Morgan Hill Municipal Code Ch. 13.20 Sewers and Industrial Waste

Footnotes:

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Editor's note— Ord. No. 2108 N.S., § 1, adopted July 2, 2014, repealed the former ch. 13.20, §§ 13.20.010—13.20.460, and enacted a new chapter as set out herein. The former ch. 13.20 pertained to similar subject matter and derived from Ord. 819 N.S., § 1, adopted 1987; Ord. 819 N.S., § 1, adopted 1987; Ord. 870 N.S., adopted 1988; Ord. 906 N.S., §§ 1—11, adopted 1989; Ord. 1029 N.S., §§ 2, 3, adopted 1991; Ord. 1192 N.S., § 21, adopted 1994; Ord. 1492 N.S., § 1, adopted 2000; and Ord. 1058 N.S., §§ 2—4, adopted 1991 .

The purpose of this chapter is to protect the city from the creation of public nuisances, menace to the public peace, health or safety, and damage or expenses resulting from the discharge or depositing of unpolluted waters or of industrial wastes into the public sewers and sewage treatment facilities of the city and to ensure the proper maintenance of private sewer facilities.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

This chapter applies to all persons discharging wastes (including domestic and industrial waste) into a public sewer prior to its enactment, and its enactment shall not be construed to relieve from or lessen the liability or responsibility of any person for damages to life or property caused by the discharge of wastes; nor shall the city, nor any agent thereof, be held as assuming any liability by reason of performing its or his duties under this chapter.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

2. "Categorical pretreatment standards or categorical standards" means National Pretreatment Standards or Pretreatment Standard.

3. "City certified contractor" means a contractor that is certified by an accredited agency along with the city of Morgan Hill to perform inspection and repair on private sewer lateral and sanitary sewer collection system.

4. "Common interest development" means a development managed or governed by a homeowners' association. Examples of common interest developments may include condominium projects (in which the individual units are owned), planned unit developments, community apartment projects (in which the individual units are leased to tenants), and stock cooperatives.

5. "Domestic waste" means a combination of liquid or water containing human waste, conducted away from residences, business buildings, and institutions.

6. "Environmental Protection Agency (USEPA)" means the U.S. Environmental Protection Agency; or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

7. "Garbage," "refuse" and all other terms used in this chapter shall have the same meaning given to them in Section Code 13.28.010.LLL.

8. "Homeowners' association" means a non-profit corporation or unincorporated association created for the purpose of managing or governing a common interest development and that operates in accordance with governing documents, whether or not the corporation or association is formally designated or commonly referred to as a homeowners' association.

9. "Indirect discharge" or "discharge" means the discharge or the introduction of non-domestic pollutants from any source regulated under section 307(b) and (c) or (d) by the Act, into the Plant (including holding tank waste discharged into the system).

10. "Industrial user (or user)" means any contributor of industrial waste or wastewater or a source of indirect discharge.

11. "Industrial waste" means a combination of liquid or water-carried waste resulting from the manufacturing process employed in commercial or industrial establishments, including washing, cleaning, or drain water from such processes.

12. "Inspector" means the authorized inspector or representative of the city engineer.

13. "Interceptor" means a device or trap to prevent the amount of grease, sand, oil or other solids or semi-solids from entering the sewer system.

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

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

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

15. "National Pretreatment Standard, Pretreatment Standard, or Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to § 403.5.

16. "National Prohibitive Discharge Standard" or "prohibitive discharge standard" means any regulation developed under the authority of Section 307(b) of the Act and 40 Codified Federal Regulations (CFR), Section 403.5.

17. "New source" means any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307 (c) (33 U.S.C. 1317) Categorical Pretreatment Standard.

18. "Permittee" means the person to whom a wastewater permit has been issued pursuant to this chapter.

19. "Person" means an individual, firm, partnership, corporation, or government agency, and their heirs, assigns or agents.

20. "Pretreatment" or "standard" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants' properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works (POTW). The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

21. "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on a user.

22. "Private sanitary sewer collection system" shall mean any sanitary sewer pipe originating or located at least partially on a common interest development collecting wastewater from more than one building sanitary sewer, including, but not limited to: apartment buildings, business complexes, mobile home parks, condominiums, or townhomes. This excludes single-family residential property with an accessory dwelling unit.

23. "Private sewer lateral" means the sewer pipeline from the plumbing of a building to a public sewer collection line, including portions that extend across public rights-of-way and the Saddle, wye or other physical connection to the collection line. Private sewer laterals are privately owned and maintained.

24. "Public sewer" means a main or collector sanitary sewer dedicated to public use.

25. "Qualified contractor" means, for the purposes of private sewer lateral inspection or repair and private sanitary sewer collection system inspection or repair, a licensed plumbing contractor with a city of Morgan Hill business license and an active pipeline or lateral assessment certification from the National Association of Sewer Service Companies.

26. "Sale of property" means a change in ownership by purchase or otherwise involving a transfer of legal title to real property, except for any transfer excluded from property tax reassessment by Revenue and Taxation Code Section 60 et seq. and/or as determined by the Santa Clara County assessor.

27. "Significant industrial user" means any industrial user of the city's wastewater disposal system who (a) has a discharge flow of ten thousand gallons or more per average workday; or (b) has a flow greater than five percent of the flow in the city's wastewater treatment system; or (c) has wastes which are toxic pollutants as defined pursuant to Section 307 of the Act or State of California Statutes and rules; or (d) is found by the city, state control agency or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system; or (e) is subject to categorical pretreatment standards.

(Ord. No. 2108 N.S., § 1, 7-2-2014; Ord. No. 2322, N.S., § 1, 6-2-2021; Ord. No. 2355, § 1, 5-15-2024)

Editor's note— Ord. No. 2355, § 1, adopted May 15, 2024 shall take effect June 14, 2024.

A. The city manager or designate shall enforce the provisions of this chapter, and for such purposes shall have the powers of a peace officer. Such powers shall not limit or otherwise affect the powers and duties of other city officials.

B. A power or duty of any city officer under this chapter may be exercised by a person authorized pursuant to law by said officer.

C. Any time limit provided for in this chapter may be extended by consent of the officer concerned.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any public sewer.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Permits to discharge into a public sewer any sewage will be granted only in accordance with, and in consideration of, the special conditions of each case, and shall be subject to reasonable rules, regulations and requirements to prevent excessive alkalinity or acidity of the influent or excessive discharge of organic or inorganic substances in solution or in suspension, whether liquid, semisolid or solid.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. Private Ownership. The private sewer laterals are the property of the property owner and are not part of the public sewer system. Nothing in this chapter shall be interpreted as changing the private nature of the private sewer laterals or incorporating them into the public sewer.

B. Property Owners' Obligations. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral so that it does not cause or contribute to any sewage overflow from either the private sewer lateral or the public sewer. The private sewer lateral shall be free of displaced joints, open joint, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposit or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer.

C. Inspection and Repair Prior to Sale of Property. All residential, commercial, and industrial buildings shall have the private sewer lateral inspected by a qualified contractor for any defects and any repairs needed shall be completed prior to the sale of property to meet the city's standards as specified by the city's Private Sewer Lateral and Private Sewer System Inspection Report, unless otherwise specified in this section or exempted under Section 13.20.070(H).

D. Responsibilities of Seller. The seller, prior to the sale of property, shall be responsible for complying with the requirements of this chapter and for obtaining a compliance certificate for private sewer lateral before the conclusion of the sale of property, unless otherwise specified in this section.

E. Option to Transfer Seller's Responsibility to Buyer. Before the sale of property, the seller and buyer of any property may mutually agree to transfer responsibility for making any needed repairs to the private sewer lateral in compliance with this chapter to the buyer. In the event the buyer agrees to assume responsibility for repairing the private sewer lateral, the seller shall provide proof of inspection of the private sewer lateral to the buyer which indicates the repairs needed to meet the city's standards. The buyer must then complete the repairs to meet the city's standards no later than one hundred eighty calendar days after the date of the sale. Before the time of sale, the seller and buyer shall complete the following procedures:

1. The seller shall have had the private sewer lateral inspected by a qualified contractor.

2. Both the seller and buyer must sign a transfer of responsibility to repair form certifying that the seller has completed an inspection and that the buyer has assumed responsibility for any repairs.

3. The signed transfer of responsibility to repair form must be submitted to the city before the sale of property and included in the real estate transfer documentation.

F. Verification of Compliance. The seller must verify compliance with this chapter by submitting a completed private sewer lateral and private sewer system inspection report prior to the sale of the property unless an agreement with the property's buyers has been reached and validated with a transfer of responsibility to repair form. Once compliance with the requirements of this chapter has been submitted to the city and verified, a compliance certificate for private sewer lateral will be issued within five business days. Opening a new water service following the sale of a property will require a compliance certificate for private sewer lateral issued within the past ten years, a valid transfer of responsibility to repair form, or documentation that the private sewer lateral is less than fifteen years old or otherwise exempt from the inspection and repair requirement per Section 13.20.070(H).

G. New Building Connections. Before any new building is connected to an existing private sewer lateral, the property owner must have the private sewer lateral inspected by qualified contractor for any defects and any repairs needed must be completed to meet the city's standards to satisfy the requirements of this chapter as a condition passing the final building permit inspection, unless exempted under Section 13.20.070(H).

H. Exempt Properties. A property is exempt from these inspection requirements if any of the following applies and verifiable evidence thereof is submitted to the city's satisfaction:

a) The transfer of title to real property does not meet the definition of "sale of property" as set forth in Section 13.20.030(22), and is excluded from property tax reassessment by Revenue and Taxation Code Section 60 et seq. and/or as determined by the Santa Clara County assessor.

b) The private sewer lateral was constructed or completely replaced fifteen years or less prior to the property sale date.

c) The private sewer lateral was inspected and met city standards less than ten years prior to the property sale date.

d) The property is a single-family unit connected to a private sanitary sewer collection system subject to Section 13.20.073.

(Ord. No. 2108 N.S., § 1, 7-2-2014; Ord. No. 2322, N.S., § 2, 6-2-2021)

Editor's note— Ord. No. 2322, § 1, adopted June 2, 2021 shall take effect June 1, 2022.

A. Private Ownership. Private sanitary sewer collection systems are the property of a common interest development and are not part of the public sewer. Nothing in this chapter shall be interpreted as changing the private nature of the private sanitary sewer collection system or incorporating them into the public sewer.

B. Property Owners' Obligation. Owners of private sanitary sewer collection systems, such as multifamily complexes, common interest developments or entities managing a common interest development (such as homeowner's association) shall, at the owners' expense, have a qualified contractor inspect, maintain in good working order, repair and replace, as necessary, the private sanitary sewer collection system so that it does not cause or contribute to any sewage overflow from either the private sanitary sewer collection system or the public sewer. The private sanitary sewer collection system shall be free of displaced joints, open joint, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposit or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the private sanitary sewer collection system or the public sewer.

C. Inspection and Repair of Private Sanitary Sewer Collection Systems. All private sanitary sewer collection systems shall be inspected for any defects and any repairs needed by a qualified contractor every two years if the system collects wastewater from ten or more building sanitary sewers, or every five years if the system collects wastewater from less than ten building sanitary sewers, to meet the city's standards as specified by the private sewer lateral and private sewer system inspection report, unless otherwise specified in this section or is less than fifteen years old.

D. Private Sanitary Sewer Collection System Verification of Compliance. Owners of private sanitary sewer collection systems shall verify compliance with this chapter by submitting a completed city private sewer lateral and private sewer system inspection report within the time limit specified above. Once compliance with the requirements of this chapter has been verified, a compliance certificate for private sewer lateral for the property will be issued within five business days.

(Ord. No. 2322, N.S., § 3, 6-2-2021)

Editor's note— Ord. No. 2322, § 1, adopted June 2, 2021 shall take effect June 1, 2022.

A. In addition to the enforcement remedies provided in Title 1 of the Morgan Hill Municipal Code, the City Council finds and declares that instituting additional enforcement remedies specifically applicable to the inspection and repair of private sewer laterals and sanitary sewer collection systems is in the public interest.

B. Water and sewer utility service may not be started at a property that has been sold and does not have a valid compliance certificate for private sewer lateral or an executed transfer of responsibility to repair form or is otherwise exempt per Section 13.20.070(H).

C. To the extent allowed by law, water and sewer utility service may be discontinued to any property at which service was initiated using a transfer of responsibility to repair form if one hundred eighty days has elapsed since the start of service, and a compliance certificate for private sewer lateral has not been submitted to the city.

(Ord. No. 2322, N.S., § 4, 6-2-2021)

Editor's note— Ord. No. 2322, § 1, adopted June 2, 2021 shall take effect June 1, 2022.

The admission into the public sewers of any waters or wastes having any of the following characteristics shall be subject to the prior review and approval of the city:

A. A five-day biochemical oxygen demand greater than three hundred parts per million by weight; or

B. Containing more than 300 parts per million by weight of suspended solids; or

C. Having an average daily flow greater than five percent of the average daily sewage flow of the city.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

It unlawful for any user to discharge wastewater containing in excess of:

Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for "total" metals unless indicated otherwise.

The administrator may impose mass limitations in addition to or in place of the concentration-based limitations above.

(Ord. No. 2108 N.S., § 1, 7-2-2014; Ord. No. 2355, § 2, 5-15-2024)

A. Except as hereinafter provided, 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 inflammable or explosive liquid, solid or gas;

2. Wastes having a temperature in excess of forty degrees centigrade (104 degrees Fahrenheit);

3. Any garbage that has not been properly shredded;

4. Wastes having a monitored pH lower than 6.5 or higher than 11.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the public sewer systems. Where the city engineer or authorized representative deems it advisable, it may be required that any person discharging industrial wastes install and maintain in approved manner a suitable device to continuously measure and record the pH of the wastes so discharged;

5. Wastes containing any noxious or malodorous gas or substance which either singly or by interaction with sewage or other wastes is, in the opinion of the director, likely to create a public nuisance or hazard to life or prevent entry to sewers for their maintenance and repair;

6. Wastes containing ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, hair, lime slurry, lime residues or paint residues in such quantity and concentration that in the opinion of the director, such substances will cause an obstruction to the flow in the sewer or otherwise interfere with the proper operation of the public sewer systems. Attention is called to the fact that the maximum permissible concentration will vary throughout the system depending upon the size of the particular receiving sewer and the flows therein;

7. Wastes containing insoluble, nonflocculent substances having a specific gravity in excess of 1.10;

8. Wastes containing soluble substances in such concentration as to cause the specific gravity of the waste to be greater than 1.1;

9. Any waters or wastes containing biochemical oxygen demand or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

10. Wastes containing grease, oil or other substances that will solidify or will become viscous at temperatures of thirty-two degrees Fahrenheit and one hundred sixty degrees Fahrenheit;

11. Wastes containing visible amounts of grease, oil or other substances in concentrations or flows sufficient to cause stoppage, pluggage, breakage, or obstruction of flow to the treatment system, or cause any other damage or increased maintenance of the collection system;

12. Wastes containing more than ten milligrams per liter of the following gases: hydrogen, sulfide, sulfur dioxide, nitrous oxide or any of the halogens;

13. Sludges resulting from the treatment of concentrated solutions that are not acceptable for discharge to the sewers;

14. Wastes containing gases or vapors, either free or occluded, in concentrations toxic or dangerous to humans or animals;

15. Wastes containing any toxic radioactive isotopes without a special permit, except where:

a. Permission of Governmental Agency. The person is authorized to use radioactive materials by the Atomic Energy Commission or other governmental agency empowered to regulate the use of radioactive materials,

b. Conformance with Atomic Energy Commission Recommendations. The waste is discharged in strict conformity with current Atomic Energy Commission recommendations for safe disposal of radioactive wastes,

c. Assumption of Responsibility. The person discharging the radioactive wastes assumes full responsibility for any injury to personnel or damage to the sewerage system that may result from such discharge and submits evidence satisfactory to the director of public works that he has assumed this responsibility. Any person discharging a radioactive waste to the public sewer in accordance with the provisions of subdivision b of this subsection shall submit to the director of public works such reports as the director may deem necessary. If any radioactive material is accidentally discharged into the public sewer, the person responsible shall:

i. Immediately notify the director of public works,

ii. Render such technical or other assistance to the department of public works within his power to prevent the sewerage system from becoming contaminated with radioactivity.

B. State Requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.

C. City's Right of Revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this chapter.

D. Excessive Discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal National Pretreatment Standards, or in any other pollutant-specific limitation developed by the city or state.

E. Accidental Discharges. Each user shall provide protection from accidental discharges of prohibited materials or other substance regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by December 31, 1989. No user who commences contribution to the wastewater treatment plant after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. 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 section. In the case of accidental discharge, it is the responsibility of the user to immediately telephone and notify the wastewater treatment plant of the incident. The notification shall include location of discharge, type of waste, concentration and volume of corrective actions.

1. Written Notice. Within five days following an accidental discharge; the user shall submit to the director 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 wastewater treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

2. Notice to Employees. 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 ensure that all employees who may cause or suffer such dangerous discharge to occur are advised of the emergency notification procedure.

F. All of the preceding standards shall apply at the point where the wastes are discharged into the sanitary sewer system, or the storm drain system, and any chemical or mechanical corrective treatment required must be accomplished to practical completion before the wastes reach that point.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. No person shall use or make a connection for the purpose of using any public sewer for the deposit or discharge of industrial waste without first obtaining a waste discharge permit from the city.

B. A person who is required to, but does not have, a permit and who has been notified by the city in writing that he is required to obtain a permit pursuant to the provisions of this chapter, shall within fifteen days apply for the required permit. Failure to do so constitutes a willful violation of this chapter.

C. All existing commercial, institutional and industrial uses of the public sanitary sewer system shall file new applications for industrial waste discharge permits with the city on or before February 28, 1986. All future users shall file applications for industrial waste discharge permits with the city at least thirty calendar days prior to commencement of sewer discharge.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. All applicants for a waste discharge permit shall be required to pay a filing fee. The following fee schedule shall apply:

1. For all users discharging all domestic wastewater with a five-day biochemical oxygen demand (BOD) and suspended solids (SS) less than three hundred parts per million and with an average daily flow less than one thousand gallons per day, and with no hazardous materials stored, handled and processed on the premises, no fee;

2. For all other users not included in paragraph 1 of this subsection, five hundred dollars (for a five-year permit).

B. Application fees set in subsection A of this section may be revised from time to time by resolution of the city council.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. Any person requiring a permit under this chapter shall make a written application to the city on forms furnished by the city. The application shall give a description of the property or place to be served and such other information concerning the proposed disposal as the city may require in order to determine that there will be compliance with the provisions of this section.

B. Information to be included in the application. Information to be included in the application shall be as follows:

1. Name, address and location (if different from the address);

2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

3. Wastewater constituents and characteristics including but not limited to those mentioned in Chapter 13.28 of this title as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

4. Time and duration of contribution;

5. Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

7. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;

8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

9. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:

a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction).

b. No increment referred to in subparagraph (9)(a) of this subsection shall exceed nine months.

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

10. Each product produced, by type, amount, process or processes and rate of production;

11. Type and amount of raw materials processed (average and maximum per day);

12. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

13. Any other information as may be deemed by the city to be necessary to evaluate the permit application.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided in this chapter.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

If it appears from the application for a permit that the proposed disposal complies with the provisions of this chapter, the city shall issue such permit. The city may issue a permit containing limitations or conditions or both. The city may also modify an existing permit by the addition or elimination of such conditions and limitations as may be necessary to accomplish the purposes of this chapter.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the city. Permits may contain the following:

1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

2. Limits on the average and maximum wastewater constituents and characteristics;

3. Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

4. Requirements for installation and maintenance of inspection and sampling facilities;

5. Specifications for monitoring programs which may include sampling, number, types and standards for tests and reporting schedule;

6. Compliance schedules;

7. Requirements for submission of technical reports or discharge reports;

8. Notice that whenever the director of public works, health officer, or any authorized representative of the city shall have cause to conduct a routine inspection or to suspect that a nuisance or violation of this chapter exists in any house, cellar, enclosure, or building within the city limits or discharging into the sewerage system or, for the purpose of inspecting and monitoring industrial waste discharges for general compliance, the director or representative may demand entry therein at all reasonable times in order to take independent samples.

9. Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

10. Requirements for notification of slug discharges; and

11. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.

B. Unreasonable refusal or delay by the owners or occupants to open said buildings or enclosures and to admit a free examination or sampling is unlawful.

(Ord. No. 2108 N.S., § 1, 7-2-2014; Ord. No. 2276 N.S., § 50, 5-2-2018)

Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by Sections 13.20.120 and 13.20.130, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the city within one hundred eighty days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by paragraphs 8 and 9 of subsection B of Section 13.20.130.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Permits issued under this chapter are not transferable from one location to another or from one permittee to another, and discharge of industrial waste shall be made strictly in accordance with all provisions contained in the permit, at the location specifically designated therein.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

All permits issued under the provisions of this chapter shall be renewed every five years. The permits shall be renewed by filing a new application with the city. Renewal applications shall be subject to the fee schedule set forth in Section 13.20.110.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Within ninety days following the date for final compliance with applicable pretreatment standards or, in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements, and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O and M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement and all other reports to be submitted under 40 CFR 403.12 shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Users shall provide necessary wastewater treatment to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. The city shall annually publish in a local newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the twelve previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve months.

B. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. The frequency for self-monitoring for the various classifications of industrial users as defined by Section 13.20.290 of this chapter shall be as follows:

B. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the city during the months of June and December, unless required differently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in subsection A of Section 13.20.150 of this chapter. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may agree to alter the months during which the above are to be submitted.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The city may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by subsection B of Section 13.20.220 shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the city, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The city shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Where the city's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent, which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior approval from the approval authority is obtained.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

C. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city unless a ten-day notification is given to the user.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The city engineer shall require the installation by the property owner or permittee at his expense of a test manhole or other structure. All test manholes shall be at locations and be of a type approved by the city. Such structures shall be so designed that flows may be measured and samples readily obtained therefrom.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

All permitted users shall retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are requested by the city) and shall make such records available for inspection and copying by the city. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the city.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. Frequency of pretreatment service provided shall be dependent upon the classification of discharging source. The following classification of discharges is established:

1. Nondomestic or domestic high-strength waste;

2. High-volume nondomestic low-strength waste;

3. Low-volume nondomestic low-strength waste;

4. Low-volume domestic waste.

B. Classifications 1, 2 and 3 shall be monitored by the city twice per year; classification 4 shall be monitored once every ten years. Classification 1 shall be tested for toxics, metals, BOD and SS.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The fees set forth in Sections 13.20.310 and 13.20.320 shall be due and payable on the 15th day of the month following billing.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The types of charges for industrial use may include, but are not limited to:

A. Fees for permit application;

B. Fees for monitoring, inspections and surveillance;

C. Surcharge for dischargers in excess of 300 mg/1 BOD, TSS, volume and other discharge constituents;

D. Other fees as the city may deem necessary to carry out the requirements contained in this chapter.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any inflammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters, living or dwelling units. All interceptors shall be of a type and capacity approved by the city, and shall be so located as to be readily and easily accessible for cleaning and inspection.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and pressure. They shall be of substantial construction, watertight and equipped with easily removable covers. Interceptors shall be effectively trapped and vented.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Plans for sewerage construction shall meet all design requirements of the standard details, Public Works Department Manual, and shall also meet the design requirements as established from time to time by the director of public works. Inspection of all sewerage construction shall be made by personnel of the city in the manner described in Standard Specifications for Public Works' Construction (commonly referred to as the "Green Book"). Maximum allowable infiltration/exfiltration shall be as determined in Section 306—1.4 Testing Pipelines section of the Green Book.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Whenever the city finds that any person is acting in violation of any provision of this chapter, or of any permit issued hereunder, the city shall serve upon the person causing or suffering such violation to be committed, including the permittee, if a permit has been issued, a notice of violation. This notice shall state the act or acts constituting the violation and shall direct that the violation be corrected within such time, to be specified in the notice, as the city may deem reasonable. A person who has been so notified shall cease all such activities within the time so specified and shall not resume them until the city determines that all of the violations charged in the notice have been corrected.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. Any notice required to be given under the terms of this chapter, including a notice of violation and a notice of hearing, shall be in writing, and may be served by any one of the following methods:

1. In the manner provided for in the California Code of Civil Procedure for service of process;

2. By registered mail;

3. By certified mail;

4. By hand delivery.

B. When service is by mail, no return receipt is required and the notice may be sent to the last address given to the city.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Whenever the city finds that the continued violation of any provision of this chapter or of a condition of any permit issued under this chapter is so serious and aggravated that:

A. The prevention of the pollution of the underground or surface waters requires the immediate cessation of the activities causing the violation; or

B. The prevention of a public nuisance requires the immediate cessation of the activities causing the violation; or

C. The protection of any part of the public sewer system and its appurtenances or of the sewage treatment works of the city from damage requires the immediate cessation of the activities causing the violation, and there is an immediate threat to the public health, peace or safety, then in any of the above situations, the city is authorized to disconnect or cause to be disconnected immediately, and before giving the notice required by Section 13.20.360, any connection to a public sewer or to a public water system, or both.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

When any service to a public sewer or to a public water system has been disconnected, the city may require the person or persons requesting that such service be reestablished to furnish a bond in the sum of five hundred dollars, payable to the city and conditioned upon compliance with the provisions of this chapter, before granting permission to reconnect to the city sewer or water system. The person making application for such reestablishment of service shall pay all expenses incurred or to be incurred by the city in causing such disconnection and reconnection before such permission may be granted.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The city council may, after notice and hearing as hereinafter provided, either suspend a permit for a definite or indefinite period, or permanently revoke a permit on any one or more of the following grounds:

A. Violation of the conditions of the permit, or applicable state and federal regulations;

B. Failure of the user to report the wastewater constituents and characteristics of his discharge;

C. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics, or increases in sewage discharge;

D. Refusal of reasonable access to the user's premises for purposes of inspection or monitoring;

E. Nonpayment of fees and charges;

F. Failure of a permittee or a property owner to correct a violation within the time prescribed in a notice of violation;

G. Willful violation of any provisions of this chapter or of a condition or limitation of a permit, or of any lawful order of the city.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

Proceedings for the suspension or revocation of a permit may be initiated by:

A. The city manager or designate by serving upon the permittee a copy of, and filing with the city clerk a written recommendation of, revocation or suspension, setting forth the grounds therefore and requesting a hearing thereon before the city council; or

B. The city council on its own motion, or upon the complaint of a third person, by serving or causing to be served upon the permittee and the city manager or designate a written notice of intention to revoke or suspend, setting forth the grounds therefore and designating a time and place for hearing thereon.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

The notice of hearing shall set the time and place thereof, which shall be at least ten days after such notice is served upon the permittee. The hearing shall be open to the public and may for good cause be continued by order of the city council. The city council shall, within fifteen days after conclusion of the hearing, render its decision.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

It is unlawful for any person to knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or the permit, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this chapter.

(Ord. No. 2276 N.S., § 50, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 50, adopted May 2, 2018, amended § 13.20.440 in its entirety to read as herein set out. Former § 13.20.440 pertained to falsifying information—penalty and derived from Ord. No. 2108 N.S., § 1, adopted July 2, 2014.

Any user who is found to have violated an order of the city council or any provisions of this chapter and the orders, rules, regulations and permits issued under this chapter, shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The city may also discontinue all services for water and sewer until the violations are corrected. In addition to the penalties provided in this chapter, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued in this chapter. The city shall have the right to seek injunctive relief for noncompliance by industrial users with any pretreatment standards and requirements.

(Ord. No. 2108 N.S., § 1, 7-2-2014)

A. It is unlawful for any person to violate, or cause or permit the violation of, any of the provisions of this chapter.

B. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned to the city by reason of such violation.

(Ord. No. 2276 N.S., § 50, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 50, adopted May 2, 2018, amended § 13.20.460 in its entirety to read as herein set out. Former § 13.20.460 pertained to violation—misdemeanor penalty and derived from Ord. No. 2108 N.S., § 1, adopted July 2, 2014.

The rights and remedies of the city and penalties under this chapter shall be cumulative and not exclusive of each other.

(Ord. No. 2108 N.S., § 1, 7-2-2014)