Millbrae Municipal Code Art. I General Provisions

This chapter shall be known as the "Millbrae Sanitary Sewer Ordinance," and may be so cited.

(1976 Code § 8-4.101; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. The city's authority to regulate, control and operate a publicly owned treatment works (POTW), which includes a wastewater collection system, is vested under the Federal Water Pollution Control Act (Public Law 92-500, 33 USC Section 1251 et seq.), the state of California Public Utilities Code and any amendments thereto including guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency and the state of California Department of Health Services, and the San Francisco Bay Area Regional Water Quality Control Board operating under the State Water Resource Control Board.

B. The purpose of this chapter is to provide for, preserve and protect the public health, safety and general welfare of the citizens of the city of Millbrae by:

1. Preventing the introduction of pollutants into the POTW that will interfere with its operation;

2. Preventing the introduction of pollutants into the POTW that will pass through the POTW inadequately treated into receiving waters or that are otherwise incompatible with the POTW;

3. Protecting the general public and POTW personnel who are exposed to wastewater and sludge in the course of their employment;

4. Promoting reuse and recycling of industrial wastewater and sludge from the POTW;

5. Providing for fees for the equitable distribution of the cost of operation, maintenance, construction and improvement of the POTW;

6. Enabling the city to comply with its national pollutant discharge elimination system (NPDES) permit conditions, sludge use and disposal requirements, and other federal or state laws to which the POTW is subject;

7. Providing for constructing, owning, operating and maintaining a POTW, including a wastewater collection system for the purpose of collecting, pumping, treating and discharging municipal wastewater into waters of the state under permit from the state of California;

8. Eliminating or controlling the discharge of detrimental or hazardous environmental and health pollutants into or onto public bodies of water or public lands and controlling discharges into the city's wastewater collection system;

9. Promulgating and enforcing a set of municipal rules and regulations which will provide the maximum public benefit by regulating the quality of wastewater discharged into the city's wastewater collection system, which are uniform in nature and comply with the administrative orders of the Clean Water Act regulations, the water quality requirements set by the regional water quality control board and related effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and all other discharge criteria which are required or authorized by state or federal law.

C. It is the policy and intent of this chapter to protect the public from disease and hazards associated with untreated sewage and to enhance the water quality of our public water courses, bodies of water and wetlands in a manner consistent with the Federal Water Pollution Control Act.

D. It is the policy and intent of this chapter to construct, operate and maintain the city's publicly owned treatment works and enforce the provisions of this chapter in a financially responsible manner such that sufficient revenues are derived by means of periodic sanitary sewer service and use charges and fees to fully fund the city's cost of constructing, operating, maintaining, administering and financing the city's publicly owned treatment works.

(1976 Code § 8-4.102; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. Definitions. As used in this chapter:

"Accidental discharge"

means the discharge of waste in quantities (either concentration, mass, or volume) greater than allowed in this part, the discharge permit, or federal law. The discharge may be sudden or gradual.

"Accidental spill/slug discharge control plan"

shall mean a document that contains, at a minimum, the following elements:

Description of discharge practices, including nonroutine batch discharges.

Description of stored chemicals.

Procedures for immediately notifying the city of Millbrae of slug discharges.

Procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), measures and equipment for emergency response, containment, and proper disposal.

"Act" or "the Act"

means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC Section 1251 et seq.

"Agency"

means the city of Millbrae.

"Applicant"

means the person making application for a permit for a sanitary sewer or plumbing installation and shall be the owner of the premises to be served by the sanitary sewer for which a permit is requested or his/her authorized agent.

"Approval authority"

means either (1) the State Water Resources Control Board in an NPDES state with an approved state pretreatment program, or (2) the administrator of the EPA in a non-NPDES state or NPDES state that does not have an approved state pretreatment program.

"Appurtenance"

means something that belongs with or to another more important thing: accessory.

"Authorized representative of an industrial user"

means (1) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; or (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.

"Backflow prevention device"

means a plumbing device installed and maintained by the property owner, connected to the sanitary sewer lateral on the building side of the lateral cleanout, that protects a property from sewage backing up into a residence or a business from the city sanitary sewer main (see Illustration 1A)[1].

"Backflow relief device"

means a plumbing device installed and maintained by the property owner, connected into the sanitary sewer lateral behind the sidewalk cleanout riser pipe, that relieves backed up sewage above ground and outside the building to protect the property from sewage backing up into a residence or business from the city sanitary sewer main (see Illustration 1A)[2].

"BOD" or "biochemical oxygen demand"

means a measure of the oxygen used in the biochemical degradation of principally organic material under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration (e.g., mg/l).

"Building"

means any structure used for a residence, place of business, recreation, or other purpose of human habitation or use.

"Building drain"

means that part of the lowest piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of a building and conveys it to a sanitary sewer lateral beginning within two feet (0.6 meters) outside the building wall (see Illustration 1A)[3].

"Bypass"

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

"Categorical industrial user, middle-tier"

means a user in the categorical industry that has not been in significant noncompliance (SNC) for the most recent four consecutive six-month periods and for which the discharge of categorical wastewater does not exceed any of the following:

One-hundredth percent of the design dry weather hydraulic capacity of the POTW, or five thousand gallons per day, whichever is smaller;

One-hundredth percent of the design dry weather organic treatment capacity of the POTW; and

One-hundredth percent of the maximum allowable headworks loading for any pollutant for which approved local limits were developed by the POTW.

"Categorical industrial user, non-significant (NSCIU)"

means a user in the categorical industry that discharges no more than one hundred gallons per day of total categorical wastewater to the sanitary sewer.

"Categorical industry"

means an industry that is subject to categorical pretreatment standards promulgated by the EPA.

"Categorical pretreatment standards"

(40 CFR 405 through 471) means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 USC Section 1317), which applies to a specific category of users and which appears in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

"Chain of custody"

means a legal record of each person who had possession of an environmental sample, from the person who collected the sample to the person who analyzed the sample in the laboratory and to the person who witnessed the ultimate disposal of the sample.

"Chronic violations"

mean violations in which sixty-six percent or more of all measurements taken during a six-month period exceed (by any amount) the daily maximum limit or the average limit for the same pollutant parameter.

"City"

means the city of Millbrae.

"City council"

means the governing body of the city.

"City sanitary sewer main" or "city main"

means a public sanitary sewer designed to accommodate more than one sanitary sewer lateral. The city sanitary sewer main is normally buried in the street or public easement area (see Illustration 1A)[4].

"City specifications and standard plans for public works construction"

means a collection of city specifications and details such as sanitary sewer cleanouts and manholes that establish design criteria, materials and construction methods for use within Millbrae. Copies of the current specifications and standard plans for public works construction are available from the public works department.

"Class I wastewater discharger"

means all users who discharge or may potentially discharge Grade 2 or Grade 3 discharges or who are classified as significant industrial users.

"Class II wastewater discharger"

means all users who discharge or may potentially discharge only Grade 1 discharges and who have not been classified as significant industrial users.

"Cleanout"

means a plumbing device installed on the lateral, located in the sidewalk, where a sidewalk exists, maintained by the property owner, made up of a sidewalk frame and plate, backflow relief device, HDPE riser pipe and HDPE wye fitting connected to the sanitary sewer lateral, which allows cleaning the lateral in a direction from the cleanout to the city sanitary sewer main. In backyards, the cleanout must be located two and one-half feet from the property line or within two and one-half feet of the city sanitary sewer main, whichever dimension is less (see Illustration 1A)[5]. The cleanout must be accessible to city maintenance crews and their maintenance equipment at all times.

"Cleanout wye"

means the fitting where the sanitary sewer lateral transitions from the sanitary piping to the cleanout vertical riser.

"COD" or "chemical oxygen demand"

means a measure of the oxygen equivalent of organic matter present in a sample that is susceptible to oxidation by a strong chemical oxidant.

"Code of Federal Regulations" or "CFR"

means a publication of the United States government which contains all of the finalized federal regulations. Federal environmental regulations are found in Volume 40 of the CFR, and the general pretreatment regulations are found at 40 CFR Part 403.

"Compliance"

means meeting all specified conditions and requirements.

"Contamination"

means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.

"Control authority"

means the superintendent of the POTW treatment plant.

"Conventional pollutant"

means a pollutant which has been designated as conventional under Section 304(a)(4) of the Act (33 USC Section 1314), including TSS, BOD, pH, fecal coliform and oil and grease.

"Cooling water"

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

"Department"

means the department of public works.

"Director"

means the director of public works.

"Discharger"

means any user who discharges or causes a discharge to a public sanitary sewer.

"Domestic wastewater"

means human excrement and gray water (discharge from domestic water uses such as household showers, dishwashing operations, etc.).

"Effluent"

means wastewaters or other liquid (raw, untreated, partially or completely treated) flowing from a user to a reservoir, basin, treatment process or wastewater treatment plant.

"Engineer"

means the public works director/city engineer.

"Fixture"

means any unit that discharges into the city sanitary sewer system directly or through the sanitary sewer lateral.

"Flashpoint"

means the minimum temperature at which vapor combustion will propagate away from its source of ignition.

"Flow rate"

means the volume of material passing a given point at any given instant or time period.

"Grade 1 discharge"

means a discharge which poses no immediate harm or future threat to human health, and poses no immediate harm or future threat to the environment, and has no adverse effects on living organisms, and does not result in POTW upset, pass-through or interference, and does not result in damage to or increase maintenance of the city collection system or the POTW.

"Grade 2 discharge"

means a discharge which poses no immediate harm or future threat to human health, and results in minor and short-lived harm to the environment, and has minor and short-lived adverse effects on living organisms, and results in minimal and temporary POTW upset, pass-through or interference, and results in minimal damage to or increased maintenance of the city collection system or POTW.

"Grade 3 discharge"

means a discharge which results in the immediate harm or poses a future threat to human health, or results in significant or extended harm to the environment, or is lethal to living organisms, or has significant or long-term adverse effects on living organisms, or results in significant or extended POTW upset, pass-through or interference, or results in significant damage to or excessive maintenance of the city collection system or POTW.

"Hazardous waste"

(see definition in 40 CFR 261) means a waste that is designated a solid waste and meets one of two criteria: (1) has one of the following four characteristics: ignitability, corrosivity, reactivity or toxicity (according to the toxicity characteristic leaching procedure); or (2) is listed as hazardous waste in 40 CFR 261.31 through 261.33. Virtually all forms of wastes are considered to be solid wastes (including solids, liquids, semi-solids and contained gaseous materials) except those expressly excluded under the federal regulatory definition, e.g., industrial effluent which is mixed with sanitary wastes in the sanitary sewer.

"Holding-tank waste"

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

"Indirect discharge"

means the discharge or the introduction of nondomestic wastewater pollutants from any source regulated under Section 307(b) of the Act (33 USC Section 1317) into the POTW (including holding tank waste discharged into the system).

"Industrial sanitary sewer connection"

means a privately maintained sanitary sewer connecting an industrial sanitary sewer lateral to the city sanitary sewer main for the purpose of conveying industrial wastewater.

"Industrial user"

means any nondomestic source which introduces wastewater into the POTW.

"Industrial waste inspector"

means an individual appointed by the city to conduct inspections of industrial pretreatment facilities to ensure protection of the environment and compliance with regulations adopted by the POTW in addition to the general and categorical pretreatment regulations.

"Industrial wastewater"

means all water-carried waste and wastewater of the city, excluding domestic wastewater, and shall include all wastewater from a producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes from a nonhuman origin.

"Interference"

(see definition in 40 CFR 403.3(i)) means any discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, results in a violation of the POTW's NPDES permit or the violation of the prevention of sewage sludge use or disposal in compliance with the Act or any more stringent state or local regulations.

"Joint sewer lateral"

means two or more sewer laterals from separate parcels that combine into one sewer lateral which in turn connects to the city's sewer main. A joint sewer lateral may cross property boundaries without a public utility or other form of easement.

"LEL" or "lower explosive limit"

means the lowest concentration of a combustible gas or vapor in air that is necessary to support combustion.

"Manager"

means the city manager.

"Millbrae sanitary sewer ordinance" or "ordinance"

includes all of the ordinances listed in this chapter which contain the rules and regulations for discharges to the city's POTW.

"NPDES permit"

means a national pollutant discharge elimination system permit which is a regulatory document issued by either the EPA or an approved state agency. The permit is designed to control the discharge of pollutants from point sources into waters of the U.S. pursuant to Section 402 of the Act (33 USC Section 1342).

"Pass-through"

(see definition in 40 CFR 403.3(n)) means a discharge which exits the POTW 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 the violation.

"Permit"

means any written authorization required pursuant to this or any other regulation of the city for the installation of any sanitary sewer or the discharge of waste into the wastewater collection system.

"Pollutant"

means sewage or any characteristic of sewage and any and all waste substances including, but not limited to, dredged soil, solid waste, concrete, incinerator residue, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, excessive heat, automotive-related wastes, wrecked or discarded equipment, rock, sand, cellar dirt or commercial, industrial, municipal or agricultural waste discharged into water.

"Pollution"

means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

"Pollution prevention"

means the use of materials, processes or practices that reduce or eliminate the creation of pollutants or wastes at the source. This includes practices that reduce the use of hazardous materials, energy, water or other resources and practices that protect natural resources through conservation or more efficient use.

"Premises"

means a single-family dwelling, multifamily dwelling, duplex, triplex, apartment house, condominium, school, commercial building, industrial building or other structure used or useful for the habitation or other occupancy of human beings.

"Pretreatment"

means the reduction in the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, or by other means, except as prohibited by 40 CFR 403.6(d).

"Pretreatment program"

means the program operated by the city POTW encompassing industrial pretreatment and pollution prevention to the sanitary sewer system.

"Pretreatment standard"

means prohibited discharge standard, categorical standards and local limits.

"Pretreatment supervisor"

means an individual appointed by the city to supervise the treatment program.

"Publicly owned treatment works" or "POTW"

means the treatment works as defined by Section 212 of the Act (33 USC Section 1292), which are owned by the city. This definition normally includes the water pollution control plant (WPCP), and any sanitary sewers, pipes and pump stations that convey sewage to the treatment plant. Occasionally, POTW will be used to define one component of the system such as the wastewater treatment plant.

"RCRA" or "Resource Conservation and Recovery Act"

means federal regulations that define solid waste and resource management and recovery. RCRA's primary goals are: (1) to protect human health and the environment from hazardous and other solid waste; and (2) to protect and preserve natural resources through programs of resource conservation and recovery.

"Reclaimed or recycled water"

means water which, as a result of treatment of waste, is suitable for direct beneficial use or a restricted beneficial use that would not otherwise occur.

"Recycling"

(see definition in 40 CFR 261.1(c)) means and includes materials which are used, reused or reclaimed.

"Sanitary sewer"

means a pipe or conduit for carrying sewage.

"Sanitary sewer lateral"

means the portion of a sanitary sewer line that runs from the building cleanout, inclusive of the cleanout wye, to the city's sanitary sewer main and inclusive of the lateral's junction wye at the sanitary sewer main.

"Sanitary sewer main extension"

means an extension to the city sewer main, normally from a sanitary sewer main manhole, that is constructed to provide sewer service to facilities not previously served by the POTW.

"Sewage pumping station"

means any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.

"Significant industrial user" or "SIU"

means an industrial user that meets one of the following criteria:

An industrial user subject to categorical pretreatment standards; or

An industrial user that discharges an average of twenty-five thousand gallons per day (gpd) or more of process wastewater to the POTW; or

An industrial user that contributes a waste stream equal to or greater than five percent of the average dry-weather hydraulic or organic capacity of the POTW; or

Is designated a significant industrial user by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

"Significant noncompliance"

means a compliance status that is assigned to an industrial user whose violation(s) meet one or more of the following criteria:

Chronic violations of permit limits: violations in which sixty-six percent or more of the results from samples taken over a six-month period exceed, by any amount, the daily maximum limit or the average limit for the same pollutant parameter;

Technical review criteria violations: violations in which thirty-three percent or more of the results from samples taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

Any violation of a pretreatment effluent limit (daily maximum or longer-term average) or pretreatment requirement that the POTW superintendent determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;

Discharges that have caused imminent endangerment to human health, welfare, or to the environment, or have resulted in the POTW's exercise of its emergency authority under paragraph 40 CFR 403.8(f)(1)(vi)(B);

Failure to meet, within ninety days after a scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or achieving final compliance;

Failure to submit, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on progress toward meeting compliance schedules;

Failure to accurately report noncompliance; or

Any other violation deemed significant by the superintendent that would adversely affect the operation or implementation of the local pretreatment program.

"Slug discharge"

means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the city's regulations, local limits or permit conditions.

"Solvent management plan"

means a strategy for keeping track of all solvents delivered to a site, their storage, use and disposal. This includes keeping spent solvents segregated from other process wastewater to maximize the value of the recoverable solvents, to avoid contamination of other segregated wastes, and to prevent the discharge of toxic organics to any wastewater collection system or the environment.

"Source reduction"

means the process of reducing or eliminating the generation of wastes at the source through raw material changes, product changes, technology modifications, and alterations in management policies, operating procedures and housekeeping practices.

"Standard industrial classification" or "SIC"

means a classification pursuant to the Standard Industrial Classification manual issued by the Executive Office of the President of the United States, Office of Management and Budget.

"Standard Methods"

means the current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, American Waterworks Association and the Water Environment Federation outlining accepted laboratory procedures used to analyze water and wastewater.

"State"

means the state of California.

"Storm water collection system"

means a storm drainage system, owned by the city, which carries storm and surface or groundwater and drainage, but excludes sewage and polluted industrial wastes.

"Street"

means any public highway, road, street, avenue, lane, alley, way, court, public place, public easement or right-of-way.

"Superintendent"

means the superintendent of the POTW. The public works superintendent is specifically identified by the complete job title throughout this chapter.

"Suspended solids" or "suspended matter"

means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedures described in "Standard Methods."

"Technical review criteria"

means violations in which thirty-three percent or more of the results from samples taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

"Toxic pollutant"

means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism either directly from the environment or indirectly by ingestion through the food chain, will, on the basis of information available to the administrator of the EPA, cause death, disease, behavior abnormalities, cancer, genetic mutations, physiological malfunction (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. Such pollutants which have been identified as toxic are listed in 40 CFR 122, Appendix D.

"Trap"

means a cast iron or stainless steel containment device used for trapping substances and to prevent grease, sand or flammable liquids from entering the wastewater collection system.

"Uncontaminated water"

means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the city storm water collection system.

"Upset"

means an exceptional incident in which there is unintentional and temporary noncompliance with federal, state or local discharge regulations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operator error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

"User"

means any person or business who contributes, causes or permits the contribution of wastewater into the city wastewater collection system.

"Waste minimization"

means the reduction or elimination, to the extent feasible, of any waste that is generated or subsequently treated, stored, or disposed of. It is the elimination or reduction in the use of hazardous materials and the generation of hazardous wastes. It seeks to prevent pollutant releases to all environmental media; water, land or air.

"Wastewater"

means liquid and water which is generated or discharged by residential, industrial, commercial institutions, municipal, mobile, agricultural, or other sources, whether treated or untreated, which is contributed into or permitted to enter the POTW.

"Wastewater collection system"

means the city sanitary sewer mains, pump stations, manholes and other similar facilities which accept, collect or convey sanitary sewage to the wastewater treatment plant.

"Wastewater discharge permit"

means a permit issued under MMC § 8.20.520, Industrial wastewater discharge permit requirements.

"Waters of the state"

means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

[1]

Editor's Note: Sewer Ordinance Illustration 1A is included as an attachment to this title.

[2]

Editor's Note: Sewer Ordinance Illustration 1A is included as an attachment to this title.

[3]

Editor's Note: Sewer Ordinance Illustration 1A is included as an attachment to this title.

[4]

Editor's Note: Sewer Ordinance Illustration 1A is included as an attachment to this title.

[5]

Editor's Note: Sewer Ordinance Illustration 1A is included as an attachment to this title.

B. Abbreviations. The following abbreviations have the designated meanings:

(1976 Code § 8-4.103; Ord. 740 § 2; Ord. 720 § 1; Amended by Ord. 698 § 1; Ord. 637 § 2)

A. The authority of city personnel to administer and enforce the provisions of this chapter shall be vested in the following public employees who shall carry out the functions and duties assigned herein. Any rule, regulation, order, and/or determination issued by a public employee may be subject to the review and approval by, or appeal to, the city manager, as required or as appropriate. The following public employees are provided authority and responsibility to implement and administer this chapter:

1. The director of public works shall have the authority and responsibility to exercise responsible control over the administration, regulation, operation, maintenance and enforcement of this chapter. The director shall report through the city manager to the city council and be respondent to the regional water quality control board on matters related to the administration and enforcement of this chapter. The director shall be responsible for the interpretation and updating of this chapter and shall exercise supervision over public employees authorized to implement and enforce the provisions of this chapter. The director shall also have the following authority:

a. To establish reasonable standards for the design, construction, operation and maintenance of the POTW, including the wastewater collection system;

b. To enforce the rules and regulations established in this chapter through the issuance of permits, notices of violation and cease and desist orders;

c. To establish, with the approval of the city council, reasonable charges and fees to provide for the implementation and administration of this chapter, and for the construction, operation, maintenance and administration of the POTW which provides the public infrastructure necessary to accomplish the purpose and intent of this chapter;

d. To provide for the construction, expansion, extension, repair and maintenance of the POTW, including the power to commission the use of consultants and contractors in the execution of these tasks, subject to the policies of the city council.

2. The POTW superintendent shall, under the direction of the director, supervise and administer the operation of the POTW, except for the city's wastewater collection system, and enforce all rules and regulations contained in this chapter necessary to comply with the orders of the regional water quality control board. The POTW superintendent shall be responsible for the following: (a) establishing rules and regulations over the discharge of any materials into the city's wastewater collection system; (b) issuing permits to commercial and industrial waste dischargers for connections, including related power to issue separate conditions of use; (c) issuing citations, notices of violations and cease and desist orders as necessary to enforce and administer the provisions of this chapter; (d) hearing appeals made by the public for any enforcement action taken by a pretreatment supervisor or other compliance officers; (e) issuing reports to the State Department of Health Services, regional water quality control board, State Water Resources Control Board, and Environmental Protection Agency on behalf of the city for the purposes of compliance with federal and state clean water laws; and (f) maintaining official city records related to the construction, operation, maintenance and administration of the POTW less the city's wastewater collection system.

3. The public works superintendent shall, under the direction of the director, supervise and administer the operation of the city's wastewater collection system and enforce all of the rules and regulations contained in this chapter. The public works superintendent shall be responsible for the following: (a) enforcing rules and regulations over the discharge of materials in any form into the city's wastewater collection system; (b) issuing citations, notices of violations and cease and desist orders as necessary to enforce and administer the provisions of this chapter; (c) operating, maintaining, expanding and rehabilitating the city's wastewater collection system; and (d) maintaining official city records related to the construction, operation, maintenance and administration of the city's wastewater collection system.

4. The pretreatment supervisor shall, under the direction of the POTW superintendent, have the power and authority to issue and enforce all discharge permits, discharge regulations and pretreatment requirements, including the power to issue inspection reports, notices of violation, citations and compliance orders, necessary for effecting of Article III, "Discharge Regulations," Article V, "Industrial Wastewater Pretreatment Requirements" and Article VI, "Enforcement Remedies," and to specify the type and size of grease trap needed by a business owner to ensure compliance with the city's discharge permit and local limits. The pretreatment supervisor's duties and powers are more specifically set forth in MMC § 8.20.740, Enforcement authority, and MMC § 8.20.750, Right of entry – Inspection and sampling.

5. The building official shall have the power and authority to enforce the elements of this chapter relating to sanitary sewers on private property and as they pertain to Title 9, Chapter 3 of the Plumbing Code.

(1976 Code § 8-4.104; Ord. 720 § 1; Amended by Ord. 698 § 1; Ord. 637 § 2)

The director, POTW superintendent, public works superintendent or building official may delegate assignment of certain functions, responsibilities and authorities to specific city personnel under their direct supervision for specific terms of duration, when deemed appropriate due to the absence of such official or when other administrative agencies require the assistance of subordinate staff. The city manager shall have the sole power to assign or transfer specific duties, powers and authorities on a permanent basis if deemed necessary to achieve compliance with federal and state laws.

(1976 Code § 8-4.105; Ord. 720 § 1; Amended by Ord. 698 § 1; Ord. 637 § 2)

This chapter is meant to function in coordination with other portions of the Millbrae Municipal Code to achieve the stated purpose and intent. If portions of this chapter are held to be invalid or in conflict with other portions of this chapter or the Millbrae Municipal Code by a court of law having competent jurisdiction in the state of California, only those portions determined to be invalid shall be considered as such with no effect whatsoever on the validity of the remaining portions of the Millbrae Municipal Code. Those portions of the Millbrae Municipal Code that relate to this chapter include, but may not be limited to:

A. Chapter 1.05 MMC, Penalty Provisions.

B. Chapter 1.15 MMC, Definitions.

C. Chapter 4.65 MMC, Hazardous Materials Storage.

D. Chapter 6.20 MMC, Municipal Service.

E. Chapter 6.25 MMC, Community Preservation.

F. Chapter 8.10 MMC, Backflow and Cross-Connection Control Program.

G. Chapter 8.30 MMC, Undergrounding of Utilities.

H. Chapter 8.70 MMC, Storm Water Management and Discharge Control.

I. Chapter 9.20 MMC, Plumbing Code.

J. Chapter 9.70 MMC, Drainage Connection to Sewers.

K. Chapter 10.15 MMC, Land Subdivisions.

(1976 Code § 8-4.106; Amended by Ord. 720 § 1; Ord. 637 § 2)

A. The terms and phrases used in this chapter are defined within MMC § 8.20.030, Definitions and abbreviations. Technical and scientific terms and units of measure shall have the meaning applied by the state of California, Regional Water Quality Control Board.

B. If any ambiguity arises concerning the appropriate meaning of terminology, the intent of this chapter or interpretation of rules, regulations or reports, the director shall ascertain all pertinent facts and provide a written interpretation on the intent and meaning of this chapter. Appeals of any interpretation made by the director shall be directed to the city manager in the form of a memorandum setting forth the director's findings and the nature of the question on intent or meaning. The city manager shall be the final arbiter in such questions of interpretation.

(1976 Code § 8-4.107; Ord. 720 § 1; Amended by Ord. 698 § 1; Ord. 637 § 2)

A. In the case where an applicant for a permit or a permittee disagrees with an action or determination taken and formally noticed by the city, the applicant may, within ten days of receipt of such notice, file a written appeal. If the notice of action or determination was not filed by the director, the director shall serve as the responsible person to resolve the appeal.

B. If the director filed the notice of action or determination, then the appellant may appeal such action to the city manager. Any such appeal shall be made in writing and shall be filed with the city manager within ten days of receipt of such notice, accompanied by payment of fees as determined by city council in the "City of Millbrae Fees and Service Charge Schedule."

(1976 Code § 8-4.108; Ord. 720 § 1; Amended by Ord. 698 § 1; Ord. 637 § 2)

A. The owner of any residential, commercial, industrial, or any other structure occupied by humans or containing an operation generating waste anticipated to be discharged to the POTW is required, at the owner's expense, to connect the building directly to the city's wastewater collection system, in accordance with the provisions of this chapter, prior to completion and occupancy of such structure(s).

B. It shall be unlawful for any user to connect to, construct, install, provide, maintain or use any other means of sewage disposal from any structure or parcel of land except by connection to the city's wastewater collection system in the manner as provided for in this chapter. Septic systems and waste storage or waste holding systems shall not be constructed or operated, unless explicitly permitted by the director for temporary purposes.

C. Transient occupancy shall not be permitted in any structure until the structure complies with this chapter and with all other applicable city code provisions.

(1976 Code § 8-4.109; Amended by Ord. 720 § 1; Ord. 637 § 2)

It is unlawful for any user to discharge wastewater, contaminated water, pollutants, hazardous wastes, industrial, commercial or agricultural wastes into the city's wastewater collection system except by connection to the city's sanitary sewer main in the manner as provided for in this chapter, and without first having obtained from the city an appropriate permit to connect and discharge into the city's wastewater collection system/POTW. A permit may be issued based on the type and classification of discharger and the type of wastes intended to be discharged. It is unlawful for any user to discharge storm water into the city's wastewater collection system.

(1976 Code § 8-4.110; Amended by Ord. 720 § 1; Ord. 637 § 2)

No user shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, equipment or facilities which are part of the POTW system. Any user violating this provision shall be subject to the penalties provided by law.

(1976 Code § 8-4.111; Amended by Ord. 720 § 1; Ord. 637 § 2)