Merced Municipal Code Ch. 15.24 Use Restrictions

Footnotes:

--- (1) ---

Editor's note— Ord. No. 2402, § 4, Dec. 17, 2012, amended Ch. 15.24 in its entirety to read as herein set out. Former Ch. 15.24, §§ 15.24.010—15.24.170, pertained to similar subject matter, and derived from Ord. 1489, § 1(part), adopted 1983; Ord. 1549, §§ 2, 3, adopted 1984; Ord. 1649, § 1, adopted 1987; Ord. 1747A, §§ 10—15, adopted 1989; and Ord. 2168, §§ 7, 8, adopted 2004.

It is unlawful for any person to cause, suffer or permit the disposal of sewage, human excrement or other liquid wastes, in any place or manner except through and by means of an approved plumbing and sewage system, installed and maintained in accordance with the provisions of this division and of the plumbing code of the city.

(Ord. No. 2402, § 4, 12-17-2012)

It is unlawful to discharge to any natural outlet within the city, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this division.

(Ord. No. 2402, § 4, 12-17-2012)

Except as provided in this chapter, 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.

(Ord. No. 2402, § 4, 12-17-2012)

The owner or occupant of lands, buildings or premises having private sewage disposal systems, hereafter annexed to the city, may continue the use of such system within the city, provided that the same is not enlarged, modified, or expanded and is approved by the chief building official; however, in no event shall such system be used or be available for use upon failure as determined by the appropriate health official or regulatory authority, and the land, building, or premise shall thereafter be connected to the city's sewage system at the owner's sole cost and expense.

(Ord. No. 2402, § 4, 12-17-2012)

(a) No person shall discharge or cause to be discharged, wastewater into the POTW that contains substances or has characteristics which, either alone or by interaction with other wastewater, causes, threatens to cause or contributes:

A. Damage to the POTW.

B. Interference with the operation or maintenance of the POTW.

C. Obstruction of flow in the POTW.

D. Hazard to human life.

E. Interference with the POTW treatment plant processes or operations.

F. Interference with sludge processes, use or disposal.

G. The city to violate its NPDES permit or receiving water quality standards.

H. The POTW treatment plant's effluent or any other product of the POTW treatment plant, such as sludge, to be unsuitable for reuse or disposal.

(b) No person shall discharge or cause to be discharged to the POTW the following pollutants, substances or wastewater:

A. Explosive Mixtures. Liquids, solids, or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause a fire or explosion hazard or be injurious in any other way to the POTW or to the operation of the POTW. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, zylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. Any discharge of pollutants that causes a closed cup flashpoint at any point within the POTW of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Centigrade), using the test methods specified in 40 CFR 261.21, is prohibited.

B. Noxious Material. Noxious or malodorous solids, liquids or gases, which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or prevent entry into a public sewer for its maintenance and repair.

C. Improperly Shredded Garbage. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-half-inch in any dimension.

D. Radioactive Wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the POTW or personnel operating the POTW.

E. Solid or Viscous Wastes. Solid or viscous wastes in amounts which will or may cause obstruction to the flow in the POTW, or otherwise interfere with the proper operation of the POTW. Prohibited materials include, but are not limited to, uncomminuted garbage, animal guts or tissues, paunch manure, earth, bones, feathers, ashes, cinders, sand, spent lime, cement, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil and similar substances.

F. Excessive Discharge Rate. Wastewaters at a flow rate or containing such concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flow rate during the user's normal operation and that would cause a treatment process upset, interference or a loss of treatment efficiency at the POTW treatment plant.

G. Toxic Substances. Any toxic substances in amounts exceeding standards promulgated by the administrator of the EPA pursuant to Section 307(a) of the federal act, or as established by the City, and chemical elements or compounds, phenols, or other taste or odor producing substances, or any other substances which are not susceptible to treatment or which may interfere with the treatment processes or efficiency of the POTW treatment plant, or that will be unsuitable for reclamation and reuse.

H. Unpolluted Waters. Any unpolluted water including, but not limited to, water from cooling systems or of stormwater origin, which will increase the hydraulic load on the POTW without the prior approval of the city. The city may approve the discharge of such water to the POTW only when no reasonable alternative method of disposal is available.

I. Discolored Material. Wastes with objectionable color not removable by the POTW treatment plant.

J. Corrosive Wastes. Any waste which will cause corrosion or deterioration of the POTW. All wastes discharged to the POTW must have a pH value in the range of six (6) to ten (10) standard units. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic products.

K. Temperature. Any waste having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five and one-half (65.5) degrees Centigrade), but in no case heat in such quantities that causes the temperature at the POTW treatment plant headworks to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Centigrade).

L. Oil and Grease. Grease in excess of three hundred (300) mg/l of animal and vegetable origin and one hundred (100) mg/l of mineral or petroleum origin, or any flammable wastes, and, grit and other harmful ingredients without an approved grease or sand/oil interceptor, as applicable. All grease interceptors shall comply with the requirements in Chapter 15.30. All oil/sand interceptors shall be of a type and capacity approved in writing, prior to installation, by the director, and shall be located so as to be readily and easily accessible for cleaning and inspection. Sand/oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers, which, when bolted in place, shall be gastight and watertight. Oil/sand interceptors shall be constructed in commercial and industrial cleaning facilities. Where installed, all oil/sand interceptors shall be maintained by the owner at owner's expense in continuous efficient operation at all times. Materials collected shall be not be reintroduced into the POTW.

M. Cannery Wastes. Any fruit or vegetable processing wastes or any other processing plant wastes which are retained on a screen having twenty (20) meshes per inch each way.

N. Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

O. Any trucked or hauled pollutants, except at discharge points designated by the POTW.

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

(Ord. No. 2402, § 4, 12-17-2012)

No owner shall discharge any substances directly into a manhole or other opening in a public sewer other than through an approved building sewer, unless the owner has been issued a permit by the city for a direct discharge.

(Ord. No. 2402, § 4, 12-17-2012)

An owner proposing to discharge holding tank waste into a public sewer must secure a holding tank waste discharge permit. Unless allowed by the city under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. The permit will state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a public sewer, the owner shall pay the applicable user charges and fees and shall meet such other conditions as required by the city.

(Ord. No. 2402, § 4, 12-17-2012)

Notwithstanding Section 15.24.050(b)(A), water polluted with petroleum hydrocarbons constituents at levels not to exceed those specified in subsection D below may be temporarily discharged into the POTW in order to effectuate the cleanup of groundwater contamination. Discharge shall be subject to the following conditions:

A. A permit, revocable at will by the city engineer, shall be obtained to connect the hydrocarbon recovery system to the public sewer. The permit shall be conditioned by the city engineer to recover all costs to the city associated with the system and to guarantee the integrity of the POTW.

B. The discharge shall be allowed only when no other practical means of disposal is available.

C. The discharger shall be under a cleanup order from the state, city or county, and the cleanup order must be filed with the city engineer prior to issuance of the permit.

D. Unless further limited by the permit, discharge levels shall not exceed the following levels:

E. All discharges shall terminate immediately upon order of the city engineer.

(Ord. No. 2402, § 4, 12-17-2012)

No owner shall discharge into a public sewer wastewater containing in excess of 1,000 mg/l biochemical oxygen demand or one thousand mg/l total suspended matter (based on 24-hour composite sample) without a valid wastewater discharge permit. Dilution of any wastewater discharge for the purpose of satisfying these requirements is prohibited and shall be considered a violation of this division.

(Ord. No. 2402, § 4, 12-17-2012)

A. To protect the POTW, to prevent the discharge of pollutants which would pass through the POTW without sufficient treatment, to prevent contamination of recovered byproducts produced by the POTW, and so as not to cause the city to violate its National Pollution Discharge Elimination System permit, all users discharging into a public sewer shall be required to remove incompatible pollutants from their waste, unless a wastewater discharge permit is first obtained from the city.

B. Any user requesting a wastewater discharge permit shall conduct a sampling and laboratory analysis program to the satisfaction of the city to establish the quantities and concentrations of incompatible pollutants. At the option of the city, the analyses may include, but not be limited to, measurement of arsenic, barium, cadmium, calcium, chemical oxygen demand, copper, cyanide, fluoride, iron, lead magnesium, mercury, methyl blue active substances, nickel, nitrogen, potassium, radioactivity, silver, sodium, total chromium, total filterable residue, toxicity, zinc, chlorinated hydrocarbons, and phenolic compounds.

C. The city will evaluate the probable impact of the discharge on the operation of the POTW, the ability of the POTW to comply with its NPDES permit , and the impact on recoverable byproducts. The city will then establish specific limitations on such incompatible pollutants as the city determines necessary.

D. Notwithstanding the above requirements, all users discharging into the POTW are required to remove incompatible pollutants from their waste in conformance with national pretreatment standards.

(Ord. No. 2402, § 4, 12-17-2012)

A. No person shall discharge wastewater to the POTW that contains concentrations or a mass emission rate of material exceeding limits established by the table below. Material limits for heavy metals, cyanide and chlorinated hydrocarbons, and other materials are for the purpose of preventing the introduction of any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to cause the POTW treatment plant effluent or treatment residues, sludges or scums, to be unsuitable for discharge, disposal or beneficial use.

SPECIFIC POLLUTANT LIMITATIONS

B. Exemption to the specific pollutant limitations may be granted by the director if the user demonstrates that the discharge will not, either singly or by interaction, injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, have the reasonable potential to cause the city to violate its NPDES permit or the POTW treatment plant effluent or treatment residues, sludges or scums, to be unsuitable for discharge, disposal or beneficial use.

C. Notwithstanding the above requirements, all users discharging into the POTW are required to remove incompatible pollutants from their waste in conformance with national pretreatment standards.

(Ord. No. 2402, § 4, 12-17-2012; Ord. No. 2474, § 1, 5-15-2017)

When charges and fees are based upon the water usage such charges and fees shall be applied against the total amount of water used from all sources unless in the opinion of the director, significant portions of water received are not discharged to the POTW. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the city.

(Ord. No. 2402, § 4, 12-17-2012)

When charges and fees are based upon water usage and when, in the opinion of the director, a significant portion of the water received from any metered source does not flow into the POTW because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the POTW. Written notification and proof of the diversion of water must be provided by the user and approved by the city if the user is to avoid the application of the charges and fees against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the city and at the user's expense. Such meters shall measure either the amount of wastewater discharged or the amount of water diverted. Such meters shall be maintained at the expense of the user and be tested for accuracy at the expense of the user when deemed necessary by the director. For users who, in the opinion of the director, divert a significant portion of their flow from the POTW, the charges and fees may be based upon measurement of the flow and volume to be discharged prepared by the user and approved by the city, provided the user obtains a wastewater discharge permit and pays the applicable charges and fees. The measurement must include the method, calculations and type of equipment used to determine the wastewater volume.

(Ord. No. 2402, § 4, 12-17-2012)

The director may require that any person discharging wastewater into the POTW file a periodic discharge report. The discharge report may include, but need not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, and any other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to discharge reports, the city may require information in the form of wastewater discharge permit applications and self-monitoring reports.

(Ord. No. 2402, § 4, 12-17-2012)

The city may refuse to furnish sewer service and may discontinue all services to any premises where apparatuses, appliances or equipment using water is found by the director to be dangerous or unsafe or where the use of water on such premises is found by the director to be detrimental or injurious to the sewer service furnished by the city or to other premises, or where the director finds that negligent or wasteful use of water exists on any premises which affects the city's sewer service. The city shall have the right to refuse or discontinue sewer service to any premises if necessary to protect itself against fraud or abuse or to prevent a violation or potential violation of its NPDES permit.

(Ord. No. 2402, § 4, 12-17-2012)

Special agreements and arrangements between the city and any owner may be established when in the opinion of the city unusual or extraordinary circumstances compel special terms and conditions.

(Ord. No. 2402, § 4, 12-17-2012)