Livingston Municipal Code Ch. 6 Sewer Service Systems

(A) This chapter establishes procedures and requirements for the use of the city’s wastewater collection (sanitary sewer), treatment and disposal facilities. These requirements are necessary to protect the health and safety of the citizens of the service area and to assure compliance with applicable portions of the Federal Water Pollution Control Act, being 33 U.S.C. §§ 1251 et seq., (Clean Water Act), the provisions of the clean water grant regulations, and the discharge requirements as set by the Regional Water Quality Control Board, Central Valley Region. This chapter regulates the use and construction of the wastewater collection system, the quality and quantity of the wastewater discharged to the system, and the issuance of permits prior to connections to the system and reserves to the city control over additions and expansions to the system.

(B) This chapter also establishes procedures for the equitable distribution of the costs of operating and maintaining the wastewater collection, treatment and disposal system, including the capital outlay, debt service costs, capital improvements and the replacement of equipment.

(Ord. 497, passed 6-20-2000)

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as defined in the American Society Of Civil Engineers’ Manual Of Engineering Practice No. 37 and the current edition of the book Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACT or THE ACT. The Federal Water Pollution Control Act, Also Known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.

APPLICANT. Any person or group of persons who applies for the use of the city’s wastewater collection, treatment and disposal system.

BOD. A five-day biochemical oxygen demand at 20°C expressed in milligrams per liter (mg/l), determined according to the current edition of standard methods.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 C.F.R. chapter I, subchapter N, parts 405 through 471.

CHLORINE DEMAND. The difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a 30-minute period as determined by the procedures given in standard methods.

CITY. The City of Livingston and its representative.

CITY COUNCIL or COUNCIL. The City Council of the City of Livingston.

CITY MANAGER. The City Manager of the City of Livingston, or the Manager’s representative.

COMMERCIAL GARBAGE GRINDER. A mechanical unit for pulverizing large quantities of waste by a commercial user.

CONNECTION. The physical attachment of a building premises fixture, plumbing system, trap or another facility discharging wastewater to a city sewer.

CUSTOMER. Any person connected to the city’s wastewater collection, treatment and disposal system.

DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city or his or her representative.

DISSOLVED SOLIDS or DISSOLVED MATTER. 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 standard methods.

DOMESTIC WASTEWATER. The water carried wastes produced from commercial or nonindustrial activities and which result from normal human living processes.

EFFLUENT. The liquid outflow of any facility designed to treat, convey or retain wastewater.

EMERGENCY. A situation, which reasonably appears to present an imminent endangerment to the health or welfare of persons, or the environment, or which threatens to interfere with the operation of the city’s publicly owned treatment works (POTW).

ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

FIXTURE. A lavatory, tub, shower, water closet, garbage disposal or other facility connected by a private plumbing system to the sewer.

FIXTURE UNIT. The flow producing effect of different fixtures on the collection system as defined by the Uniform Plumbing Code, latest edition, published by the International Association Of Plumbing and Mechanical Officials.

GARBAGE. Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage, processing and sale of produce.

GRAB SAMPLE. A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

GRAVITY SEPARATION INTERCEPTOR. 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 POTW.

GREASE, OIL AND FAT. Any material, or like material, that is soluble in petroleum ether.

INDUSTRIAL USER. Any person who discharges nondomestic wastewater to the POTW or any other system tributary thereto.

INDUSTRIAL WASTEWATER. All water carried wastes and wastewater discharged by any person, 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, including, but not limited to, water softening regeneration plants.

INSPECTOR. A person authorized by the Director of Public Works to inspect wastewater generation, conveyance, processing and disposal facilities.

INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

1. Inhibits or disrupts the POTW, including its collection system, treatment processes or operations, or its sludge processes, use or disposal; and

2. Results in a cause of violation of any requirement of the city’s waste discharge requirements (including, without limitation, an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with all applicable statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations) including, without limitation, § 405 of the Clean Water Act, being 33 U.S.C. § 1345, the Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq., (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., and the Marine Protection, Research and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.

LOCAL LIMIT. Any requirement or prohibition against pollutant discharges from any nondomestic user, as established by the city, to address federal standards as well as state and local regulations.

MEDICAL WASTE. Any isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD or STANDARD. Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance with § 307(b) and (c) of the Clean Water Act, being 33 U.S.C. § 1317(b) and (c), which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.

NEW SOURCE.

1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants (the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Clean Water Act, being 33 U.S.C. § 1317(c), which will be applicable to such source if such standards are thereafter promulgated in accordance with that section) provided that:

(a) The building, structure, facility or installation is constructed at a site at which no other source is located;

(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(c) The production or wastewater generating process of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection 1.(b) or 1.(c) of this definition but otherwise alters, replaces or adds to existing process or production equipment.

3. Construction of a NEW SOURCE has commenced if the owner or operator has:

(a) Begun, or caused to begin as part of a continuous on site construction program:

(1) Any placement, assembly or installation of facilities or equipment; or

(2) Significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.

(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

PASS-THROUGH. A discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the city’s waste discharge requirements (including an increase in the magnitude or duration of a violation) established for the reuse or disposal of effluent or sludge.

PEAK FLOW RATE. The average rate at which wastewater is discharged to a public sewer during the highest 30-minute flow period in the preceding 12 months.

PERMIT. A written authorization by the Director of Public Works to connect to and discharge to the city’s wastewater collection, treatment and disposal system in accordance with the provisions of this chapter or any other ordinance or regulations of the city.

PERSON. Any individual, partnership, association, corporation, limited liability company, public agency and any other organization or group of persons, public or private.

POLLUTANT. Any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the city or the regulatory bodies empowered to regulate the city.

PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

PROPERLY GROUND GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

PUBLICLY OWNED USC TREATMENT WORKS or POTW. A “treatment works”, as defined by § 212 of the Clean Water Act (33 U.S.C. § 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

RADIOACTIVE WASTE. Wastes that contain chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.

REGIONAL ADMINISTRATOR. The Region IX of the United States Environmental Protection Agency.

REGIONAL WATER QUALITY CONTROL BOARD or RWQCB. California Regional Water Quality Control Board, Central Valley Region.

REVENUE PROGRAM. The system of charges and fees established for the use of the city’s wastewater collection, treatment and disposal system and all supporting data used in determining such charges and fees.

SIU. Significant industrial user (see definition of SIGNIFICANT INDUSTRIAL USER).

SEWAGE (WASTEWATER). A combination of wastes and water, including industrial wastewater, whether treated or untreated, from residences, commercial buildings, institutions and industrial establishments, which are discharged into the sewer.

SEWER. A pipe or conduit for holding and carrying wastewater, including the manholes and all other appurtenant facilities which are necessary or convenient to the holding or carrying of wastewater.

SIGNIFICANT INDUSTRIAL USER.

1. Except as provided in subsection 2. of this definition, the term SIGNIFICANT INDUSTRIAL USER means:

(a) All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N; and

(b) Any other industrial user that:

(1) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater);

(2) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or

(3) Is designated as such by the Director of Public Works on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 C.F.R. § 403.8(f)(6)).

2. Upon a finding that an industrial user meeting the criteria in subsection 1.(b) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a written request from an industrial user, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such industrial user is not a significant industrial user.

SLUG. Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flows, exceeds, for any period of duration longer than 15 minutes, more than five times its average hourly concentration or flow.

SOLID WASTES. Nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.

STANDARD METHODS. The current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.

STORMWATER. Waters other than wastewater, including, but not limited to, rainwater, street drainage, roof drainage or yard drainage.

SUSPENDED SOLID. Solids that either float on the surface of, or are in suspension in, water, sewage, wastewater or other liquids and which are removable by laboratory filtration. This is also called SUSPENDED MATTER in standard methods.

TRAP. Any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious, or prohibited constituents from wastewater by differential gravity separation or mechanical separation before discharge to the sewer.

UNPOLLUTED WATER LIQUID.

1. Any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalis; substances that may impact taste and odor or color characteristics; or toxic or poisonous substances in suspension, colloidal state, or solution.

2. UNPOLLUTED WATER OR LIQUID shall contain not more than 500 parts per million of dissolved solids, and not more than 25 parts per million each of suspended solids or biochemical oxygen demand, or meet the most recent requirements for secondary treatment defined by the State Water Resources Control Board. Any analytical determination shall be made in accordance with the procedures set forth in the current edition of standard methods. Any water having contact with potential pathogen sources shall be considered to be polluted.

USER. Industrial user (see definition of INDUSTRIAL USER).

WASTE. Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.

WASTE DISCHARGE REQUIREMENTS. Requirements issued to the city by the California Regional Water Quality Control Board for disposal of treated wastewater pursuant to Cal. Water Code § 13263.

WASTE DISPOSAL MANAGER. The person so designated by the Director of Public Works.

WASTEWATER. See definition of SEWAGE (WASTEWATER).

WATER SOFTENER. A unit using the ion exchange process removing hardness from a water supply and requiring sodium chloride to regenerate the exchange bed.

(Ord. 497, passed 6-20-2000)

(A) It is unlawful for any person to cause, suffer or permit the disposal of wastewaters, human excrement or other liquid wastes in any place or manner except through and by means of a plumbing and wastewater collection system which has been approved by the Director of Public Works.

(B) Stormwater, groundwater, rainwater, street drainage, subsurface drainage or yard drainage shall not be discharged through direct or indirect connections to the sewer. Such waters may be discharged to the storm sewer.

(Ord. 497, passed 6-20-2000)

It is unlawful to construct within the city any privy, privy vault, septic tank, cesspool or other facility designed or intended to be utilized for the disposal of wastewater, except in those cases where the property line is more than 200 feet from a city sewer. Existing systems which are functioning properly may be used and pumped, but repairs, additions or alterations shall be prohibited. At the time a repair, addition or alteration is required, the system shall be abandoned and a connection made to the city sewer.

(Ord. 497, passed 6-20-2000)

(A) 1. Information submitted to the city pursuant to this chapter may be identified as confidential by the submitter. Any such identification must be asserted at the time of submission of the information by placing the words “Confidential Business Information” on each page containing such information.

2. If no identification is made at the time of submission, the city may make the information available to the public without further notice.

3. If confidentiality identification is asserted, the information will not be made available to the general public except as may be required by federal, state or local law, ordinances, rules or regulations.

(B) Any and all information and data provided to the city pursuant to this chapter which is effluent data shall be available to the public without restriction and without further notice. EFFLUENT DATA means:

1. Information necessary to determine that identity, amount, frequency, concentration, temperature or other characteristics of any wastewater which has been discharged into the sewer;

2. Information necessary to determine the identity, amount, frequency, concentration, temperature or other characteristics of wastewater which, under an applicable standard or limitation, the source was authorized to discharge; and

3. A general description of the location and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation or operation constituting the source).

(C) Notwithstanding the above, the following information shall be considered to be effluent data to the extent necessary to allow the city to disclose publicly that a source is (or is not) in compliance with the provisions of this chapter or to allow the city to demonstrate the feasibility, practicability or attainability (or lack thereof) of an existing or proposed standard or limitation:

1. Information concerning research, or the results of research, or any product, method, device or installation (or any component thereof) which was produced, developed, installed and used only for research purposes; and

2. Information concerning any product, method, device or installation (or any component thereof) designed or intended to be marketed or used commercially but not yet so marketed or used.

(Ord. 497, passed 6-20-2000)

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements. No person shall discharge, deposit, throw, cause, allow or permit to be discharged into any public sewer or plumbing fixture connected to the sewer any of the following described materials:

(A) Any solids, liquids or gases which by themselves or by interaction with other substances may cause fire or explosion hazards or in any other way be injurious to persons, property or the operation of the sewer including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 C.F.R. § 261.21;

(B) Any noxious or malodorous solids, liquids or gases which, either singly or by interaction with other substances, are capable of creating a public nuisance or hazard to life, public health or safety, or preventing entry into sewers for their maintenance and repair;

(C) Any solids, greases, slurries or viscous material of such character or in such quantity that, in the opinion of the Director of Public Works, may cause an obstruction to the flow in the sewer or otherwise interfere with the proper functioning of the POTW;

(D) Any toxic substances, chemical elements or compounds in quantities sufficient, in the opinion of the Director of Public Works, to impair the operation or efficiency of the POTW or that will pass through the POTW, and cause the effluent thereof to exceed the waste discharge requirements;

(E) Any garbage, except properly ground with a mechanical garbage grinder;

(F) Any sand, earth, ashes, mud, cement, broken glass, cinders, feathers, straw, shavings, metal, rags, tar, wood, meat processing plant wastes, such as animal skins, intestines, fleshings and paunch materials retained on a screen having eight meshes per inch each way, or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation or maintenance of the POTW;

(G) Any septic tank or cesspool waste, except as authorized by the waste disposal manager for disposal at the septage receiving station at the POTW;

(H) Any radioactive wastes. In the event of an accidental spill of radioactive material into any public sewer, the person responsible shall:

1. Immediately notify the waste disposal manager; and

2. Render such technical or other assistance to the city within its power to prevent the POTW from becoming contaminated with radioactivity;

(I) Any petroleum oil, or refined petroleum products, nonbiodegradable cutting oil, commonly called soluble oil, products of mineral origin in amounts that will cause interference or pass-through in the sewerage system or POTW;

(J) Trucked or hauled wastes or pollutants, except at discharge points designated by the city;

(K) Wastewater having a temperature of 150°F or higher, or which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater which causes the temperature at the introduction to the POTW to exceed 104°F or 40°C;

(L) Wastewater having a pH less than 6.0 or more than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment;

(M) Pollutants, including oxygen demanding pollutants (BOD and the like), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

(N) Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in amounts that will cause interference or pass-through in the sewerage system or POTW;

(O) Any gasoline, benzene, naphtha, fuel oil, or other inflammable or explosive liquid or gas;

(P) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

(Q) Sludges, membrane retentates, spent chemical solutions or other wastes generated during the reclamation, recycling, purification or recovery of water, chemical solutions, brines or other industrial process flow streams;

(R) Wastewater causing two readings on an explosion hazard meter at the point of discharge into, or at any point in, the city’s sewerage facilities of more than 10% or any single reading over 5% of the lower explosive limit of the meter; and

(S) Medical wastes, except as specifically authorized by the city in a wastewater discharge permit.

(Ord. 497, passed 6-20-2000)

(A) Local limits. The following pollutant limits are established to protect against materials which are toxic to humans, animals, the local environment or which will cause interference or pass-through in the sewerage system. No person shall discharge wastewater containing in excess of the following:

1. The above limits may be revised from time to time by the city as may be deemed necessary to protect the sewerage system and POTW from interference and pass-through, or as may be required by the applicable federal, state or local pretreatment standards.

2. The Director of Public Works may impose more restrictive standards or requirements on a discharge he or she deems necessary to comply with the objectives of this chapter, specific prohibitions or the terms of the city’s waste discharge requirements.

3. The Director of Public Works may authorize discharges containing higher concentrations on a site specific basis, provided that the concentrations of such discharges shall not cause pass-through or interference. Upon approval by the Director of Public Works, site specific limitations shall be established through the terms specified in the industrial user’s industrial wastewater discharge permit. The Director of Public Works may impose mass limitations in addition to, or in place of, concentration based limitations, due to reduced water usage by an industrial user.

(B) Slugs and equalized discharges. No person shall cause the discharge of slugs of water or wastes. Each person producing a discharge of a slug into the public sewers shall construct and maintain, at his or her own expense, a suitable storage and flow control facility to ensure the equalization of the discharge over a 24-hour period. Such facility shall have a capacity of at least 80% of the total normal volume discharged during a 24-hour production period, unless a smaller size is approved by the Director of Public Works, and the outlet to the sewer shall be equipped with a rate discharge controller or other device approved by the Director of Public Works, the regulation of which shall be directed by the Director of Public Works.

(C) Special agreements. No statement contained in this chapter shall be construed as prohibiting any special agreement or arrangement between the city and any person whereby an industrial wastewater of unusual strength or character may be admitted to the POTW, either before or after pretreatment, when in the opinion of the Director of Public Works, unusual or extraordinary circumstances compel special terms and conditions. No special agreement or arrangement shall be allowed which, by reason of the admission of such wastes, would result in pass-through, interference or violation of any federal, state or local pretreatment standard. Any and all costs, expenses or fees incurred by the city shall be paid by the person.

(D) Dilution.

1. No user shall ever attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement.

2. The Director of Public Works may impose mass limitations on users who are using dilution to meet applicable standards or requirements.

(Ord. 497, passed 6-20-2000)

(A) Infectious wastes which have been rendered noninfectious prior to grinding as specified in the Cal. Health and Safety Code § 118215, from hospitals, clinics and mortuaries may be disposed into the city’s sewer system subject to the following limitations and requirements:

1. Pathologic specimens may not be disposed to the city’s sewer system;

2. The material shall be ground by an approved grinder having the capabilities of meeting or exceeding the following fineness: at least 40% shall pass a no. 8 sieve; at least 65% shall pass a no. 3 sieve; and 100% shall pass a three-eighths inch screen opening;

3. Ground organic kitchen waste from hospital food preparation and disposal facilities excluding all paper and plastic items may be discharged to the city’s sewer system;

4. Disposable hypodermic needles, syringes and associated articles following their use in hospitals, outpatient clinics, medical and dental offices and the like, may not be discharged to the city’s sewer system; and

5. The materials must not violate any other requirements of this chapter.

(B) The following shall not be discharged to the city sewer system by any means:

1. Solid wastes generated in the rooms of patients who are isolated because of a suspected or diagnosed communicable disease;

2. Any portions of the human anatomy; and

3. Wastes excluded by other provisions of this chapter except as specifically permitted in this section.

(C) Nothing in this section shall be construed to limit the authority of the health officer of Merced County to define wastes as being infectious.

(Ord. 497, passed 6-20-2000)

(A) Pretreatment facilities. Industrial users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set forth in this chapter within the time limits set by the Director of Public Works, the state or the EPA, whichever is the more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user’s sole expense. Detailed plans describing such facilities and operating procedures shall be prepared by a professional engineer registered in the state and submitted to the city for review, and shall be acceptable to the city before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter.

(B) Traps. Sand, grease and oil traps shall be provided when, in the opinion of the Director of Public Works, they are necessary for the proper handling of liquid wastes, sand or other harmful ingredients. All traps shall be of a type and capacity approved by the Director of Public Works and shall be so located as to be readily and easily accessible for cleaning and inspections.

(C) Additional pretreatment measures.

1. The admission into the sewer of any waters or wastes having:

(a) A BOD greater than 350 mg/l;

(b) Containing more than 350 mg/l of suspended solids; or

(c) Having the characteristics described in § 9-6-6 of this chapter or constituent levels in excess of those enumerated in § 9-6-7 of this chapter, shall be subject to the review and approval of the city.

2. When necessary in the opinion of the Director of Public Works the industrial user shall provide, at its expense, such pretreatment as may be necessary to:

(a) Reduce the BOD discharge to 350 mg/l and suspended solids to 350 mg/l;

(b) Reduce objectionable characteristics or constituents to within the maximum limits provided in § 9-6-7 of this chapter; or

(c) Control the quantities and rates of discharge of such water or wastes.

(D) Accidental discharge/slug control plan.

1. At least once every two years, the waste disposal manager shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The waste disposal manager may require any user to develop, submit for approval and implement such a plan. Alternatively, the waste disposal manager may develop such a plan for any user.

2. An accidental discharge/slug control plan shall address, at minimum, the following:

(a) Description of discharge practices, including nonroutine batch discharges;

(b) Description of stored chemicals;

(c) Procedures for immediately notifying the waste disposal manager of any accidental or slug discharge, as required by § 9-6-19(F) of this chapter; and

(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, salts and chemicals, and/or measures and equipment for emergency response.

(E) Salinity control plan. The Director of Public Works may require any industrial user to develop, submit, and implement a salinity control plan at any time. The salinity control plan shall address, at a minimum, the following:

1. Determinations or best estimates of the identities and approximate quantities of salts or sources of salinity used and discharged;

2. Descriptions of the major salting operations and locations of potential salt or salinity release points on site drawing;

3. Procedures for immediately notifying the waste disposal manager of any accidental or slug discharge, as required by § 9-6-19(F) of this chapter;

• 4. Description of the methods of salt or salinity waste removal and disposal;
• 5. Description of employee training program for salinity control;
• 6. Identification of person responsible for implementation of the salinity control plan; and

7. Description of best management practices (BMPs) normally utilized by the industrial user to control salinity discharges.

(Ord. 497, passed 6-20-2000)

Any person desiring to use the city sewer will be allowed to connect to the city sewer if the property discharging into the sewer is in the area served by the POTW and the following conditions are met:

(A) The effluent will meet the requirements of this chapter;

(B) A street cut permit is obtained;

(C) Payment of current connection fee;

(D) Repairs and connections to the sewers requiring excavations in streets shall be bonded as required by this code;

(E) Uses by residential, industrial or commercial establishments outside the city limits will not be granted if, in the opinion of the Director of Public Works, they will impair the usage of the sewer system or any part thereof by users within the city;

(F) 1. Enlargements, extensions or modifications of the city sewers for use by outside residential, industrial or commercial establishments shall be solely at the cost of such user. Such enlargements, extensions or modifications shall be constructed according to plans and specifications approved in advance of the construction by the Director of Public Works. Upon certification by the Director of Public Works that construction is complete and in accordance with approved plans and specifications, the city shall be granted an option to take title and full control of such facilities. Such option shall remain in effect until exercised by the city or as long as the facilities remain connected to the city’s sewerage system.

2. Until the city exercises its option to take full title, such enlargements shall be operated and maintained at the expense of such users, except by special agreement. All limitations and requirements established by this chapter shall apply to such enlargements, extensions or modifications whether operated by the city or the user;

(G) The failure or refusal of any user to comply with any condition of this chapter or of any contract granted pursuant to this chapter shall be sufficient grounds for cutting off its connections with the sewer system after five days’ notice thereof by the city;

(H) Maximum protection to the city shall be provided in the drafting of any contract, and all applicable provisions of this chapter shall be implied conditions of the contract; and

(I) Excepting industrial users, applicants shall apply at the office of the city building inspector. All applicants shall complete and submit the application form provided by the city. The city building inspector shall determine whether the connection is feasible before any sewer lateral construction is started and shall inspect connecting lines for installation in accordance with all applicable codes, rules, and regulations, including, without limitation, this code.

(Ord. 497, passed 6-20-2000)

The applicant shall bear all costs for the construction and installation of laterals for connecting private sewer facilities to the sewer. All such construction and installation shall be performed in accordance with all applicable codes, rules and regulations, including, without limitation, this code.

(Ord. 497, passed 6-20-2000)

Any person who discharges or causes the discharge of prohibited discharges or slug discharges which cause damage to the city’s POTW, detrimental effects on treatment processes or any other damages resulting in costs to the city, shall pay to the city the full costs of any and all damages occasioned thereby.

(Ord. 497, passed 6-20-2000)

(A) The Director of Public Works or the person(s) designated as inspector(s) shall have the right to enter the premises of any user to determine whether or not the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director of Public Works or inspector ready access to all parts of the premises for the purposes of inspection, conduct independent sampling, records examination and copying, and the performance of any additional duties.

(B) Adequate identification shall be provided by the Director of Public Works 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.

(C) Access to all of the facilities directly or indirectly connected to the POTW shall be given to persons authorized by the Director of Public Works at all reasonable times including those occasioned by emergency conditions.

(D) 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 Director of Public Works and shall not be replaced.

(E) No person shall unlawfully 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’s sewerage systems.

(Ord. 497, passed 6-20-2000)

Industrial wastewater discharge permits shall be issued under the following categories, as determined by the Director of Public Works after review of the permit application as described in § 9-6-17 of this chapter. The Director of Public Works may determine, upon review of the permit application, that no permit is required for certain small industries and commercial users.

(A) General industrial/commercial user permits.

1. General industrial/commercial user permits shall be issued to certain small industries and some commercial users whose individual discharges do not significantly impact the POTW, degrade wastewater quality or contaminate sludge.

2. Industries that have the potential to discharge a nondomestic or process waste stream, but at the present time discharge only sanitary waste, may also be included in this group.

(B) Significant industrial user (SIU) permits.

1. SIU permits shall be issued to those industries which are determined by the Director of Public Works to be significant industrial users (SIUs), as defined in § 9-6-2 of this chapter.

2. The Director of Public Works may require other users to obtain an SIU permit as necessary to carry out the purposes of this chapter.

(Ord. 497, passed 6-20-2000)

Information similar to that required for a significant industrial user (SIU) permit will be required for a general industrial/commercial user permit, and shall be furnished on forms to be provided by the city.

(A) General industrial/commercial user permits may contain the same information, conditions, or requirements as SIU permits.

(B) Violators of the conditions of the general industrial/commercial user permits shall be subject to the same penalties as SIU permit violators.

(Ord. 497, passed 6-20-2000)

(A) Permit required. No SIU shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to the POTW owned by the city without first obtaining an SIU permit from the city.

1. Conditions of permit. The Director of Public Works may require an SIU permit to include pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional costs to defray increased costs of the city created by the industrial wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter.

2. Pretreatment standards. Users in industrial categories subject to the categorical pretreatment standards developed by the EPA under the act are required to comply with pretreatment standards promulgated pursuant to § 307 of the Act, being 33 U.S.C. § 1317. The city may issue standards more stringent than the federal standards if the Director of Public Works determines that the limitations in the federal standards are not sufficient to:

(a) Protect the operation of the city’s POTW; or

(b) Protect the POTW from violating the water quality standards or effluent limitations specified in the POTW’s waste discharge requirements.

3. Self-monitoring requirements. The SIU permits shall contain self-monitoring requirements deemed necessary by the Director of Public Works to ensure compliance with city, state or federal rules and regulations and shall be submitted to the city for approval. The Director of Public Works may require any or all of the following:

(a) A schedule for complying with effluent limitations;

(b) Compliance schedule progress reports;

(c) A report on final compliance with effluent limitations and standards; and

(d) Periodic reports on continued compliance.

(B) Amended SIU permits.

1. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the SIU permit. Any person desiring to discharge industrial wastewaters or use facilities which are not in conformance with the SIU permit or desiring to change its discharge parameters, shall apply to the city for an amended permit. An amended permit shall be issued before discharging at limits in excess of the current permit limits. Additional connection fees will be assessed and paid, for the increase in permit limits, as provided by Council fee resolution.

2. New or increased contributions of pollutants to the city sewage system by industrial users, where such contributions do not meet applicable national pretreatment standards and the requirements set forth in this chapter or where such contributions would cause the city to violate its waste discharge requirements, are prohibited, and no amended permit shall be issued for such contributions.

(Ord. 497, passed 6-20-2000)

(A) Existing permitted industries; temporary permits.

1. All persons discharging industrial wastewater into the POTW prior to the effective date of this chapter and who have obtained a permit or approval on industrial wastewater discharge from the city, are granted a temporary permit to discharge industrial wastewaters.

2. This temporary permit shall expire six months from the date of written notification by the Director of Public Works that a new permit is to be obtained.

3. Prior to the expiration of the temporary permit, the industrial user shall apply for and obtain a new industrial wastewater discharge permit.

(B) Application procedure; conditions for approval.

1. Applicants for a permit for industrial wastewater discharge shall complete a city application form available at the office of the Director of Public Works. The city may require plans, specifications, lab analyses or additional information on the characteristics of the wastewater discharge beyond that required on the application form.

2. Any person signing the application statement submitted pursuant to this section shall make the following certification:

I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

3. Upon approval of the application and payment of the required fees as adopted by resolution of the City Council, an industrial wastewater discharge permit will be issued and the application, plans, specifications and data (the compliance schedule in the case of an interim permit) submitted in support will be considered as part of the permit.

4. (a) 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 Director of Public Works determines that there is adequate capacity in the POTW to convey, treat and dispose of the wastewaters.

(b) The city may deny any application for an industrial wastewater discharge permit.

(C) Duration. An industrial wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An industrial wastewater discharge permit may be issued for a period less than five years, at the discretion of the Director of Public Works. Each permit will indicate a specific date upon which it will expire.

(D) Change of restrictions.

1. The Director of Public Works may change the restrictions or conditions of an industrial wastewater discharge permit from time to time as circumstances may require.

2. The city shall allow an industrial user a reasonable period of time to comply with any changes in the industrial wastewater discharge permit required by the city.

(E) Suspension and conditions for reinstatement.

1. The Director of Public Works may suspend a permit for industrial wastewater discharge when such suspension is necessary in order to stop a discharge which presents an actual or threatened hazard to the public health, safety or welfare, to the environment or to the city’s POTW.

2. Any user notified of a suspension of its permit shall immediately cease and desist the discharge of all industrial wastewater to the POTW. In the event of a failure of the user to comply voluntarily with the suspension order, the Director of Public Works shall take such steps as are reasonably necessary to ensure compliance. In the event of an emergency, the city may terminate the discharge of all industrial wastewater to the POTW immediately. All sewer discharges from the user may be terminated if industrial and domestic wastewaters are combined prior to discharge to the city sewer.

3. The Director of Public Works shall reinstate the permit upon proof of satisfactory compliance with all discharge requirements of the city.

(F) Revocation. The Director of Public Works may revoke an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to provide written notification to the Director of Public Works of significant changes to the wastewater, at least 30 days prior to discharge to the sewer of the changed industrial wastewater;

2. Failure to provide prior notification to the Director of Public Works of changed conditions pursuant to § 9-6-19(E) of this chapter;

3. Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the Director of Public Works timely access to the facility premises and records;

• 7. Failure to meet effluent limitations;
• 8. Failure to pay connection fees;
• 9. Failure to pay fines and/or penalties;
• 10. Failure to pay sewer charges;
• 11. Failure to meet compliance schedules;

12. Failure to complete an industrial wastewater survey or the industrial wastewater discharge permit application;

13. Failure to provide 90 days’ prior written advance notice of the transfer of business ownership of a permitted facility; or

14. Violation of any pretreatment standard or requirement, or any provisions of:

(a) The industrial wastewater discharge permit;

(b) This chapter;

(c) This code; or

(d) Any applicable federal, state or local law, regulation, statute or ordinance.

(G) Permit nontransferability. Industrial wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership or substantially all the assets of the industrial user. All industrial wastewater discharge permits issued to a particular user are void upon the issuance of a new permit to that user.

(Ord. 497, passed 6-20-2000)

(A) Periodic measurements of flow rates, flow volumes, BOD and suspended solids for use in determining the monthly industrial wastewater treatment service charge and such measurements of other constituents believed necessary by the Director of Public Works shall be made by all industrial users, unless specifically relieved of such obligation by the Director of Public Works.

(B) All such sampling, analyses and flow measurements of industrial wastewaters shall be performed by a state certified independent laboratory, by a laboratory of an industrial user approved by the Director of Public Works or by personnel of the city. Prior to submittal to the city of data developed in the laboratory of an industrial user, the results shall be verified by a responsible administrative official of the industrial user under the penalty of perjury.

(C) All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in the federal guidelines establishing test procedures for the analysis of pollutants, 40 C.F.R. part 136, test procedures. If no appropriate procedure is contained therein, a procedure judged satisfactory by the Director of Public Works shall be used to measure indicated wastewater constituents. Any independent laboratory or industrial user performing tests shall furnish test data or information on the test methods or equipment used, if requested to do so by the Director of Public Works.

(D) All users 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 Director of Public Works and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the Director of Public Works. In lieu of wastewater flow measurement, the Director of Public Works 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.

(E) The minimum requirement for self-monitoring shall be at least two times per year for significant industrial users, whether or not they are subject to national categorical standards.

(F) Industrial users with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every day of operation. When required by the Director of Public Works, users shall install and maintain automatic flow proportional sampling equipment and/or automatic analysis and recording equipment, approved by the Director of Public Works.

(G) Each industrial user, including those subject to self-monitoring and reporting requirements, shall retain for a minimum of three years records of monitoring activities and results and shall make such records available upon request for inspection and copying by inspectors and other authorized personnel of the city. Such records shall be retained during the pendency of any litigation regarding industrial wastewater discharge or for such additional periods as may be requested by city, state or federal entities.

(H) Analyses of industrial wastewater as required for the enforcement of the provisions of this chapter and the determination of industrial user charges will be conducted at the discretion of the Director of Public Works by either the POTW laboratory or another laboratory approved by the Director of Public Works. The laboratory performing the analyses shall be certified by the state for the analyses performed.

1. The costs of sampling and analyses performed by the POTW laboratory shall be paid by the industrial user when, in the opinion of the Director of Public Works, because of the quantity or quality of the wastes discharged, a greater number of analyses than normal are required to ensure compliance with this chapter. The costs for sampling and analyses performed by another laboratory shall be paid by the industrial user.

2. Notwithstanding subsection (H)1. of this section, costs for sampling and analyses performed in the normal course of monitoring an industrial user, by the POTW laboratory shall be included as part of the sewer service rates established in the resolution of the City Council.

3. Charges for analyses completed by the POTW laboratory shall be commensurate with the rates charged by private laboratories for similar analyses.

(Ord. 497, passed 6-20-2000)

(A) Reporting requirements for industrial users subject to categorical pretreatment standards.

1. Base line monitoring reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 C.F.R. § 403.6(a), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the city a report which contains the information listed in subsections (A)1.(a) through (A)1.(g) of this section. If reports containing this information already have been submitted to the RWQCB or the regional administrator in compliance with the requirement of 40 C.F.R. § 128.140(b), the industrial user shall not be required to submit this information again. However, the industrial user shall provide the city with a copy of such report along with written verification from the RWQCB that such report items have been received by the RWQCB. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in subsections (A)1.(a) through (A)1.(e) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of anticipated flow and quantity of pollutants to be discharged.

(a) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners.

(b) Permits. The user shall submit a list of any environmental control permits held by or for the facility.

(c) Description of operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(d) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(1) Regulated process streams; and

(2) Other streams as necessary to allow use of the combined waste stream formula of 40 C.F.R. § 403.6(e) (see subsection (A)1.(e) of this section). The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(e) Measurement of pollutants.

(1) The user shall identify the pretreatment standards applicable to each regulated process.

(2) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or city) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.

(3) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The Director of Public Works may waive flow proportional composite sampling for any industrial user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates and the Director of Public Works agrees that this will provide a representative sample of the effluent being discharged.

(4) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection (A).

(5) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 C.F.R. § 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. § 403.6(e) this adjusted limit along with supporting data shall be submitted to the city.

(6) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the regional administrator determines that the 40 C.F.R. part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties, approved by the regional administrator.

(7) The Director of Public Works may allow the submission of a base line report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(8) The base line report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(f) Certification. The user shall submit a statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(1) Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) at the time the user submits the report required by subsection (A) of this section, the information required by subsections (A)1.(f) and (A)1.(g) of this section shall pertain to the modified limits.

(2) If the categorical pretreatment standards are modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) after the user submits the report required by subsection (A) of this section, any necessary amendment to the information requested by subsections (A)1.(f) and (A)1.(g) of this section shall be submitted by the user to the city within 60 days after the modified limit is approved.

(h) Base line monitoring reports. All base line monitoring reports must be signed and certified in accordance with § 9-6-17(B)2. of this chapter.

2. Compliance schedule progress reports. The following conditions apply to the compliance schedule required by subsection (A)1.(g) of this section:

(a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).

(b) No increment referred to above shall exceed nine months.

(c) The user shall submit a progress report to the Director of Public Works no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return the established schedule; and

(d) In no event shall more than nine months elapse between such progress reports to the Director of Public Works.

3. Report on compliance with categorical pretreatment standard deadline.

(a) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (A)1.(d) through (A)1.(f) of this section.

(b) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate.

(c) For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period.

(d) All compliance reports must be signed and certified in accordance with § 9-6-17(B)2. of this chapter.

4. Periodic reports on continued compliance.

(a) Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director of Public Works during the months of June and December of each year, unless required more frequently in the pretreatment standard or by the city or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in subsection (A)1.(d) of this section except that the city may require more detailed reporting of flows. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Director of Public Works may agree to alter the months during which the above reports are to be submitted.

(b) Where the city has imposed mass limitations on industrial users as provided for by 40 C.F.R. § 403.6(d), the report required by subsection (A)3.(a) of this section shall indicate the mass of pollutants by pretreatment standards in the discharge from the industrial user.

(c) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 C.F.R. § 403.6(c), the report required by subsection (A)3.(a) of this section shall contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection (A)3.(a) of this section shall include the user’s actual average production rate for the reporting period.

(d) All compliance reports must be signed and certified in accordance with § 9-6-17(B)2 of this chapter.

(B) Reporting requirements for significant industrial users not subject to categorical pretreatment standards.

1. The Director of Public Works shall require appropriate periodic reporting from those significant industrial users that are not subject to categorical pretreatment standards at least once every six months (on dates specified by the Director of Public Works). Such periodic reporting shall include a description of the nature, concentration and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with § 9-6-18(B) and (C) of this chapter.

2. This sampling and analysis may be performed by the city in lieu of the significant noncategorical industrial user. Where the POTW itself collects all the information required for the report, the noncategorical SIU will not be required to submit the report.

(C) Notice of violation; resampling requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city within two hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:

1. The city performs sampling at the industrial user’s facility at a frequency of at least once per month; or

2. The city performs sampling at the industrial user’s facility between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of this sampling.

(D) Notice of potential problems, including slug discharge. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause operational problems or damage to the POTW, the industrial user shall notify the POTW immediately by telephone, followed with a written notification. Said written notification identifying the reasons for the discharge and the procedures taken or to be taken to eliminate the discharge and eliminate the chance of any reoccurrence thereof, shall be submitted to the city within five days of the occurrence.

(E) Report of changed conditions. Each user must notify the city of any planned significant changes to the user’s operations or systems which might alter the nature, quality, or volume of its wastewater, at least 90 days before the change. The user may be required to submit an industrial wastewater discharge permit application, or an application for an amended permit, in accordance with § 9-6-16 of this chapter.

(F) Notice of discharge of hazardous wastes.

1. Every industrial user shall notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261, or Cal. Code of Regulations Title 22. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than ten kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information:

(a) An identification of the hazardous constituents contained in the wastes;

(b) An estimation of the mass and concentration of such constituents contained in the wastes;

(c) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and

(d) (1) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place within ten days after the discharge commences. Any notification under this subsection (F) need be submitted only once for each hazardous waste discharged.

(2) However, notifications of changed discharges must be submitted under subsection (E) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 9-6-18 of this chapter and subsections (A) and (B) of this section.

2. In the case of any new regulations under § 3001 of RCRA, being 42 U.S.C. § 6921, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the city, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 30 days of the effective date of such regulations.

3. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has been determined to be economically practical.

(Ord. 497, passed 6-20-2000)

(A) Should measurements or other investigations reveal that the industrial user is discharging a flow rate, or a quantity of flow, or concentration for any regulated constituent in excess of that stated on the industrial wastewater discharge permit or in excess of the quantities reported to the city by the industrial user and upon which the permit is based, the industrial user shall apply for an amended permit and shall be assessed for all delinquent charges together with the penalty and interest provided for in this chapter or in the industrial wastewater discharge permit issued to the industrial user.

(B) 1. For the purpose of establishing the correct treatment service charge, as required by the city’s service charge schedule, the data obtained in these samplings along with any other relevant information obtained by the city or presented by the industrial user, shall be used by the waste disposal manager in determining the quantity parameters for use in the service charge formula.

2. An industrial user 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. 497, passed 6-20-2000)

(A) The Director of Public Works determines that, if sewer capacity is not available, the city may require the industrial user to restrict its discharge until sufficient capacity can be made available.

(B) 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 POTW.

(Ord. 497, passed 6-20-2000)

All domestic wastewaters from restrooms, showers, drinking fountains and the like, shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device and the industrial wastewater monitoring facility or station.

(Ord. 497, passed 6-20-2000)

(A) Industrial cooling waters, blow down from cooling towers or evaporative coolers, wash water wastes, or waters which are odorless, stable and free from deleterious chemicals, may be discharged into storm sewers or stormwater channels if the sewers are accessible and after approval of such discharge by the Director of Public Works. For the purposes of this section, any industrial wastewaters, waters or liquids containing less than 25 parts per million BOD, or which meet the most recent requirement for secondary treatment as defined by the State Water Resources Control Board, shall be deemed stable.

(B) The admission of such waters into the public storm sewers shall be limited to unpolluted wastewaters provided such discharge does not violate any provision of this chapter and provided such discharge meets all federal or state laws and regulations which may be applicable to such discharge.

(Ord. 497, passed 6-20-2000)

The Director of Public Works may classify industrial users to establish an industrial wastewater treatment service charge based upon average flow quality and flow quantity adjusted by some commonly recognized parameter selected by the Director of Public Works that establishes the relative size of the industrial user being charged.

(Ord. 497, passed 6-20-2000)

(A) Purpose.

1. The costs of operation, maintenance, debt service, equipment replacement and any and all other costs of administration of the city wastewater collection, treatment and disposal system shall be levied against all users thereof in proportion to the quantity and quality of the discharge. Such charges shall be calculated according to the regulations of the State Water Resources Control Board (SWRCB) and shall be adopted by resolution of the Council. Separate charges shall be established for storm sewer users.

2. All users shall be assigned to a classification based on the user’s principal activity and typical wastewater constituents and characteristics. The purpose of such classification is to facilitate the regulation of wastewater discharges, to provide an effective means of source control and to establish a system of user charges and fees that ensure the equitable distribution of costs among all users. The system of charges to be established, in accordance with the requirements of the act and the state clean water grant program shall provide for the following items:

(a) Sufficient financing for an adequate operation and maintenance program, including competent operating personnel;

(b) Funds to be reserved for necessary future replacement, improvements, and expansions of the facilities; and

(c) The city shall adopt a schedule of charges and fees by resolution to include:

(1) Sewer service charges;

(2) Storm sewer charges;

(3) Septage charges;

(4) Other user charges;

(5) Connection fees;

(6) Fees for monitoring; and

(7) Fees for permit applications.

(d) The schedule may be amended at any time by resolution of the Council to reflect increases or decreases in costs.

(B) Sewer service charges. The structure of the charges shall be as follows:

1. Single-family dwellings, multi-family dwellings and duplexes, metered or unmetered, shall pay a flat rate sewer charge per family dwelling unit;

2. Mobilehome parks; motels; public institutions; fraternal lodges; hospitals; nursing homes; churches; restaurants; service stations; automotive centers; car washes; retail commercial and professional buildings; laundromats; supermarkets; grocery stores; mortuaries; and other users which shall be designated by the Director of Public Works shall pay a user charge based on metered water flow to the premises;

3. Schools shall pay a flat monthly sewer service charge based on the average daily attendance (ADA);

4. All POTW users (with the exception of flat rate users) which have unmetered water supplies shall install meters approved by the Director of Public Works. Sewer service charges shall be levied based on the metered water flow. The Director of Public Works, at his or her option, may estimate water usage and set equitable charges accordingly;

5. Industrial users shall pay a sewer service charge based on separate rates established for volume, mass BOD and mass suspended solids (SS) discharged;

6. The city shall have the option of charging users on the basis of the volume of wastewaters discharged into the wastewater collection and treatment system rather than the volume of water used. In such event, the charge for such volume shall be established by the Director of Public Works; and

7. A sewer service charge shall be established by the Director of Public Works for user classes which have not been listed on the resolution establishing the rate schedule for each class of user.

(C) Storm sewer charges. A charge rate based on the volume of discharge for approved discharges of other than stormwater to the storm sewer shall be set by resolution of the Council.

(D) Septage receiving station charges.

1. A service charge shall be established by the Council for discharging septage at the septage receiving station.

2. The Director of Public Works shall have the authority to establish additional charges for septage or other wastes discharged at the septage receiving station which exceed average discharge values of BOD and suspended solids (SS) concentrations discharged at the septage receiving station by 200%.

(E) Inapplicable measurements. For those users of the city wastewater collection, treatment and disposal system for which the amount of water used is not an adequate measure of the amount of wastewater disposal into the city sewer system, the Director of Public Works shall have the authority to establish a sewer service charge based upon the amount and strength of the wastewaters discharged by the user.

(F) Sewer connection charges.

1. A sewer connection fee shall be charged by the city to all customers connecting to the city sewers. The connection fees shall be used to pay the capital costs of the city wastewater collection, treatment and disposal system and, where applicable, recover the costs of constructing sewer mains and service connections.

2. There shall be charged and collected by the city from any person requesting or making such connection, upon or prior to the issuance of any permit for a sewer connection or the addition of any fixture units, or for any increase in permitted discharge strength or volume, a connection fee as established by the Council.

3. Sewer connection charges shall be established by separate Council resolution and shall be based on the volume discharged and standard strength residential wastewater concentrations of 200 milligrams per liter for BOD and 200 milligrams per liter TSS. Payment schedules for industrial discharges shall be established in the industrial wastewater discharge permit and based on connection charges established by separate Council resolution. (See §9-6-9 of this chapter for other information.)

(Ord. 497, passed 6-20-2000)

(A) Outside the original city limits.

1. Any person outside the city, who increases the runoff from a lot or a subdivision by reason of his or her development or use of the land, shall be required to pay a charge per single-family lot. Charges per single-family lot and per acre will be set by resolution of the Council.

2. (a) For other than single-family, the charge per acre, based on a “C” factor of thirty five hundredths used in the rational method formula described in the ASCE Manual of Practice No. 37, Chapter 4, shall be as set by resolution of the Council.

(b) Any development or use of land producing a runoff factor greater than thirty five hundredths coefficient shall pay an increased charge in direct proportion to the increase of the coefficient as determined by the Director of Public Works, based on the table of average coefficients listed in Chapter 4 of the ASCE Manual of Practice No. 37.

3. Any person who furnishes his or her own disposal of drainage water from a development without the need for city facilities will not be subject to a drainage charge.

(B) Inside the original city limits. Any person inside the city, who increases the runoff from a lot or a subdivision by reason of his or her development or redevelopment of the land which raises the runoff coefficient above the thirty five hundredths “C” factor of the rational method formula, shall pay a charge equal to one-half the amount set forth in subsection (A) of this section.

(Ord. 497, passed 6-20-2000)

(A) Collections.

1. Sewer service charges, permit application charges, connection fees, septage charges, monitoring charges, storm drainage charges and other charges identified in this chapter shall be collected by the Director of Finance.

2. Flat rate sewer service charges shall be paid monthly with other city utility bills. All sewer service charges shall be earned as of the day of each month of service, regardless of the date of the termination of sewer service, and no rebates shall be made for mid month disconnections.

3. Sewer service charges based on metered water use and student average daily attendance (ADA) shall be billed monthly with other city utility bills following the month of use.

4. All other fees and charges not listed in subsections (A)2. and (A)3. of this section shall be paid as set forth in this chapter. Fees and charges not requiring prepayment or payment at the time of issuance shall be included on the following monthly city utility bill to the customer, except for industrial user connection fees, as described in § 9-6-25(F)4. of this chapter.

(B) Delinquencies.

1. Penalty fees.

(a) In the event any customer shall fail to pay the sewer service charges, connection fees, monitoring fees, and other required charges and fees by the twenty-fifth of the month following the presentation of a bill by the city therefor, a basic penalty for the late payment in the amount of 10% shall be added to such bill, and the Director of Finance shall collect such penalty in addition to the delinquent charge.

(b) In the event a customer fails to pay the storm sewer charges and storm drainage charges by the fifteenth of the month following presentation of a bill by the city therefor, a basic penalty for late payment in the amount of 10% shall be added to such bill and collected as described in this subsection.

(c) After assessing the basic penalty, thereafter an additional penalty of 0.5% per month shall be added to all delinquent charges and basic penalties remaining unpaid, until the City Council requests the City Finance Director (or equivalent) to lien the amount of all delinquencies against the appropriate premises as set forth below.

2. Discontinuance of service. In the event customers shall fail to pay any charges or fees described in this chapter, including any penalty, fees and fines associated with violation of the discharge parameters identified in an industrial wastewater discharge permit, by the fifteenth day of the second month following the presentation of a bill therefor, the city, in addition to all other remedies it may have, may discontinue furnishing sewer service and shall not resume the same until all charges, together with any service charge or connection fee necessitated by the resumption of sewer service, have been fully paid.

3. Court action. In addition to the remedies set forth in subsection (B)2. of this section, at the option of the city, the city may file a civil action against the customer for the collection of any amounts due and unpaid. Such remedy shall be cumulative and in addition to any other remedy provided in this chapter.

4. Notices of liens. In the event the customer or premises shall be three months delinquent in the payment of any charges and fees included in this chapter, the city shall notify the owner of the real property of such delinquency in writing and shall further notify such owner that the delinquency shall be subject to collection pursuant to the provisions of subsection (B)5. of this section.

5. Lien proceedings. All unpaid accounts at any premises shall constitute a lien against the same and shall be subject to collection all as provided by the Revenue Bond Law of 1941 as found in Cal. Gov’t Code Title 5, Division 2, Part 1, Chapter 6.

6. Restoration of service. Water or sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, shall have been paid.

7. Ownership and occupancy. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating the penalties set forth in this section.

(Ord. 497, passed 6-20-2000; Ord. 584, passed 8-4-2009)

(A) The service applicant in each instance will be responsible for constructing any needed sewer main, except that in special cases the Council may authorize the construction of mains by the city.

(B) All such main extensions shall be constructed and tested in accordance with city approved engineering designs and city specifications.

(Ord. 497, passed 6-20-2000)

(A) Lateral connections. The City Council will approve refund agreements to applicants who construct sewer mains which directly serve off site properties. Such refunds will be made from service connection charges for connections to the sewer main constructed by the applicant. The city will require a connection charge in accordance with the rate schedule adopted by the Council. The portion of the connection charge which will be distributed in the refund agreement shall be adopted through a development agreement.

(B) Sewer main construction other than oversizing.

1. The Council will approve the payment of refunds to the applicant by the city based on a front foot charge, not to exceed one-half of the original cost to the applicant, where the applicant’s sewer main benefits other property owners facing the subject line.

2. Again, approval of the amount of distribution in the refund agreement shall be adopted through a development agreement.

(C) Repayment limitations.

1. The total repayment by the city to the applicant for:

(a) Lateral connections; and

(b) Sewer main construction other than oversizing shall not exceed the original cost of the main construction by the applicant.

2. No reimbursement will be allowed for either up line or lateral main extensions financed by the city or by others.

(D) Sanitary sewer lift stations. The Council must approve the payment of refunds by the city to the applicant for the construction of sanitary sewer lift stations. Such refunds shall be based on the percentage of the original cost of the station charged to subsequent developers as determined by the capacity of the station and a predetermined area of benefit as approved by the Director of Public Works.

(E) Application of refund agreements. This section shall apply to new tentative maps and existing tentative map time extensions filed and approved after March 8, 1996. All refund agreements will be adopted through a development agreement.

(Ord. 497, passed 6-20-2000)

When an applicant is required by the city to construct an oversized sewer line, the city shall pay directly to the installing applicant or developer the cost of the oversizing. Such payment will be made from connection fees received by the city for lateral connections to the sewer, including the connection fees of the applicant. Only sewers larger than six inches internal diameter shall be considered oversized; however, if the new development requires a sewer line larger than six inches for its own purposes, then oversizing will be considered to be a size requirement larger than that needed to serve the development. The Director of Public Works is empowered to make the determination as to how much, if any, oversizing is required and is also empowered to determine the difference in cost between the actual installation and the average cost of a six inch (or larger) sewer line. The findings of the Director of Public Works shall be conclusive.

(Ord. 497, passed 6-20-2000)

Laterals on private property belong to the property owner. All sewers in public streets, alleys and roads, except the lateral serving an individual property, shall become the property of the city when the construction is completed and accepted. Privately owned community systems serving more than one parcel of property shall be prohibited.

(Ord. 497, passed 6-20-2000)

The property owner shall be responsible for the maintenance of the complete lateral connection to the street sewer main, including the portion of such lateral placed in the public right-of-way or easement. The city will maintain all sewer mains, pump stations and treatment facilities.

(Ord. 497, passed 6-20-2000)

Backwash water from swimming pool filters shall not be connected to and discharged into the city’s sanitary sewer system. Pool water may be drained or pumped into either the storm sewer or gutters that drain to the storm sewer provided the rate does not exceed 100 gallons per minute. Permission from the Director of Public Works shall be obtained before draining or pumping to the street gutters.

(Ord. 497, passed 6-20-2000)

The Director of Public Works is charged with the duty of enforcing this chapter with the exception of the collection of funds. The Finance Director is charged with the duty of enforcing all matters pertaining to fund collection.

(Ord. 497, passed 6-20-2000)

(A) Wastewater Capital Improvement Fund. A special fund to be known as the Wastewater Capital Improvement Fund is hereby established. All funds collected for sewer connection fees and other related income shall be deposited in said Fund. Said Fund shall be used exclusively for the payment of debt service, and for construction, rebuilding and repair of the wastewater treatment plant and sanitary sewers.

(B) Wastewater Operation Fund. A special fund to be known as the Wastewater Operation Fund is hereby established. All funds collected for sewer service charges, sewer permits, sewer rental, income from the rental of the sewer farm, sale of treated effluent, septage charges, monitoring fees and other related income shall be deposited in said Fund. Said Fund shall be used exclusively for the payment of maintenance, operation, construction, rebuilding, repair and debt service for the wastewater treatment plant and sanitary sewers.

(C) Storm Drainage Fund. A special fund to be known as the Storm Drainage Fund is hereby established. All funds collected for connection to existing storm drains, storm drainage service fees and other related income shall be deposited in said Fund. Said Fund shall be used exclusively for the payment of storm sewer maintenance, operation, construction, rebuilding, repair and debt service for the storm drainage collection and disposal service.

(Ord. 497, passed 6-20-2000)

The Director of Public Works shall publish annually, in a newspaper of general circulation in the city, a list of the SIUs which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term SIGNIFICANT NONCOMPLIANCE shall mean:

(A) Chronic violations of SIU permit limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(B) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(C) Any other discharge violation that the Director of Public Works believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

(D) Any discharge of pollutants that has caused imminent endangerment to the public or the environment, or has resulted in the Director of Public Works’ exercise of its emergency authority to halt or prevent such a discharge;

(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an SIU permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(F) Failure to provide within 30 days after the due date, any required reports, including base line monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance; or

(H) Any other violation(s) which the Director of Public Works determines does adversely affect the operation or implementation of the local pretreatment program.

(Ord. 497, passed 6-20-2000)

(A) It shall be unlawful for any person to violate any provision of this chapter.

(B) Any violation of the provisions herein shall constitute an infraction and, upon conviction, shall be punishable in accordance with the Cal. Gov’t Code § 36900(b).

(C) A person violating any provision of this chapter shall be guilty of a separate offense for each and every day or during any portion of which any violation of any provision of this chapter continues.

(Ord. 497, passed 6-20-2000)

(A) The city may impose civil penalties upon any industrial user who violates any provision of this chapter. Civil penalties shall, at the city’s option, be in an amount not to exceed $10,000 per day for each violation. The purpose for issuing civil penalties under this chapter is to punish negligent or willful misconduct, discourage future violations from occurring, encouraging corrective actions and punishing repeat violators.

(B) Civil penalties the city may impose are as follows:

1. An amount which shall not exceed $1,000 for each day for failing or refusing to furnish technical or monitoring reports;

2. An amount not to exceed $2,000 for each day for failing or refusing to comply in a timely manner with any compliance schedule established by the Director of Public Works;

3. An amount which shall not exceed $5,000 per violation for each day for discharges in violation of any provision of this chapter, wastewater discharge limitation, permit condition, or requirement issued, reissued or adopted by the city; and

4. An amount which shall not exceed $10,000 per day for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued or adopted by the Director of Public Works.

(Ord. 497, passed 6-20-2000)

(A) Notice. Upon the determination by the Director of Public Works that any person is in violation of:

1. Any provision of this chapter or order issued hereunder;

2. An industrial wastewater discharge permit; or

3. Any other pretreatment standard or requirement of the city, or is found to have improperly used or maintained or discharged into the sewer, such person shall be served by the Director of Public Works with a written notice of violation. The notice shall describe the time, place and circumstances of each violation charged, the amount of penalty imposed by the Director of Public Works for each violation and the corrective measures the industrial user is required to undertake as a condition of continuation of the industrial user’s right to discharge into the sewer. The Director of Public Works shall have the discretionary authority to decline to issue a notice of violation in cases where violations are insignificantly technical in nature and the public interest would not be served by proceeding with formal enforcement action. The Director of Public Works shall keep a record of all such discretionary determinations.

(B) Payment of penalty. The industrial user shall pay the penalty and complete corrective action described in the notice of violation or shall identify in writing a proposed arrangement for payment of the penalty and the corrective action to be taken. Payment shall be made or a plan for payment and corrective action shall be made and completed not later than 30 days after service upon the industrial user of the notice of violation. Should the industrial user fail to take such action within said 30 day period, the Director of Public Works may issue an order directing the industrial user to cease and desist discharging into the sewer until payment of penalties are made or an arrangement for payment of penalties is presented and approved by the Director of Public Works, and all corrective action is taken or a plan for corrective action is submitted and approved by the Director of Public Works. Service of the notice of violation shall be by personal service or registered mail.

(C) Termination of sewer service. Notwithstanding the provisions of § 9-6-17 of this chapter, in the event an industrial user shall fail to comply with the provisions of subsection (B) of this section, as required, the Director of Public Works shall take such action as may be necessary to ensure that the industrial user complies with the provisions of this section including, without limitation, suspension of an industrial user’s industrial wastewater discharge permit and physically blocking the industrial user’s access to the sewer system. All such measures shall remain in effect until the industrial user has complied with the provisions of this chapter.

(Ord. 497, passed 6-20-2000)

In addition to or as an alternative to the issuance of a notice of violation, if the Director of Public Works finds that an industrial user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit or order issued, or any other pretreatment standard or requirement, or that the industrial user’s past violations are likely to recur, the Director of Public Works may issue an order to the industrial user directing the industrial user to cease and desist all such violations and directing the industrial user to immediately comply with all requirements and take such appropriate remedial or preventive actions as identified in the cease and desist order to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(Ord. 497, passed 6-20-2000)

Any person affected by any decision, action or determination by the Director of Public Works, interpreting or implementing the provisions of this chapter, including, without limitation, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the city, may file with the City Clerk, within ten days of the date of service of such decision, action or determination, a notice of appeal to the City Council appealing such decision, action or determination by the Director of Public Works. The notice of appeal shall set forth in detail all facts supporting the industrial user’s appeal of the decision of the Director of Public Works. The filing of the notice of appeal shall stay all further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the City Council on the appeal; provided, however, that nothing stated herein shall limit the authority of the Director of Public Works to take such action or to make such directives as the Director of Public Works deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter including, actions or directives to prevent or stop:

(A) Threatened damage to the POTW, the sewer or the wastewater treatment plant;

(B) A pass-through; or

(C) Threatened harm to the health or safety of the public. Such action shall include, without limitation, continuing to physically block the industrial user’s access to the sewer until the appeal is heard and decided by the City Council.

(Ord. 497, passed 6-20-2000)

Upon an appeal brought to the City Council by the notice of appeal, the City Council shall set the matter for hearing and after said hearing may affirm, overrule or modify the decision, action or determination of the Director of Public Works which is the subject of the appeal. The City Council shall have the further authority to condition any penalties imposed or the corrective action required or to reduce or increase the penalties imposed by the Director of Public Works. Failure of the industrial user to comply with the City Council’s decision or to make arrangements for compliance satisfactory to the Director of Public Works within ten days of the date of the City Council’s decision shall result in the termination of the industrial user’s right to discharge into the sewer. If the industrial user is discharging pursuant to an industrial wastewater discharge permit, such inaction shall result in the termination of the industrial user’s permit. The Director of Public Works shall thereupon order physical termination of the service forthwith which service shall not be resumed until the industrial user fully complies with the City Council’s decision.

(Ord. 497, passed 6-20-2000)

The amount of civil penalties imposed under § 9-6-38 of this chapter which have remained delinquent for a period of 30 days shall constitute a lien against the real property of the person subject to the penalty from which the discharge originated. After being recorded with the County Recorder, said lien will be in effect for a period of ten years unless sooner released and shall be renewable in accordance with the provisions of Cal. Code of Civil Procedure §§ 683.110 to 683.220, inclusive.

(Ord. 497, passed 6-20-2000)

The City Council may, at its option, elect to petition the Superior Court of Merced County to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Cal. Code of Civil Procedure §§ 1285 through 1297.6, inclusive.

(Ord. 497, passed 6-20-2000)

Whenever a discharge of wastewater is in violation of any provision of this chapter or order issued hereunder or any industrial wastewater discharge permit, or any other pretreatment standard or requirement of the city, or otherwise causes or threatens to cause interference or pass-through to the POTW, the city may petition the Superior Court of Merced County for the issuance of a preliminary and/or permanent injunction as may be appropriate for the purpose of restraining the continuance of such discharge.

(Ord. 497, passed 6-20-2000)

In addition to any other remedy provided by law or inequity, including revocation of permits or permanent disconnection, violation of any provisions of this chapter or order issued hereunder, an industrial wastewater discharge permit, or any other pretreatment standard or requirement of the city, the continued operation of any facility in violation of this chapter is hereby determined and declared to be a public nuisance and may be abated and enjoined pursuant to state law. The city may cause proceedings to be brought for the abatement and may recover reasonable attorney fees, court costs and other expenses associated with such action.

(Ord. 497, passed 6-20-2000)

The city shall have the right to recover reasonable attorney fees, court costs and other expenses associated with any and all of the enforcement activities identified in this chapter including sampling and monitoring expenses in addition to the amount assessed as damages to the city.

(Ord. 497, passed 6-20-2000)

The enforcement procedures, penalties and remedies provided in this chapter are not exclusive, but are in addition to any other enforcement procedures, penalties and remedies that may be provided elsewhere in this chapter or by any federal, state or local law, regulation or rule. In addition, the Director of Public Works may pursue any, all or any combination of these enforcement procedures, penalties and remedies against any person who violates any provision of this chapter.

(Ord. 497, passed 6-20-2000)