Pomona Municipal Code § 62-398 Sewer construction permit, connection permit and inspection fees

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

Domestic refers to single- and multiple-residential units, stores, offices, schools, places of public assemblage, garages, service stations and other commercial establishments.

Sewage includes the following:

(1) Sewage, garbage, feculent matter, offal, refuse and filth.

(2) Any animal, mineral or vegetable matter or substance that is offensive, injurious or dangerous to health.

Sewer includes the following:

(1) Main trunk or outfall, interceptor and lateral sewers.

(2) Catchbasins, flush tanks, manholes, reception basins and all other appurtenances thereto that may constitute a sewer system.

(Code 1959, § 27-1; Ord. No. 910, §§ 320, 321 and 322)

Cross reference— Definitions generally, § 1-2.

Connection of lateral lines to a main trunk or outfall sewer shall be made at points and in the manner determined by the director of public works/city engineer and subject to such terms and conditions as the city council may prescribe.

(Code 1959, § 27-3; Ord. No. 910, § 324)

(a) To obtain good depth and velocity of flow, but of sufficient size to prevent undue stoppage, eight inches shall be the minimum diameter for all lateral sewer lines.

(b) To prevent the introduction, accidental or otherwise, of articles of an injurious nature, all house connections shall be restricted to a minimum inside diameter of four inches.

(Code 1959, § 27-4; Ord. No. 910, § 325)

In order to prevent, so far as possible, the formation of deposits, the minimum grade for sanitary sewers shall be such as to provide a velocity of not less than two feet per second when the sewer is flowing full or half full, in order that during periods of low flow an actual velocity of 1½ feet per second may prevail.

(Code 1959, § 27-5; Ord. No. 910, § 326)

(a) All sewer manholes shall be constructed according to designs and specifications approved by and on file with the director of public works/city engineer.

(b) Manholes shall be placed at all sewer junctions, at every change of grade or alignment, and at distances not greater than 400 feet on sewers of constant diameter and having a straight line gradient and alignment; provided, however, a manhole shall be made available for sampling and measurement of flow of industrial wastes before their discharge into a sanitary sewer.

(Code 1959, § 27-6; Ord. No. 910, § 327)

It shall be unlawful for any person to dump anything in a manhole unless the person has been issued, by the director of public works/city engineer, a permit to dump in the manhole, which permit permits the dumping and states what is permitted to be dumped. The permit shall expire on January 1 of each year; however, each permit shall be subject to recall at any time by the director of public works/city engineer in order to change the manhole in which dumping is permitted. The director of public works/city engineer shall provide an application form for the permit and shall provide such information as shall be necessary to protect the city sewer system. It is declared that any person violating this section shall be guilty of a misdemeanor.

(Code 1959, § 27-7; Ord. No. 1224)

(a) Any sewer built in the city shall be constructed in compliance with the provisions of specifications approved by the director of public works/city engineer and the provisions of any other city ordinance applicable thereto.

(b) As a requirement of a lot split, subparcel, parcel map, subdivision, or building permit, the director of public works/city engineer may require a main sewer and sewer laterals to be constructed to serve each possible lot that can be created from each parcel created by the lot split, subparcel, parcel map, or subdivision or parcel built upon, under the zoning district in which the parcel is located at the time of the approval of the lot split, subparcel, parcel map, or subdivision or the issuance of the building permit.

(Code 1959, § 27-8; Ord. No. 910, § 329; Ord. No. 2322, § 1 (part))

(a) Any person or his duly authorized representative who makes, causes, permits, or allows to be made any connection to a sanitary sewer shall first apply for and be issued a permit by the director of public works/city engineer. Such permit shall be for a single sewer connection.

(b) Any person or his duly authorized representative who makes, causes, permits, or allows to have a sewer line constructed or who desires to make any connection to a sanitary sewer shall first apply for and be issued a permit therefor by the director of public works/city engineer. If any of the work to be done is located within a street travelway, the permit will be issued only to a contractor licensed to perform this type of work.

(c) There shall be a permit issued for every sewer built or connection made, and a sum equal to three percent of the estimated cost of the sewer, as computed by the director of public works/city engineer, shall be charged to cover the cost of inspection. A minimum charge for inspection services shall be as determined by resolution. If a sewer is built for any other governmental agency and no city inspection is required, the inspection fee may be waived.

(d) If there is no record of a property being connected to the city's sanitary sewer system, the city may, at the written request of the property owner, perform a dye test to certify the property being connected to an existing sanitary sewer. Such dye test will be performed by the city upon payment of a fee as determined by resolution.

(e) After payment of the prescribed fees and deposits in the manner provided, the director of public works/city engineer may issue a permit to construct a domestic sanitary sewer or to construct a sewer connection. Such permit shall be issued in quadruplicate; one copy shall be filed by the director of public works/city engineer, one copy shall be delivered by the permittee to the office of the plumbing inspector, one shall be sent to the sewer inspector, and the original shall be retained by the permittee. However, all work done pursuant to each permit shall be in compliance with the provisions of all other ordinances and sections of this Code that may be applicable thereto.

(f) Any person who makes, causes, permits, or allows to be made any domestic connection to a sanitary sewer without fist having applied for and been issued a permit therefor by the director of public works/city engineer is guilty of a misdemeanor.

(g) Any person who makes, causes, permits, or allows to be made any domestic connection to a sanitary sewer and fails, refuses or neglects to apply for and be issued a permit therefor by the director of public works/city engineer shall be assessed an additional 100 percent of the fixed fees and deposits for such connection, which penalty shall be added thereto and shall be collected with the fees and deposits.

(Code 1959, §§ 27-9—27-13; Ord. No. 910, §§ 340—344; Ord. No. 1539, § 4; Ord. No. 2322, § 1 (part); Ord. No. 2872, § 1; Ord. No. 2969, § 1; Ord. No. 3354, § 1)

(a) A connection charge is levied so as to provide from the private property served by the sewer lines a contribution to the cost, maintenance, and upkeep of the line for the benefit that will be received by the private property connecting to the sewer line, which is determined by the council to be equal to the charge levied by this section.

(b) Every applicant for a new connection to the sewer service operated by the city utility services department, shall pay to the utility services department a connection fee for such new service as set by resolution of the city council. Such fee shall not be applicable as to any parcel where the applicant or their predecessor in interest previously paid such fee to the utility services department for such parcel.

(c) The director of public works shall update and charge appropriate fees as approved by the city council by resolution.

(d) The director of public works/city engineer shall not permit a private sewer connection to the sewer lines without there being paid to the city treasurer the sum determined in this section, which sum shall be deposited in the sewer construction fund.

(e) The amount of any sewer connection fee shall be deemed a debt owing to the city, and any person who connects to a street sewer without having paid the connection fee in full or any portion thereof as provided in this section shall be liable to any action in the name of the city in any court of competent jurisdiction for the amount of such fee. The conviction and punishment of any person for connecting to a street sewer without obtaining a permit to do so shall not relieve such person from paying the connection fee due and unpaid at the time of such conviction, nor shall the payment of any connection fee prevent a criminal prosecution for the violation of any of the sections of this article. All remedies prescribed under this subsection shall be cumulative, and the use of any one or more remedies shall not bar the use of any other remedy for the purpose of enforcing this article.

(f) The director of public works/city engineer shall require a sum to be deposited with the city treasurer that will cover the cost of replacing the surface of any street, alley, or sidewalk that may be damaged or destroyed by the construction of the sewer line or private connection.

(g) The property owner shall also be responsible for maintaining the house connections up to and including the connection to the sewer line.

(Code 1959, §§ 27-14—27-16; Ord. No. 910, § 341; Ord. No. 1292, § 1; Ord. No. 1539, §§ 1, 2, 5; Ord. No. 2322, § 1 (part); Ord. No. 2969, § 2; Ord. No. 3354, § 2); Ord. No. 4309, § 4, 8-2-2021)

(a) All sewer service furnished by the department shall be subject to a service charge for sewer use comprised of a fixed charge and a volumetric charge.

(1) The "fixed charge" shall be a set fee established by resolution of the city council.

(2) The "volume charge" shall be computed by multiplying the volumetric charge rate, as established by resolution and adjusted by paragraphs (i), (ii) and (iii) below, by each 100 cubic feet (hcf) of water consumed ("volumetric data"), regardless of whether the sewage be generated from residential, commercial or industrial land uses, except that single family residential use shall be on a "winter-months basis" as defined below. Volumetric data for residential, commercial and industrial sewer users shall be based upon records of water consumption available to the City of Pomona for each sewer customer location. Such data shall be compiled by the city utilizing water consumption records for each sewer user location, regardless of water provider or duration of service to such sewer user.

i) For City of Pomona single-family residential water customers, each July 1, the "winter months' basis" for each such user shall be calculated, where such basis is defined as an average of two complete months data within the period of December of the previous year through the following March. The city may utilize historical data of prior users at such location for such computation if insufficient data exists for said at such location until appropriate data is established.

ii) For all other City of Pomona water customers, volumetric data shall be computed on a bi-monthly basis. Where insufficient data initially exists, the city may utilize historical data at such users location for such computation without regard to the duration of use by said customer at said location until appropriate data is established.

iii) For all City of Pomona water customers, where volumetric data is not available, due to a loss of data, or other occurrence, the city shall use the lesser of the average for all similarly situated customers in the city or the 12-month average for the prior user as such location. This process would apply to a new or incoming user until a 12-month review period or winter-months basis (as applicable) has been determined. Such calculation shall be used until the appropriate data is established for normalized calculation.

iv) For City of Pomona sewer users who receive water service from a provider other than the City of Pomona ("Non-Pomona water customer"), where volumetric data is not available to the City of Pomona, aggregated data available from the water service provider will be used to establish an average user volumetric data consumption amount ("aggregated average"). For residential customers, the aggregated average will be computed to establish an aggregated winter months' basis each July 1 for the Non-City of Pomona water service area in which that address is situated. For all other customers, the aggregated average will be computed to establish an aggregated average based on industrial and commercial users respectively each July 1 by averaging the previous 12 months data for each such use in each non-City of Pomona water service area in which that address is sited.

v) Nothing in this section shall prevent any Non-Pomona water customer from providing or authorizing release of water records to the City of Pomona for computation of more accurate volumetric water data ("released records"). Released records shall be used to provide volumetric data to calculate adjusted volume sewer charges in accordance with procedures for calculating city provided water customers. Such adjusted volume sewer charges will become effective the billing period following release of such data. A Non-Pomona water customer's released records shall be removed from any calculation of any aggregated average for the following computation period. Any City of Pomona sewer user authorizing release of water records from a non-city water provider to the City of Pomona shall agree that such authority to release will remain effective for a period of no less than five years and continue in effect until written notice is received by both the water service provider and the city rescinding such authorization by said user. In the event a Non-Pomona water customer rescinds the city's access to released records, volume sewer charges for volume sewer charges for such Non-Pomona water customer shall be calculated by the method described in subpart iv) above.

(3) The sewer service charge shall be invoiced and collected bi-monthly in the same manner as the water service charges are billed within the city or in such manner as the city council shall determine. For partial payment of utility billing, the utility services director reserves the right to credit any monies remitted for payment of sewer service charges. The city council reserves the right to adjust the sewer service charges for actual discharge and metered usage or other special circumstances. Nothing in section 62-400(a) shall cause any written agreement between a City of Pomona water and/or sewer customer and the City of Pomona relating to sewer service charges existing and in force at the time of adoption of such section to be abrogated.

(Code 1959, § 27-8.5; Ord. No. 3867, § 1; Ord. No. 3973, § 1, 1-27-2003; Ord. No. 4075, § 5; Ord. No. 4266, § 7, 8-5-2019)

All persons shall comply with all sewage discharge restrictions and other requirements of the county sanitation district and the United States, the state and the city.