Los Banos Municipal Code Ch. 5 Sewer System

Note: Sections 6-5.01 through 6-5.10, codified from Ordinance No. 273, as amended by Ordinance No. 497, effective May 31, 1974, and urgency Ordinance No. 616, effective June 21, 1978, repealed by Section 1, Ordinance No. 615, effective August 21, 1978.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"BOD" (biochemical oxygen demand)

shall mean the quantity of oxygen utilized in biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade expressed in milligrams per liter.

"Building drain"

shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer. The building drain ends where it connects to the building sewer two (2′) feet outside the building wall.

"Building sewer"

shall mean the extension from the building drain to the public sewer or other place of disposal, including the connection to the public sewer.

"Business classification code"

shall mean a classification of discharges based on the 1972 Standard Industrial Classification Manual, Bureau of the Budget of the United States of America.

"City"

shall mean the City of Los Banos represented by its designated agent.

"Council"

shall mean the Council of the City.

"City Engineer"

shall mean that person or firm employed by the City for the purpose of rendering engineering services to the City.

"COD" (chemical oxygen demand)

shall mean the quantity of oxygen utilized in the chemical oxidation of inorganic and organic matter under standard laboratory procedures in milligrams per liter.

"Combined sewer"

shall mean a sewer receiving both surface runoff and waste water.

"Contamination"

shall mean an impairment of the quality of the waters of the United States by wastes to a degree which creates a hazard to the public health or safety through poisoning or through the spread of disease.

"Critical industry"

shall mean a discharger whose waste water requires special regulations or contains industrial wastes requiring source control or whose average waste water strength cannot be established on a business classification basis. (See subsection (i) of subsection (1) of subsection (a) of Section 6-5.06 of this chapter.

"Discharger"

shall mean any person who discharges or causes the discharge of waste water to the sewage collection system.

"Director"

shall mean the City Manager or his authorized deputy, agent, or representative.

"Dwelling unit"

shall mean each single-family house, each apartment, mobile home unit, or factory-built housing, or each living quarters having its own separate kitchen facility.

"Garbage"

shall mean putrescible solid wastes from the domestic and partial preparation, cooking, and dispensing of food and from the handling, storage, and sales of produce.

"Industrial waste"

shall mean the water-carried putrescible wastes from industrial manufacturing or industrial processing as distinct from sanitary sewage. "Industrial waste" shall include the trade wastes produced by, but not limited to, food processing and bottling plants, food manufacturing plants, slaughtering plants, tallow works, disposal services, industrial clearing plants, fertilizer plants, car and truck washes, laundries, cleaning establishments, cooling plants, industrial plants, factories, and chemical treatment installations. "Industrial waste" shall not include sanitary sewage, such as might be discharged from residences, hotels, or restaurants or from business establishments or premises engaged solely in the sale, storage, or repair of goods, wares, or merchandise, nor shall it include water of quality acceptable for discharge to the storm drainage system.

"Industrial waste sewer"

shall mean a sewer receiving industrial wastes only.

"Inspector"

shall mean the City Inspector or other authorized agent.

"Natural outlet"

shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

"Nuisance"

shall mean a discharge of waste water in violation of City regulations or orders, or which is or could be harmful to or unreasonably affect the sewage disposal facilities of the City, or which impairs or unreasonably affects the operation and maintenance of such facilities, or which violates the quantity, quality, or flow standards adopted by the City, and all waste water discharges which unreasonably affect the quality of the City's treatment plant effluent in such a manner that receiving water quality requirements established by law cannot be met by the City.

"Person"

shall mean any individual, firm, company, association, society, corporation, or group.

"pH"

shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

"Premises"

shall mean a parcel of real property, or portion thereof, including any improvement thereon, which is determined by the City to be a single unit for the purposes of receiving, using, and paying for sewage disposal service. In making such determination, the City shall take into consideration such factors as whether the unit could reasonably be subdivided, the number and location of side sewers, and whether the unit is being used for a single activity and, if not, what is the principal activity for sewage disposal services, but in any case the City determination shall be final.

"Properly shredded garbage"

shall mean the wastes from the preparation, cooking, and dispensing of foods which have 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 (1/2") inch in any dimension.

"Public sewer"

shall mean a sewer in publicly-owned land or easements and controlled by the City and shall not include that portion of the building sewer lying within publicly-owned land or easement.

"Sanitary sewage"

shall mean the water-carried putrescible wastes from residences, hotels, restaurants, or eating houses or from business establishments or premises engaged solely in the sale, storage, or repair of goods, wares, or merchandise and which contains garbage, human wastes, or animal wastes.

"Sanitary sewer"

shall mean a sewer which carries sanitary sewage and to which storm, surface, and ground waters are not intentionally admitted.

"Sewage"

shall mean a combination of the water-carried wastes from residences, businesses, institutions. and industrial establishments, together with such ground and surface waters as may be present.

"Sewage treatment plant"

shall mean any arrangement of devices and structures used for treating sewage.

"Sewage works"

shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

"Sewer"

shall mean a pipe or conduit for carrying sewage.

"Shall"

shall be mandatory. "May" is permissive.

"Slug"

shall mean 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 the average 24 hour concentration of flows during normal operations.

"Standard Methods"

shall mean the procedures described in the latest edition of "Standard Methods for the Examination of Water and Wastewater", as published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. Elements of waste water strength shall be measured by Standard Methods unless otherwise expressly stated.

"Storm drain"

(sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage but which excludes sewage and industrial wastes other than uncontaminated cooling water.

"Suspended solid"

shall mean the concentration of nonfilterable residue dried at 103 degrees to 105 degrees Centigrade on a filter in conformance with Standard Methods.

"Watercourse"

shall mean the channel in which a flow of water occurs, either continuously or intermittently.

"Waste"

shall mean sewage and any and all other waste substances, liquid, solid, or gaseous, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature.

"Waste water"

shall mean all sewage, industrial, and other wastes and waters, whether treated or untreated, discharged into or permitted to enter the sewage works for treatment. As used in this chapter, unless the context specifically indicates otherwise, "waste water" shall mean sewage and industrial wastes discharged to the sewage works by any person.

"Waste water strength"

shall mean the quality of waste water discharged as measured by its elements, including its constituents and characteristics.

"POTW"

shall mean publicly-owned treatment works.

(§ 2, Ord. 615, eff. August 21, 1978, as amended by § 1, 2, 3, and 4, Ord. 757, eff. October 31, 1986 and § 1, Ord. 842, eff. March 22, 1991)

(a) Unsanitary disposal of wastes prohibited. It is unlawful for any person to place, deposit, or permit to be deposited in any manner, on public or private property within the City or in any area under the jurisdiction of the City, any human or animal excrement or other objectionable waste, except in the public sewer; however, no prohibited waste shall be discharged to a public sewer or be held or disposed of in any manner within the City.

(b) Disposal of sewage to natural outlets prohibited. It is unlawful to discharge to any natural outlet any sewage or other polluted water, except where suitable treatment has been provided in accordance with the provisions of this chapter.

(c) Septic tanks and the like prohibited. It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage, except as provided in this chapter.

(d) Public sewer use required. The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is located or may in the future be located a public sanitary sewer of the City, are hereby required, at the expense of the owner, to install suitable toilet facilities directly connected with the proper public sewer, in accordance with the provisions of this chapter, within 90 days after the date of official notice to do so, provided such public sewer is within 200 feet of the property line.

(e) Private waste water disposal systems. Where a public sanitary sewer is not available under the provisions of this section, the building sewer shall be connected to a private waste water disposal system complying with the provisions of this section. Before the commencement of the construction of a private waste water disposal system, the owner shall first obtain a written permit from the City. The application for such permit shall be made on a form furnished by the City which the applicant shall supplement by any plans, specifications, and other information as deemed necessary by the City. A permit and inspection fee of Twenty-Five and No/100ths ($25.00) Dollars shall be paid to the City at the time the application is filed. A permit for a private waste water disposal system shall not become effective until the installation is complete and approved by the City. The City shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the City when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within one working day after the receipt of notice by the City. The type, capacities, location, and layout of a private waste water disposal system shall comply with all the requirements and recommendations of the Department of Public Health of the State. No permit shall be issued for any private waste water disposal system employing subsurface soil absorption facilities where such facilities would endanger or affect the public water supply. No septic tank or cesspool shall be permitted to discharge to any natural outlet. At such time as a public sewer becomes available to a property served by a private waste water disposal system, a direct connection shall be made to the public sewer within 90 days in compliance with this chapter, and any septic tank, cesspool, and similar private waste water disposal facility shall be cleaned of sludge and be filled with suitable material. The owner shall operate and maintain the private waste water disposal facilities in a sanitary manner at all times at no expense to the City. No statement contained in this section shall be construed to interfere with any additional requirement which may be imposed by a Health Officer.

(§ 2, Ord. 615, eff. August 21, 1978, as amended by § 5, Ord. 757, eff. October 31, 1986)

(a) Permits for sewer connections required. No person, except City employees or contractors directly employed by the City who are authorized to do so by the Director, shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director. A building sewer permit shall be obtained before installing a building sewer or connecting a building sewer to the public sewer.

(b) Classes of building sewer permits. There shall be two classes of building sewer permits. One class shall be for residential and commercial service, and the other class shall be for service to establishments producing industrial wastes.

(c) Application forms for sewer permits. The owner or his agent shall make an application for a residential or commercial building sewer permit, or for an industrial building sewer permit, on a form furnished by the City. Such form may be combined with forms for other permits required by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Director. The approval of the application shall be contingent upon the payment of connection fees to the City.

(d) Owners responsible for costs. All costs and expenses incident to the installation, connection, and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage which may directly or indirectly be occasioned by the installation of the building sewer.

(e) Building sewers required for each lot. A separate and independent building sewer shall be provided for every premises, except that the joint use of building sewers may be permitted at the discretion of the Director for developments, such as condominiums, where provisions have been made for joint maintenance by all owners served.

(f) Existing building sewers. Old building sewers may be used in connection with new buildings only when such sewers are found on examination and test by the Director to meet all the requirements of this chapter.

(g) Applicable construction Codes for building sewers. The size, slope, alignment, and materials of construction of a building sewer and the methods to be used in excavating, placing the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the Uniform Plumbing Code and the Improvement Standards and specifications of the City currently in effect at the time of the installation. Permits for building sewers which do not conform in design to the Plumbing Code may be granted if the plans have been approved by the City Engineer.

(h) Surface runoff prohibited in sewers. No person shall make connections of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground waters to a building sewer or building drain which in turn is connected directly or indirectly to the public sanitary sewer or industrial waste sewer.

(i) Applicable construction Codes for sewer connections. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes currently in effect in the City and to the Improvement Standards and Specifications of the City currently in effect. All such connections shall be made gas-tight and watertight and shall be tested in accordance with the Improvement Standards and Specifications of the City to insure a maximum allowable infiltration rate of two hundred gallons per day per inch of diameter of sewer per mile. Any deviation from the prescribed procedures and materials shall be approved by the Director before the installation. Each building sewer shall be provided with a one way cleanout at the property line.

(j) Inspections of building sewer construction. The applicant for the building sewer permit shall notify the Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made during the presence and under the inspection of the Inspector or his representative.

(k) Protective devices required. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. The permittee shall agree to assume responsibility for any public liability or property damages which may result from the work. Streets, sidewalks, parkways, or other public property disturbed in the course of the work shall be restored in accordance with the Improvement Standards and Specifications currently in effect. Permits for building sewers shall also be considered as encroachment permits as required by other provisions of this Code.

(l) Abandonment of building sewers. When sewer service is abandoned, the property owner shall be responsible for plugging the building sewer at the property line in accordance with City standards. If the property owner fails to plug the building sewer within 30 days following abandonment, the City shall cause the building sewer to be plugged, and the costs thereof shall be billed to the property owner.

(§ 2, Ord. 615, eff. August 21, 1978, as amended by § 6, 7, 8, 9, and 10, Ord. 757, eff. October 31, 1986, and § 2, 3, Ord. 842, eff. March 22, 1991)

(a) Clean water prohibited from sanitary sewers. No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or uncontaminated industrial process water to any sanitary or industrial waste sewer.

(b) Storm water disposal. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the City Engineer. Industrial cooling waters or uncontaminated process waters may be discharged on the approval of the City Engineer to a storm sewer or natural outlet.

(c) Materials prohibited in sewers. No person shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewer:

(1) Any gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive liquid, solid, or gas;

(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity (either singly or interaction with other wastes) to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, create any hazard in the receiving area of the sewage treatment plant, or exceeding the limitations set forth in a Categorical Pretreatment Standard;

(3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damages or hazards to the structures, equipment, or personnel of the sewage works;

(4) Solid or viscous substances or substances which may precipitate, solidify, or become viscous at temperatures existing within the sewer collection system in quantities or of such size capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, bones, cinders, glue, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and whole or ground paper dishes, cups, milk containers, and the like;

(5) Any waters containing agricultural spray residuals or wash water from commercial spraying operations;

(6) Any waters or wastes containing strong acids, iron pickling wastes, or concentrated plating solutions, whether neutralized or not;

(7) Any radioactive wastes or isotopes;

(8) Any excessive amount of petroleum or mineral based cutting oils, commonly called soluble oils, and which form persistent water emulsions;

(9) Any strongly odorous waste or waste tending to create odors;

(10) Any waste containing dissolved sulfides above a concentration of 0.1 milligrams per liter;

(11) Hospital or medical wastes which are defined as "infectious wastes" by the Hospital Council of Southern California;

(12) Disposable hypodermic needles, syringes, and associated articles following their use in hospitals, out-patient clinics, or medical and dental offices, whether ground or not;

(13) Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed by this chapter for sources in such subcategory, shall immediately supersede the limitations imposed by this chapter;

(14) No person shall discharge waste water to the sewage works which waste water contains pollutants in excess of those limits set by the Council from time to time by separate resolution; and

(15) State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those set forth in this chapter.

(d) Disposal of prohibited materials. The materials set forth in subsection (c) of this section which are removed from waste water or which are prohibited from entering the sewers shall be legally disposed of. Satisfactory proof of legal disposal shall be required and shall be submitted to the City.

(e) Materials the City Engineer may prohibit in sewers. No person shall discharge, or cause to be discharged, into any sewer the following described substances, materials, waters, or wastes if it appears likely, in the opinion of the City Engineer, that such wastes can harm either the sewers, sewage treatment plant process, or equipment, have an adverse effect on the receiving area, or otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of such wastes, the City Engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, the materials of construction of the sewers, the nature of the sewage treatment process, the capacity of the sewage treatment plant, the degree of treatability of wastes in the sewage treatment plant, and other pertinent factors:

(1) Any liquid or vapor having a temperature higher than 104 degrees Fahrenheit (40 degrees Centigrade);

(2) Any waters or wastes containing fats, wax, grease, or oils of animal origin, whether emulsified or not, in excess of 100 mg/1 or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit (zero and sixty-five (65) degrees Centigrade);

(3) Any garbage which has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 HP (0.76 HP metric) or greater shall be subject to the review and approval of the Director:

(4) Any waters or wastes containing phenols or other paste or odor-producing substances which will cause offensive odors in the sewer collection system or at the sewage treatment plant;

(5) Any waters or wastes having a pH in excess of 9.5;

(6) Materials which exert or cause:

(i) Unusual concentrations of suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues, and organic materials) or of dissolved solids (such as, but not limited to, starch, sugar, sodium chloride, and sodium sulfate);

(ii) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);

(iii) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; and

(iv) Unusual volumes of flow or concentrations of wastes constituting slugs as defined in Section 6-5.01 of this chapter;

(7) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or which are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharges to the receiving area; and

(8) Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations set by the City, the Federal Categorical Pretreatment Standards, or any other applicable criteria, guidelines, or regulations affecting the discharge of wastes.

(f) Interceptors and separators. Interceptors and separators required in order to comply with subsections (c) and (e) of this section or as required in the judgment of the City Engineer shall comply with the applicable sections of the most recently adopted edition of the Uniform Plumbing Code.

(g) Accidental discharges. Each user shall provide protection from the accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent the accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing the facilities and operating procedures to provide for such protection shall be submitted to the City for review and shall be approved by the City before the construction of the facility. No user who commences a contribution to the POTW after October 31, 1986, shall be permitted to introduce pollutants into the system until the accidental discharge procedures have been approved by the City. The review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it shall be the responsibility of the user to immediately telephone and notify the City of the incident. The notification shall include the location of the discharge, type of waste, concentration and volume, and corrective actions.

Within five days following an accidental discharge, the user shall submit to the City a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons or property; nor shall such notification relieve the user of any fine, civil penalty, or other liability which may be imposed by this chapter or other applicable laws.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(h) Charges and fees. The City may impose charges and fees which may include:

(1) Fees for the reimbursement of costs of setting up and processing discharge permit applications;

(2) Fees for the reimbursement for monitoring, inspections, and surveillance procedures;

(3) Fees for reviewing accidental discharge procedures and construction;

(4) Fees for permit applications;

(5) Fees for filing appeals;

(6) Fees for consistent removal (by the City) of pollutants otherwise subject to Federal Pretreatment Standards; and

(7) Other fees as the City may deem necessary to carry out the requirements contained in this chapter.

(§ 2, Ord. 615, eff. August 21, 1978, as repealed and reenacted by §§ 11 and 12, Ord. 757, eff. October 31, 1986)

(a) Discharger classifications. All dischargers shall be classified for sewage disposal purposes in accordance with the principal activity conducted upon the premises, as determined by the City Engineer. The purpose of classification is to facilitate the regulation of waste water dischargers based on quality, quantity, and flow, to provide an effective means of industrial waste source control, and to establish a system of sewage disposal service charges based upon the flow and waste strength which will insure an equitable recovery of City capital and operating costs.

(b) Calculation of user charges. All dischargers shall pay a user charge for City sewage disposal services. The charges will reflect the quantity, quality, and flow of the waste water of the dischargers and will be based on City capital and operating costs to collect, treat, and dispose of waste water.

Additionally, all industrial dischargers shall pay their share of the total amount of the grant fund awarded, divided by a 30 year period. The determination of each industrial user's share of the grant funded facilities shall be determined by the utilization of unit rate formulas which are in compliance with subsection (1) of subsection (b) of Section 204 of the Federal Water Pollution Control Acts Amendments of 1972, in particular, Sections 35.928, 35.928-1, 35.928-2, and 35.935-13. (Copies of said sections of said Act are on file with the City Clerk.) Such unit charge formulas are essentially as set forth in the revenue program attached as Appendix B to the City of Los Banos Amended Projected Report for Sewage Disposal System Enlargement, dated February, 1974, corrected to agree with the Federal Water Pollution Control Acts Amendments of 1972 and the final amount of the grant as estimated during the interim period of construction and as determined to be the final grant amount at the end of the construction period.

Flat charges and unit charges shall be established by the City from time to time and set forth in a schedule of rates and charges. Unit charges will be established for each element of waste water strength which incurs City costs of collection, treatment, and disposal. Commencing on August 21, 1978, such elements will be biochemical oxygen demand and suspended solids. Unit charges for additional elements, including chemical oxygen demand, may be established from time to time as the City incurs additional costs for collection, treatment, and disposal. A unit charge for volume also will be established which reflects City costs of collection, treatment, and disposal of the total volume of waste water.

The total sewage disposal charge for each discharger shall be calculated as follows:

(1) Dischargers from residential premises with four or less dwelling units. A uniform flat monthly charge per dwelling unit for sewage disposal service will be made to dischargers of waste water in this class, regardless of the source of water, except for mobile home subdivisions.

(2) Dischargers from residential premises with five or more dwelling units and dischargers from nonresidential premises. All dischargers of waste water in this class will be assigned a business classification code depending on the principal activity conducted on the premises, except for mobile home subdivisions which will be classed as residential. All dischargers conducting the same principal activity and discharging similar flows and loadings will receive the same business classification code. The City Engineer shall determine the typical waste water strength for each business classification code, and each discharger within that classification will be assumed, for sewage disposal charge purposes, to have the same typical waste water strength.

A classification charge shall be established by the City for each business classification code which will be based on the unit charges for the elements of waste water strength, including volume, as applied to the typical waste water strength of the particular classification.

The sewage disposal charge to a discharger in this class will be calculated by multiplying the classification charge by the volume of water used by the discharger. Any discharger in this class who is issued a waste water discharge permit will thereafter pay a sewage disposal charge as a permit discharger.

(3) Permit dischargers. Dischargers of waste water who arc required to obtain a permit under the provisions of this chapter, excluding permits issued solely for flow estimation, shall pay a sewage disposal charge which shall be the sum of the products of the following: the unit charge for each element of waste water strength, multiplied by the estimated or measured amount per volume of water of each element, multiplied by the volume of water used; and the unit charge for volume, multiplied by the volume of water used as determined herein. The sewage disposal charge for permit dischargers, including both waste water strength and water use, shall be calculated by an apportionment by the City Engineer of strength and use to each building sewer at the discharger's premises.

Dischargers requiring permits solely for flow estimation shall pay a sewage disposal charge calculated by multiplying the classification charge by the volume of water determined by the estimation.

In addition to a sewage disposal charge, the permit discharger shall pay all applicable City permit charges. Commencing on August 21, 1978, all dischargers required to obtain a permit shall pay a sewage disposal charge in accordance with their business classification code until a permit is issued. Dischargers receiving flow estimations on August 21, 1978, shall apply and be issued a permit before the expiration of the existing flow estimate.

(c) Determinations of water used. The applicable volume of water upon which sewage disposal charges shall be based will be determined as follows:

(1) Water discharged to sewers. For premises where no portion of the water received from any source is consumed in the principal activity of the discharger or removed from the premises by means other than sewers, the sewage disposal charge shall be applied against the total amount of water used from all sources. The amount of City water received will be determined from City records. The amount of water used from other sources will be determined by means of a meter installed at the expense of the discharger and approved by the City or by an estimate prepared by the City, after obtaining a permit in accordance with this chapter. The discharger shall report to the City the sources of all water used at his premises other than that supplied by the City and shall notify the City of any changes in such sources.

(2) Water not discharged to City sewers. For premises where a portion of the water received from any source does not flow into sewers because of the principal activity of the discharger or removal by other means, the charge for sewage disposal service will be applied against the volume of water discharging from such premises into sewers. Written notification and proof of the diversion of water shall be provided by the discharger if he is to avoid the application of the sewage disposal charge against the total amount of water used from all sources. He may be required to install a meter, of a type and at a location approved by the City, at his own expense, to determine the quantity of water flowing into the sewers. However, where it is impractical to install meters and where the quantity of water diverted from the sewers amounts to more than 20% of the total water used, the charge for sewage disposal services may be based upon an estimate prepared by the City, after obtaining a permit in accordance with this chapter.

(§ 2, Ord. 615, eff. August 21, 1978)

(a) Permits required. All dischargers, other than residential, whose waste water requires special regulation or contains industrial wastes requiring source control, and all dischargers requiring an estimation of water use, shall secure a waste water discharge permit.

(1) Mandatory permits. All dischargers in the following categories shall obtain a waste water discharge permit:

(i) Dischargers who are designated as critical industries and whose water use for any two consecutive months during the preceding 12 month period has equaled or exceeded a cumulative two month volume of 1,500 cubic feet. A critical industry is a discharger whose waste water requires special regulation or contains industrial wastes requiring source control or whose average waste water strength cannot be established on a business classification basis. Critical industries, for the purposes of this chapter, are all dischargers whose business classification code is within the type of industries classified in Division D, Standard Industrial Classification Manual, Bureau of the Budget of the United States of America;

(ii) Dischargers whose average waste water strength cannot be established on a business classification basis because of seasonal or other variations in operations;

(iii) Dischargers whose waste water strength exceeds the normal range of waste water strength for the business classification code to which the discharger is assigned;

(iv) Dischargers using an unmetered source of water:

(v) Dischargers who have in their water toxic pollutants as defined pursuant to Section 307 of the Act or Chapter 3 of Title 23 of the California Administrative Code or are found by the City, the California Water Resources Control Board, or the Environmental Protection Agency (EPA) to have a significant impact on the sewage treatment system;

(vi) Other dischargers determined by the City to require special regulation or source control; and

(vii) Liquid waste haulers hauling liquids or materials resulting from liquid wastes or industrial wastes which may be liquid borne and which are prohibited from discharge to the sewage treatment system shall obtain a waste discharge permit subject to the following additional permit conditions:

(aa) A liquid waste hauler shall prepare a manifest before transporting the waste off the site.

(ab) The manifest shall contain all the following information:

(1.1) The transporter's waste water discharge permit number, name, and address;

(1.2) The generator's name, mailing address, telephone number, and waste water discharge permit number;

(1.3) The name and address of the disposal site; and

(1.4) A description and the total quantity of waste hauled from the site.

(ac) The generator shall sign and date the manifest before transporting the waste.

(ad) The manifest shall consist of at least three copies, one copy for the generator, one copy for the transporter, and one copy to be mailed to the City by the transporter within 30 days after the acceptance of the waste, indicating by signature and date the acceptance of the waste.

(2) Optional permits. (Repealed by Section 13, Ordinance No. 757, effective October 31, 1986)

(b) Applications. Dischargers seeking a waste water discharge permit shall complete and file with the City a completed application form, accompanied by the applicable City fees, within 60 days after notification by the City, unless such time is extended for good cause. The application may require the following information: estimated waste water strength, estimated waste water flow, and average and peak waste water discharge flow for each building sewer; a plot plan showing the locations of building sewers, sampling points, and pretreatment facilities; descriptions of activities, facilities, and plan processes on the premises, including raw materials, processes, and types of materials which are or could be discharged; the total product produced, by type; the number and type of employees; and any other information the City shall deem necessary to evaluate the permit application.

The City will evaluate the data furnished by the discharger and may require additional information. After the evaluation and approval of the data furnished, the City will determine the allowable average and maximum limits on the elements of the waste water strength and flow to each building sewer at the discharger's premises. The City may issue a waste water discharge permit subject to the terms and conditions provided in subsection (c) of this section.

(c) Terms and conditions.

(1) Terms. All waste water discharge permits shall be expressly subject to all the provisions of this chapter and all rates and charges established by the City. All permits shall be valid for one year and shall be renewed annually; provided, however, the City may establish renewal dates from 12 to 24 months after the issuance of the initial permits issued after August 21, 1978. All permits, except those issued solely for the estimation of water used, shall contain the following terms:

(i) The typical waste water strength and the water use for the flow in each building sewer; and

(ii) The average and maximum limits on the elements of the discharger's waste water strength.

(2) Conditions. Waste water discharge permits may contain any or all of the following conditions:

(i) Limits on the rate and time of discharge or requirements for flow regulation and equalization or other pretreatment;

(ii) Requirements for inspection and sampling facilities, including City access to such facilities as set forth in this chapter;

(iii) Monitoring programs which may include sampling locations; frequency and method of sampling; number, types, and standard of tests; and establishing a reporting schedule. The discharger assigned a monitoring program in conformance with this chapter shall pay all applicable City charges;

(iv) The submission of technical reports or discharge reports;

(v) The maintenance of plant records relating to waste water discharges, as specified by the City, and affording City access thereto; and

(vi) Other conditions deemed appropriate by the City to insure compliance with this chapter and the terms and conditions of the permit.

(d) Change of terms and conditions. The City may change the terms and conditions of a waste water discharge permit, including changing the average limits on the elements of waste water strength, from time to time as circumstances may require. The City shall allow a discharger reasonable time to comply with any City required changes in the permit, except that a change in the average limits of waste water strength shall immediately affect the calculation of the sewage disposal charge.

(e) Transfer of permits prohibited. A waste water discharge permit shall not be assigned or transferred.

(f) Termination. The City Engineer may terminate any waste water discharge permit for the violation of the terms and conditions of the permit or the provisions of this chapter. A permit shall be terminated by the City if the discharger exceeds the maximum allowable discharge limits. A discharger whose permit has been terminated shall apply for a new permit within 30 days following a notice of termination.

Any discharger whose permit has been terminated shall pay sewage disposal charges based upon his former permit or on his assigned business classification code, whichever is higher, until a new permit has been applied for, approved, and issued.

(§ 2, Ord. 615, eff. August 21, 1978, as amended by § 13, Ord. 757, eff. October 31, 1986)

(a) Authority. The City is charged with the responsibility for the City's waste water control program and the administration and enforcement of the provisions of this chapter.

(b) Waste water source control requirements. In order to effectively administer and enforce the provisions of this chapter, the City may require any discharger to comply with any or all of the following requirements:

(1) Discharge reports. The City may require discharge reports, including, but not limited to, questionnaires, technical reports, sampling reports, test analyses, and periodic reports of waste water discharges.

When a report filed by a person pursuant to this section is not adequate in the judgment of the City, the City may require such person to supply such additional information as the City deems necessary.

The discharge report may include, but not be limited to, the nature of the process, volume, and rates of waste water flow, elements, constituents, and characteristics of the waste water, together with any information required in an application for a waste water discharge permit.

(2) Monitoring programs. The City may require of dischargers such technical or monitoring programs, including the submission of periodic reports, as is deemed necessary; provided, however, the burden, including the costs, of such programs and reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained therefrom. The discharger shall pay the applicable City charge for the monitoring program, in addition to the sewage disposal and other charges established by the City.

The monitoring program may require the discharger to conduct a sampling and analysis program of a frequency and type specified by the City to demonstrate compliance with the prescribed waste water discharge limits. The discharger may either:

(i) Conduct his own sampling and analysis program provided he demonstrates to the City that he has the necessary qualifications and facilities to perform the work; or

(ii) Engage a private consulting firm or laboratory certified by the Department of Public Health of the State.

(3) Inspection facilities. The City may require any nonresidential discharger to construct, at his own expense, a sampling facility or inspection manhole, together with the necessary related measuring and sampling equipment, in accordance with the Standard Specifications of the City. The sampling facility or inspection manhole shall be constructed on the building sewer of the discharger or other location approved by the City; provided, however, the City may permit the installation of such facilities on the premises of the discharger at a location which will permit City access to the facility at all times.

Such construction shall be completed within 60 days following written notification from the City, unless such time is extended by the City for good cause. The City may require the discharger to install such sampling facilities or inspection manholes on each building sewer.

(4) Pretreatment facilities. Pretreatment systems or devices may be required by the City to treat waste water prior to its discharge to the public sewer when it is necessary to restrict or prevent the discharge to the public sewer of waste water having strength in violation of the prohibitions or exceeding the limits established by this chapter or to distribute waste water discharges over a period of time.

Pretreatment systems or devices shall be required to treat waste water prior to its discharge to the public sewers in order to comply with Federal pretreatment standards, pursuant to Section 307(B) of the Federal Water Pollution Control Act Amendments of 1972. Pretreatment standards for incompatible pollutants discharged into the public sewer shall be consistent with the "Effluent Limitation Guidelines" published pursuant to Sections 301(B) and 304(B) of said Act.

All pretreatment systems or devices shall be approved by the City, but such approval shall not relieve a discharger of the responsibility for taking all steps necessary to comply with the waste water limitations established by the City. All required pretreatment equipment shall he installed and operated at the discharger's expense.

(c) Trade secrets. When requested by the person furnishing a report or permit application or questionnaire, the portions of the report, or other document, which might disclose trade secrets or secret processes shall not be made available to governmental agencies for use in making studies; provided, however, such portions of a report, or other document, shall be available for use by the City or the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report.

(d) City inspections. The City may inspect the facilities of any discharger to ascertain whether the provisions of this chapter are being met and the waste water discharge limits are being complied with. Such inspections shall be made with the consent of the owner or possessor of such facilities or, if such consent is refused, with a warrant duly issued pursuant to the procedure in accordance with general law; provided, however, in the event of any emergency affecting the public health or safety, such inspections may be made without consent or the issuance of a warrant.

To verify the waste water flows and strengths reported by dischargers or to determine compliance with this chapter, inspections, measurements, and samplings may be conducted from time to time by the City. The City shall have the right to install, maintain, and operate the necessary sampling and measuring equipment on the premises of the discharger.

(e) New connections. Dischargers will be assigned a business classification code and informed of the applicable prohibitions, limits, or conditions and the applicable rates and charges governing sewage disposal service at the time of an application for water service from the City.

All nonresidential dischargers seeking a new sewer connection to a public sewer and any new discharger requiring information prior to applying for water service shall contact the City. The City will inform the discharger of the regulations governing sewage disposal service and the applicability of requirements for inspections, samplings, and pretreatment facilities.

(§ 2, Ord. 615, eff. August 21, 1978)

(a) Enforcement. The City may adopt procedures and rules for the implementation and administration of this chapter. The City shall enforce the provisions of this chapter, including requirements established or permits issued hereunder, as provided in this section.

(1) Requiring dischargers to submit schedules of remedial or preventive measures. When the City finds that a discharge of waste water is taking place or threatening to take place that violates or will violate the prohibitions or limits prescribed by this chapter or the waste water source control requirements or the provisions of a waste water discharge permit, the City may require the discharger to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions the discharger shall take in order to correct or prevent a violation of such requirements.

(2) Issuance of cease and desist orders. When the City finds that a discharge of waste water is taking place or threatening to take place in violation of the prohibitions or limits of this chapter or the waste water source control requirements or the provisions of a waste water discharge permit, the City may issue an order to cease and desist and direct that those persons not complying with such prohibitions, limits, requirements, or provisions (1) comply forthwith; (2) comply in accordance with a time schedule set by the City; or (3) in the event of a threatened violation, take appropriate remedial or preventative action.

(b) Appeal procedures. Any permit applicant, permit holder, or other discharger affected by any decision, action, or determination, including cease and desist orders, made by the City in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the Council a written request for reconsideration within 10 days after such decision, action, or determination, setting forth in detail the facts supporting the request. The City may elect to hold a hearing on the request. The request for reconsideration shall be acted upon by the Council within 30 days after the date of filing. The decision, action, or determination shall remain in effect during such period of review by the Council.

The Council may elect to hear the appeal or refer the matter to a neutral hearing officer for an advisory opinion. The Council shall make a final ruling on the appeal within 30 days after the close of the hearing or receipt of the advisory opinion.

The City may adopt rules and regulations to implement the provisions of this section.

(c) Criminal penalties. Any person who intentionally discharges waste water in any manner in violation of any order issued by the City, which discharge results in contamination, pollution, or a nuisance, as defined in this chapter, shall be guilty of a misdemeanor.

(d) Civil enforcement remedies and penalties. The City may pursue any of the following alternative civil remedies against any discharger who violates the provisions of this chapter:

(1) Damages to facilities: Charges. When the discharge of waste water causes an obstruction, damages, or other impairment to City disposal facilities, the City may assess a charge against the discharger for the work required to clean or repair the facility and add such charge to the discharger's sewage disposal charge.

(2) Fines. A fine of Six Thousand and No/100ths ($6,000.00) Dollars per day may be assessed against any person who intentionally or negligently violates any order issued by the City for violations of the provisions of this chapter or regulating or prohibiting the discharge of waste water which causes, or threatens to cause, a condition of contamination, pollution, or nuisance, as defined in this chapter.

(§ 2, Ord. 615, eff. August 21, 1978)

(a) Sewer rental charges shall be based in part upon the use of the City sewer system.

(b) The Council from time to time, in its discretion, and by ordinance and/or resolution, may fix, alter, change, amend, or revise the charges and rates for services and facilities in connection with the sanitation, sewer, and drainage system of the City.

(§ 2, Ord. 615, eff. August 21, 1978)

No person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the waste water facilities. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.

(§ 2, Ord. 615, eff. August 21, 1978)

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter, or the application of such provision to other persons or circumstances, shall not be affected thereby.

(§ 2, Ord. 615, eff. August 21, 1978)

The City Council finds it necessary and proper to recoup, as near as possible, actual expenses incurred or that will be incurred in providing proper and adequate wastewater collection and treatment facilities. The City does hereby decree that appropriate fees shall be charged to cover the cost of operations, maintenance, repair, and construction of such wastewater collection and treatment facilities. The specific fees to be charged and the guidelines governing the manner of collection shall be in accordance with the provisions set forth by Council Resolution.

(§ 1, Ord. 806, eff. September 1, 1989)