Lompoc Municipal Code Art. I General Provisions

This Chapter shall be known as the "Sewer System Ordinance of the City of Lompoc."

(Prior code § 3332; Ord. 1740(25), 12/16/2025)

This Chapter shall apply to all users of the City's sewerage system and shall provide for regulation of wastewater discharge in accordance with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] Section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this Chapter are to:

A. Prevent the introduction of pollutants which will interfere with the operation of the City's wastewater system, including interference with its use or disposal of municipal sludge;

B. Prevent the introduction of pollutants which will pass through the treatment works or otherwise be incompatible with such works;

C. Improve other opportunities to recycle and reclaim municipal and industrial wastewaters and sludges;

D. Protect City personnel, who may be affected by wastewater and sludge in the course of their employment, and the general public;

E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the treatment works; and

F. To enable the City to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the wastewater system is subject.

(Prior code § 3333; Ord. 1740(25), 12/16/2025)

A. Abbreviations. The following abbreviations shall have the designated meanings:

B. Definitions. Unless the particular provision or the context otherwise requires, definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.

"25% Rule" (The "25 Percent Rule")

Is a benchmark for FOG interceptor servicing when the combined fats, oils, and grease and solids accumulation in the interceptor equals 25% of its design hydraulic depth.

"Act" or "the Act"

means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.

"Administrative hearing"

means a due process hearing at a specified time, date, and place at which a user, authorized representatives of the user, and/or interested persons shall have the opportunity to submit statements, documentary evidence, and/or arguments orally and/or in writing.

"Applicable regulations, standards and limitations"

means all local, State, and Federal regulations, standards, and limitations to which a discharge or related activity is subject under the Act, effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, best management practices, and pretreatment standards under Sections 301, 304, 306-308, 403, and 405 of the Act.

"Authorized or duly authorized representative of the user"

means:

a.

If the user is a corporation:

b.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

c.

If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

d.

The individuals described in Subsections a through c, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

"Best management practices or BMPs"

means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement general and specific discharge prohibitions. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"Biochemical oxygen demand (BOD)"

means the quantity of oxygen, expressed in ppm by weight, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Celsius (58 degrees Fahrenheit). The laboratory determination shall be made in accordance with procedures established by the EPA and specified in 40 C.F.R. Part 136, as amended.

"Building sewer lateral"

means the sewer from the premises of a user to the public sewer main.

"Bypass"

means the intentional diversion of wastestreams from any portion of a user's treatment facility.

"Categorical industrial user"

means an industrial user subject to a categorical pretreatment standard or categorical pretreatment standard.

"Categorical pretreatment standard"

means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N.

"Chlorine requirement"

means the amount of chlorine, in mg/L, which must be added to wastewater to produce a specified residual chlorine content or other specified objective.

"City sewer"

means a sewer owned and operated by the City, which is tributary to the wastewater treatment plant.

"City"

means the City of Lompoc or the City Council of the City of Lompoc.

"Class I user"

means any user who discharges 10,000 gal/d (average annual daily flow) or more of process wastewater or is otherwise determined to be an SIU as defined herein.

"Class II user"

means any user who discharges less than 10,000 gal/d (average annual daily flow) of process wastewater and whose discharge may:

a.

Contain unusual amounts of compatible pollutants, or

b.

Exceed applicable regulations, standards or limitations, or

c.

Contain incompatible pollutants, or

d.

Be judged to have any other special characteristics requiring site-specific discharge limits.

"Compatible pollutant (compatible constituent)"

means a combination of BOD, TSS, pH, coliform bacteria, plus other pollutants in amounts the wastewater treatment plant is designed to accept and/or remove. Some otherwise compatible pollutants may be considered incompatible when discharged in excessive quantities.

"Composite sample"

means a series of grab samples collected at equal intervals and combined proportional to flow, or a sample collected continuously proportional to flow, or a series of equal volume grab samples taken at varying time intervals, in order to determine the average pollutant concentration during the compositing period.

"Cooling water"

means the water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

"De minimis" with regards to the FOG Control Program (Article IX of this Chapter)

Means restaurants and other food service establishments that discharge a de minimis amount of FOG are those engaged only in reheating, hot holding, assembly, or mixing of ready-to-eat food products.

"Director"

means the City of Lompoc Utilities Director or designated representative(s).

"Discharger"

means any person or entity introducing pollutants into the wastewater system from any non-domestic source regulated under Section 307(b), 307(c), or 307(d) of the Act. For the purposes of this Chapter, "discharger" also means any person or entity introducing industrial waste to the wastewater system.

"Domestic wastes or sewage"

means waste and wastewater generated from the ordinary living processes of humans or household operations, and of such character as to allow satisfactory disposal to, and treatment in, the POTW or by means of a private disposal system.

"EPA"

means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of the EPA.

"Equalization of discharge"

means the control of flow rate in a manner designed to protect the wastewater system.

"Existing source"

means any source of discharge that is not a "new source."

"Extra strength concentration"

means any wastewater discharges containing concentrations of TSS or BOD greater than 300 mg/L.

"Fats, oils, and grease (FOG)"

means any non-polar or polar fats, oils, and grease substance, such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, that turns or may turn viscous or solidifies with a change in temperature or other conditions or has the potential to cause interference with or obstruction to the publicly owned treatment works.

"Fixture"

means any appurtenance connected to a building sewer lateral.

"FOG Control Program"

means the FOG Control Program adopted by the City setting forth, among other things, the Best Management Practices for FSEs and establishing appropriate standards and specifications for FOG control devices.

"FOG control device"

means any FOG interceptor, FOG trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect FOG prior to it being discharged into the sewer system. A FOG control device may also include any other proven mechanism to reduce FOG subject to the approval of the Director.

"FOG interceptor"

means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between an FSE and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next.

"FOG trap"

means a FOG control device that is used to serve individual fixtures and have limited effect and is only used in situations where the use of a FOG interceptor or other FOG control device is determined to be impossible or impractical.

"Fomites"

means any inanimate objects that can carry disease-causing organisms.

"Food service establishment (FSE)"

means a food facility as defined in the California Uniform Retail Food Facility Law (CURFFL), Health and Safety Code (HSC) § 113789, which includes any operation where food is consumed on or off the premises, public and private school cafeterias, restricted food service facilities, licensed health care facilities, commissaries, mobile food facilities, mobile support units, temporary food facilities, vending machines, certified farmers' markets, and farm stands. Note that food facilities as defined under HSC § 113789 exclude private homes and specific food service events or premises. In addition, the definition of FSE includes any commercial or public entity within the boundaries of the City's jurisdiction, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG.

"Grab sample"

means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

"Hazardous substance"

means any substance capable of creating imminent endangerment to health or the environment, including, but not limited to, those substances defined under Section 309(c) of the Act (33 U.S.C. § 1251 et seq.) as follows:

a.

Any substance designated under 40 CFR Part 116 pursuant to Section 311(b)(2)(A) of the Act;

b.

Any element, compound, mixture, solution, or substance designated pursuant to Section 102 of the CERCLA;

c.

Any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of (41 U.S.C. § 3251 et seq.) but not including any waste the regulation of which under the SWDA has been suspended by the Act;

d.

Any toxic pollutant listed under Section 307(a) of the Act;

e.

Any imminently hazardous chemical substance or mixture with respect to which the EPA has taken action pursuant to Section 7 of the TSCA (15 U.S.C. § 2601 et seq.); and

f.

Any waste determined to be hazardous or extremely hazardous in accordance with Title 22 of the CCR, as amended.

"Helminth"

means a worm classified as a parasite, i.e., a disease-causing organism that lives on or in a human or another animal and derives its nourishment from its host.

"Holding tank waste"

means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

"Incompatible pollutant/incompatible constituent"

means any pollutant which is not a compatible pollutant as defined herein.

"Indirect discharge"

means the introduction of pollutants into the wastewater system from any non-domestic source. For the purposes of this Chapter, indirect discharge also means the introduction of any industrial waste to the wastewater system.

"Industrial user (IU)"

means, generally, any discharger of industrial waste, or a source of indirect discharge.

"Industrial waste"

means any solid, liquid or gaseous substance discharged or permitted to flow into a City sewer from any industrial, manufacturing, agricultural, commercial, or business establishment or process, or from the development, recovery, or processing of any natural resource, other than domestic wastewater.

"Infectious waste"

means:

a.

Laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health due to their volume and virulence;

b.

Pathologic specimens, including human or animal tissues, blood elements, excreta, and secretions which contain etiologic agents, and attendant disposable fomites;

c.

Surgical specimens, including human or animal parts and tissues removed surgically or at autopsy which contain etiologic agents, and attendant disposable fomites;

d.

Equipment, instruments, utensils, and other disposable materials, which are reasonably believed to transmit etiologic agents from the rooms of humans, or the enclosures of animals, which have been isolated because of suspected or diagnosed communicable disease;

e.

Human dialysis solid waste materials, including arterial lines and dialyzable membranes;

f.

Carcasses of animals infected with etiologic agents, which may present a substantial hazard to public health if improperly managed; or

g.

Any other material, which in the determination of the Director presents a significant danger of infection because it is contaminated with or may reasonably be expected to be contaminated with, etiologic agents (etiologic agent" means, for the purposes of this Chapter, a type of micro-organism, helminth, or virus which causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings).

"Instantaneous maximum"

means the highest allowable pollutant/constituent concentration to be discharged at any time.

"Interference"

means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

a.

Inhibits or disrupts the City's wastewater sewerage system, its treatment processes or operations, or its sludge processes, uses or disposal; and

b.

Therefore, is a cause of a violation of the City's NPDES permit (including an increase in the magnitude or duration of the violation) or the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued there under (or more stringent State or local regulations): Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

"Local limit"

means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement general and specific discharge prohibitions.

"Lower explosive limit (LEL)"

means the minimum concentration of a combustible gas or vapor in air which will ignite if an ignition source is present.

"Major operational change"

means a physical change or operational change causing generation of an amount of FOG that exceeds the current amount of FOG discharge to the sewer system by an FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur.

"Mass emission rate"

means the weight of material discharged to the sewerage system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a specific pollutant.

"Maximum allowable headworks loading"

means the calculated maximum quantity of a given pollutant (generally expressed in pounds per day) which can be accepted by the City's wastewater treatment plant without the occurrence of interference or pass through.

"Maximum daily limit"

means the maximum allowable discharge limit of a pollutant during a calendar day. Where maximum daily limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where maximum daily limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

"Medical facility"

means any hospital, clinic, medical laboratory, office of a doctor or dentist, convalescent home or related medical or therapeutic facility.

"Medical waste"

means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, X-ray processing wastes, and radioactive waste.

"Milligram per liter (mg/L)"

means a unit of the concentration of a water or wastewater pollutant. It is 0.001 grams of the pollutant in one liter of water, generally considered equivalent to ppm.

"Monthly average limit"

means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

"Monthly average"

means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

"National Pollutant Discharge Elimination System Permit" or "NPDES Permit"

means a permit issued to a POTW pursuant to Section 402 of the Act (33 U.S.C. § 1342).

"National Pretreatment Standard (NPS)" or "pretreatment standard"

means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 14347), which applies to industrial users (IUs). NPS includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5, and categorical standards specified in 40 CFR Parts 401 through 471.

"National Prohibitive Discharge Standard" or "prohibitive discharge standard"

means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR Part 403.5.

"New source"

means:

a.

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 Section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

i.

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

ii.

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

iii.

The production or wastewater generating processes of the building, structure, facility, or installation are 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.

b.

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 a. ii or a.iii above but otherwise alters, replaces, or adds to existing process or production equipment.

c.

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

i.

Begun, or caused to begin, as part of a continuous onsite construction program:

(A)

Any placement, assembly, or installation of facilities or equipment; or

(B)

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; or

ii.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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 contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

"Non-significant categorical industrial user (NSCIU)"

means an industrial user subject to categorical pretreatment standards that never discharges more than 100 gal/d of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

a.

The user, prior to the City's finding as an NSCIU, has consistently complied with all applicable categorical pretreatment standards and requirements;

b.

The user annually submits the certification statement required in Section 13.16.170.E.4 [see 40 CFR § 403.12(q)], together with any additional information necessary to support the certification statement; and

c.

The user never discharges any untreated concentrated wastewater.

"Noncontact cooling water"

means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"North American Industry Classification System"

means the system developed by the U.S. Office of Management and Budget (in cooperation with Statistics Canada and Mexico's Instituto Nacional de Estadistica, Geografiae Informatica) that is used to classify business establishments. NAICS replaced the Standard Industrial Classification (SIC) system in 1998.

"Pass through"

means a discharge which exits the City's wastewater treatment plant into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation).

"Permit"

means wastewater discharge permit issued by the City, unless otherwise indicated by context.

"Person"

means any individual, partnership, firm, company, trust, estate, governmental entity, or any other legal entity, or their respective legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by context.

"pH"

means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solution. It is used in expressing both acidity and alkalinity on a scale ranging from zero to 14 where seven represents neutrality, numbers lower than seven represent increasing acidity, and numbers higher than seven represent increasing alkalinity.

"Pollutant"

means any dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, medical wastes, biological materials, radioactive materials, high-temperature waste, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural wastes, or any pollutant or characteristic of wastewater on which a discharge limitation may be imposed either by the City or by other regulatory agencies (e.g., pH, temperature, turbidity, color, toxicity, odor).

"POTW treatment plant"

means that portion of the POTW which is designed to provide treatment (including recycling and reclamation of municipal sewage and industrial waste). (See also wastewater treatment plant.)

"Pretreatment requirement"

means any substantive or procedural requirement related to pretreatment, other than a Pretreatment Standard, imposed on a user.

"Pretreatment standards or standards"

means prohibited discharge standards, categorical pretreatment standards, and local limits.

"Pretreatment"

means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater system.

"Process wastewater"

means any water that, during manufacturing or processing, comes into contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.

"PUBLIC sewer"

means the City sewer.

"Publicly owned treatment works (POTW)"

means a treatment works as defined by Section 212 of the Act, (33 U.S.C. § 1292), including any sewers that convey wastewater to the POTW treatment plant, and any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature (see also wastewater system).

"Regulatory agencies"

means those agencies having jurisdiction to regulate the operation of, and having appropriate jurisdiction over the City's wastewater system and/or users, including but not limited to the EPA, the SWRCB, and the RWQCB.

"Sanitary sewer overflow" (SSO)

means untreated or partially treated sewage overflows from a sanitary sewer collection system.

"Sanitary sewer"

means a sewer that conveys sewage or industrial wastes or a combination of both, but into which storm, surface, or ground waters or other unpolluted waters are not intentionally admitted.

"Service charge"

means those charges specified in the City's wastewater service rates and charges for furnishing the service of wastewater collection and disposal, and includes charges for extra-strength sewage (TSS and BOD greater than 300 mg/L) but does not include additional fees such as noncompliance fees and administrative penalties, which may be imposed upon any user discharging wastewater in violation of this Chapter.

"Severe property damage"

means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

"Sewage"

means wastewater.

"Sewer main"

means a portion of the public sewer lying in a public easement or street and does not mean a building sewer lateral.

"Sewer"

means a pipe or conduit for conveying domestic and/or industrial wastewater.

"Sewerage system"

means the systems of sewers and appurtenances for the collection, transportation, and pumping of sewage.

"Significant industrial user (SIU)"

means any user that:

a.

Is subject to Federal categorical pretreatment standards; or

b.

Discharges 25,000 gallons per day (gal/d) or more of process wastewater (average annual daily flow) to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

c.

Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic loading capacity of the wastewater treatment plant; or

d.

Has a reasonable potential, in the opinion of the Director, to adversely affect the POTW's operation or for violating any Pretreatment Standard or requirement.

"Significant noncompliance (SNC)"

means any user violations which meet one or more of the following criteria:

a.

Violations of wastewater discharge limits:

i.

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.

ii.

Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

iii.

Any other violation(s) of a pretreatment standard or requirement that the Director determines has caused, alone or in conjunction with other discharges, interference or pass-through; or endangered the health of the general public or employees of the wastewater system.

iv.

Any discharge that has caused imminent endangerment to human health or welfare, or the environment, resulting in the exercise of emergency authority to halt or prevent such a discharge.

b.

Violations of permit compliance schedule milestones by 90 days or more after the schedule date.

c.

Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules, or any other reports required by this Chapter or established as a facility requirement (e.g., in a permit or by other means), by 30 days or more from the due date.

d.

Failure to accurately report noncompliance.

e.

Any other violation(s), which may include a violation of best management practices, which the Director determines will adversely affect the operation or implementation of the local pretreatment program.

"Slug load or discharge"

means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards of this ordinance. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

"Spill containment"

means a protective system installed by a user to prevent the accidental discharge of incompatible pollutant to the sewer.

"Standard Industrial Classification (SIC)"

means a classification pursuant to the Standard Industrial Classification Manual, as most recently amended and issued by the Executive Office of the President, Office of Management and Budget.

"State"

means the State of California.

"Storm drain"

means a pipe or conduit that carries storm, surface, or groundwater drainage, but excludes domestic and industrial wastewater.

"Storm water"

means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

"Temporary user"

means any person or entity granted temporary permission by the Director to discharge unpolluted water to the sewerage system, when no alternate method of disposal is reasonably available.

"Total suspended solids (TSS)"

means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. The laboratory determination shall be made in accordance with procedures established by the EPA and specified in 40 CFR Part 136, as amended.

"Toxic pollutant"

means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307(a) of the Act.

"Trap/interceptor"

means any gravity separation interceptor designed to remove floatable and/or settleable material from a waste prior to its discharge to a City sewer.

"TRC or "technical review criteria"

includes the following:

a.

1.4 times the applicable limit for BOD, TSS, oil, grease and fats; or

b.

1.2 times the applicable limit for any other noncompatible pollutant, excluding pH.

"Unpolluted water"

means water to which no pollutant has been added either intentionally or accidentally.

"Upset"

means any exceptional incident in which unintentional and temporary noncompliance with pretreatment standards or requirements occurs because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by an operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or negligent or wrongful operation.

"User"

means any person entity contributing, causing, or permitting the contribution of wastewater to the wastewater system; any source of indirect discharge.

"Waste hauler"

means any person or entity engaging in vehicular transport of waste as part of, or incidental to, any business for the purpose of disposal of such waste.

"Waste"

means wastewater and any and all other waste substances, whether liquid, solid, gaseous, or radioactive, associated with human habitation.

"Wastewater system"

means all facilities for collecting, pumping, treating, or disposing of wastewater, and includes the sewerage system, as well as the wastewater treatment plant.

"Wastewater treatment plant"

means the POTW treatment plant of the City.

"Wastewater"

means the liquid and water-borne industrial or domestic wastes from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the wastewater system.

(Prior code § 3334; Ord. 1740(25), 12/16/2025)

The owner or occupier of any property used for human occupancy abutting any street or easement in which there is located a sewer main, is required, at his or her expense, to construct a building sewer lateral serving waste discharge fixtures in or on said property, and to connect said lateral to the sewer main in accordance with the provisions of the applicable plumbing code, construction standards of the City, and provisions of this Chapter within 120 days after notice from the Director to do so, provided that such main is within 200 feet of the property. No person shall tap a building sewer lateral into a City sewer main unless advance written permission has been granted by the City.

(Prior code § 3335; Ord. 1740(25), 12/16/2025)

The Director is hereby empowered to revoke a user's Wastewater Discharge Permit, or to order the disconnection of the user's building sewer lateral(s) from the sewer main, or to order the severance or plugging of any such lateral(s) as necessary in the opinion of the Director to terminate a discharge in violation of this Chapter in order to protect the health and safety of the community. The Director's decision may be appealed in accordance with Section 13.16.140 of this Chapter. The premises shall not be reconnected until all wastewater discharge permits required in accordance with this Chapter are obtained, and all applicable charges and fees for disconnection and reconnection have been paid.

(Prior code § 3336; Ord. 1740(25), 12/16/2025)

No person shall willfully break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater system.

(Prior code § 3337; Ord. 1740(25), 12/16/2025)

Any person owning or controlling any premises connected to the public sewer shall keep all building sewer laterals and fixtures in good working order and repair at all times at his or her own expense.

(Prior code § 3338; Ord. 1740(25), 12/16/2025)

No user shall discharge any sanitary sewage, industrial wastes, or polluted water into any place other than a public sewer. No user shall construct, excavate, or install within the corporate limits of the City any installation, tank, leach line, or pit commonly known, described, and referred to as a "septic" tank or any similar device or installation designed to be used for the disposal of wastewater, without advance written authorization from the Director and the RWQCB.

(Prior code § 3339; Ord. 1740(25), 12/16/2025)

All users shall allow authorized representatives and agents of the City, at all reasonable times, to allow ready access to all parts of the premises of the user in which a permitted discharge source or treatment system is located, or in which records required to be kept in response to pretreatment requirements are located, in order to carry out the inspection, records examination, copying, monitoring, and surveillance procedures necessary to determine compliance with this Chapter. For the purposes of this Chapter, all reasonable times include not only normal working hours, but at any time a discharge to the wastewater system, is occurring, or may occur. Where a user has security measures in force which would require proper identification and clearance before entry, the user shall make necessary arrangements with user's security personnel so that, upon presentation of suitable identification, authorized representatives and agents of the City will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Refusal, obstruction, or unreasonable delay of access for the purposes of inspection, monitoring, surveillance, and compliance evaluation in accordance with this Chapter may result in revocation of permit (Section 13.16.230), or other appropriate enforcement action.

A. The Director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

B. The Director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least as frequently as specified in the manufacturer's instructions to ensure their accuracy.

C. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(Prior code § 3340; Ord. 1740(25), 12/16/2025)

A. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by EPA.

B. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

C. Except as indicated in Subsections D and E below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

D. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

E. For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the periodic compliance reports required by Section 13.16.170.C (40 CFR §§ 403.12(e) and 403.12(h)), the user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

F. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

G. If a user subject to reporting requirements monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed through this Section 13.16.100, the results of this monitoring shall be included in the report.

(Prior code § 3341; Ord. 1740(25), 12/16/2025)

User information and use of data obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the general public without restriction, unless the user specifically requests otherwise, and demonstrates to the satisfaction of the Director that the release of such information would divulge information entitled to protection as user's trade secrets. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR § 2.302 shall not be recognized as confidential information and shall be available to the public without restriction. Government agencies shall handle confidentiality claims in accordance with the procedures specified in 40 CFR Part 403.14 (Confidentiality) and/or 40 CFR Part 2 (Public Information) and subject to applicable State statutes.

(Prior code § 3342; Ord. 1740(25), 12/16/2025)

It is the responsibility of private and public utilities connected to the City's wastewater system to ensure that wastewater discharged to the wastewater system is in strict compliance with the provisions of this Chapter, all contractual agreements, and all applicable laws, regulations, standards, and limitations.

(Prior code § 3343; Ord. 1740(25), 12/16/2025)

Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471. Upon the promulgation of NPS, including categorical pretreatment standards, the NPS, if more stringent than the limitations imposed under this Chapter, shall immediately supersede the limitations imposed under provisions of this Chapter. The Director shall notify all affected users of the promulgation of applicable pretreatment standards, and of the applicable reporting requirements of 40 CFR Part 403.12.

(Prior code § 3344; Ord. 1740(25), 12/16/2025)

The Director is hereby empowered to enforce the rules, regulations, and limitations established in this Chapter, to implement the provisions of this Chapter. Any user, permit applicant, or permit holder (collectively, user) affected by any decision, action, or determination made by the Director interpreting or implementing the provisions of this Chapter or any wastewater discharge permit issued pursuant to this Chapter, may request a reconsideration by the Director of the decision, action, or determination by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code. The Director shall render a decision within 15 working days after receipt of the request. If the user is dissatisfied with the ruling of the Director, the user may appeal to the City Council by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code.

Nothing in this Chapter shall be construed as prohibiting any special agreement or arrangement between the City and any user whereby a waste of unusual strength or character may be admitted to the wastewater system, either before or after pretreatment, provided that such waste is in compliance with all applicable State and Federal requirements; provided, however, that no impairment to the functioning of the wastewater system will occur by reason of admission of such wastes, and that no extra costs are incurred by the City without being fully reimbursed by the user.

(Prior code § 3345; Ord. 1740(25), 12/16/2025)

(Prior code § 3346; Ord. 1740(25), 12/16/2025)