Lodi Municipal Code Art. II Discharge Restrictions

No person shall discharge into the sewerage system, natural outlet, street or earth surface, wastes which cause, threaten to cause, or are capable of causing, either alone or by interaction with other substances, any of the following:

A. Fire or explosion or injury in any way to the sewerage system or the operation of the treatment plant. Prohibited materials include, but are not limited to, gasoline, kerosene, alcohols, solvents, sulfides or any other substance with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or (sixty degrees Celsius) using the test methods specified in 40 CFR 261.21 or which causes two consecutive readings on an explosion hazard meter at any point in the sewerage system to be more than five percent, or any single reading more than ten percent of the lower explosive limit (LEL);

B. Obstruction of flow in a sewerage system or injury of the system or damage to the sewerage collection, or treatment facilities by ashes, cinders, sand, mud, grit, straw, offal, shavings, metal, glass, rags, feathers, tar, plastics, wood, sawdust, manure or other solid or viscous substances capable of causing obstruction of the flow or other interference with the proper operation of the sewerage system as determined by the public works director;

C. Acute worker health and safety problems resulting from the presence of toxic gases, vapors or fumes within the POTW per 40 CFR 403.5(b)(7);

D. A nuisance or prevention of the effective maintenance or operation of the sewerage system, through having or creating a strong, unpleasant odor;

E. Air pollution by the release of toxic or malodorous gases or malodorous gas-producing substances;

F. Interference or pass through at the treatment plant affecting wastewater treatment, land disposal or sludge or scum processing and disposal;

G. A detrimental environmental impact or a nuisance in the waters or wastewaters of the state or a condition unacceptable to any public agency having regulatory jurisdiction over the city;

H. Discoloration, or any other condition, in the quality of the city's treatment plant effluent and/or storm system discharge in such a manner that receiving water quality requirements established by law or other contracts cannot be met by the city;

I. Conditions at or near the city's treatment facilities which violate any statute or rule, regulation or ordinance of any public agency of state or federal regulatory body;

J. Quantities or rates of flow or pollutants which cause interference or overload the city's sewerage system or treatment facilities or cause excessive city collection or treatment costs or hamper treatment facility operation;

K. Pollutants which can cause corrosive structural damage to the sewerage system or treatment facilities;

L. Influent to the treatment plant to be over one hundred four degrees Fahrenheit (forty degrees Celsius);

M. Waters or waste with a pH factor lower than six or higher than eleven;

N. Any discharge which has an average daily concentration exceeding the following technically based local limits:

O. Discharges of new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit per 40 CFR 403.8(f)(1)(i);

P. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origins in amounts that will cause interference or pass through;

Q. Discharges which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261;

R. Discharges containing concentrations of tetrachloroethylene (PCE) or trichloroethylene (TCE) exceeding five micrograms per liter for any grab sample.

(Ord. No. 1819, 2-18-2009)

Rainwater, groundwater, street drainage, subsurface drainage, roof downspouts, exterior foundation drains, groundwater from cleanup operations, or other sources of drainage water shall not be discharged through direct or indirect connections into a domestic system.

(Ord. No. 1819, 2-18-2009)

No person shall use a septic tank for disposal of wastewater if the property to be served is within one hundred feet of the domestic system unless permitted by the public works director. Where such domestic sewer exists and buildings are inhabited or used by human beings, the property owner(s) shall install lateral service connection(s) in accordance with this chapter.

(Ord. No. 1819, 2-18-2009)

No person shall discharge trucked or hauled pollutants except at discharge points designated by the city of Lodi.

(Ord. No. 1819, 2-18-2009)

No person shall discharge or cause to be discharged any radioactive waste into a sewerage system except:

A. When the person is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials; and

B. When the waste is discharged in strict conformity with current California Radiation Control Regulations (California Administrative Code, Title 17) and the Nuclear Regulatory Commission regulations and recommendations for safe disposal; and

C. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies.

(Ord. No. 1819, 2-18-2009)

A. Wastes from garbage grinders shall not be discharged into a domestic sewer system except:

1. Wastes generated in normal preparation of food by residential users; or

2. Where the user has obtained a permit for that specific use from the city, and agrees to undertake whatever self-monitoring is required to enable the public works director to equitably determine the user charges based on the waste constituents and characteristics.

B. Garbage grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the domestic sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials or garden refuse.

(Ord. No. 1819, 2-18-2009)

No person shall discharge any substances directly into a manhole or other opening in a sewerage system except through an approved private sewer or house sewer lateral.

(Ord. No. 1819, 2-18-2009)

A user proposing to discharge holding tank domestic waste into a domestic sewer must secure a permit for each separate discharge. This permit shall state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, the wastewater constituents and characteristics and origin of such wastes. Holding tank wastes discharged at the treatment plant facilities may be given a discharge permit which would apply to more than one separate discharge at the discretion of the public works director. If a permit is granted for discharge of such waste into the domestic sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the public works director.

(Ord. No. 1819, 2-18-2009)

No person shall discharge or cause to be discharged to a sewerage system any of the following without first obtaining a wastewater discharge permit that specifically permits such waste discharge characteristics:

A. Discharges containing metal pickling or etching wastes or plating solutions, whether neutralized or not;

B. Discharges containing phenols or other taste-producing and odor-producing substances in concentrations exceeding limits which may be established by the public works director as necessary to meet water quality requirements;

C. Slug discharges into the collection system at temperatures exceeding one hundred forty degrees Fahrenheit (sixty degrees Celsius) or exceeding one hundred ten degrees Fahrenheit (forty-three degrees Celsius) for any eight-hour period;

D. Materials which exert or cause in the sewerage system or receiving waters unusual concentrations either of inert suspended solids (such as but not limited to, soil solids, fuller's earth, lime slurries, lime residues, plastics or ash);

E. Discharges containing fixed total dissolved solids (such as, but not limited to, sodium chloride, sodium sulphate or other inorganic salts) in such quantities to cause the effluent TDS of the treatment plant to exceed five hundred milligrams per liter.

(Ord. No. 1819, 2-18-2009)

Grease, oil and sand interceptors shall be provided by the discharger when they are necessary for the proper handling of wastes containing grease in excess of one hundred fifty milligrams per liter of animal and vegetable origin and fifty milligrams per liter of mineral origin, or any flammable wastes, sand, grit and other harmful ingredients. All interceptors shall be of a type and capacity approved in writing, prior to installation, by the public works director, and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, usually a minimum of one thousand gallons and equipped with easily removable covers which, when bolted in place, are gastight and watertight. Grease and/or oil/sand interceptors shall be constructed in any place or building having a capacity to serve group meals or commercial and industrial cleaning facilities. Where installed, all grease, oil, sand and grit interceptors shall be maintained by the owners at owner's expense in continuous efficient operation at all times. Materials collected shall not be reintroduced into the sewerage system. Records of all maintenance, cleaning and hauling of materials shall be maintained by the owner and such records shall be available at all times for inspection by city personnel.

(Ord. No. 1819, 2-18-2009)

Users in industrial categories subject to the categorical pretreatment standards development by the EPA under the Clean Water Act of 1977 (PL 95 217) 33 U.S.C. 1251 et seq. are required to achieve limitations based on best practical control technology (BPT) immediately and best available technology economically achievable (BAT) by July 1, 1983, in accordance with Sections 301 and 304. New sources are required to comply with new source performance standards (NSPS) based on best available demonstrated control technology (BDT) for industrial users in terms of concentration and equivalent mass values. Users must comply with pretreatment standards promulgated pursuant to Section 307 and the Federal Register 40 CFR Subchapter IV. Dilution of any discharge may not be used to comply with any pretreatment standards. Categorical industrial users must submit baseline monitoring reports, compliance schedule reports, ninety-day compliance reports, and periodic reports on continued compliance as required including all information required by 40 CFR 403.12(l) and such reports must be signed by an authorized representative of the industrial user and meet certification requirements of 40 CFR 403.6(a)(2)(ii) and 403.12(b)(6) and be retained for a minimum of three years (or period of litigation, whichever is longer). The city may issue standards more stringent than the federal standards if the public works director determines that the limitations in the federal standards are not sufficient to:

A. Protect the operation of the city's treatment facilities; or

B. Comply with water quality standards, sludge disposal or effluent limitations specified in the city's National Pollutant Discharge Elimination System (NPDES) permit;

C. Meet technically based local limits, which must be calculated per federal pretreatment program guidelines. The city must annually provide public notification of industrial users which during the previous twelve months significantly violated applicable pretreatment standards.

(Ord. No. 1819, 2-18-2009)

The reports required by Section 13.12.120 shall comply with the following regulations:

A. Baseline Report.

1. Reporting requirements for industrial users upon effective date of categorical pretreatment standard-baseline report. Within one hundred eighty days after the effective date of a categorical pretreatment standard, or one hundred eighty days after the final administrative decision made upon a category determination submission under § 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the control authority a report which contains the information listed in paragraphs (b)(1)- (7) of 40CFR 403.12(b)(1)-(7). At least ninety 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 control authority a report which contains the information listed in paragraphs (b)(1)-(5) of 40CFR 403.12. 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 the information requested in paragraphs (b)(4) and (5) of 40 CFR 403.12.

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:

i. Regulated process streams; and

ii. Other streams as necessary to allow use of the combined wastestream formula of § 403.6(e). (See paragraph (b)(5)(iv) of 40 CFR403.12.

The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

e. Measurement of Pollutants.

i. The user shall identify the pretreatment standards applicable to each regulated process;

ii. 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 control authority) 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. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard;

iii. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph;

iv. 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 wastestream formula of Section 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 Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;

v. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator determines that the 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 POTW or other parties, approved by the administrator;

vi. The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

vii. The baseline 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. A statement, reviewed by an authorized representative of the industrial user (as defined in paragraph (l) of this section) 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 and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and

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

i. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (Section 403.7), the combined wastestream formula (Section 403.6(e)), and/or a fundamentally different factors variance (Section 403.13) at the time the user submits the report required by paragraph (b) of this section, the information required by paragraphs (b)(6) and (7) of 40 CFR 403.12 shall pertain to the modified limits.

ii. If the categorical pretreatment standard is modified by a removal allowance (Section 403.7), the combined wastestream formula (Section 403.6(e)), and/or a fundamentally different factors variance (Section 403.13) after the user submits the report required by paragraph (b) of this section, any necessary amendments to the information requested by paragraphs (b)(6) and (7) of 40 CFR 403.12 shall be submitted by the user to the control authority within sixty days after the modified limit is approved.

2. Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the schedule required by paragraph (b)(7) of 40 CFR 403.12:

a. The schedule shall contain increments of progress 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 industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc).

b. No increment referred to in paragraph 2.a. of this section shall exceed nine months.

c. Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the control authority.

B. Compliance Report. Report on compliance with categorical pretreatment standard deadline. Within ninety 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 control authority a report containing the information described in paragraphs (b) (4)-(6) of 40 CFR 403.12. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in Section 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. 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.

C. Periodic Reports on Continued Compliance.

1. Any industrial user subject to a categorical pretreatment standard (except a non-significant categorical user as defined in Section 403.3(v)(2)), 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 control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority 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 paragraph (b)(4) of 40 CFR 403.12 except that the control authority may require more detailed reporting of flows. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may modify the months during which the above reports are to be submitted.

2. The control authority may authorize the industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

i. The control authority may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

ii. The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

iii. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance with paragraph (l) of this section and include the certification statement in Section 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

iv. Any grant of the monitoring waiver by the control authority must be included as a condition in the user's control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.

v. Upon approval of the monitoring waiver and revision of the user's control mechanism by the control authority, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR ___________ specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ___________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(1).

vi. In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of paragraph (e)(1) of 40 CFR 403.12 or other more frequent monitoring requirements imposed by the control authority; and notify the control authority.

vii. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

3. The control authority may reduce the requirement in paragraph (e)(1) of 40 CFR 403.12 to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the approval authority, where the industrial user meets all of the following conditions:

i. The industrial user's total categorical wastewater flow does not exceed any of the following:

(A) 0.01 percent of the design dry weather hydraulic capacity of he POTW, or five thousand gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

(B) 0.01 percent of the design dry weather organic treatment capacity of the POTW; and

(C) 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by a POTW in accordance with Section 403.5(c) and paragraph (d) of 40 CFR 403.12;

ii. The industrial user has not been in significant noncompliance, as defined in Section 403.8(f)(2)(viii), for any time in the past two years;

iii. The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period pursuant to paragraph (g)(3) of 40 CFR 403.12;

iv. The industrial user must notify the control authority immediately of any changes at its facility causing it to no longer meet conditions of paragraphs (e)(3)(i) or (ii) of 40 CFR 403.12. Upon notification, the industrial user must immediately begin complying with the minimum reporting in paragraph (e)(1) of 40 CFR 403.12; and

v. The control authority must retain documentation to support the control authority's determination that a specific industrial user qualifies for reduced reporting requirements under paragraph (e)(3) of 40 CFR 403.12 for a period of three years after the expiration of the term of the control mechanism.

4. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in Section 403.6(c), the report required by paragraph (e)(1) of 40 CFR 403.12 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 paragraph (e)(1) shall include the user's actual average production rate for the reporting period.

D. Categorical Pretreatment Standard Compliance Reports. Significant non-categorical industrial users must submit to the control authority at least once every six months (on dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the control authority to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in part 136 and amendments thereto. This sampling and analysis may be performed by the control authority in lieu of the significant non-categorical industrial user.

E. The reports required by paragraphs A, B, C and D at this section must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period as required by 40 CFR 403.12(g)(3).

F. If any industrial user subject to the reporting requirement in paragraphs C or D of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed below, the results of this monitoring shall be included in the report.

1. All analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the Act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the administrator. (See, [Sections] 136.4 and 136.5.) Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator.

(Ord. No. 1819, 2-18-2009)

Source control of industrial discharges shall be accomplished by use of a permit and monitoring system as described in this chapter. Discharge of industrial waste from any person within the city onto land or to any natural outlet may be permitted only if the discharge complies with all requirements of the regional water quality control board and of all other local, state and federal laws and regulations.

(Ord. No. 1819, 2-18-2009)

Nothing contained in this chapter shall be construed to limit any additional requirements that may be imposed by the county health officer, by the regional water quality control board, fish and game, or by other governmental agencies having jurisdiction.

(Ord. No. 1819, 2-18-2009)

A. Whereas:

1. San Joaquin County will retain its authority over land use approval for wineries located within county jurisdiction.

2. The city of Lodi's general plan contains the following land use element goals:

a. Policy LU-A.1— The city shall seek to preserve Lodi's small-town and rural qualities.

b. Policy LU-A.4—The city shall promote reinvestment in downtown Lodi and in the Eastside area that upgrades the general quality of development in these areas.

c. Goal LU-B—To preserve agricultural land surrounding Lodi and to discourage premature development of agricultural land with nonagricultural uses, while providing for urban needs.

d. Policy LU-B.1—The city shall encourage the preservation of agricultural land surrounding the city.

e. Policy LU-B.2—The city should designate a continuous open space greenbelt around the urbanized area of Lodi to maintain and enhance the agricultural economy.

f. Policy LU-B.6—The city shall encourage San Joaquin County to retain agricultural uses on lands adjacent to the city.

g. Goal LU-D—To promote and retain development in downtown Lodi.

h. Policy LU-D.1—The city shall preserve and promote downtown Lodi and the city's social and cultural center and an economically viable retail and professional office district.

i. Policy LU-D.3—The city shall enhance pedestrian activity and pedestrian amenities in downtown Lodi.

3. The city encourages compact development and discourages leapfrog development and urban sprawl within the Highway 12/Interstate 5 corridor, all of which would be inconsistent with the above general plan goals. The city's general plan is committed to the above goals within its own boundaries as well, stating the following:

a. A-5 The city shall require specific development plans in areas of major new development.

b. E-2 The city shall promote downtown Lodi as the primary pedestrian-oriented, commercial area of Lodi.

c. E-4 The city shall ensure the new commercial development be designed to avoid the appearance of strip development.

d. E-7 In approving new commercial projects, the city shall seek to ensure that such projects reflect the city's concern for achieving and maintaining high quality development.

4. Providing wastewater treatment service to Flag City on the condition that service not be afforded to developments that conflict with the goals set forth herein furthers those goals by concentrating development in an existing county service area with set boundaries.

5. County acknowledges the goals set forth in the Lodi general plan as set forth above and has similar provisions in its general plan which encourage agricultural uses, compact land use and development, and discourage "leap frog development" and "urban sprawl." Toward these ends, the county general plan provides:

a. To make efficient use of land and promote a functional development pattern with varied and compatible land uses.

b. To minimize the effect on agricultural lands and other environmental resources while providing for orderly growth.

c. To create a visually attractive county.

d. To avoid the problems and costs imposed on local government by development that does not have adequate services.

e. Rural communities shall:

i. Be planned to have minimal growth, mainly infill development, with expansion discouraged;

ii. Be planned to serve the immediate needs of the community's residents or the surrounding agricultural community;

iii. Have a minimum land area of fifty acres or have been identified on the general plan 1995 map as a residential area.

f. Development shall be orderly and compact.

g. Development should occur on vacant lots within existing communities as "infill" before extending beyond the current developed areas of a community.

h. Freeway Service.

i. Function. Provide for commercial uses oriented almost exclusively to serving the needs of the freeway traveler.

ii. Typical Uses. Travel-related businesses including gasoline service stations, food and beverage sales, eating and drinking establishments, and hotels and motels.

iii. Development and Locational Criteria. Freeway service areas shall be:

(A) Designated only adjacent to full freeway interchanges where development will be easily accessible and visible to the freeway traveler;

(B) Limited in number to encourage clustering of uses at selected interchanges;

(C) Limited in area in order to reduce impacts on surrounding land uses and control the physical and visual extent of these areas;

(D) Developed so that buildings occupy no more than sixty percent of the lot and are no more than three stories in height; and

(E) Designed in an attractive manner that creates a favorable impression of the county by considering the overall site design, landscaping, scale of development, signage, relationship to adjacent uses, circulation and parking, and architecture.

6. There is a need for upgraded sewer treatment facilities to service Flag City and the parties wish to cooperatively ensure that any development that occurs in Flag City is orderly, compact and in compliance with the goals of the city and county general plans.

B. Now therefore be it further ordained as follows:

1. Service Outside Lodi. Except as set forth below, no discharge from private facilities or properties outside the city of Lodi shall be allowed into the domestic sewerage or storm drainage systems. The city council may by contract allow connection from: (1) winery facilities outside Lodi to the industrial sewerage system on the terms set forth in this section so long as the system has adequate existing capacity to service the waste or (2) publicly-owned wastewater systems or existing publicly-licensed sanitary service providers to city residents ("public district") to the domestic wastewater treatment system on terms set forth in this section so long as the system has adequate existing capacity to service the waste.

2. Terms of Private Industrial Connection. Any winery wastewater connection permitted pursuant to the contract called for in this section shall contain the following minimum terms:

a. Permit. Applicant shall comply with the terms of the industrial system discharge permit to be issued by the city, which will include but not be limited to limitations on flow, BOD, pH, TDS, and suspended solid concentrations and prohibitions on discharge of hazardous waste in conformance with the city's discharge permit.

b. Rate/Surcharge. Winery's rate for discharge shall be set at one hundred fifty percent of the city's standard published rate for industrial waste.

c. Capacity Charge. Winery shall pay a one-time capacity charge based on annual flow and BOD loading prior to connection per this chapter.

d. Non-Assignment. Applicant may not sell capacity or accept wastewater from other locations.

e. Downtown Retail Presence. Applicant shall open and operate a wine tasting room to market its products in downtown Lodi during the entire term of its connection to the city's sewer system. The establishment shall be operated within the following minimum requirements:

i. It shall be at least five hundred square feet, have its products available for sampling and sale, and be open a minimum of forty hours per week, including Saturday and Sunday and shall be located in downtown Lodi as defined by the area bordered by Church Street, Lodi Avenue, Lockeford Street, and the Union Pacific Railroad tracks.

ii. If this condition cannot be met within twelve months of connection, applicant shall pay an annual downtown development and promotional in-lieu fee in the amount established by the city council. The fee shall be retroactive for one year and shall be assessed annually (until such time as the requirements of subsection i of this paragraph have been satisfied) as annually adjusted according to the Bay Area-All Items Consumer Price Index. If condition i. above cannot be met within six years of connection, this agreement will terminate and applicant will be required to make alternate arrangements for its wastewater.

f. Annexation. Applicant, in consideration for receiving city sewer service, will consent to the annexation to the city of Lodi of its property served by the city industrial sewerage system, waives any right to protest the annexation, and assigns to the city any right to vote on the annexation. Annexation shall occur when and if the city deems the annexation of the subject property feasible and advisable. In the event the annexation is sought by applicant, applicant agrees to pay city an amount to cover the subject property's proportionate share of the costs to conduct the annexation. In the event that the applicant does ultimately connect to city service, applicant agrees to enter into a short-form memorandum of agreement expressing the obligations of this paragraph in recordable form.

3. Terms of Public District Connection. Any delivery of wastewater permitted pursuant to this section shall be subject to the following minimum terms:

a. Permit. Public district shall comply with the terms of a discharge permit to be issued by the city, which will include but not be limited to limitations on maximum flow, BOD, pH, TDS and suspended solid concentrations and prohibitions on discharge of hazardous waste in conformance with the city's NPDES permit. The terms of this discharge permit will be no more stringent than those required under the city's NPDES permit. However, city may change the terms of the discharge permit without notice if necessary to comply with state or federal requirements.

b. Volume. Limits will be set by contract that cannot exceed the White Slough Wastewater Treatment Plant's capacity.

c. Rate/Surcharge. Public district's charges will be as established by the city for its high strength customer users plus a surcharge in an amount to be set by contract.

d. Capacity Charge. Public district shall pay a one-time capacity charge based on the then-current rates for new city development at the time of connection. (These charges are adjusted annually). Additional capacity charges at the current city rates will apply for each increment of effluent over the amount initially paid. Capacity charge reductions or credits may be granted for steps taken by public district to minimize impacts to city's overall treatment plant capacity through pre-treatment, off-peak delivery, or other mutually agreed strategies.

e. Administrative Charge. Public district shall pay city a fee to be set by contract as a one-time administrative charge upon the execution of such contract.

f. Public district will be solely responsible for all costs associated with installing a pipeline ("collection facilities") to connect to Lodi's system.

g. City will bill for its services directly to public district and not to individual customers. Annual billing will begin with commencement of flow to the city's facility and will be billed in advance for a twelve-month period, based on estimated flow and strength. Subsequent annual billings will be based on actuals for the prior twelve months. Public district will pay all invoices within thirty days of the date of the invoice.

h. Neither public district will knowingly allow any person or entity to discharge to its collection facilities whose property is outside the public district service area, without prior city approval, which city may withhold in its absolute discretion.

i. Reimbursement. Public district shall reimburse the city for all costs incurred by the city in connection with the project.

(Ord. No. 1819, 2-18-2009; Ord. No. 1991, § 1, 1-19-2022)

No person shall discharge or cause to be discharged to the industrial system an industrial waste that is too large to pass through or, has not been pretreated by being passed through, a screening device with a maximum screen opening of 1.5 millimeters.

(Ord. No. 1819, 2-18-2009)