Nevada City Municipal Code Ch. 13.08 Sewer System

The following terms, as used in this chapter, shall have the following respective meanings:

"Applicant" or "person" means any person, partnership, corporation, club, association, public corporation, political subdivision, county, the state, the United States of America or any department or agency thereof.

"Building sewer" means that part of the sanitary sewer system which receives discharge from soil and waste pipes in a building and conveys it to the junction with the service sewer at the property line or sewer easement line.

"BOD" means biological oxygen demand, indicating the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five consecutive days at twenty (20) degrees centigrade.

"City" means the City of Nevada City.

"City council" means the City council of the City of Nevada City.

"Combined sewer" means a sewer that services the purpose of both a sanitary sewer and a storm sewer.

"Connection" means the physical hookup from a parcel of land to a sewer line regardless of the number of units or use on that parcel of land.

"Connection fee" is a previously used term for "sewer impact fee," used to determine the fair share costs to finance planning, design, construction inspection, administrative, debt service, debt covenant and other related costs for wastewater conveyance, treatment and disposal facilities for sewerage system expansion.

"Department of public works" means the department of public works of the City of Nevada City.

"Equivalent dwelling unit (EDU)" is a term used to characterize the average wastewater discharge from a single-family dwelling (SFD). For purposes of calculating sewerage system design parameters and comparing wastewater discharge from sewer service users other than Single Family Dwellings, one EDU equals a domestic wastewater volume of two hundred (200) gallons per day (GPD) and one hundred eighty milligrams per liter (180 mg/l) maximum each, BOD and TSS, per day at average dry weather flow rates. One EDU is further considered to generate domestic wastewater, carrying a minimal to moderate load of non-hazardous contaminants such as common household cleaning and maintenance products.

"FOG" means Fats, Oils and Grease including any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

"Industrial user" means any user which meets one or more of the following criteria:

1. Any discharge of five thousand (5,000) gallons or more of wastewater per day (excluding the domestic portion of the discharge) or more than 7.5 pounds of biochemical oxygen demand (BOD) or total suspended solids (TSS) per day (five thousand gallons at 180 mg/l);

2. Discharges wastewater to a Publicly Owned Treatment Works (POTW), which contains hazardous materials in sufficient quantity either singly or by interaction with other wastes, to constitute a potential hazard to humans or animals, to potentially cause interference or create a public nuisance or create any hazard in or have an adverse effect on the waters receiving any discharge from the POTW;

3. Discharges wastewater to a Publicly Owned Treatment Works (POTW), which contains any concentrations of Metals, Nitrite, Nitrate, Ammonia or Organic Nitrogen of any form or combination thereof that requires additional treatment at the POTW.

4. Is subject to EPA categorical pretreatment standards or any pretreatment standards set by the state;

5. Is required to obtain an industrial wastewater discharge permit pursuant to this chapter.

"Industrial waste" means the waterborne waste and wastewater from any industrial user.

"Sewage" means the wastewater derived from the human habitation and use of buildings for residential, institutional or commercial purposes, excluding storm waters and industrial waste.

"Sewer lateral line" means a sewer line with no more than three (3) authorized connections before connecting with a sewer main line.

"Sewer main line" means a sewer line with four (4) or more authorized connections.

"TSS" means total suspended solids, defined as solids that either float on the surface of or are in suspension in, wastewater and which are largely removable by standard laboratory filtration procedures.

"Waste" means and includes sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal origin or from any commercial, producing, manufacturing or processing operation of whatever nature.

"Wastewater" means all wastes and waters considered for and/or discharged to and carried by the City sewerage system.

(Ord. 298 § 1, 1961; Ord. No. 2017-13, § I, 11-15-2017; Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. No person shall use the city sewer system without first applying to use the system.

B. Only the owner of real property may apply to use the system and the owner shall be liable to pay monthly sewer use charges until the service has been discontinued. The owner of real property may authorize the city to send the bill for the sewer use directly to his or her tenant but the owner shall remain liable for the payment of the monthly sewer use charges and the decision as to whether to discontinue sewer service shall be solely that of the owner of real property. This procedure shall apply only to new applications for sewer service. Sewer service already in existence shall be handled under the same procedure as in the past; however, once existing service is discontinued and a new user desires sewer service the procedure adopted by this section shall be followed.

(Ord. 88-4 § 1, 1988; Ord. No. 2020-19, § I, 10-28-2020)

Any person desiring a service connection to the city sewer system shall file with the department of public works a written application therefor, signed by the applicant, setting forth the name and address of the applicant, a description of the property to be served by such connection, and such other information as the department may require.

(Ord. 298 § 2, 1961; Ord. No. 2020-19, § I, 10-28-2020)

A. Upon the filing of such application, the superintendent of public works shall estimate the cost to the city of making such connection, which cost shall include the cost of installing a service pipe from the main to the property line of the property to be served; and such estimated cost, together with an additional connection fee as hereinafter provided, shall be paid by the applicant to the city prior to the commencement of any work. If the actual cost of the service connection shall be found to exceed the estimated cost, the excess shall be paid by the applicant to the city upon demand, and if the actual cost of such connection shall be less than the estimated cost, the difference shall be refunded to the applicant.

B. The schedule of rates for connections to the City's sewer system shall by set by resolution of the city council.

(Ord. 84-14 § 1, 1985; Ord. 367 § 1, 1975: Ord. 319 § 1, 1965: Ord. 298 § 3, 1961; Ord. No. 2020-19, § I, 10-28-2020; Ord. No. 2023-01, § 4, 2-25-2023)

A. When application is filed for a service connection where there is no sewer main adjacent to the applicant's property, and no immediate provision has been made by the city for the extension of any existing main to such property, the superintendent of public works shall cause to be prepared a map showing all lots or parcels of land to be served by such extension, the owners of all such properties, the size of the main extension to be installed, and the estimated cost of such extension. The application, together with the map, shall then be submitted to the city council for its approval, and if approved by the council, the estimated cost of such main extension shall be paid by the applicant to the city prior to the commencement of any work. If the actual cost of the main extension shall be found to exceed the amount so paid, the excess shall be paid by the applicant to the city upon demand, and if the actual cost of such extension shall be less than the amount so paid, the difference shall be refunded to the applicant. The charge mentioned in this section shall be in addition to the cost of the service connection and the fee therefor as provided in Section 13.08.040 of this chapter. Two or more persons may join in making any application for a sewer main extension.

B. All such main extensions shall be of such size as will properly serve all of the properties shown on the map, as well as any additional properties within the city which may in the future be served by the further extension of such main. The applicant shall bear the entire cost of such extension, and the applicant will be reimbursed for such expenditure by other property owners who later hook up to the extension. The amount and method of such reimbursement shall be determined by the city engineer and approved by the city council.

(Ord. 90-6 § 6, 1990; Ord. 367 § 2, 1975: Ord. 298 § 4, 1961; Ord. No. 2020-19, § I, 10-28-2020)

A. Where the owner of any lot or parcel of land to be served by a main extension, as shown on the map referred to in Section 13.08.050 of this chapter, fails to join in the application for such extension, no service connection between such property and such extended main shall be made unless the person applying for such service shall pay to the city that portion of the total cost of such main extension as the square footage of such applicant's property bears to the total square footage of all such lots and parcels; and such charge shall be in addition to the cost of the service connection and the fee therefor as provided in Section 13.08.050 of this chapter.

B. All moneys paid to the city for such proportionate costs of the main extension shall be deposited in a sewer main extension fund, which fund shall be maintained for a period of ten years following the date of completion of the extension, and all the moneys so received during such period shall be refunded to the person or persons who paid for such extension or to their successors or assigns. After the expiration of such ten-year period, any amount remaining in the fund, or any costs subsequently received, shall be and become the sole property of the city.

C. The provisions of this section shall not apply to any main, extended pursuant to Section 13.08.050 of this chapter, which is less than six inches in diameter.

(Ord. 367 § 3, 1975: Ord. 298 § 5, 1961; Ord. No. 2020-19, § I, 10-28-2020)

A. The city council shall, by resolution, establish monthly user charges to be charged for sewer services, or the method by which the user charges shall be fixed, and formulate such rules and regulations for guidance in fixing such charges as the council may deem necessary.

B. All charges for sewer service shall be billed and payable bimonthly, in advance, with the flow charge portion of the user charge recalculated each year based upon the metered flows for the preceding January and February for users with water meters and upon a reasonable estimation of water flows for those months for City facilities and any other users not yet metered when the charges are, pending installation of such meters, with adjustments for inflation.

(Amended by city attorney 11/07 as rates set forth in Ord. 89-9 have been superseded: Ord. 89-9 § 1, 1989; Ord. 86-2 § 1, 1986; Ord. No. 2020-19, § I, 10-28-2020)

Editor's note— Ord. No. 2015-02, § I, adopted January 28, 2015, amended § 13.08.070 to read as set out herein. Previously § 13.08.070 was titled "Monthly user charges—On file."

Note— Section 1 of Ord. No. 2007-02, adopted February 14, 2007, states, "The City Council of the City of Nevada City, California hereby finds as follows: Ordinance 2005-05 of the City was adopted in 2005 to impose sewer use charges pursuant to Municipal Code Section 13.08.070 and to provide funds for the maintenance and operation of the City's sanitary sewer system for the benefit of properties in th City and those who own and use those properties. This ordinance was adopted prior to the California Supreme Court's decision in Bighorn-Desert View Water Agency v. Verjil, which overruled earlier case law on which the City relied in adopting Ordinance 2005-05. In light of the Bighorn decision, the City Council desires to reaffirm the adoption of these Ordinances and the sewer use charges they established, after conducting the noticed public hearing required by the Bighorn decision."

All unpaid monthly sewer use charges shall be a charge upon the real property served by the sewer connection for which the monthly sewer use charge is unpaid and shall constitute a lien upon the real property. The lien created hereby shall be recorded with the county recorder. The lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor.

(Ord. 83-11 § 1, 1983: Ord. 82-6 § 1, 1982; Ord. No. 2020-19, § I, 10-28-2020)

All expenses with respect to sewer lateral lines, including without limitation, installation, maintenance and repair, shall be borne by and be the obligation of the landowners of properties with connections to that sewer lateral line. The City is responsible only for sewer main lines, not for sewer lateral lines.

(Ord. No. 2017-13, § II, 11-15-2017; Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. Installation of a back-flow prevention device (also known as a backwater valve), to prevent sewage from the sewer main line backing up into the private sewer service lines due to cleaning or plugs in the sewer main, is required for all properties as follows:

1. As a condition of issuing any building permit, the person requesting the permit must install a back-flow prevention device on the sewer service line to the property that will be benefitted by the building permit.

2. Upon the transfer of any parcel of real property within the City Limits of the City of Nevada City, a back-flow prevention device must be installed on the sewer service line to that property prior to close of escrow or transfer of the property.

3. After July 1, 2005, the owner of every parcel of real, improved property within the City limits of the City of Nevada City shall be held responsible for any damages caused by the absence of a back-flow prevention device on the sewer service line to the property.

4. The back-flow prevention device can be of any type approved by the Uniform Plumbing Code and shall be installed so as to be readily observable.

(Ord. No. 2020-19, § I, 10-28-2020)

A. No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, yard drainage or other sources of inflow including cooling water or unpolluted industrial process water, into any sewer facility which is directly or indirectly connected to the sewage facilities of the City. Stormwater and all other unpolluted water shall be discharged to such pipelines as are specifically designated as storm drains, or to a natural outlet approved by the City manager.

B. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters to any public sewer:

1. Any liquid or vapor having a temperature higher than one hundred forty (140) degrees Fahrenheit;

2. Any waste or water which contains more than one hundred (100) milligrams per liter of fat, oil or grease;

3. Any water or waste having a pH lower than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works;

4. Any waste or water which contains a concentration of more than one hundred eighty milligrams per liter (180 mg/l) maximum each, BOD and TSS, unless otherwise authorized with an industrial wastewater discharge permit;

5. Any water or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create a hazard in the receiving waters of the City's Publicly Owned Treatment Works (POTW) (sewage treatment plant);

6. Any water or waste containing radioactive material in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create a hazard in the receiving waters of the sewage treatment plant;

7. Any water or waste containing synthetic detergents in sufficient quantity to injure or interfere with any sewage treatment process or create problems in the receiving water of the sewage treatment plant;

8. Any water or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

9. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

10. Any garbage that has not been properly shredded for the purpose of this chapter. This means that it has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in the public sewers, with no particle greater than one-half (½) inch in any dimension;

11. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system;

12. Any noxious or malodorous gas or substance capable of creating a public nuisance.

13. Materials which exert or cause:

a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);

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

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

d. Unusual volumes of flow or concentrations of wastes constituting slugs.

14. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters.

C. If waters or wastes are discharged or are proposed to be discharged to the public sewers contain the substances or possess the characteristics enumerated in subsection B of this section and which, in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the City may:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge;

4. Require sampling of discharge at owners expense and/or

5. Require payment to cover the added costs of handling and treating the wastes not covered by sewer charges under the provisions of this section.

(Ord. 92-09 § 1, 1992; Ord. 83-2 § 1 (part), 1983; Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. Any user whose facility may generate wastewater meeting the standards for an "industrial user" set forth in Section 13.08.010 of this chapter must apply for an industrial wastewater permit prior to connection to the City sewer system and pay the industrial wastewater fee set forth in Section 13.08.096 of this Chapter.

B. An industrial wastewater discharge permit shall be approved by the City manager if he or she finds that the application satisfies all of the following:

1. The applicant has submitted a letter of authorization from the Nevada County Department of Environmental Health;

2. The applicant has submitted satisfactory proof of compliance (e.g., laboratory analysis or report) to show that the wastewater discharge will meet the requirements, limitations and conditions contained in the current City wastewater discharge permit issued by California Regional Water Quality Control Board;

3. The application and the quality, quantity and condition of the proposed discharge have been approved by the director of public works and the engineer as satisfying the provisions of this chapter, applicable federal and state laws, the City wastewater discharge permit and other City policies and regulations concerning sewer service; and

4. The City's Publicly Owned Treatment Works (POTW) has available, unallocated capacity to accommodate the proposed discharge.

C. Wastewater discharged to the sanitary sewer must be metered with a flow totalizer with sampling of BOD, pH, TSS. Sampling shall be conducted by the industrial user at users expense at sampling frequency of two times per month during the first six months of business use; and every 6 months thereafter; and as required for compliance sampling.

D. As part of issuance of any industrial wastewater permit, the City may require installation of inspection ports, additional cleanouts and other facilities as the engineer may require to handle or pre-treat the wastewater flow.

E. Industrial users' facilities and flows shall be subject to periodic inspection by the City and testing of wastewater constituents. As a condition of grant of a permit, the industrial user shall agree to such conditions, including the right to make surprise inspections and testing at any time.

F. The conditions imposed by this Chapter on industrial users shall be in addition to all of the other requirements of this chapter applicable generally to all users.

(Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. In addition to the other fees and charges required by this chapter, industrial wastewater disposal permit applicants and permittees shall pay the following fees to the City:

B. An application processing fee in an amount set by resolution of the City Council, due at time of submitting application for industrial wastewater discharge permit together with any additional amounts required by the City engineer for testing and other City costs.

C. Industrial wastewater disposal user fees will be calculated by the City engineer based on either (1) the number of equivalent dwelling units (EDUs) represented by the discharge, or (2) other calculations based on the discharger's share of actual operating costs of the City's sewer and wastewater treatment plant as determined by the City engineer. Fees are due and payable bi-monthly, with a minimum fee of five hundred dollars ($500.00) bi-monthly.

D. Reimbursement of the costs of any testing undertaken by the City of the industrial wastewater generated by the industrial user as authorized by this Chapter.

(Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City and subject to the requirements of all applicable codes ordinances and laws.

B. Grease, oil, grit and sand interceptors, traps and similar systems shall be provided as set forth in Section 13.08.100.

C. Discharge of water or waste from the pretreatment facility to the City's Publicly Owned Treatment Works (POTW) shall not include prohibited discharges as set forth in Section 13.08.090.

D. Where preliminary treatment or rate-of-flow controller facilities are provided for any water or waste, they shall be maintained continuously, in satisfactory and effective operation, by the owner at his or her expense.

E. When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate the observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner, at his or her expense and shall be maintained by him or her to be safe and accessible at all times.

F. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole. In the event no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out in the customarily accepted methods to reflect the effect of constituents upon the sewer works and to determine the existence of hazards to life, limb and property.

(Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. All food service establishments ("FSE's") and all nonresidential sewer users shall be required to install and maintain a fat, oil, grease, grit and sand interceptor, trap or similar system (collectively a "FOG System") when the City manager or his/her designee finds that a FOG System is necessary for the proper collection, handling and disposal of (i) fats, oil or grease, (ii) flammable substances, (iii) grit, sand or dirt or (iv) other harmful constituents (collectively, "FOG") and will prevent or minimize the discharge of FOG into the City's sewer system. A FOG System shall be installed when the wastewater flow from an FSE or any nonresidential user is anticipated to contain FOG in amounts or concentrations which the City determines, in its discretion, present the possibility of causing or contributing to the fouling of, blockage of or other damage to the City's sewer system.

B. All FSEs connected to the City's sewer system that use grease traps prior to the effective date of this Chapter shall upgrade to grease interceptors if after an inspection the City determines that the FSE is not complying with the City's operation, repair and maintenance requirements or if the City determines, in the City's discretion, that a grease trap alone is or is likely to be ineffective at preventing the discharge of FOG into the City's sewer system.

C. The type of FOG System to be installed shall be at the discretion of the City. Installation, maintenance and repair of the FOG System shall be the responsibility of (1) the owner of the property upon which the FOG System is installed, and (2) the person/entity that applies for connection to or use of the City's sewer system, and (3) the person/entity connecting to or using the City's sewer system, even if the property is leased, rented or otherwise occupied by a person or entity that is not the property owner. It shall be the responsibility of the owner of the property upon which a FOG System is installed to assure compliance by tenants or occupants of such property with the requirements of this Chapter. The City shall establish a FOG System permitting process.

D. Criteria for Determining Need for Installation or Upgrading of a FOG System. The City shall determine whether a FOG System is required to be installed or upgraded on a case-by-case basis based on an evaluation of objective criteria including, but not limited to, the following factors:

1. The type of facility (for example: a restaurant, bakery, ice cream shop, gas station, etc.);

2. The volume of the user's business or operation (such as number of meals served, number of seats, hours of operation);

3. Size and nature of facilities (including kitchen facilities) based on size, type, number of fixtures, and type of processing or cooking equipment used;

4. The type of service provided or operation undertaken (such as dine-in meal service versus carry-out meal service);

5. The type of foods or other materials used in the cooking, processing, or manufacturing operations carried on within the user's facility;

6. The overall potential for FOG-laden discharges;

7. The existence of devices, procedures, or processes which are designed to minimize the amount of FOG from entering the sewer system;

8. FOG-laden discharges from exhaust hood systems (vents, filters); and

9. Such other factors as the City may establish by resolution from time to time.

E. The design, size, location and procedures for operating a FOG System shall be approved by the City and shall meet at least the minimum requirements of the latest edition of the Uniform Plumbing Code and this Chapter, as well as satisfying all requirements established by the City engineer. The minimum interceptor size shall be determined by the City engineer, shall have a retention time of not less than fifteen (15) minutes and shall be located to be easily accessible for cleaning and inspection.

(Ord. 92-09 §§ 2, 3, 1992; Ord. 83-2 § 1 (part), 1983; Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. Initial Inspection of Food Service Establishments. The City shall make a diligent effort to conduct FOG compliance inspections of all existing FSEs in its jurisdiction within ninety (90) days of the effective date of this Chapter using the criteria in Subsection 13.08.100 (D). If after making such inspection the City determines that a FOG System needs to be installed or upgraded on the inspected property, the City shall require the installation of an appropriate new or upgraded FOG System. The new or upgraded FOG System shall be installed to the City's satisfaction within a reasonable time, not to exceed ninety (90) days or such additional time as the City in its discretion may approve in writing upon a showing of good cause.

B. New FSE's and Commercial and Industrial Users. Prior to issuance of a building permit or other entitlement, all new FSE's and other new nonresidential users of the City's sewer system shall be evaluated to ascertain whether they warrant installation of a FOG System. If the City in its discretion determines that a FSE or other nonresidential user of the City's sewer system warrants installation of a FOG System, the FOG System shall be installed and must pass inspection prior to issuance of a certificate of occupancy.

C. Other Inspections. The City may inspect any FSE or nonresidential user of the City's sewer system and require the installation or upgrade of a FOG System at any time. If the City in its discretion determines that a FOG System should be installed or upgraded, the responsible parties shall complete the installation within such time as the City shall allow which shall in no case exceed ninety (90) days except upon the written consent of the City for good cause shown.

(Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. All FOG Systems shall be operated, maintained, repaired in continuous and good working order at all times. Generally, the minimum cleaning frequency of any outdoor grease interceptor shall be once every six months, or as otherwise directed by the City, or whenever the combined layer of settled solids and the layer of floating solids in the interceptor reaches twenty-five (25) percent of the depth of the interceptor, whichever occurs earlier. Grease traps may require more frequent maintenance to stay below the twenty-five (25) percent limit. Decanting or discharging removed waste back into a FOG System for the purpose of reducing the volume to be hauled shall be prohibited. The use of chemicals, enzymes, grease solvents or emulsifiers to temporarily dissolve FOG in lieu of physical cleaning is not acceptable interceptor or trap maintenance and is prohibited. The use of biological additives as a supplement to FOG System maintenance, including the addition of micro-organisms, may be authorized in writing by the City prior to the use of such additives.

B. Maintenance records indicating date and type of service, volume pumped, name of waste hauler and waste disposal location for each pumping of a FOG System shall be kept for by the property owner for a minimum of three years. The records shall be provided to the City upon request.

C. All waste removed from a FOG System must be disposed at a duly permitted facility authorized to receive such waste. The waste shall not be returned to the public sewer system or manhole, any private wastewater system or any storm drain.

D. If significant grease accumulation (e.g. a partial blockage) is found downstream or if significant grease wicking is found upstream of FOG System, a special inspection of the premises may occur. The inspection will include a review of the FOG System, the FOG maintenance program, waste storage area, drains not flowing to the FOG System and such other investigation as the City deems necessary.

E. If an FSE or other nonresidential user of the City's sewer system causes, or is a substantial factor in causing, a FOG-related sanitary sewer overflow, the operator of the FSE or other nonresidential user, and the owner of the property will be responsible for all related costs, fines, penalties and other expenses.

(Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. All new sewer extensions and service connections shall be properly designed and constructed. Plans for sewerage system construction shall meet all design requirements of the City, as determined by review of the City manager.

B. Inspection of all sewerage construction shall be made by personnel or agents of the City. No new construction shall be covered without the approval of the City.

C. The City shall be directly reimbursed by the project proponent for all reasonable costs associated with design review and inspection of new construction.

(Ord. 83-2 § 1 (part), 1983; Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)

A. From time to time, City agents or personnel may enter onto privately or publicly owned lands to inspect portions of the sewage system, including service connections, for violations of the ordinance codified in this chapter. The City will endeavor to inspect at the convenience of the user and in no event will grease traps be inspected during peak meal hours.

B. Any user who violates any provision of this chapter, or who is found by the City manager to be guilty of any of the following violations, may be disconnected from the sewer and water system:

1. Failure of the user or owner to report significant changes in operations or wastewater flows, constituents, and characteristics;

2. Refusal to allow the City manager or his representatives' access to user's or owner's premises for the purpose of inspection, sampling, or monitoring;

3. Nonpayment of fees and charges;

4. Repeated violations of the provisions of this chapter.

C. Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this chapter, of any provision of any permit issued pursuant to the chapter, or of any order or directive of the City manager authorized by the provisions of this chapter, is declared to be a public nuisance and may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law.

D. When the City manager finds that a discharge of waste has taken place or is likely to take place in violation of this chapter, the City manager may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall:

1. Comply forthwith; or

2. Comply in accordance with a time schedule set forth by the City manager; or

3. Take appropriate remedial or preventative action.

E. In the event repairs, construction, or other public work is performed on any premises pursuant to any provision of law relating to the emergency performance of public work and expenditure of public funds therefor, or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate, or abate a condition upon such premises which threatens to cause, causes, or has caused a violation of any provision of the chapter, a violation of any permit issued pursuant to the provisions of the chapter, or a violation of any other requirement of law, then the user responsible for the occurrence or condition giving rise to such work, and the occupant and the owner of the premises shall be liable, jointly, and severally to the City for such public expenditures.

F. When a discharge of wastes causes an obstruction, damage, or any other impairment to City sewage system, the City may, after providing the user with notice and opportunity to be heard, assess a charge against the user for the work required to clean or repair the sewage system, and may add such charge to the user's charges and fees.

G. Any charge or rental levied by the City pursuant to this chapter on any premises within the corporate limits of the City having a connection to the City sewage system is made a lien upon the premises. The City manager is authorized, and it shall be his duty, to disconnect any industrial sewer connection or domestic sewer connection on premises located either within the corporate limits of the City or outside the corporate limits of the City, upon failure of the person to whom such charge or rental is billed to pay such charge or rental prior to delinquency.

H. The City may terminate, or cause to be terminated, wastewater service to any premises, if a violation of any provisions of the ordinance codified in this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this chapter.

I. In the event of a violation of any terms of the chapter, or any rule or regulation established pursuant to this chapter, the City manager shall notify the person or persons causing, allowing, or committing such violation. Such notice shall specify in writing both the violation and the time after which, upon failure of such person or persons to prevent or rectify the violation, the City manager will exercise his authority to disconnect the property served by the sewage system. Such time shall not be less than five (5) days after the deposit of such notice in the United States Post Office at Nevada City, California, addressed to the person or persons to whom notice is given. In the event such violation results in a public hazard or menace, then the City manager may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amount expended in so doing shall be a charge upon the owner so in violation.

J. When service has been disconnected as provided in this chapter, the City manager may require that the person or persons who request that such service be reestablished furnish security acceptable to the City manager in a sum not to exceed five hundred dollars ($500.00), payable to the City and conditioned upon compliance with the provision of this chapter, before granting permission to make such connection. Before such service will be reestablished, the person or persons making application for such reestablishment of service shall pay all expenses incurred by the City in causing such disconnection and in reestablishing such connection.

K. It is unlawful to knowingly make any false statement, representation, record, report, plan, or other document, or to knowingly tamper with, bypass, or render inaccurate any sample monitoring device or equipment installed or operated pursuant to this chapter or to any permit issued under this chapter. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for disconnecting said user from the sewer system.

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

M. Appeals.

1. Any user, permittee, applicant, or other person aggrieved by any decision, action, finding, determination, order, or directive of the City manager which is made or authorized pursuant to the provisions of this chapter, or which relates to any permit issued pursuant to this chapter, or to any interpretation or implementation of the same, may file a written request with the City manager for reconsideration thereof within ten (10) days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting each user's or person's request for reconsideration. The City manager shall render a final decision within fifteen (15) days of the receipt of such request for reconsideration;

2. Any user, permittee, applicant, or other person aggrieved by the final determination of the City manager may appeal such determination to the City council of Nevada City within fifteen (15) days after notification of the final determination of the City manager, and shall set forth in written detail the facts and reasons supporting the appeal. The appeal shall be heard by the City council within forty-five (45) days from the date of filing the notice of appeal. The appellant, the City manager, and such other persons as the City council may deem appropriate shall be heard at the hearing on such appeal.

3. The City council shall cause notice to be given, at least ten (10) days prior to the time fixed for such hearing, to all persons affected by such appeal, of the time and place fixed by the City council for hearing such appeal. The City council shall direct the City clerk to mail a written notice, postage prepaid, to all such persons whose addresses are known to the City council, and to publish such notice once in a newspaper of general circulation within the City at least five (5) days prior to the date fixed for such hearing.

4. Upon conclusion of such hearing, the City council may affirm, reverse, or modify the final determination of the City manager as the City council deems just and equitable, and in harmony with the provisions of the chapter. During the pendency of any such appeal, the final determination of the City manager shall remain in full force and effect. The City council's determination on the appeal shall be final.

5. Pending decisions upon any appeal relative to the amount of any charge hereunder, the person making such appeal shall pay such charge. After the appeal is heard, the City council shall order refunded to the person making such appeal such amount, if any, as the City council shall determine should be refunded.

N. Any person who intentionally or negligently violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who intentionally or negligently discharges waste or wastewater which causes pollution, or who so violates any cease and desist order, prohibition, effluent limitation, national standard of performance, or national pretreatment or toxicity standard may also be in violation of the Porter-Cologne Act and be subject to its sanctions, including ten thousand dollars ($10,000.00) a day civil penalty.

O. Every person who violates any provisions of this chapter is guilty of a misdemeanor and is punishable as provided in the Health and Safety Code Section 4766.

P. The remedies provided for in this chapter shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the City.

Q. Any person violating the provisions of this chapter shall become liable to the City for any expense, loss, or damage, including any fines levied upon the City, occasioned by the City by reason of such violation.

(Ord. 92-09 § 4, 1992: Ord. 83-2 § 1 (part), 1983; Ord. No. 2020-11, § I, 7-23-2020; Ord. No. 2020-19, § I, 10-28-2020)