Chapter 13.08 — SEWER SERVICE SYSTEM

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

"Business" includes professions, trades, occupations and all and every kind of calling whether or not carried on for profit.

"City" means the city of Orange Cove; "city council" means the city council of the city; and "treasurer" means the city treasurer of the city.

"Commercial business" includes professions, trades, occupations and all and every kind of calling whether or not carried on for profit which is used for, or intended for use for, commercial, business or governmental purposes, including but not limited to stores, markets, theaters, cleaners, business offices, lodges, government offices, eating establishments, or laundromats.

"Domestic sewage" means any liquid or water carried or other human waste produced at residences, business buildings, and institutions.

"Family" means any one or more persons comprising a single family unit.

"Industrial business" includes professions, trades, occupations and all and every kind of calling whether or not carried on for profit which is used for, or intended for use for, producing, manufacturing, processing, institutional, commercial, agricultural or other operations where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

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

"Lateral sewer" means that portion of any side sewer within a street or public easement.

"Main sewer" means any sewer constructed in any street to accommodate more than one side sewer.

"Municipal sewage disposal system" means the sewage disposal system constructed or acquired by the city and comprising the enterprise described in the following measure, to wit:

Shall the City of Orange Cove issue revenue bonds in the principal amount of $250,000 pursuant to the Revenue Bond Law of 1941 to provide funds for the improvement and financing of the following enterprise, to wit: a sewage disposal system, including trunk collection lines, pumping plant, treatment plant, outfall line, pipes, pumps, machinery, lands easements, rights of way and other works, property or structures necessary or convenient for a sewage disposal system for the City of Orange Cove?

which said measure was duly approved by the voters at the special revenue bond election duly called and held in the city on April 5, 1955.

"Municipal sewer system" means the municipal sewage disposal system, together with all trunk sewers, main sewers, lateral sewers and outside sewers heretofore or hereafter constructed by the city, all comprising the municipal sewer system of the city.

"Municipal water system" means the municipal water system of the city as now or hereafter constituted and operated by the city.

"Occupant" means any person actually occupying any premises, whether as owner or tenant or under contract or otherwise.

"Outside sewer" means sewer lines lying outside the city limits.

"Owner" means the person holding a fee title to any premises as shown by the official records of the county recorder of Fresno County.

"Person" means any person, firm, company, corporation, political subdivision, city, county, district, the state of California, or the United States of America, or any department or agency of any thereof. The singular in each one shall include the plural.

"Premises" means any lot, piece or parcel of land, or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation.

"Residential unit" means any two or more rooms having bathroom or toilet, and kitchen plumbing facilities, suitable for residential occupancy by any number of persons living together as a single family, including single family dwellings, and each group of rooms constituting living quarters for a single family in any duplex, triplex, apartment, court or other multiple dwelling structure, but excluding any living or sleeping quarters in hotels, apartments, rooming houses, motels or auto courts where kitchen facilities are not provided.

"Side sewer" means that part of any sewer piping beginning at the junction thereof with any house plumbing system at not closer than two feet outside the foundation wall of the building served and terminating in any main sewer.

"Sewage" means water and water carried waste, or any human wastes, disposed of or disposable through plumbing outlets, including industrial sewage and industrial wastes.

"Sewer service" means the services and facilities for treatment and disposal of sewage furnished or available to premises by the municipal sewage disposal system.

"Street" means any public highway, road, street, avenue, alley, way, easement or right of way in the city.

"Trunk sewer" means any sewer constructed in any street to accommodate more than one main sewer.

"Water collector" means the city water collector or other person designated by the city council to perform the services or make the determinations permitted or required under this chapter to be made by the city water collector.

(Ord. 297 § 3, 2001: prior code § 8-701)

For the purpose of providing funds for payment at or before maturity of the principal of and interest on all sewer revenue bonds heretofore or hereafter issued by the city for the purpose of the acquisition, construction and completion of the municipal sewage disposal system, and for the purpose of defraying the cost of maintenance and operation of the municipal sewage disposal system, and for the purpose of compliance with requirements of this city's sewer revenue program, as required by the State Water Quality Control Board, and the United States Environmental Protection Agency, there are levied and assessed upon all premises having or required to have any sewer connections with or discharging or required to discharge sewage into or through the municipal sewer system, monthly sewer service charges for the services and facilities for the treatment and disposal of sewage furnished or available to such premises by the municipal sewage disposal system, such charges to be payable in the following respective amount:

A.

Residential Units and Churches. All residential units inside city designed for single-family occupancy, and churches, each seventeen dollars and twenty-five cents per month beginning October 2003 to September 2004. All residential units inside city designed for single-family occupancy, and churches, each nineteen dollars and thirty cents per month beginning October 2004 to September 2005. All residential units inside city designed for single-family occupancy, and churches, each twenty-one dollars and sixty cents per month beginning October 2005 to September 2006. All residential units inside city designed for single- family occupancy, and churches, each twenty-four dollars and twenty cents per month beginning October 2006 and continuing at that rate thereafter.

B.

Retail Stores, Offices and Medical Facilities. All retail stores, offices and medical facilities, per connection, each seventeen dollars and twenty-five cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2003 to September 2004. All retail stores, offices and medical facilities, per connection, each nineteen dollars and thirty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2004 to September 2005. All retail stores, offices and medical facilities, per connection, each twenty-one dollars and sixty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2005 to September 2006. All retail stores, offices and medical facilities, per connection, each twenty-four dollars and twenty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2006 and continuing at that rate thereafter.

C.

Industrial Users. All industrial users, per connection, each seventeen dollars and twenty-five cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2003 to September 2004. All industrial users, per connection, each nineteen dollars and thirty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2004 to September 2005. All industrial users, per connection, each twenty-one dollars and sixty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2005 to

September 2006. All industrial users, per connection, each twenty-four dollars and twenty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2006 and continuing at that rate thereafter.

D.

Public Schools. Public schools shall pay a sewer service charge each month equal to the number of school days that month multiplied by the number of students at the school based on a student census performed at the beginning of each school term, including summer sessions, then multiplied by .91 cents.

E.

All other premises inside the city limits connected to the municipal water system, per connection each seventeen dollars and twenty-five cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2003 to September 2004. All other premises inside the city limits connected to the municipal water system, per connection, each nineteen dollars and thirty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2004 to September 2005. All other premises inside the city limits connected to the municipal water system, per connection, each twenty-one dollars and sixty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2005 to September 2006. All other premises inside the city limits connected to the municipal water system, per connection, each twenty-four dollars and twenty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2006 and continuing at that rate thereafter.

F.

All other premises inside the city not connected to the municipal water system, each seventeen dollars and twenty-five cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2003 to September 2004. All other premises inside the city not connected to the municipal water system, per connection, each nineteen dollars and thirty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2004 to September 2005. All other premises inside the city not connected to the municipal water system, per connection, each twenty-one dollars and sixty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2005 to September 2006. All other premises inside the city not connected to the municipal water system, per connection, each twenty-four dollars and twenty cents per month for zero to one thousand four hundred cubic feet of usage, and .98 cents per one hundred cubic feet thereafter, beginning October 2006 and continuing at that rate thereafter. The water collector shall estimate the amount of water used on such premises for billing of sewer charges. Any user charged on this basis may, as an alternative, at user's cost, install and maintain a sewer flow meter. The sewer flow meter shall be installed and maintained subject to approval and direction of the city engineer and public works superintendent and such sewer flow meter shall at all times be available to city inspection and reading.

G.

All Premises Outside the City Limits. An amount equal to one and one-half times the amount of the charge that would be payable if the premises were located without the city.

H.

Adjustments. Whenever any user referred to in subsections B through F of this section believes that such rates are unjust, the user may apply to the water collector for adjustment. The water collector may adjust such higher charge applicable to any premises or unit where evidence indicates that such higher charge would be unjust, but in no event to be an amount less than five dollars and forty-five cents per month.

I.

The effective date for the above-referenced changes in sewer rates is November 22, 2003.

(Ord. 314 § 1, 2005; Ord. 310 § 2, 2003; Ord. 297 §§ 4 and 5, 2001; Ord. 293 § 2, 2000; Ord. 292 § 2, 2000; prior code § 8-702)

All persons to whom a sewer charge is billed pursuant to this chapter and all persons responsible for payment of monthly sewer charges under Section 13.08.050 shall deposit with the water collector the sum of six dollars which deposit shall be a guarantee for payment of the sewer bill and to be forfeited for non- payment of a sewer bill if the same be not paid on or before the last day of the month after which the charge is made, and the same will be repaid when the service is voluntarily discontinued if no delinquencies exist. All sums remaining on deposit for five years shall be refunded upon application after the five-year period provided no delinquencies exist. No interest shall be paid on any deposits. This section shall not be construed to require a deposit from any person presently billed for sewer service unless and until the person receives sewer service, or the service is available, at a place or premises different than the place or premises presently serviced and charged to such person. All deposits received under this section shall be placed in the city treasury in a special account and no part thereof shall be deemed revenues required to be deposited by the city treasurer with the fiscal agent under Section 13.08.150.

(Prior code § 8-703)

A.

All sewer service charges shall become due and payable to and at the office of the water collector on the first day of each month following the month of service and all bills for such charges shall so specify. All sewer charges shall become delinquent on the first day of the calendar month following the date of payment specified on the bills therefor.

B.

All bills for such charges shall be issued by the water collector. They shall be combined with bills or statements for water service rendered by the municipal water system in all cases where the premises in question are connected to the municipal water system. The bills shall state their purpose (water and sewer service), shall give the name and last known address of the persons responsible for payment (as herein

provided), and shall list separately the charge for water service and the charge for sewer service and the total charge for both services. Neither charge may be paid separately from the other. If premises with sewer service are not connected with the municipal water system, a separate bill shall be rendered for sewer service only.

(Prior code § 8-704)

Qualified senior users shall be entitled to a discount on sewer charges up to fifteen percent as established by resolution of the city council. The city council shall adopt reasonable rules and regulations regarding applying and qualifying for the senior discount by resolution.

(Ord. 317 § 2, 2006)

All monthly sewer service charges shall be billed to the following persons:

A.

In the case of any person whose premises are connected with the municipal water system, then to the person who requested such connection to the municipal water system or his successor in interest, or to any person requesting that such bill be charged to him; or

B.

In the case of any person whose premises are not connected to the municipal water system then to the person who requested the connection to the municipal sewer system or his successor in interest, or if no such request was made, then to the owner of such premises on the date on which such premises are required hereby to connect to the municipal sewer system, or to the successor in interest to such person, or to any person requesting that such bill be charged to him.

(Prior code § 8-705)

A.

The water collector is charged with the enforcement of all of the provisions of this chapter. The chief of police and all police officers of the city shall be deputies of the water collector for such purposes.

B.

In the event of a violation of any terms of this chapter, or any rule or regulation established pursuant to this chapter, the water collector, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the water collector will exercise his authority to disconnect the premises from the municipal water system and/or the municipal sewer system; provided that such time shall not be less than ten days after the deposit of such notice in the United States Post Office at Orange Cove,

California, addressed to the person to whom notice is given; provided, however that in the event such violation results in a public hazard or menace, then the water collector 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 amounts expended in so doing shall be a charge upon the person so in violation.

C.

The notice provided for in this section shall inform the person notified of the availability of an opportunity for the person to present any objections to bills for service to the city review manager. The city administrator is designated review manager.

D.

Upon request of the person notified within five days of the receipt of notice, the review manager shall provide the person with a hearing which shall afford the opportunity for the presentation to the review manager of the person's complaint that he is being overcharged or charged for services not rendered.

E.

Upon failure of any person billed or the owner of any premises to pay any sewer charge prior to delinquency, or if the owner or occupant of any premises shall violate any other provision of this chapter, any one or more of the following actions authorized by this subsection may, or where required hereby must, be taken by the city or city officials to enforce such payment:

In each case where all or any part of any bill remains unpaid on the delinquent date thereof, a basic penalty of ten percent of the amount of such bill shall be added to such bill for the first month delinquent and in addition an amount equal to one-half of one percent per month of the amount of such bill shall be added to such bill for each month during the time that said bill shall remain unpaid after the delinquent date.

In each case where any bill for both water service and sewer service remains unpaid after such bill becomes delinquent, and in each case where a violation of any other provision of this chapter shall continue for a period of sixty days, the water collector shall disconnect the premises from the municipal water system, and he may also disconnect the premises from the municipal sewer system, all subject to the provisions of subsections B through D of this section. Whenever premises have been disconnected from either the municipal water or sewer system for nonpayment of water or sewer service charges, such premises shall not be reconnected to either the municipal water system and/or municipal sewer system until all delinquent charges and penalties have been paid and until a connection permit shall have been obtained and until a connection fee of five dollars shall be paid, and until the owner of such premises shall otherwise have complied with this chapter.

In each case where premises are disconnected from the municipal sewer system, the city council shall cause the city to take or to request any authorized public officer to take such steps as may be legally taken to abate such premises and to prohibit occupancy of such premises until they shall be reconnected to the municipal sewer system.

F.

No disconnections of sewer service under this chapter shall be made on Saturday, Sundays, holidays, or at any time that the business office of the water collector is not open.

G.

If sewer service to any premises is disconnected by the city pursuant to the provisions of this chapter, it shall be unlawful for any person other than an authorized city employee to reconnect the service. Any such act shall constitute an infraction punishable as provided in the code. Any person unlawfully connecting sewer service shall also be subject to any applicable provisions of California law.

H.

Legal Action. Notwithstanding the provisions of this chapter, the city reserves the right to initiate whatever legal action may be necessary or convenient in order to collect delinquent accounts for municipal services.

(Ord. 226 § 1(part), 1982: prior code § 8-706)

A.

Sewer service charges shall become effective immediately upon the beginning of operation of the municipal sewage disposal system as to all premises then connected to the municipal sewer system and thereafter such charges shall become effective against all premises not then connected to the municipal sewer system immediately upon connection or within sixty days from the time that a connection to the municipal sewer system could be made as provided in Section 13.08.080, whichever is the earlier.

B.

If operation of the municipal sewer system shall commence during the first twenty days of a calendar month, or if any connection is made to the municipal sewer system during the first twenty days of a calendar month, a full monthly sewer service charge shall be charged. If operation of the municipal sewer system shall commence after the twentieth day of calendar month, or if any connection is made to the municipal sewer system after the twentieth day of a calendar month then no sewer service charge shall be charged for such portion of such calendar month.

(Prior code § 8-707)

No person owning any premises within the city limits of the city (a) on which the outlet of the plumbing system of such premises is located within two hundred feet from the point at which a connection can be

made to the municipal sewer system, or (b) having no plumbing system, but in which a plumbing system could be installed with the nearest outlet located within two hundred feet from the point at which a connection could be made to the municipal sewer system, and upon which any sewage is produced shall use any means of sewage other than through the municipal sewer system. Every person owning any premises so located and upon or in which any sewage is produced shall be required to connect the premises to the municipal sewer system within sixty days from the date when a main sewer or lateral sewer located within the distance specified above is completed and available for connection to said premises. The city declares that further maintenance or use of cesspools, septic tanks or other local means of sewage disposal on any premises so located shall constitute a public nuisance and may invoke any legal means or the police power to abate same.

B.

The cost of connecting to the public sewer line shall be borne by the property owner so connecting. Materials used to connect to the public sewer shall be the same as used on the entire building sewer as such term is defined in the Uniform Plumbing Code. Acts of any property owner, his agents, employees of independent contractors or the property owner shall be liable for cost of repair to said public sewer. No connection shall be made to the public sewer without prior approval of the plumbing inspector.

(Prior code § 8-708)

A.

No person whose premises are not now connected with the municipal sewer system shall connect any premises or cause any premises to be connected with the municipal sewer system without first obtaining a permit to do so from the water collector; and in any case where such connection is not made within sixty days from the date when a main sewer or lateral is available for such connection is provided in Section

the water collector.

B.

The water collector may require any person who applies for any such permit to file a statement or affidavit for the guidance of the water collector and the city council in ascertaining the amount of the monthly sewer service charge payable by such person under this chapter. Each such statement or affidavit shall contain such information as may be required by the water collector. Failure by any person to file such statement or affidavit containing such required information shall constitute a violation of this chapter. No statement or affidavit shall be conclusive as to the matters therein set forth, nor shall the filing of any statement or affidavit preclude the city from collecting from the person responsible for payment (as herein provided) by appropriate action such sum as is actually due and payable for monthly sewer service charges under the provisions of this chapter. Each such statement or affidavit, and each of the several items therein contained, shall be subject to verification by the water collector.

(Prior code § 8-709)

It shall be the duty of the water collector to supervise all connections to the municipal sewer system, and subject to the approval of the city council, to establish and administer such reasonable rules and regulations applicable to the use of and operation of the municipal sewer system and the municipal sewage disposal system as may be deemed advisable or necessary, provided, that such rules and regulations so established shall not be in conflict with any provision of this chapter and shall be at all times subject to appeal to the city council whose decision shall be final. It shall be the duty of the water collector to collect all sewer service charges. The water collector shall keep an accurate accounting and records showing the source, amount and disposition of all funds received from sewer service charges and connection fees. The city shall cause to be issued and shall maintain in good standing a surety bond conditioned upon the full and prompt deposit by the water collector of all sewer service charges and connection fees as provided in

A.

Whenever one or more owners of premises not then served by the municipal sewer system and which are not required to connect thereto by Section 13.08.080 hereof desire that a sewer be made available to such premises, they shall make written application to the city council for extension of the municipal sewer system to such premises, setting forth the exact location of the premises by lot and block numbers and the nature of the improvement contemplated which will require sewer service. The city council shall consider each such application and take appropriate action as described in this section.

B.

If the city council finds that the conditions enumerated in this subsection exist, it shall immediately order the construction of the sewer and take such steps as are necessary to accomplish the construction. Such action shall be taken, however, only if the city council finds that each and every one of the following conditions prevail:

That the sewer proposed will be part of the municipal sewer system;

That there is or will be sufficient money in the city's sewer construction fund to accomplish the construction;

That sewer service charges hereunder from the proposed sewer will begin to be paid within such reasonable time and will be in such amounts as, in the opinion of the city council will warrant the construction;

That the applicant, or applicants, for the construction have made application for a permit to connect to the proposed sewer and have paid the connection fees (if any), provided in Section 13.08.090.

C.

If the city council finds that all of the conditions enumerated in subsection B of this section do not exist, but if it appears that the proposed sewer will be part of the municipal sewer system and if the owners or occupants of the premises to be served by the proposed sewer will pay all or any agreed portion of the cost of construction thereof and obtain the permit and pay the fees (if any) as provided in Section 13.08.090, the city council shall give its consent to such construction.

(Prior code § 8-711)

All revenues received by the water collector under this chapter, including all sewer service charges and connection fees, shall be deposited by him within one day of receipt thereof with the treasurer and the sums, together with any interest earned thereon, shall on or before the fifth day of each month beginning with the month next succeeding the month during which the operation of the municipal sewage disposal system shall commence, be deposited by the treasurer in the manner and for the purposes provided and with the fiscal agent designated in or pursuant to that certain resolution adopted by the city council on July 13, 1955.

(Prior code § 8-712)

Any person who shall have a right to appeal as provided in any section of this chapter or who shall be dissatisfied with any determination hereinafter made hereunder by the water collector may, at any time within thirty days after such determination, appeal to the city council by giving written notice to the water collector and to the city clerk, setting forth the determination with which such person is dissatisfied. The city council may, at any time, upon its own motion appeal from any determination made by the water collector hereunder. In the event of any such appeal, the water collector shall transmit to the city council a report upon the matter appealed. The city council shall cause notice to be given at least ten 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 and 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.

(Prior code § 8-713)

No leaders from roofs and no surface drains for rain water shall be connected to any sanitary sewer. No surface or subsurface drainage, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any sanitary sewer by any device or method whatsoever. Boiler blowdown and cooler tower water shall be allowed if cooled to not more than one hundred twenty degrees Fahrenheit.

(Prior code § 8-714)

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

A.

Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit;

B.

Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil or grease;

C.

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

D.

Any garbage that has not been properly shredded. Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

E.

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 sewage works;

F.

Any waters or wastes having a pH lower than 6.0 or higher than 8.0 or having any other corrosive or pollutant properties capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

G.

Any waters containing a toxic poisonous substance which is explosive by nature, or toxic or poisonous by absorption in sufficient quantity to injure or interfere with the transfer of any sewage or sewage treatment process and constitutes a hazard in the receiving waters of the sewage treatment plant;

H.

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

I.

Any septic tank sludge;

J.

Any of the above prohibited or specific regulated quantities may be increased by the continuing permission of the city, but in no case shall exceed one thousand five hundred PPM or MGL, B.O.D., without pretreatment;

K.

Any waters or wastes having a chloride content of one hundred seventy-five parts per million or higher or total dissolved solids in excess of one thousand parts per million.

(Prior code § 8-715)

Grease, oil and sand interceptors shall be provided when, in the opinion of the city building inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity approved by the city building inspector and shall be located as to be readily and easily accessible for cleaning and inspecting.

(Prior code § 8-716)

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

(Prior code § 8-717)

A.

The admission into the public sewers of any waters or wastes having:

A five-day B.O.D. shall be considered as follows:

a.

Average strength sewage shall not have a B.O.D. strength greater than four hundred fifty mg/l., or

b.

High strength sewage shall be so classified that having a B.O.D. in excess of five hundred mg/l., or

c.

Any sewage tested having a B.O.D. greater than five hundred mg/l., be charged an additional service charge of one dollar and fifty cents per one hundred pounds, of B.O.D. in excess of five hundred mg/l.;

Suspended solids shall be considered as follows:

a.

Average strength sewage shall not have suspended solids greater than three hundred mg/l., or

b.

High strength sewage shall be so classified that has suspended solids greater than four hundred fifty mg/l., or

c.

Any sewage tested having suspended solids greater than four hundred fifty mg/l. shall be charged an additional service charge of one dollar and twenty-five cents per one hundred pounds of suspended solids in excess of four hundred fifty mg/l., or

Containing any quantity of substance having the characteristics described in Section 13.08.150, or

Having change in net flow greater than two percent of the average daily sewage flow of the city, shall be subject to the review and approval of the city inspector or director of public works.

B.

Where necessary in the opinion of the director of public works, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:

Reduce the biochemical oxygen demand to five thousand parts per million and the suspended solids to two thousand parts per million by weight; or

Reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 13.08.150; or

Control the quantities and rates of discharge of such waters or wastes.

C.

Plans, specifications and any other pertinent specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director of public works and of the Water Pollution Control Commission of the state of California, and no construction of such facilities shall be commenced until the approvals are obtained in writing.

(Prior code § 8-718)

Where preliminary treatment facilities are provided for any waters or wastes they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(Prior code § 8-719)

When required by the director of public works, the owner of any property served by a side sewer carrying industrial wastes shall install a suitable control manhole in the side sewer to facilitate observation, sampling and measurement of wastes. Such shall be constructed in accordance with plans approved by the city engineer. The manhole shall be maintained by him so as to be safe and accessible at all times.

(Prior code § 8-720)

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in Section 13.08.150 shall be determined at the control manhole provided for in Section 13.08.200, or upon suitable samples taken at the control manhole. In the event that 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 side sewer is connected.

(Prior code § 8-721)

No statement contained in this title shall be construed as preventing any special agreement between the city and any industrial concern whereby an industrial waste of unusual strength or character in excess of Section 13.08.180 may be accepted by the city for treatment, subject to payment therefor by the industrial concern and subject to such terms and conditions as might be required by the city.

(Prior code § 8-722)

Any person, firm, corporation violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of an infraction and upon the conviction thereof shall be punishable by:

A.

A fine not exceeding fifty dollars for a first violation;

B.

A fine not exceeding one hundred dollars for a second violation of this same chapter within one year;

C.

A fine not exceeding two hundred fifty dollars for each additional violation of this same ordinance within one year.

(Ord. 226 § 4, 1982)