357 § 402, 1978)

The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city.

(Ord. 357 § 403, 1978)

1. The city may suspend a permit for industrial wastewater discharge for a period of not to exceed forty-five days when the suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the city sewerage system.
2. Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the city shall take such steps as are reasonably necessary to insure compliance.
3. Any suspended discharger may file with the city a request for council hearing in which event the city council shall meet within fourteen days of the receipt by the city of the request. The council shall hold a hearing on the suspension and shall either confirm or revoke their action. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in Section 13.16.390. At this hearing, the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf.
4. In the event that the council fails to meet within the time set forth in this section or fails to make a determination within a reasonable time after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action.
5. The city shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city.

(Ord. 357 § 404, 1978)

1. The city council may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provisions of this chapter. No revocation shall be ordered until a hearing on the question has been held by the city council. At this hearing, the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the discharger in accordance with Section 13.16.390 at least fifteen days prior to the date of hearing.
2. Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid carried wastes covered by the permit to any sewer or sewerage system of the city. The city may disconnect or permanently block from the public sewer the industrial connection sewer of any discharger whose permit has been revoked if the action is necessary to insure compliance with the order of revocation.
3. Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges and penalties and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge.

(Ord. 357 § 405, 1978)

1. In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen but will depend on the result of technical determinations and the actions of regulatory agencies. The list of constituents which may be regulated provides specific limits only where they are now reasonably well established. The other constituents in the list are presented with the objective of enumerating the type of wastes which will be regulated from time to time.
2. Except as provided in Section 13.16.210, no person shall discharge or cause to be discharged to a public sewer which directly or indirectly connects to the city sewerage systems, the following wastes:
3. Any gasoline, benzene, naphtha, solvent, fuel, oil or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewerage system;
4. Any waste containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system;
5. Any waste having a pH lower than 6.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the sewerage system;
6. Any solids or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers or other similar paper products, either whole or ground;
7. Any rainwater, storm water, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water;
8. Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;
9. Any nonbiodegradable cutting oils, commonly called soluble oil, which form persistent water emulsions;
10. Any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products;
11. Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewerage system;
12. Any waste with an excessively high concentration of cyanide;
13. Any unreasonably large amounts of undissolved or dissolved solids;
14. Any wastes with excessively high BOD, COD or decomposable organic content;
15. Any strongly odorous waste or waste tending to create odors;
16. Any wastes containing over 0.1 milligram per liter of dissolved sulfides;
17. Any wastes with a pH high enough to cause alkaline incrustations on sewer walls;
18. Any substance promoting or causing the promotion of toxic gases;
19. Any waste having a temperature of one hundred twenty degrees Fahrenheit;
20. Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes;
21. Any excessive amounts of chlorinate hydrocarbon or organic phosphorus-type compounds;
22. Any excessive amounts of deionized water, steam condensate or distilled water;
23. Any waste containing substances that may precipitate, solidify or become viscous at temperatures between fifty degrees Fahrenheit and one hundred degrees Fahrenheit;
24. Any waste producing excessive discoloration of wastewater or treatment plant effluent;
25. Any garbage or waste that is not ground sufficiently to pass through a three-eighths-inch screen;
26. Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes;
27. Any blow-down or bleed water from cooling towers or other evaporative coolers exceeding one-third of the makeup water;
28. Any single-pass cooling water;
29. Any excessive quantities of radioactive material wastes;
30. Recognizable portions of the human anatomy.
31. No person shall discharge or cause to be discharged to any public sewer which directly or indirectly connects to the city sewerage system any wastes, if in the opinion of the engineer the wastes may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, the local environment or create a public nuisance. The engineer, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment and disposal system available to accept the waste.

(Ord. 357 § 406, 1978)

Hospitals, clinics, offices of medical doctors and convalescent homes:

1. May discharge, through a city approved grinder installation with inlet size and design features suitable for its intended use and so constructed that all particles pass through a maximum three-eighths-inch opening, wastes of the following categories:
2. Wet organic kitchen wastes from food preparation and disposal but excluding all paper and plastic items;
3. Disposable hypodermic needles, syringes and associated articles following their use;
4. Infectious wastes, defined as:
5. Laboratory and surgical operating room wastes except as excluded in subsection B2 of this section,
6. Wastes from outpatient areas and emergency rooms similar to those included in paragraph a of this subdivision,
7. Equipment, instruments, utensils and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated by public health agencies.
8. Shall not discharge to the sewer by any means:
9. Solid wastes generated in the rooms of patients who are not isolated because of a suspected or diagnosed communicable disease;
10. Recognizable portions of the human anatomy;
11. Wastes excluded by other provisions of this chapter except as specifically permitted in subsection A of this section;
12. All solid wastes not included in subsection A of this section.

Nothing in this section shall be construed to limit the authority of the county health officer to define wastes as being infectious and, with the concurrence of the city, to require that they not be discharged to the sewer.

(Ord. 357 § 407, 1978)

If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility.

(Ord. 357 § 408, 1978)

1. An industrial wastewater pretreatment system or device may be required by the city to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents to distribute more equally over a longer time period any peak discharges or industrial wastewaters or to accomplish any pretreatment result required by the engineer. All pretreatment systems or devices shall be approved by the engineer but the approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the city. All pretreatment systems judged by the engineer to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state.
2. Normally a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses or multi-use structures shall not discharge directly to the sewer, but shall first discharge to a gravity separation interceptor.

(Ord. 357 § 409, 1978)

1. All domestic or sanitary wastewaters from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device.
2. A control manhole of a design approved by the engineer shall be furnished and installed by certain designated industrial wastewater dischargers to facilitate inspection, sampling and flow measurements by personnel of the city. This control manhole shall be located off the industrial premises or if within the plant fence, a special locked gate adjacent to the manhole and at a location approved by the city shall be provided, with keys to the gate lock given to the city. Unrestricted access to this control manhole shall be available to authorized personnel of the city at all times. The control manhole may be used as a junction manhole for domestic sewage and industrial wastes provided the junction occurs downstream of the sampling or flow measuring point.

(Ord. 357 § 410, 1978)

1. Periodic measurements of flow rates, flow volumes, COD and suspended solids for use in determining the annual industrial wastewater treatment surcharge and the measurements of other constituents believed necessary by the engineer shall be made by all industrial wastewater dischargers, unless specifically relieved of the obligation by the city. All sampling, analyses and flow measurements of industrial wastewaters shall be performed by a state certified independent laboratory or by a laboratory of an industrial discharger approved by the engineer. Prior to submittal to the city of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under penalty of perjury.
2. All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in the standard methods. If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the engineer shall be used to measure wastewater constituents. Any independent laboratory or discharger performing tests shall furnish any required test data or information on the test methods or equipment used, if requested to do so by the engineer.
3. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the engineer and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the engineer. In lieu of wastewater flow measurement, the engineer may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.
4. The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the city. Sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel.
5. Those industrial wastewater dischargers required by the engineer to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least one twenty-four-hour measurement per year. Representative samples of the industrial wastewater shall be obtained at least once per hour over the twenty-four-hour period, properly refrigerated, composited according to measured flow rates during the twenty-four hours and analyzed for the specified wastewater constituents. Dischargers required to sample on only a few days per year shall sample during the period of highest wastewater flow and wastewater constituent discharges. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every working day. When required by the engineer, dischargers shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment. Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the city.

(Ord. 357 § 411, 1978)

1. Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate, or a quantity of flow, chemical oxygen demand or suspended solids significantly in excess of that stated on the industrial wastewater permit or in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges together with the penalty and interest provided for in Section 13.16.350. Before these charges shall be assessed, at least two additional twenty-four-hour samples and flow measurements shall be obtained by the city with all costs of sampling and analyses to be paid by the discharger.
2. For the purpose of establishing the correct treatment surcharge, the data obtained in these samplings along with any other relevant information obtained by the city or presented by the discharger, shall be used by the engineer in determining the quantity parameters for use in the surcharge formula. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter.

(Ord. 357 § 412, 1978)

The city may classify dischargers by industrial categories and establish an industrial wastewater treatment surcharge based upon average flow quality and flow quantity for the industrial category adjusted by some commonly recognized parameter selected by the city that establishes the relative size of the industrial discharger being charged.

(Ord. 357 § 413, 1978)

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to city facilities, detrimental effects on treatment processes or any other damages resulting in costs to the city shall be liable to the city for all damages occasioned thereby.

(Ord. 357 § 414, 1978)

13.16.IV USE REGULATIONS

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the city sewerage system shall be a violation of this chapter.

(Ord. 357 § 213, 1978)

1. Adequate identification shall be provided by the city for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.
2. Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the city sewerage system may be made by the engineer as he deems necessary. These facilities shall include but not be limited to sewers; sewage pumping plants; pollution control plants; all industrial processes; industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers; and all similar sewerage facilities. Inspections may be made to determine that the facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.
3. Access to all of the facilities set out in subsection B of this section or to other facilities directly or indirectly connected to the city sewerage system shall be given to authorized personnel of the city at all reasonable times including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the city and shall not be replaced.
4. No person shall interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the city sewerage system.

(Ord. 357 § 206, 1978)

The following rates will be charged for the use of the city's domestic sewer:

(Ord. 384 § 1, 1983)

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

(Ord. 357 § 208, 1978)

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

(Ord. 357 § 209, 1978)

1. The engineer will approve plans for sewerage construction, issue a permit for industrial wastewater discharge or any other permit under this chapter only if it appears to the engineer that the sewerage construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this chapter.
2. If requested to do so, the engineer will issue an inspection certificate indicating satisfactory completion of required work, when all work required by the approved plans or permit has been completed and approved by city inspectors.
3. All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate.
4. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter.

(Ord. 357 § 210, 1978)

1. Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger adversely affected by any decision, action or determination made by or on behalf of the city in interpreting or implementing the provisions of this chapter or any permit issued under this chapter, may file with the city a written request for reconsideration. The request shall be acted upon by the city within forty-five days from the date of filing.
2. The written appeal shall state all the pertinent aspects of the matter and shall be accompanied by a fee of two hundred dollars, which shall be refunded if the appeal is sustained. Within forty-five days after the written appeal is received, the city council shall hold a hearing on this matter. At this hearing, the discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. Notice of the hearing shall be given in accordance with Section 13.16.390 at least fifteen days prior to the date of hearing. Within forty-five days after the hearing is closed, the city council shall make a final ruling on the appeal.

(Ord. 357 § 211, 1978)

All fees and charges imposed under the provisions of this chapter are due and payable upon receipt of the notice of charges. Unpaid charges shall become delinquent forty-five days after mailing or delivering the notice of charges. A basic penalty charge of ten percent of the unpaid amount shall be added to any fee or charge that becomes delinquent. Interest at the rate of one percent per month shall accrue on the total of all delinquent charges plus all penalty charges.

(Ord. 357 § 212, 1978)

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

(Ord. 357 § 205, 1978)

At least thirty days before any formal consideration of an amendment to this chapter, the city shall notify, in writing, any person who has filed a request for notification with the city. The notice shall contain a brief description of the nature of the amendment to be considered and the time and place when formal action will be taken.

(Ord. 357 § 207, 1978)

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

(Ord. 357 § 201, 1978)

1. The city shall notify any person found to be in violation of this chapter or of any limitation or requirement of a permit issued under this chapter before the city takes any action to implement Sections 13.16.190 or 13.16.400 and the city shall take no such action until the elapse of ten days from the date notice is given.
2. Unless otherwise provided in this chapter, any notice required to be given by the city under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the city. Where the address is unknown, service may be made upon the owner of record of the property involved.
3. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

(Ord. 357 § 204, 1978)

1. Every person violating any provision of this chapter, including the failure to pay any fees, charges or surcharges imposed by this chapter, or any condition or limitation of a permit or plan approval issued pursuant thereto, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not to exceed one hundred dollars, imprisonment not to exceed thirty days, or both.
2. Each day during which any violation continues shall constitute a separate offense punishable as provided in subsection A of this section.

(Ord. 357 § 202, 1978)