Chapter 14.28 — INDUSTRIAL WASTES8

Biochemical Oxygen Demand. The term “biochemical oxygen demand” shall mean the five-day, twenty (20) degrees centigrade biochemical oxygen demand as determined by the most recent edition of “Standard Methods for the Analysis of Water and Sewage” of the United States Public Health Service.

Domestic Sewage. The term “domestic sewage” shall mean the wastewaters arising from the flushing of toilets, from the use of lavatories and baths and other means of washing human persons, from the washing of clothes, and from the preparing and serving of meals. No distinction is made as to whether these wastewaters originate in residences or in commercial establishments which produce only wastewater from operations similar to those which are commonly carried on in homes. The wastes from hotels, restaurants, laundries, public toilets, and schools are included in the category of “domestic sewage.”

Industrial Sewage. The term “industrial sewage” shall mean wastewaters arising in manufacturing or processing operations such as those carried on in refineries, canneries, slaughter houses, meat packing plants, fish cleaning plants, rendering plants, fruit by-products plants, vegetable packing plants, vegetable by-product plants, fruit packing plants, creameries, dairies, wineries, distilleries, breweries, chemical plants, and all other similar and dissimilar fluid wastes and sewage of every kind other than domestic sewage. (1949 Code § 5300; Ord. 96-22 § 1 (part), 1996)

It shall be unlawful for any person to place or deposit in any public sewer or manhole or pipe line which discharges into a public sewer any of the following:

A. Any sand, dirt, mud, rocks, concrete or brick or other earthy material or any solids which will settle out in the sewer.

B. Any solids which will not pass through a screen with openings one inch square.

C. Any flammable liquid or any liquid which is immiscible with water.

D. Any liquid containing dissolved sulfides or compounds of intense odor which might cause odor nuisances from manholes, sewage plants or ocean outfall.

E. Any acids or liquids which have a pH value below five.

F. Any other substances which will damage the sewage works or interfere with operation of these works, or cause nuisance conditions.

G. Any industrial sewage except in accordance with the terms of a permit issued as hereinafter provided. (1949 Code § 5301; Ord. 96-22 § 1 (part), 1996)

8. Prior legislation: Ord. 587.

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City of Newport Beach, CA § 14.28.030 WATER AND SEWERS § 14.28.060

No person shall discharge industrial wastes into the public sewer system or any municipal industrial waste pipe line of the City without first obtaining a permit so to do from the City Council. Such permit shall be known as an “industrial waste permit.” Application for such permit shall be made in writing to the City Council through the Public Works Department and shall contain the following information:

A. Name and address of applicant.

B. Location of connection or proposed connection with public sewer system or municipal
industrial water pipe line.

C. Estimated gallonage of wastes proposed to be discharged and statement as to approximate
time of discharging same, together with information as to peak loads, and such other similar
data as the City Council may require.

D. Statement of the character of the waste proposed to be discharged, including such detail in
connection therewith as the City Council may require.
(Prior 1949 Code § 5302 (part); August 19, 1968; Ord. 1265 § 2; Ord. 96-22 § 1 (part), 1996)

Upon receipt of application for an industrial waste permit, the City Council shall refer the same to the City Manager who shall investigate the same and make report thereof. The applicant shall furnish such other information as the City Manager may require in order to make his investigation. In addition to such report from the City Manager, the City Council may make such further investigation as it shall deem necessary, and may require the applicant or his representative to appear personally before the Council with respect to the application. (1949 Code § 5302 (part); Ord. 96-22 § 1 (part), 1996)

After the Council has received its report from the City Manager and has made such further investigation as it deems necessary, the applicant shall be granted an industrial waste permit in the event the City Council finds:

A. That there is in the sewerage system of the City unused carrying and treatment capacity not
necessary for the disposition of domestic sewerage of the City.

B. That the amount and character of the wastes proposed to be discharged by applicant are
such that the same can be transported and treated in such a manner that an effluent will
result which complies with all applicable State laws and regulations, and which, in the
opinion of the City Council will not result in a nuisance nor any objectionable or unpleasant
odors along the pipe lines or in the vicinity of treatment plants and other facilities.

C. That such waste will not result in damage to pipe lines and other disposal facilities.
(1949 Code § 5302 (part); Ord. 96-22 § 1 (part), 1996)

The City Council may issue a permit granting an application in part only, and may issue a conditional permit prescribing such conditions or requiring treatment of wastes when in its

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City of Newport Beach, CA § 14.28.060 NEWPORT BEACH CODE § 14.28.100

opinion such permit or conditions shall promote the intent and purposes of this chapter or shall best preserve the public health, safety or welfare. (1949 Code § 5302 (part); Ord. 96-22 § 1 (part), 1996)

A. Causes. Whenever by reason of increased flow of domestic sewage or for any cause whatever, the City Council shall find, after hearing the discharge of such industrial wastes in pursuance of such permit exceeds or may exceed the carrying or treatment capacity of the sewage system and/or municipal industrial waste pipe lines, or has caused or may cause objectionable or unpleasant odors, or unsanitary or other unhealthy conditions, or has resulted in or may result in damage to pipelines or other facilities, or that a permittee has violated any of the provisions of this chapter, the City Council may revoke the industrial waste permit or may impose further conditions with respect thereof, or may alleviate or remove the effects.

B. Hearing. Should the City Council be advised of facts which indicate that such permit shall
be revoked or that further conditions should be imposed upon the permittee, it shall set a
time not less than thirty (30) days and designate a place of public hearing upon the question
of whether the permit should be revoked or that conditions should be imposed upon the
permittee, and shall cause the City Clerk to notify permittee in writing of such time and
place of hearing.
(1949 Code § 5303; Ord. 96-22 § 1 (part), 1996)

In the event that any person deposits any substance in any public sewer, sewer pipe, manhole, septic tank connected with the public sewerage system or municipal industrial waste pipe line within the City in violation of the provisions of this chapter, in addition to any penalties provided by this chapter, such person shall pay the City of Newport Beach for damage caused thereby and for the cost of any cleaning of any portion of the public sewerage system and/or municipal industrial waste pipe lines made necessary by reason thereof; and if after notice to such person, given in writing by the City Manager, such costs and damages are not paid within five days thereafter, the City Council shall shut off the premises from the use of the public sewerage system and municipal industrial waste pipe line of the City of Newport Beach. (1949 Code § 5304; Ord. 96-22 § 1 (part), 1996)

The City Manager shall have the power temporarily to shut off any premises from the use of the public sewerage system and/or any municipal industrial waste pipe line of the City where the occupant or user of such premises is placing in such public sewerage system and/or municipal industrial waste pipe line substances in violation of this chapter. (1949 Code § 5305; Ord. 96-22 § 1 (part), 1996)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine up to maximum allowed by law or by imprisonment in the City or County Jail for a period of not more than three months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate

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City of Newport Beach, CA § 14.28.100 WATER AND SEWERS § 14.28.100

offense for every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (1949 Code § 5306; Ord. 96-22 § 1 (part), 1996)

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City of Newport Beach, CA § 14.30.010 WATER AND SEWERS § 14.30.015