Pismo Beach Municipal Code Ch. 13.14 Sewer Use

To comply with the Federal Water Pollution Control Act (P.L. 92-500) and the Clean Water Act of 1977 (P.L. 95-217), the city operates a wastewater treatment facility, conveyance pipelines, and outfall to serve the needs of city residents and other users of the city's wastewater collection, treatment and disposal facilities. This wastewater treatment facility is funded in part by clean water grant funds.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

This chapter is enacted pursuant to Health and Safety Code Chapter 3 (commencing at Section 4700 et seq.) and Government Code Section 38900. In the case of any conflict between the provisions of this chapter and those of the state codes noted in this section, the later shall prevail.

All provisions of this chapter are applicable to all users of the sewerage system including all users whose connection to the sewerage system is located outside the corporate boundaries of the city and to all premises or property requiring sewer connections under the provisions of Section 13.14.060.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The following abbreviations, when used in this chapter, shall have the designated meanings:

Act - Federal Water Pollution Control Act or Clean Water Act

BOD - Biochemical Oxygen Demand

C - Celsius

City - City of Pismo Beach

Director - Director of Public Works for the City

F - Fahrenheit

mg/L - milligrams per liter

NPDES - National Pollutant Discharge Elimination System

POTW - Publicly Owned Treatment Works

(Ord. O-2023-005 § 3 (part), 2023)

A. “Building sewer” means that part of the horizontal sewer system (sewer lateral) which extends from a point two feet outside of the building to the point of connection with the public sewer main or private wastewater disposal system.

B. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility.

C. “City” means the City of Pismo Beach, California.

D. “Diluting waters” means water added to waste to make the waste compatible with the requirements and standards of the city.

D. “Director” means the director of public works of the City of Pismo Beach, or their representative.

E. “Domestic wastes” consists of waste discharging from the sanitary conveniences principally of dwellings (including apartment houses and motels), restaurants, office buildings, institutions, and the like.

F. “Engineer” means the city engineer.

G. “Interference” means discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

H. “Pass through” means discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.

I. “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Sections 13.14.060 through 13.14.190 are applicable to all users of the sewerage system, including all users whose sewerage connection is located outside the city.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Except as provided in this chapter, the owner of every premises situated within the city is required to:

A. Install at the owner’s expense all building sanitary waste plumbing and building sewers therein or thereon. Such installation shall be done as soon as is practicable, as determined by the director; however, no building intended for occupancy shall receive final approval of a building permit until all required on- and off-site work is completed;

B. At the owner’s expense, connect such premises with the proper public sanitary sewer in accordance with the provisions of this chapter and with adopted city standards. This is to be done no later than six months following official notice from the director.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Connection of a premises to a private disposal system may be allowed, as provided in this chapter and the Uniform California Plumbing Code, including any local amendments thereto, where:

A. No public sewer is located within two hundred (200) feet of any property line of said premises; or

B. Connection to the public sewer is prohibited by a duly authorized government agency.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

No person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a permit from the director.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Applications for connections to a city sewer shall in every case be made by the owner or owner’s agent on a form furnished by the city. Each application shall be supplemented by such plans, specifications, analyses of strength and quantity of wastewater to be produced, flow data, or other information as shall, in the judgement of the director, be considered pertinent.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Any connection to the sewerage system, including the piping within any public right-of-way, shall be installed at the sole expense of the owner of the property served. Such connections shall not be made without prior authorization of the director, receipt of an acceptable complete application, and payment of all applicable fees and charges.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The owner(s) shall indemnity the city from any loss or damage that may directly or indirectly be occasioned by the installation of a building sewer.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The holder of all permits issued hereunder shall be subject at all times to all applicable federal, state, county and city laws and regulations. At no time and in no way shall the holder of any permit acquire or be regarded as having acquired a vested or continuing right to maintain or to have continued connection to the sewerage system.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

All connections to the sewerage system shall be in accordance with the standards specified in this chapter.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

A separate and independent building sewer shall be provided for every building and parcel.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The size, slope, alignment, the materials of construction, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench for a building sewer, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. Whenever practical, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by a means approved by the director and discharged to the building sewer.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city, and to the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gas-tight and water-tight and shall be verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the director before installation.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in accordance with city standards.

(Ord. O-2023-005 § 3 (part), 2023: rd. 93-15 § 2 (part), 1993)

The applicant for the building sewer permit shall notify the director when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the director.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Each owner of a building sewer shall maintain the sewer in a water-tight and gas-tight condition at all times. Except during inspection, testing or cleaning, all openings required by the plumbing and building codes for inspection, testing and cleaning shall be sealed with a suitable gas-tight plug. Plugs shall not be removed to drain yards, basements, crawl spaces or driveways. All defects in the building sewer which prevent it from being gas-tight and water-tight shall be repaired by the owner within ninety days after notification by the city, and the repaired and tested sewer shall be subject to inspection by the city to verify that a satisfactory repair has been made.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Sewer use regulations are as set out in Sections 13.14.210 through 13.14.300.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

It shall be unlawful to discharge within the city any wastewater or polluted waters into any storm drain or natural outlet or channel. All sewage, waste and wastewater shall be discharged to the sewerage system except as hereinafter provided.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

All discharges to the sewerage system shall comply with the regulations put forth in this chapter. No person shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes bypass, pass through or interference including:

A. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees (140º) F (sixty degrees (60°) C) using the test methods specified in 40 CFR 261.21;

B. Wastewater having a pH less than six and zero tenths (6.0) or more than nine and zero tenths (9.0), or otherwise causing corrosive structural damage to the POTW or equipment;

C. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half inch (0.5") or one and twenty-seven-hundredths centimeters (1.27 cm) in any dimension;

D. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

E. Wastewater having a temperature greater than one hundred fifty degrees (150º) F (sixty-five and six-tenths degrees 65.6° C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four degrees (104º) F (forty degrees (40º)C);

F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

H. Trucked or hauled pollutants, except in accordance with Section 13.12.110 D. (Hauled Wastewater) of this code;

I. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

J. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;

K. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

L. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

M. Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit;

N. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;

O. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;

P. FOG of animal or vegetable origin in concentrations greater than 100 mg/L;

Q. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over five percent (5%) of the lower explosive limit of the meter.

R. Radiological, chemical, or biological warfare agent or high-level radioactive waste.

S. Amalgam or waste discharge containing mercury.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage or yard drainage into any pipe which is directly or indirectly connected to the sewerage system.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The use of diluting waters is prohibited.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Unpolluted water, including but not limited to cooling water, process water or blowdown from cooling towers or evaporative coolers, shall not be discharged through direct or indirect connections to a city sewer unless a wastewater discharge permit is issued by the city.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Waste from garbage grinders shall not be discharged into the sewerage system except:

A. Wastes generated in preparation of food normally consumed on the premises, such as in a home or restaurant, including “fast food” restaurants;

B. In other cases where the user has obtained a special permit for that specific use from the director, and agrees to undertake whatever self-monitoring is required to enable the director to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the sewerage system, with no particle greater than one-half inch (1.27 centimeters). Garbage grinders shall not be used for refuse, or other waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments, or wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption. Such discharge shall not cause the city to violate water quality requirements imposed on it by state or federal regulatory agencies.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sewerage system, unless first approved in writing by the director, and unless payment of processing charges has been made. Wastes of this category include but are not limited to:

A. Septic tank pumpings;

B. Chemical toilet wastes;

C. Pleasure boat wastes;

D. Industrial wastes collected in containers or tanks;

E. Any other material classified as domestic waste, including chemicals and other materials stored on the premises of the user which might directly or indirectly enter the sewerage system, accidentally or otherwise.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The director or the health officer of the county or any authorized representative of either the public works department or the health department is authorized to make such inspections as such department may deem necessary at any reasonable time in any building, premises or lot for any of the purposes hereinafter mentioned in this section. No person shall interfere with, prevent or refuse to permit such authorized persons to enter any building, premises or lot at any reasonable time for any of the following purposes:

1. To determine the size, depth and location of any sewer connection;

2. To determine the outlet of any sewer connection by depositing harmless testing materials in any plumbing fixture attached thereto and flushing the same, if necessary;

3. To determine by measurements and samples the quantity and nature of the sewage or wastewater being discharged into any sewer;

4. To determine the location of the roof, swimming pool, floor and surface drains and whether or not they connect to a sewer.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

No person shall discharge any substances directly into a manhole or similar opening in a city sewer; all such discharges shall be through an approved building sewer.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any person or industrial concern whereby any water or waste of unusual strength or, character or composition may be accepted by the city for treatment. Such agreements may be allowed when in the opinion of the director compelling circumstances warrant an exception. In the event that any such special agreement or arrangement shall involve additional or extraordinary expense to the city, such person will be required to reimburse the city therefor, and to post with the city a payment bond or other such financial guarantee, as shall be acceptable to the city.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

The city council will by resolution from time to time, establish sewer service charges.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

It shall be the duty of the director of public works of the city to enforce the provisions of this title.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

A. The director or director’s agents are granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations or make arrests for violations of this code.

B. Citations authorized are declared cumulative in nature for every day the violation exists once the citation is issued.

C. Citation authority is granted for violations which, under state law, constitute infractions or misdemeanors.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

A. Nothing in this title shall be construed as imposing upon the city or any of its officers, employees or agents, any liability or responsibility for injury or damage resulting from work approved or performed under any construction permit issued, or inspection conducted under this title.

B. No person shall be relieved from the responsibility to comply with the requirements of this title because of an error or omission by an officer, employee or agent of the city.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)

A. Infractions. Except as specified in subsection B of this section, any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title, or any code adopted by reference, shall be guilty of an infraction. Any person convicted of an infraction under the ordinances of this city shall be punished by the imposition of a fine only, without any imprisonment, as follows:

1. A fine not exceeding one hundred dollars for the first violation;

2. A fine not exceeding two hundred dollars for a second violation of this title within a twelve-month period; or

3. A fine not exceeding two hundred fifty dollars for a third violation of this title within a twelve-month period.

B. Misdemeanors. Any violation subsequent to the third offence in the same twelve-month period shall be classified as a misdemeanor and if convicted is punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or by both fine and imprisonment.

C. Each Day is a Separate Offense. Each and every day, or portion thereof, that any violations of this title shall continue shall constitute a separate offense. The person permitting or committing such offenses may be charged with separate offenses for each such violation and punished accordingly.

D. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this title, or any rule, regulation, order or permit issued thereunder, shall be liable for a civil penalty not to exceed two hundred fifty dollars for each day that the violation continues to exist.

E. Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this title or the rules, regulations, order or permits issued hereunder shall be liable to the city for the costs incurred, including but not limited to attorney fees and damages suffered by the city, its agents and agencies as a direct and proximate result of such violations.

F. Cumulative Remedies and Penalties. The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under au other laws of the city and the state.

G. Recording Violations. The director may cause a copy of the notice of violation to be recorded in the office of the county recorder, and upon such recordation subsequent grantees of the premises shall be deemed to have notice of the potential assessment of costs or penalties against the premises. Failure to record the notice of violation shall not affect the validity of proceedings under this title.

(Ord. O-2023-005 § 3 (part), 2023: Ord. 93-15 § 2 (part), 1993)