Redding Municipal Code Ch. 14.16 Sewers

These regulations set forth uniform requirements for contributions to the city's wastewater collection facilities and wastewater treatment facilities by all users thereof. These regulations enable the city to comply with applicable state and federal laws required by the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR part 403) and subsequent amendments.

The objectives of this chapter are:

A. To provide revenue for funding maintenance, operation, replacement, improvement, and extension of the city's publicly owned treatment works (POTW);

B. To provide for regulation and control of sewer connections;

C. To prevent the introduction of pollutants into the city's sewer collection system that may interfere with the POTW;

D. To prevent the introduction of pollutants into the system that may pass through the wastewater treatment system, inadequately treated, into sludge, atmosphere, effluents, receiving waters, or otherwise be incompatible with the POTW;

E. To provide for the protection and well-being of personnel associated with wastewater transmission and treatment and the general public;

F. To improve the opportunity to recycle and reclaim wastewaters and sludge from the wastewater treatment system; and

G. To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

This chapter shall apply to all users of the POTW. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 1, 1-20-2009)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. For terms in this chapter not defined in this section, see Chapters 16.16, 16.20 and 18.40 of this code:

"Aliquot" means a portion of a sample, often an equally divided portion of a sample.

"Approval authority" means the State of California Water Resources Control Board (SWRCB), the Central Valley Regional Water Quality Control Board (CVRWQCB), or the Environmental Protection Agency (EPA).

"Authorized representative of industrial user" means any one of the following:

1. If the industrial user is a corporation, "authorized representative" shall mean:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;

b. The manager of one or more manufacturing, production, or operation facilities provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or proprietor, respectively.

3. If the industrial user is a federal, state or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

4. The individuals described in paragraphs 1.a and 1.b of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility or premises from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

"Batch process" means a process in which a tank or vessel is filled, and the wastewater (or solution) is then released to the sewer collection system with or without further treatment. A batch process is intermittent, and not continuous.

"Best management practices or BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration (e.g., mg/L). The BOD test measures the organic strength of wastewater. Methods for determining BOD are described in "Standard Methods for the Examination of Water and Wastewater."

"Biohazardous waste" means any of the following:

1. Laboratory waste, including, but not limited to, all of the following:

a. Human or animal specimen cultures from medical and pathological laboratories,

b. Cultures and stocks of infectious agents from research and industrial laboratories,

c. Waste from the production of bacteria, viruses, or the used spores, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures;

2. Waste containing any microbiologic specimens sent to a laboratory for analysis;

3. Human surgery specimens or tissues removed at surgery or autopsy which are suspected by the attending physician and surgeon or dentist of being contaminated with agents known to be contagious to humans;

4. Animal parts, tissues, fluids, or carcasses suspected by the attending veterinarian of being contaminated with infectious agents known to be contagious to humans;

5. Waste which, at the point of transport from the generator's site, at the point of disposal, or thereafter, contains recognizable fluid blood, fluid blood products, containers, or equipment containing blood that is fluid or blood from animals known to be infected with diseases which are highly communicable to humans;

6. Waste containing discarded materials contaminated with excretion, exudate, or secretions from humans who are required to be isolated by infection control staff, the attending physician and surgeon, the attending veterinarian, or the local health officer, to protect others from highly communicable diseases or isolated animals known to be infected with diseases which are highly communicable to humans.

"Categorical industrial user" means an industrial user subject to a categorical pretreatment standard or categorical standard.

"Categorical pretreatment standards" means any regulation containing pollutant discharge limits promulgated by U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR 405 through 40 CFR 471.

"City manager" means the city manager of the city of Redding, or the city's designated and authorized representative, agent, or deputy.

"Clean Water Act" means the Federal Water Pollution Act of 1972 (Public Law 92-500, 33 U.S.C. section 1251 et seq.) and any amendments thereto, as well as any guidelines, regulations, limitations, and standards promulgated by the United States Environmental Protection Agency pursuant to the Act.

"Compatible pollutant" means any wastewater pollutant that can be transported and treated without harmful effect on the POTW.

"Containment devices" include, for the purposes of this chapter only, devices which provide secondary containment for compatible materials used or stored on premises.

"Composite sample" means a time composite or flow proportional composite sample. A composite sample is a collection of individual samples obtained at regular intervals, usually during a twenty-four-hour time span.

"Daily maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

"Daily maximum limit" means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

"Director" means public works director, or his designee.

"Domestic wastewater" means the liquid and waterborne wastes derived from ordinary residential living processes, free from industrial wastes, and generally containing only compatible pollutants which can be discharged into a public sewer without prior treatment.

"Dwelling unit," for the purposes of this chapter only, means one or more rooms in a single-family dwelling, two-family dwelling, or multiple-family dwelling designed for occupancy by a single family for living and sleeping purposes and having both kitchen and bathroom facilities for the primary use of such family.

"Enforcement response plan (ERP)" establishes a procedural framework for managing an enforcement protocol to achieve and maintain industrial user compliance for numerical and/or nonnumerical violations.

"Facility" means something that is built, installed, or established to serve a particular purpose.

"Flag lot" means a parcel of land to which access is gained by a relatively narrow strip of land. The access strip may be an easement or a deeded access.

"Flow proportional composite sampling" means a composite sampling as a collection of individual samples obtained at regular intervals, usually every one or two hours during a twenty-four-hour time span. Each individual sample is combined with the others in proportion to the rate of flows when the sample was collected. Equal volume individual samples also may be collected at intervals after a specific volume of flow passes the sampling point. The resulting mixture (composite sample) forms a representative sample and is analyzed to determine the average conditions during the entire sampling period.

"Food preparation facility" means any facility or part of a facility which packages, processes, assembles, portions or performs any operation which changes the form, flavor or consistency of food, but does not include trimming or produce. Food includes any raw or processed substance, ice, beverage or ingredient intended to be used as food, drink, confection or condiment for human consumption. A food preparation facility includes but is not limited to any facility for which an oil and grease interceptor is required. Food preparation facilities within a multiple-use facility served by one sewer connection, have combined wastewater constituents and characteristics that are significantly higher in wastewater strength than domestic wastewater sources. A facility having a food preparation facility; either individually or in combination with other uses, include, but are not limited to, the following type of businesses as defined by the North American Industrial Classification System (NAICS) Code:

"Grab sample" means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.

"Gravity separation interceptor" means an approved detention chamber designed to remove grease, oil, and solids from a source flow prior to discharge into the POTW.

"Grease and oil" means fatty or oily matter in general, especially fats and oils of animal and vegetable origin, and hydrocarbons of petroleum origin.

"Hazardous substance" means any substance capable of creating imminent endangerment to health of the environment, including, but not limited to, any substance designated under the Clean Water Act, 33 USC, Section 1251, et seq., 40 CFR 302; and any imminently hazardous chemical substance subject to regulation under the Toxic Mixtures or Substances Control Act, 15 USC, Section 2601, et seq. In general, substances which are toxic, explosive, corrosive, flammable, or irritants, or which generate pressure through heat or decomposition, e.g., heavy metals, pesticides, strong acids or bases, distillate fuels, oxidants, etc., are hazardous substances.

"Household equivalent" means both the basic quantitative unit of wastewater volume and strength representing that wastewater generated by a typical single-family residence connected to the sewer collection system during an average day, and the proportional flow within the POTW system attributed to a single-family residence on an average day. For the purpose of determining charges and fees for discharging into the POTW, the household equivalent is mathematically defined by the following formula:

According to this formula, a typical single-family residence produces per average day two hundred forty gallons of wastewater containing one-half-pound of biochemical oxygen demand (BOD), one-half-pound of total suspended solids (TSS), and thirty-five-hundredths of a pound of oil and grease where "oil and grease" is defined by those procedures described in "standard methods."

"Incompatible pollutant" means any pollutant which is not a compatible pollutant as defined in this section, and any pollutant listed by the United States Environmental Protection Agency as a priority pollutant or by the state of California as a toxic pollutant or a hazardous material.

"Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source.

"Industrial user (IU)" means a user that discharges nondomestic wastewater (industrial or commercial) to the POTW.

"Industrial wastewater" means liquid or waterborne waste, excluding domestic wastewater, from industrial or commercial processes. These may include wastes of human origin similar to domestic wastewaters, but produced from a commercial or industrial facility.

"Insanitary" means, for the purposes of this chapter only, any sewer connection, construction, or condition that would permit unapproved foreign matter, rainwater, or groundwater to enter the POTW, or allow sewage or wastewater to escape a sewer connection.

"Instantaneous discharge limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

"Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

a. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and

b. Therefore is a cause of a violation of any requirement of the city's NPDES permits (including any increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act (CWA), the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act.

"Line tap" means the action by the city of installing an opening in a lateral to accommodate a sewer connection.

"Local limits" means the specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

"Lower explosive limit (LEL)" means the minimum concentration of a combustible gas or vapor in the air which will ignite if an ignition source is present.

"May" means permissive.

"Medical waste" means all of the following:

1. Biohazardous waste or sharp waste;

2. Waste which is generated or produced, as a result of the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologics. Medical waste may contain infectious agents. However, medical waste does not include any of the following:

a. Waste containing microbiological cultures used in food processing and biotechnology, and any containers or devices used in the preparation and handling of these cultures, that is not considered to be an infectious agent pursuant to State of California Health and Safety Code;

b. Waste which is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators;

c. Hazardous waste, radioactive waste, or household waste; and

d. Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch.

"Medical waste generator" means any person whose act or process produces medical waste and includes, but is not limited to, a provider of health care as defined in the State of California Civil Code. All of the following are examples of businesses which generate medical waste:

a. Medical and dental offices, clinics, hospitals, surgery centers, laboratories, research laboratories, other health facilities;

b. Veterinary offices, clinics, and hospitals; and

c. Pet shops.

"Monthly average" means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

"Monthly average limit" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

"National pretreatment standard, pretreatment standard or standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits and local limits established pursuant to Section 403.5.

"Natural outlet" means any outlet, including storm drain outlets, that gives access to a watercourse, pond, ditch, lake, or other body of surface or ground water.

"New source" means:

1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants where construction commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act applicable to such source, if such standards are thereafter promulgated in accordance with that section; provided, that:

a. The building, structure, facility, or installation is constructed at a site at which no other source is located, or

b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or

c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility engaged in the same general type of activity as the existing source, should be considered;

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs 1.a and 1.b of this definition but otherwise alters, replaces or adds to existing process or production equipment;

3. Construction of a new source has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of facilities or equipment, or

ii. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities, which is necessary for the placement, assembly, or installation of new source facilities or equipment, or

b. Entered into a binding contractual obligation for the purchase of facilities or equipment intended to be used in his or her operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this paragraph.

"Noncontact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"North American Industrial Classification System" or "NAICS" means the system adopted and revised every five years by the USA, Canada and Mexico, which divides the economy into twenty sectors which are then methodically grouped according to the production criterion. A specific NAICS number describes a particular type of industrial or commercial user of municipal utility services.

"Organic treatment capacity" means the maximum design load of a wastewater treatment plant in pounds of BOD or TSS per day or other equivalent mass units.

"Oil and grease (O&G)" means fatty or oily matter in general, especially fats and oils of animal and vegetable origin, and hydrocarbons of petroleum origin. Methods for determining Oil and Grease are described in "Standard Methods for the Examination of Water and Wastewater."

"Pass through" means a discharge from an industrial source which exits the POTW to the waters of the state in a concentration which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of the city's NPDES permit (including an increase in the magnitude or duration of the violation).

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

"pH" means the measure of hydrogen ion concentration. Mathematically, it is the logarithm (base 10) of the reciprocal of the hydrogen ion activity. The pH range is from zero to fourteen where zero is the most acidic, fourteen is the most basic, and seven is neutral. Methods for determining pH are described in "Standard Methods for the Examination of Water and Wastewater."

"Premises" means an improved lot or parcel of land, or a legally divisible portion thereof, and any building or part thereof and its appurtenances situated thereon.

"POTW" or "publicly owned treatment works" means publicly owned treatment works of the city, including: the entire facilities for collecting, transporting, pumping, treating, and disposing of domestic and industrial wastewaters, located within and outside the city limits and either owned, operated, maintained, or controlled by the city.

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except by diluting the concentration of the pollutants (as prohibited by 40 CFR 403.6(d)) unless dilution is specifically allowed by an applicable pretreatment standard. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment standard (or limit) calculated in accordance with the combined waste stream formula, 40 CFR 403.6(e).

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

"Pretreatment wastes" means all wastes, liquid or solid, removed from a waste stream or discharge by physical, chemical, or biological means.

"Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against the discharge of certain substances.

"Public sewer" means a sewer directly maintained and controlled by the city.

"Sampling and evaluation program" means the determination of mass emission or concentration of constituents or other conditions specified in the industrial user's permit.

"Septic wastes" means wastes from holding tanks, vessels, chemical toilets, campers, trailers, septic tanks or vacuum tank trucks.

"Sewage" means liquid wastes containing animal, vegetable, and chemical matter in suspension or solution, including both domestic wastewater and industrial wastes.

"Sewer" means only those conduits intended to carry sewage and wastewater (commonly called sanitary sewers), and does not mean conduits used to carry stormwater (commonly called storm sewers).

"Sewer connection" or "private sewer lateral" means a privately owned and maintained conduit that conveys wastewater from a single premises to a public sewer.

"Shall" means mandatory.

"Significant industrial user (SIU)" except as provided in paragraphs c. and d. of this section, means:

a. All industrial users subject to categorical pretreatment standards, or

b. Any other industrial user that:

(1) Discharges an average of twenty-five thousand gallons per day or more of process wastewaters (excluding domestic wastewater, noncontact cooling water, and boiler blowdown wastewater), or

(2) Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic (BOD or SS) capacity of a treatment plant, or

(3) Pretreats wastewater prior to discharge to the wastewater collection system, or

(4) Has in his or her wastes toxic pollutants listed under Section 307 of the Clean Water Act, or

(5) Has a reasonable potential, in the opinion of the director of municipal utilities, to have a significant impact on the treatment system, either singly or in combination with other dischargers to the system.

c. The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user (NSCIU) rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding domestic, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

i. The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

ii. The industrial user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and

iii. The industrial user never discharges any untreated concentrated wastewater.

d. Upon a finding that a user meeting the criteria in subsection b. of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

"Significant noncompliance" (SNC). An industrial user is in "significant noncompliance" if its violation meets one or more of the following criteria:

a. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.

b. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

c. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of city personnel or the general public.

d. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the city's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.

e. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.

f. Failure to provide, within forty-five days after the due date, any required reports such as baseline monitoring reports, ninety-day compliance reports, reports on compliance with categorical pretreatment standards or deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.

g. Failure to accurately report noncompliance.

h. Any other violation or group of violations, which may include a violation of best management practices, which the city determines will adversely affect the operation or implementation of the local pretreatment program.

"Single-pass cooling water" means water used solely for the purpose of cooling. This water is used only once and is discarded.

"Slug discharge" means any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions. Slug discharge also means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this chapter.

"Special benefit charge" means a charge applied to developing properties in addition to the normal connection charges to finance master sewer plan projects relative to the construction of POTW where deficiencies are uniquely confined to specific geographic areas.

"Standard methods" means the standards contained in the latest edition of the book entitled "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, et al.

"Stormwater" means any flow which occurs during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

"Subtractive water meter" means a secondary water service meter installed after and off of the primary water meter at the same service location to provide metering of nonsewer discharged water and separate metering at commercial locations having both high- and low-strength wastewater discharges to the same sewer lateral.

"Suspended solids (SS)" or "Total Suspended Solids (TSS)" means the solids in wastewater and sewage which are removable by filtering, as determined by procedures specified in "Standard Methods for the Examination of Water and Wastewater."

"Time proportional composite sampling" means a composite sampling as a collection of individual samples obtained at regular equal intervals of time and having equal volumes. Each individual sample is combined with the others, and the resulting mixture (composite sample) forms a representative sample based on time. This composite sample is analyzed to determine the average conditions during the entire sampling period.

"Trunk sewer" means a public sewer which transports sewage away from a general area, neighborhood, or subdivision.

"Unpolluted water" means cooling water, single-pass cooling water, air conditioning condensate, ice melt, condensate, and rain water.

"User" means any person(s), all entities, public or private, residential, industrial commercial, governmental, or institutional, who discharge or cause to be discharged wastewater and waterborne wastes into the POTW of the city, or who directly or indirectly cause impact or potential impact to the POTW of the city.

"Wastewater" means the spent water from residences, commercial buildings, industrial plants, institutions, and business offices, including liquid and waterborne wastes, but excluding uncontaminated groundwater, surface water, and stormwater.

"Wastewater collection system" means the entire facilities for collecting, transporting, and pumping of domestic and industrial wastewater, located within and outside the city limits and either owned, operated, maintained, or controlled by the city.

"Wastewater constituents and characteristics" means the measurement of individual chemical, physical, biological, and radiological parameters that define the quality and strength of wastewater. Constituents and characteristics shall be measured as described in "standard methods" unless expressly stated otherwise.

"Wastewater treatment plant" or "treatment plant" means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. 2374 § 15 (part), 2006; Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 1, 1-20-2009; Ord. No. 2464, § 1, 7-20-2010; Ord. No. 2502, § 3, 1-7-2014; Ord. No. 2551, § 1, 7-19-2016; Ord. No. 2627, § 1, 10-6-2020)

The following abbreviations shall have the designated meanings:

BMP - Best Management Practice

BMR - Baseline Monitoring Report

BOD - Biochemical oxygen demand

CAA - Clean Air Act

CFR - Code of Federal Regulations

CIU - Categorical Industrial User

COD - Chemical oxygen demand

CVRWQCB - Central Valley Regional Water Quality Control Board

CWA - Clean Water Act

DHS - California Department of Health Services

DO - Dissolved oxygen

EPA - Environmental Protection Agency

gpd - Gallons per day

gpm - Gallons per minute

IU - Industrial User

l - Liter

mg - Milligram

mg/l - Milligram per liter

NPDES - National Pollutant Discharge Elimination System

NSCIU - Non-Significant Categorical Industrial User

POTW - Publicly owned treatment works operated by the city

PSES - Pretreatment Standards for existing sources

PSNS - Pretreatment Standards for New Sources

RCRA - Resource Conservation and Recovery Act

IC - Standard industrial classification

SIU - Significant Industrial User

SNC - Significant Noncompliance

SWDA - Solid Waste Disposal Act

SWRCB - State Water Resources Control Board

SS - Suspended Solids

TOMP - Toxic Organic Management Plan

TSS - Total Suspended Solids

TTO - Total toxic organics

USC - United States Code.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 1, 1-20-2009)

The city is regulated by several agencies of the United States government and the state of California, pursuant to the provisions of federal and state law. These laws grant the city the authority to regulate and/or prohibit, by the adoption of regulations and/or by the issuance of discharge permits, the discharge of any waste, directly or indirectly, to the city's POTW. Said authority includes the right to establish limits, conditions, prohibitions, and best management practices; establish flow rate limitations or prohibit flows discharged to the city's POTW; require the development of compliance schedules for the installation and maintenance of equipment systems and materials by all users; and take all actions necessary to enforce its authority, whether within or outside the city's boundaries.

The establishment of limits, conditions, and prohibitions will be enforceable and contain, at a minimum, the following conditions:

A. Statement of permit duration (in no case more than five years);

B. Statement of nontransferability without, at a minimum, prior notification to the city and provision of a copy of the existing control mechanism to the new owner or operator;

C. Effluent limits based on applicable general pretreatment standards in 40 CFR part 403, categorical pretreatment standards, local limits, and state and local laws;

D. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements, including an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type, based on applicable general pretreatment standards in 40 CFR part 403, categorical pretreatment standards, local limits, and state and local law;

E. Statement of applicable civil and criminal penalties for violation of pretreatment requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 1, 1-20-2009)

A. The city has the authority under this chapter to deny or condition new or increased contributions of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment requirements or standards, where such contributions would cause a violation of the city's NPDES permit.

B. The city has the authority to:

1. Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial user's, occasional and continuing noncompliance with pretreatment requirements, or standards;

2. Inspect and sample effluent from each industrial user at least once a year;

3. Evaluate, periodically, whether each such industrial user needs a plan to control slug discharges.

The results of such activities shall be available to the approval authority upon request.

C. The city has the authority to develop procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.

(Ord. 2043 § 1 (part), 1993)

(Ord. No. 2429, § 1, 1-20-2009)

The entire POTW shall be the property of the city.

(Ord. 2291 § 1 (part), 2002)

The provisions of this chapter shall be applicable to any building, structure, or property situated within the city sewer service area which is owned, leased, controlled, operated, or occupied by the United States, the state, the county, a school district, or by any public or quasi-public agency, corporation, or association.

(Ord. 2291 § 1 (part), 2002)

A. If another jurisdiction, or user located within another jurisdiction, contributes wastewater to the POTW, the city shall enter into a multijurisdictional agreement with the contributing jurisdiction.

B. Prior to entering into a multijurisdictional agreement above, the city may request the following information from the contributing jurisdiction:

1. A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;

2. An inventory of all industrial users located within the contributing jurisdiction that are discharging to the POTW; and

3. Such other information as the city may deem necessary.

C. A multijurisdictional agreement shall contain the following conditions:

1. A requirement for the contributing jurisdiction to adopt a sewer use ordinance which is at least as stringent as this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;

2. A requirement for the contributing jurisdiction to submit a revised industrial user inventory at the request of the city;

3. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing jurisdiction; which of these activities will be conducted by the city; and which of these activities will be conducted jointly by the contributing jurisdiction and the city;

D. A multijurisdictional agreement may also contain the following conditions:

1. A requirement for the contributing jurisdiction to provide the city with access to all information that the contributing jurisdiction obtains as part of its pretreatment activities;

2. Limits on the nature, quality, and volume of the contributing jurisdiction's wastewater at the point where it discharges to the POTW;

3. Requirements for monitoring the contributing jurisdiction's discharge;

4. A provision ensuring the city access to the facilities of industrial users located within the contributing jurisdiction's boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the city; and

5. A provision specifying remedies available for breach of the terms of the multijurisdictional agreement.

(Ord. No. 2429, § 2, 1-20-2008)

All information and data obtained from reports, questionnaires, permit applications, monitoring programs, and inspections shall be available to the public or other governmental agencies without restriction, unless the owner specifically requests that such information be maintained in confidence and demonstrates to the reasonable satisfaction of the city that the release of such information would divulge information in connection with processes or methods of the operations of the permit holder which would be detrimental to the permit holder's competitive position. Wastewater constituents and characteristics will in no event be treated as confidential information. The information accepted as confidential by the city will not be released to the public or to any other government agency except as a product of court order, and then only after notice to the permit holder. Under Section 308 of the Clean Water Act, the EPA has access to all information collected by the city under its pretreatment program.

(Ord. 2291 § 1 (part), 2002)

The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 14.16.100 of this chapter or the prohibitions in Section 14.16.582. of this chapter.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 3, 1-20-2009)

The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15; and may also request a variance from the categorical pretreatment standard from EPA.

Such a request will be approved only if the industrial user can prove that factors relating to his discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment requirement. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403-13.

(Ord. 2291 § 1 (part), 2002)

The provisions of this chapter shall neither require nor prohibit the city council from approving or disapproving applications for public sewer construction, nor from making expenditures for particular public sewer construction deemed necessary or desirable by the city council. Neither do the provisions of this chapter apply to any program for replacement of old or undersized lines within the existing system by the city.

(Ord. 2291 § 1 (part), 2002)

If any discharger or applicant for a permit disputes the interpretation or application of this chapter, he may request a ruling by the city manager, who will set forth his determination on the request. However, national categorical pretreatment standards cannot be disputed and can never be waived.

If the discharger or applicant for a permit is dissatisfied with the determination made by the city manager under this chapter, within fourteen days after receipt of said ruling he may appeal to the city council by giving written notice of the basis of his appeal. However, national categorical pretreatment standards cannot be disputed and can never be waived. The city council shall, within thirty days after receipt of the written notice of appeal, upon proper notice, hold a hearing to make a final determination of the issue or issues submitted. Hearings before the city council shall not be bound by formal rules of evidence; however, in no event shall a decision be based solely on hearsay evidence. Either party may be, but need not be, represented by an attorney. Upon request by either party, written findings of fact and conclusions of law will be prepared, provided the request is made prior to commencement of the hearing.

The following shall apply to any person, including the industrial user, petitioning the city to reconsider the terms of a wastewater discharge permit:

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In his petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, he seeks to place in the wastewater discharge permit.

C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

D. Decisions not to (1) reconsider a wastewater discharge permit; (2) issue a wastewater discharge permit; or (3) modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 3, 1-20-2009)

An industrial user shall have an affirmative defense to an enforcement action brought against him for noncompliance with the general and specific prohibitions in this chapter, if he can prove that he did not know or have reason to know that his discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during, the pass through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature of constituents from the industrial user's prior discharge when the city was regularly in compliance with its NPDES permit, and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. 2291 § 1 (part), 2002)

A. For the purposes of this chapter, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section are met.

C. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:

1. An upset occurred and the industrial user can identify the cause(s) of the upset;

2. The facility or premises was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

3. The industrial user has submitted the following information to the city within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

a. A description of the indirect discharge and cause of noncompliance,

b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and

c. The steps being taken and/or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

D. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

F. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of his or her treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 3, 1-20-2009)

A. 1.

;hg;For the purposes of this chapter, "bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

2. In the context of an occurrence of bypass and subsequent city enforcement action against an industrial user, "severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements of this chapter to be violated, but only if the users also is responsible for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections C and D of this section.

C. 1.

;hg;If an industrial user knows in advance of the need for a bypass, he or she shall submit prior notice to the city, at least ten days before the date of the bypass if possible.

2. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment requirements to the city within twenty-four hours from the time he or she becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain:

a. A description of the bypass and its cause;

b. The duration of the bypass, including exact dates and times; and, if the bypass has not been corrected, the anticipated time it is expected to continue; and

c. The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.

The city may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

D. 1.

;hg;Bypass is prohibited, and the city may take enforcement action against an industrial user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

c. The industrial user submitted notices as required under subsection C of this section.

2. The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three conditions listed in subsection (D)(1) of this section.

(Ord. 2291 § 1 (part), 2002)

Sewer service fees, and other fees related to the POTW, as set forth in this chapter shall be adopted by a resolution of the city council.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2435, § 2, 6-2-2009)

In addition to the connection charges set forth in RMC Section 16.20.090, the following fees shall be paid to the city:

A. Line Tap Charge. A line tap charge shall be assessed an applicant whenever the city makes a connection for the applicant to a public sewer. The city shall tap lines less than ten inches in diameter whenever a "Y" or "T" branch is not available for connection to the premises. Line tap charges are based on the size of the sewer to be tapped and the size of the branch desired by the applicant. The charges for a line tap will be the charge as approved by the council in the current Schedule of Fees and Service Charges.

The applicant shall be required to make a hot tap to the sewer line at the applicant's expense for lines ten inches in diameter and larger. The city shall be notified in advance in order to inspect the tap. A line tap charge shall not be assessed for taps made by the applicant.

(Ord. 2359 § 4 (part), 2006: Ord. 2291 § 1 (part), 2002)

(Ord. No. 2502, § 3, 1-7-2014)

The city treasurer shall collect all the connection charges, sewer service fees, and other fees that may be specified in this chapter or adopted by the city council.

(Ord. 2291 § 1 (part), 2002)

The public works director or his delegate shall have the authority to require any person liable to pay any fee or charge provided for in this chapter or adopted by city council to make a reasonable deposit with the city to ensure the collection of the fees and charges.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2502, § 3, 1-7-2014)

All funds and moneys received by the collection of fees and charges as established in this chapter or adopted by city council shall be deposited in a separate fund or account. The fund shall be used only for acquisition, management, operation, maintenance, construction, replacement, and expansion of the POTW.

(Ord. 2291 § 1 (part), 2002)

Sewer connection charges as set forth in RMC Section 16.20.210 shall be paid to the city in accordance with provisions in RMC Chapter 16.20. Where a new, changed or expanded use of the property causes or has the potential to cause increased impact to the POTW, the applicant shall pay those applicable charges for the increased impact. No sewer connection shall be made until all appropriate charges have been paid. Sewer connection charges include a connection charge and line tap charge.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2502, § 3, 1-7-2014)

When only a portion of a legally divisible lot or parcel is developed, and the remaining portion is to continue undeveloped or be used solely for the growing of agricultural crops, the sewer connection charge and the front footage charge shall be computed only upon the basis of the improved portion of the legally divisible lot or parcel; and in no event shall any premises so determined constitute an area of less than six thousand square feet nor shall it have frontage of less than sixty feet. The city manager shall determine in such case which portion of the legally divisible lot or parcel constitutes the premises, and his or her decision shall not be subject to review in the absence of proof of fraud or discrimination.

(Ord. 2291 § 1 (part), 2002)

All charges relating to sewer connections applicable to any premises provided for in this chapter shall be deemed a debt owing to the city, and any person who makes a sewer connection to a public sewer without having paid applicable charges in full shall be liable in a civil action in the name of the city in any court of competent jurisdiction for the amount of the fees described above, in addition to being subject to criminal prosecution as provided for in this code, and having his or her sewer disconnected from the city's system. The conviction or punishment of any person for a misdemeanor violation in connection with the connection to a public sewer without first obtaining a permit to do so shall not relieve the person from paying the charges due and unpaid applicable to connection.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2502, § 3, 1-7-2014)

A. Each discharger to a public sewer shall pay a monthly sewer service charge that is equitably based on the number of household equivalents discharged, except that each discharger shall be assessed a minimum monthly charge in accordance with the rate schedule in effect, as duly adopted by resolution of the city council.

B. The following classes of users shall be established:

1. Class I. Residential Users.

a. Single-family dwellings shall be assessed at the rate of one household equivalent per dwelling unit.

b. Multiple-family dwellings, including apartments, condominiums, residence hotels, duplexes, additional dwelling units on a single-family parcel and mobile home parks shall be assessed at the rate of seventy-four percent of one household equivalent for each dwelling unit.

2. Class II. Users that discharge a wastewater similar in strength to that of domestic wastewater.

a. Users that discharge essentially all water used as measured by a water meter installed by the city shall be assessed a fee per hundred cubic feet of water used but not less than one household equivalent.

b. Users that discharge only a portion of the volume of water used as measured by a water meter installed by the city shall be evaluated at the discretion of the director or at the request of the user, and an equitable charge shall be assessed. The charge may consist of:

i. A household equivalent value averaged over the entire year, but not less than one household equivalent, or

ii. A yearly constant charge based on the volume of water used during each of certain months of the year, but not less than one household equivalent. Users in this class may include those that (a) use a significant volume of water for irrigation or evaporative cooling; (b) use a significant volume of water in product processing, manufacturing, or storage that is not discharged to a public sewer; (c) have a highly seasonal discharge, including car washes, water based recreational facilities, overnight campers and trailer parks and transient mobile housing units such as hotels and motels; or (d) facilities with multiple users on a single master water meter service. The City contracts only with the owner or designated representative of the property with monthly sewer charges billed to the property owner based on the higher strength classification of the users. The property owner, at their own expense, may install individual water meters which allow individual users to be billed directly for both water and sewer charges.

3. Class III. Users that discharge a wastewater greater than domestic wastewater in strength.

a. Any premises having multiple units served by a single water service meter for said premises, shall be billed for monthly sewer service based upon the most intensive class of wastewater user served by the single water service meter. The City contracts only with the owner or designated representative of the property with monthly sewer charges billed to the property owner based on the higher strength classification of the users. The property owner, at their own expense, may install individual water meters which allow individual users to be billed directly for both water and sewer charges.

b. Industrial users that use a substantial volume of water during manufacturing or processing shall be assessed a fee per household equivalent discharged based on periodic monitoring of water quality and quantity.

c. Food preparation facilities charged on the basis of water consumption shall be assessed at the rate of two times the rate for Class II users that are charged on the basis of water consumption.

d. Food preparation facilities charged on the basis of household equivalents shall be assessed at the rate of two times the rate for Class II users that are charged on the basis of household equivalents.

4. Class IV. Users that have no prior history of water use. These users shall be evaluated on a case-by-case basis by the director, and an equitable monthly charge shall be assessed for a maximum of twelve months. The assessment shall be based on methods used to assess charges for Class II and Class III. Dischargers shall be reassigned to another class as appropriate.

(Ord. 2374 § 15 (part), 2006: Ord. 2359 § 4 (part), 2006: Ord. 2317 § 3, 2003: Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 3, 1-20-2009; Ord. No. 2435, § 2, 6-2-2009; Ord. No. 2502, § 3, 1-7-2014; Ord. No. 2627, § 2, 10-6-2020)

The responsible party paying for a water service connection at any given premises, except where a premises has a shared water service connection serving a mixed use of commercial and residential/multifamily tenants, shall also be the responsible party for monthly sewer service charges of the same premises at the applicable rate for the sewer service provided. In all cases where water is supplied to more than one tenant from one water connection or tap, the city contracts only with the owner of the property or his authorized agents as the responsible party for monthly sewer service charges of the same premises at the applicable rate for the sewer service provided.

While any premises connected to the wastewater collection system shall be vacant, the regular minimum sewer service charge shall be payable for the premises by the owner thereof, whether or not sewer service is used, if water is connected to or available for use on the premises.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 3, 1-20-2009; Ord. No. 2502, § 3, 1-7-2014; Ord. No. 2627, § 3, 10-6-2020)

The primary responsibility for payment of all sewer service and related fees and charges authorized by this chapter for services outside of the city shall be with the property owner. When water service to properties outside the city limits is provided by an outside water district, the property owner of the premise will receive monthly sewer service billing until such time as a tenant establishes a sewer billing account at the city's customer service department. The responsibility for payment of all sewer service and related fees and charges will be reassigned to the property owner whenever a tenant terminates their monthly sewer service account with the city. The minimum sewer service fee shall be due and payable in the amount established pursuant to Section 14.16.240 and other applicable provisions of this chapter regardless of whether or not the premise which is connected to the sewer collection system is vacant.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 3, 1-20-2009)

The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's industrial waste pretreatment program which may include:

A. Fees for IU and SIU wastewater discharge permit applications, including the cost of processing such applications;

B. Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by industrial users;

C. Fees for reviewing and responding to accidental discharge procedures and construction;

D. Fees for filing appeals;

E. Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city.

(Ord. 2291 § 1 (part), 2002)

In the event that any person fails to pay any fees or charges provided for in this chapter or approved by the city council applicable to a particular premises, or fails or refuses to connect to the public sewer as required by the provisions of this chapter, the city may, in addition to other remedies it may have, disconnect and cease to provide any water, electric, or sewer services provided to the premises and may withhold the services until all such fees and charges, together with any and all penalties for delinquent payment of the fees and charges, and together with any charges or fees due and payable as and for the reconnection and restoration of the utility services, have been paid in full. Delinquent payments may be made a lien against the property, placed on the county tax roll, and collected in the same manner as ad valorem taxes.

(Ord. 2291 § 1 (part), 2002)

The owner of any premises within the limits of the city, which has a public sewer located within two hundred feet of the nearest exterior boundary of the premises measured along publicly owned right-of-way or sewer easement, shall not install, replace, upgrade, expand, or repair any septic tank or waste disposal leach field thereon nor use any means of disposing of domestic wastewater or industrial waste other than through a sewer connection to a public sewer. The owner shall be required to connect the premises with available public sewer pursuant to and within the time limits specified in this chapter, and to pay in advance all sewer connection charges.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 3, 1-20-2009)

Not more than one premises shall be served from each service connection.

(Ord. 2291 § 1 (part), 2002)

Premises requiring to be connected to the public sewer as specified in this chapter shall be connected to the public sewer within one year after the public sewer is so located and available; provided, that if it is the determination of the county health officer acting as the health officer for the city that the existing generation or production of domestic wastewater or industrial waste upon the premises constitutes an imminent or actual health hazard, the premises shall be connected to the public sewer within three days of the determination; and, further provided, that where the premises has a lawfully constructed private sewage disposal system which has been constructed within five years immediately prior to the time that a public sewer has become available for connection, the owner of the premises shall connect to the public sewer within five years from the date that a construction permit was issued for the construction of the private sewage disposal system or within one year, whichever is greater.

(Ord. 2291 § 1 (part), 2002)

A permit issued by the city and compliance with the provisions of this chapter shall be required prior to construction of a sewer connection. Sewer connections shall be installed at the expense of the owner of the premises under the supervision and inspection of the city. An applicant for the permit shall submit with his or her application a diagram, not necessarily to scale, showing the complete details of the proposed construction and, where applicable, the dimensions of the line tap, cleanouts, and changes in grade and direction. Sewer connections that are connected prior to obtaining an approved permit are illegal and may be immediately disconnected by the director of municipal utilities, any sewer impacts may be billed to the property owner, and all enforcement actions noted in this code may apply.

(Ord. 2374 § 15 (part), 2006: Ord. 2291 § 1 (part), 2002)

A. It is unlawful for any person or organization to construct, enlarge, alter, repair, relocate, or demolish a city sanitary sewer line, without first filing an application and obtaining an encroachment permit from the department of public works. An application shall be made by the owner of the property involved, or an authorized agent employed in connection with the proposed work.

B. Encroachment permits are required and may be granted by the department of public works for the following improvement categories:

1. Connection to the city sewer system;

2. Improvements which are or will become public facilities owned and maintained by the city;

3. Improvements within dedicated but unimproved street rights-of-way.

C. Connection to sanitary sewer system shall be performed only by contractors who meet the following requirements as a minimum:

1. They shall possess a Class A or Class C-34 contractor's license as duly issued by the California Contractors State License Board;

2. They have posted a bond with the city in the amount determined by the department of public works; and

3. They provide insurance as required by the city's risk manager.

(Ord. 2359 § 3, 2006)

A. Maintenance of sewer connections, whether on public or private property, is the responsibility of the owner of the premises.

B. Sewer laterals and connections deemed to be causing a public nuisance or negatively impacting the POTW, shall be video inspected and all repairs made to comply with city construction standards at the owner's expense.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2627, § 4, 10-6-2020)

A. Any abandoned sewer connection shall be plugged or capped at the expense of the owner of the premises which the connection serves at a point in the connection and in a manner approved by the municipal utilities department of the city.

B. Any abandoned sewer connection shall not be restored to service by the owner of the premises to which it runs unless and until the owner has caused no less than three sections of the abandoned sewer connection to be exposed and has obtained an inspection and approval of the line from the municipal utilities department of the city. The restored use of an abandoned sewer connection shall not be approved by the municipal utilities department if the line or the connections thereto do not meet construction standards existing at the time of application for reuse.

C. If, in the course of normal inspection processes by the municipal utilities department, an existing sewer connection is found to be in an insanitary condition, the city manager may order the sewer connection to be repaired, modified, or replaced. It shall be the obligation of the owner of the premises served by the connection to comply with the order at the owner's expense.

(Ord. 2291 § 1 (part), 2002)

It is not the general policy of the city to extend lateral sewers at city expense. Other than in relation to new subdivisions, the city may, when it is deemed to be in the best interests of the city and its citizens, assist in the engineering, design, and supervision of the construction of sewer laterals in areas where the property owners petition for the formation of sewer assessment districts.

(Ord. 2291 § 1 (part), 2002)

It is the general policy of the city to construct those public sewers which are, in the opinion of the city council, trunk sewers in all areas within the city, and all areas hereafter annexed into the city which are not yet served by trunk sewers, as rapidly as funds are budgeted for such purposes by the city council. In appropriate circumstances as determined by the city, where private developers construct a trunk sewer at city's requirement either larger or deeper than is needed for the private developer's own development, the city may contribute to the cost of such oversizing or increased depth.

(Ord. 2291 § 1 (part), 2002)

A. Any person desiring to make an extension to the wastewater collection system of the city to serve his or her property shall make a request in writing to the city manager for preliminary investigation into the feasibility of the extension. If the extension as requested is found to be feasible by the director, the extension may be made in accordance with the provisions of this section. The city manager shall cause the installation to be inspected and shall allow the final connection to the city system if it is found that the extensions conform in all respects with the standard specifications for sewers within the city and with the sizes and grades designated by the city manager.

B. If a right-of-way is needed for the extension of the sewer, the subdivider or person installing the sewer shall obtain the right-of-way for the city or pay the cost to the city of acquiring the right-of-way. If the city manager determines that a pump station is necessary to serve the property of the subdivider or person installing the sewer, the subdivider or person shall install a pump station meeting the specifications approved by the director and shall pay the full cost of the installation.

C. A reimbursement agreement may be concluded when a developer extends the wastewater collection system beyond the terminus of the existing system and which extension makes sewer service available to other property owners along the frontage of the extension. Funds reimbursed shall be from front footage charges. The maximum duration of a reimbursement agreement shall be ten years.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2627, § 5, 10-6-2020)

All significant industrial users connected to or proposing to connect to the wastewater collection system shall obtain a permit from the city manager as a condition to be connected to and to discharge into the wastewater collection system. Non-significant industrial users connected to or proposing to connect to the wastewater collection system may be required to obtain a permit from the city manager as a condition to be connected to and to discharge into the wastewater collection system, as determined by the city manager. An existing industrial user shall obtain the permit within ninety days after receipt of notice from the city manager that his or her discharge qualifies him or her as either an industrial user or a significant industrial user or provide evidence satisfactory to the city manager that his or her discharge does not bring him or her within these definitions. New industrial users shall obtain the permit required in this section prior to connecting and discharging into the sewer collection system.

(Ord. No. 2429, §§ 3—5, 1-20-2009)

Industrial users seeking a wastewater discharge permit shall complete an application in the form prescribed by the city.

The applicant may be required to submit some or all of the following information:

1. Applicant's name, mailing address, and standard industrial classification number;

2. Location address of property producing wastewater discharge, and name and telephone number of person to contact about discharge;

3. List of environmental control permits held by or for the applicant;

4. Volume of wastewater to be discharged, including source, frequency, and duration, peak and seasonal flows, and points of discharge to the wastewater collection system;

5. Wastewater constituents and characteristics to be determined by an independent laboratory approved by the city, including BOD, total suspended solids, pH, and any other constituents and characteristics as directed by the city manager. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. Sampling shall be performed in accordance with procedures set out in this chapter. Sample(s) shall be representative of daily operations;

6. Names of raw materials and products that would be defined as incompatible pollutants if they were to be discharged into the wastewater collection system. The city manager may request additional information if the applicant identifies that incompatible pollutants may be generated in the manufacturing process;

7. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location, and elevation;

8. A description of activities, facilities, and plant processes on the premises, including the names of raw materials used in production and related processes and of byproducts;

9. Chemical names and quantities of all materials stored or which are or could be discharged;

10. Each product produced by type, amount, and rate of production;

11. Number and types of employees and hours of work;

12. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on 40 CFR 403.12(e)(2).

13. The location for monitoring all wastes covered by the permit; and

14. Any other information as may be deemed by the city manager to be necessary to evaluate the permit application.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 4, 1-20-2009)

Wastewater discharge permits shall include such conditions as are deemed reasonably necessary by the city to prevent pass through or interference, protect the quality of the water body receiving the treatment plant(s) effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater discharge permits are enforceable and contain, at a minimum, the following conditions:

1. Statement of permit duration (in no case more than five years), issuance date, expiration date, and effective date;

2. Statement of non-transferability without, at a minimum, prior notification to the city and provision of a copy of the existing control mechanism to the new owner or operator;

3. Effluent limits, including best management practices, based on applicable general pretreatment standards in 40 CFR part 403, categorical pretreatment standards, local limits, and state and local laws;

4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements, including an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type, based on applicable general pretreatment standards in 40 CFR part 403, categorical pretreatment standards, local limits, and state and local law;

5. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge;

6. Statement of applicable civil and criminal penalties for violation of pretreatment requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal, state, or local law;

7. Requirements to control slug discharge, if determined by the city to be necessary;

8. Any grant of the monitoring waiver by the city must be included as a condition in the user's permit.

B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

7. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

8. Other conditions as deemed appropriate by the city to ensure compliance with this chapter, and state and federal laws, rules, and regulations.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 4, 1-20-2009)

A. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering said information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

B. The certification shall be signed by an authorized representative of the industrial user.

C. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the city prior to or together with any reports to be signed by an authorized representative.

D. Annual certification for non-significant categorical industrial users—A facility determined to be a non-significant categorical industrial user by the city pursuant to 40 CFR 403.3(v)(2) must annually submit the following certification statement signed in accordance with the signatory requirements of an "authorized representative" as defined in this code. This certification must accompany an alternative report required by the city:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _______, I certify that, to the best of my knowledge and belief that during the period from _______, _______ to _______, _______ [months, days, year]:

(a) The facility described as _______ [facility name] met the definition of a non-significant categorical industrial user as described in Redding Municipal Code Section 14.16 and 40 CFR 403.3(v)(2).

(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information.

_____

_____

E. Certification of Pollutants Not Present. Users that have an approved monitoring waiver must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user. [40 CFR 403.12(e)(2)(v)]

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _______ [specify applicable National pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 4, 1-20-2009)

Permits shall be issued for a specified time period, not to exceed five years. Permits issued for a period of time less than five years may be extended at the discretion of the city, however, the total duration of the original permit and any extensions shall not exceed five years.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 4, 1-20-2009; Ord. No. 2498, § 1, 6-4-2013)

Wastewater discharge permits are not transferable, either by operation of law or otherwise. Wastewater discharge permits shall not be assigned, transferred, or sold. Changes of ownership, size, or number of premises or operation shall require the owner to apply for a new wastewater discharge permit.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 4, 1-20-2009)

Any industrial user who violates any term or condition of his or her permit or of this chapter, or any applicable federal or state regulation, is subject to having his or her permit revoked. If a wastewater discharge permit is revoked, the owner thereof shall not discharge into the wastewater collection system until a new permit is obtained.

Wastewater discharge permits shall be voided upon cessation of operations or transfer of business ownership. All permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.

Examples of reasons/causes for permit revocation:

1. Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the city of a changed condition pursuant to Section 14.16.410;

3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the city timely access to the premises or records;

7. Failure to meet effluent limitations;

8. Failure to pay sewer charges;

9. Failure to pay fines;

10. Failure to meet compliance schedules; or

11. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 4, 1-20-2009)

The city reserves the right to deny a wastewater discharge permit to an industrial user proposing to discharge into or connect to the wastewater collection system if the permit application or other evidence reveals that the proposed discharge may upset or damage the wastewater collection system, or will cause a violation of federal or state discharge standards, or will cause a public nuisance, and the applicant is unable or unwilling to bring the discharge into acceptable norms. Additionally, an industrial user must notify the city prior to a significant change in his or her discharge and receive approval of this change before the change occurs, as in cases of the industrial user applying for renewal of his or her permit.

The city has the authority under this chapter to deny or condition new or increased contributions of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment requirements or where such contributions would cause a violation of the city's NPDES permit.

(Ord. 2291 § 1 (part), 2002)

The city manager may modify a wastewater discharge permit for good cause, including, but not limited to, the following:

A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

B. To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

E. Violation of any terms or conditions of the wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application, or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the wastewater discharge permit.

I. To address more stringent standards of pollution control or other more restrictive requirements that are imposed on the city by federal or state law.

The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. The owner shall be informed of any proposed changes in his or her permit at least sixty days prior to the effective date of such change, and any change or new compliance condition imposed upon the owner shall include provision for a reasonable time schedule for the owner's compliance.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 6, 1-20-2009; Ord. No. 2498, § 1, 6-4-2013)

An industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with Sections 14.16.400 and 14.16.401 a minimum of ninety days prior to the expiration of the industrial user's existing wastewater discharge permit.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 6, 1-20-2009)

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, the date of receipt of the report shall govern.

(Ord. No. 2429, § 7, 1-20-2009)

A. Within one hundred eighty days after the effective date of a categorical pretreatment standard, or one hundred eighty days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall be required to submit to the city a baseline monitoring report which contains the information listed in 40 CFR 403.12(b)(1)—(7). Where reports containing this information already have been submitted in the industrial user will not be required to submit this information again.

B. At least ninety days prior to commencement of discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall be required to submit to the city a baseline monitoring report which contains the information listed in 40 CFR 403.12(b)(1)—(5). New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable categorical pretreatment requirements. New sources shall give estimates of the information requested in paragraphs (4) and (5) of this subsection.

1. Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners;

2. Permits. The user shall submit a list of any environmental control permits held by or for the facility;

3. Description of operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

4. Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(i) Regulated process streams; and

(ii) Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). (See paragraph (B)(5)(iv) of this section.)

The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

5. Measurement of pollutants.

(i) The user shall identify the pretreatment standards applicable to each regulated process;

(ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the User shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard;

(iii) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph;

(iv) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;

(v) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties, approved by the administrator;

(vi) The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

(vii) The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW;

6. Certification. A statement, reviewed by an authorized representative of the industrial user (as defined in Section 14.16.020) and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and

7. Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(i) Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by paragraph (B) of this section, the information required by paragraphs (B)(6) and (7) of this section shall pertain to the modified limits.

(ii) If the categorical pretreatment standard is modified by a removal allowance, the combined wastestream formula, and/or a fundamentally different factors variance after the user submits the report required by paragraph (B) of this section, any necessary amendments to the information requested by paragraphs (B)(6) and (7) of this section shall be submitted by the user to the control authority within sixty days after the modified limit is approved.

(Ord. No. 2429, § 7, 1-20-2009; Ord. No. 2551, § 1, 7-19-2016)

The city may require (a) the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable categorical pretreatment standards; and (b) the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with categorical pretreatment standards, including but not limited to the reports required in 40 CFR.

A. The following conditions shall apply to the compliance schedule required by 40 CFR 403.12(b)(7). The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, etc.)

B. No increment referred to in subsection A above shall exceed nine months.

C. Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the city, including at a minimum whether or not he or she complied with the increment of progress to be met on such date and, if not, the date on which he or she expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the city.

(Ord. No. 2429, § 7, 1-20-2009)

Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to categorical pretreatment standards shall submit to the city a report containing the information in 40 CFR 403.12(b)(4)—(6). For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period.

(Ord. No. 2429, § 7, 1-20-2009)

A. All significant industrial users, except as specified in Section 14.16.435.D or E (below), shall submit at a frequency determined by the city but no less than twice per year (during the months of June and December or other dates specified) reports indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period.

B. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the city or the pretreatment standard necessary to determine the compliance status of the user.

C. The city may authorize a categorical industrial user to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user per. 40 CFR 403.12(e)(2). This authorization is subject to the following conditions:

1. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

2. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

3. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

4. The request for a monitoring waiver must be signed and include the certification statement in accordance with RMC 14.16.403.

5. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

6. Any grant of the monitoring waiver by the city must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the city for three years after expiration of the waiver.

7. Upon approval of the monitoring waiver and revision of the user's permit by the city, the industrial user must certify on each report with the statement in RMC 14.16.403, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

8. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements imposed by the city, and notify the city.

9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

D. The city may reduce the requirement for periodic compliance reports for categorical industrial users [40 CFR 403.12(e)(1))] to no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA/state.

Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the city, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

The city may reduce the periodic compliance reports where the categorical industrial user's total categorical wastewater flow does not exceed any of the following:

1. Five thousand gallons per day, or 0.01 percent of the POTW's design dry-weather hydraulic capacity, whichever is smaller, as measured by a continuous effluent flow monitoring device (unless the industrial user discharges in batches); or

2. 0.01 percent of the POTW's design dry-weather organic treatment capacity; or

3. 0.01 percent of the POTW's maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed. [Note: For example, if the POTW's maximum allowable headworks loading for copper is five pounds, then 0.01 percent would be 0.0005 pounds; the POTW would need to do this calculation for each pollutant for which it has approved local limits.]

E. Sampling and analysis may be performed by the city in lieu of the significant industrial user. Where the city itself collects all the information required for the report, the significant industrial user will not be required to submit the report.

F. All periodic compliance reports must be signed and certified in accordance with this chapter, Section 14.16.403.

G. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

H. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, the results of this monitoring shall be included in the report.

I. Users that send electronic (digital) documents to the city to satisfy the requirements of this section must include the certification statement in this ordinance, Section 14.16.403.

J. Where the city has imposed mass limitations on categorical industrial users as provided for by 40 CFR 403.6(c), the report required shall indicate the mass of pollutants regulated by categorical pretreatment standards in the discharge from the industrial user.

K. For categorical industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), the report required, shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required, shall include the industrial user's actual average production rate for the reporting period.

(Ord. No. 2429, § 7, 1-20-2009)

All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the POTW as the city manager may require.

(Ord. 2291 § 1 (part), 2002)

Users subject to the reporting requirements established in this section shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. If an industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using test procedures prescribed in 40 CFR, Part 136, or amendments thereto, or otherwise approved by EPA or as specified in a permit, the results of such monitoring shall also be submitted to the city within seven days of receipt of the laboratory report. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. The records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or city, or where the user has been specifically notified of a longer retention period by city.

(Ord. No. 2429, § 7, 1-20-2009; Ord. No. 2464, § 1, 7-20-2010; Ord. No. 2551, § 1, 7-19-2016)

If sampling performed by an industrial user indicates a violation, the industrial user must notify the city manager within twenty-four hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city manager within thirty days after becoming aware of the violation. The industrial user is not required to resample if the city performs monitoring at the industrial user's facility at least once a month, or if the city performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user. If the city performed the sampling and analysis in lieu of the industrial user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis [40 CFR 403.12(g)(2)].

(Ord. 2043 § 1 (part), 1993)

(Ord. No. 2429, § 8, 1-20-2009)

The city manager may use grab sample(s) to determine noncompliance with pretreatment requirements.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 8, 1-20-2009)

The city shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the industrial users which, during the previous twelve months, were in significant noncompliance with applicable pretreatment requirements or national pretreatment standards.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 8, 1-20-2009)

Except as hereinafter provided, all persons discharging industrial wastewater to the city's sewer collection system shall be governed by the city's enforcement response plan procedures. Said plan may be adopted by resolution of the city council, and amended from time-to-time as necessary.

(Ord. 2291 § 1 (part), 2002)

Users must comply with the categorical pretreatment standards found at 40 CFR 405 through 40 CFR 471.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

B. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the city may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city shall impose an alternate limit in accordance with 40 CFR 403.6(e).

D. Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section, in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

E. Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

F. Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the city within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the city of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

(Ord. No. 2429, § 9, 1-20-2009)

No permitted industrial user shall discharge industrial wastewater flow to a public sewer of the city unless the discharge conforms to the following locally derived constituent limitations and meets the conditions of the industrial user's wastewater discharge permit. Wastewater discharge permits shall contain limits for the pollutants that are reasonably expected to be present in an industrial user's effluent. Limits shall apply at the end of the industrial process waste stream. All concentrations for metallic substances listed below are for total recoverable metals unless otherwise indicated.

Constituent, daily maximum limit in milligrams per liter (mg/L) unless otherwise noted.

*The limits for biochemical oxygen demand (BOD), total suspended solids (TSS), and ammonia serve as guidance. The city, however, reserves the right and discretion to apply mass-based limits (pounds per day limits) for these constituents to wastewater discharge permits as needed.

(Ord. No. 2511, § 1, 10-21-2014; Ord. No. 2627, § 6, 10-6-2020; Ord. No. 2650, § 1, 7-19-2022)

When requested by the city manager, an industrial user must submit information on the nature and characteristics of his or her wastewater by completing a wastewater survey prior to commencing his or her discharge. The city manager is authorized to prepare a form for this purpose; and may also periodically require an industrial user to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user, and shall be considered a violation of this chapter.

(Ord. 2291 § 1 (part), 2002)

Industrial users shall provide necessary wastewater treatment as required to comply with this chapter, and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 14.16.582 within the time limitations specified by the EPA, the state, or the city, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user's expense. Certified and detailed engineering plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the POTW under the provisions of this chapter.

(Ord. 2291 § 1 (part), 2002)

A. Whenever deemed necessary, the city manager may require an industrial user to restrict his or her discharge during peak flow periods; designate that certain wastewater be discharged only into specific sewers; relocate and/or consolidate points of discharge; separate sewage waste streams from industrial waste streams; and such other conditions as may be necessary to protect the POTW and to determine the industrial user's compliance with the requirements of this chapter.

B. Grease, oil, and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil, or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the public works director, and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner at his or her expense.

C. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

D. At no time shall readings of an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, be more than ten percent of the lower explosive limit (LEL) of the meter.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

The city may require an industrial user to construct, at his or her own expense, monitoring facilities to allow inspection, sampling, and flow measurements of the premises, sewer, or internal drainage systems; and may also require sampling, metering equipment, or flow measurement devices to be provided, installed, and operated at the owner's expense. Such monitoring facilities shall be situated on the owner's premises.

Monitoring facilities shall include accommodations to allow access by city personnel, such as a cover secured with a city-owned lock. There shall be adequate room in or near the monitoring facilities to permit accurate sampling, flow measuring, and composting of samples for analysis. The monitoring facilities and procedures and the equipment therefor shall be provided and maintained at all times in a safe and proper operating condition, and at the expense of the industrial user or applicant.

Monitoring facilities shall be constructed in accordance with uniform standards and specifications provided by the city. For existing industrial users, construction thereof shall be completed within one hundred twenty days following written notification of the above requirements by the city. For new industrial users, construction thereof shall be completed prior to sewer discharge.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

All industrial users who discharge twenty-five thousand gallons per day or more of industrial wastewater shall install a continuous monitoring flow meter capable of measuring the industrial user's discharge to the POTW. The flow measurement device shall conform to standards issued by the city manager and be maintained as per the industrial user's permit.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this chapter.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance, equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in administrative, judicial, or any supplemental enforcement actions established within this chapter.

(Ord. 2291 § 1 (part), 2002)

Every person who discharges industrial wastewater shall keep the domestic wastewaters separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device, or the industrial wastewater control manhole or sampling station.

(Ord. 2291 § 1 (part), 2002)

A. All gravity separation interceptor chambers shall be immediately accessible at all times for the purposes of inspection and cleaning. At no time shall any material, debris, obstacles, or obstructions be placed in such a manner so as to prevent immediate access to the gravity separation interceptor.

B. Any gravity separation interceptor legally and properly installed before the effective date of this chapter shall be acceptable as an alternative to the gravity separation interceptor specified herein, provided such gravity separation interceptor is effective in removing floatable and settleable material and is so designed and installed that it can be inspected and properly maintained.

C. If the city manager finds, either by engineering knowledge or by observation, that a gravity separation interceptor is incapable of retaining adequately the floatable and settleable material in the wastewater flow, is structurally incomplete, or is undersized for the facility, he or she shall condemn such gravity separation interceptor and declare that it does not meet the requirements of this chapter, and shall require the industrial user to install, at his or her expense, an acceptable replacement gravity separation interceptor.

(Ord. 2291 § 1 (part), 2002)

The city manager shall maintain a file available for public use of suitable designs and policies of gravity separation interceptors. These shall be for informational purposes only. Installation of a gravity separation interceptor of a design shown in this file, or of any design meeting the size requirements set forth in this chapter, shall not impute any liability to the city for the adequacy of the gravity separation interceptor under actual conditions of use. It shall not relieve the owner or proprietor of responsibility for keeping floatable and settleable material out of the sewer.

(Ord. 2291 § 1 (part), 2002)

If a gravity separation interceptor is required, the city manager will only approve plumbing plans which include an interceptor which meets the requirements of this chapter.

(Ord. 2291 § 1 (part), 2002)

A. Any person who owns, operates, or maintains a gravity separation interceptor shall maintain it properly. It shall be cleaned as often as is necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the gravity separation interceptor. The use of emulsifiers, bacterial additives, or other chemical agents to dissolve grease is specifically prohibited. When a gravity separation interceptor is cleaned, the sidewalls shall be scraped and hosed down, while all the solids and liquids contained are removed. All wastes removed from any gravity separation interceptor shall be legally disposed of other than to the sewer. The city of Redding specifically prohibits the following gravity separation interceptor practices: (1) pumping to remove only accumulated sediments or floating materials; (2) pumping operations which specifically separate floating or sediment interceptor solid wastes from wastewater and then return or decant the separated wastewater back into the gravity separation interceptor; and (3) transporting any hauled pollutants from another location for discharge into a gravity separation interceptor. A gravity separation interceptor is not considered to be properly maintained if for any reason it is not in good working condition with all internal required plumbing of proper design and length in place, or if the operational fluid capacity has been reduced by more than twenty-five percent by the accumulation of floating and settled solids, oils, and greases. The owner of any premises required to install a gravity separation interceptor; the lessee and sublessee, if there be such; and any proprietor, operator, or superintendent of such facility are individually and severally liable for any failure of proper maintenance of such gravity separation interceptor.

B. If the gravity separation interceptor is not maintained adequately under the conditions of use, the gravity separation interceptor shall be resized and the industrial user shall install one which is effective in accomplishing the intended purpose.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

A. Food preparation facilities shall include, but not be limited to, retail establishments selling prepared foods and drinks for consumption on the premises, and also lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Food preparation facilities, lunch counters, and drinking places operated as a subordinate service facility by other establishments shall also be included.

B. Any person who operates, owns, or maintains a food preparation facility shall cause all food preparation wastes from floor drains, floor sinks, sinks, waste containers, wash racks, dishwashers, and garbage grinders to be directed through a minimum of five-hundred-gallon gravity separation interceptor, unless otherwise approved by the industrial waste division, and shall keep all domestic wastewaters from restrooms, showers and drinking fountains separate from the restaurant wastewater until the restaurant wastewaters have passed through all necessary pretreatment equipment devices, or monitoring stations. Condensate (i.e., air conditioning) and ice melt shall be connected to the gravity separation interceptor at the discretion of the public works director. Sizing of gravity separation interceptors shall be determined as described in the Uniform Plumbing Code, as adopted by the city, or as otherwise approved by the industrial waste division.

(Ord. 2359 § 4 (part), 2006: Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

No person who owns, operates, or maintains a restaurant shall at any time discharge any wastewater to the street, storm drain, storm channel, parking lots, service dock areas, or ground, except for unpolluted cooling water that has been approved by the municipal utilities department and the building division. Wastewater generated by restaurants must be disposed of to a gravity separation interceptor connected to a sewer.

(Ord. 2374 § 15 (part), 2006: Ord. 2291 § 1 (part), 2002)

A. The officers, employees, and inspectors of the city shall have the authority to enter any premises for the purpose of investigating the existence of suspected or reported violations of this chapter which constitute an imminent and substantial danger to human life or an imminent and substantial hazard to public safety or health.

B. Except in emergency situations, the officers, employees, and inspectors of the city shall not enter any premises without the consent of the owner or occupant thereof, unless such officer or inspector possesses a search warrant authorizing entry and search of the premises.

C. No person shall hinder or prevent an officer, employee, or inspector of the city, while in the performance of the duties prescribed in this section, from entering upon and into any and all areas where chemicals and raw materials are stored and records are kept on the premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting them to determine whether or not the industrial user is in compliance with the provisions of this chapter and all other applicable laws or ordinances pertaining to the protection of persons or property.

D. Whenever any sewer connection work is being done contrary to the provisions of this code, the city manager may order the work stopped by notice in writing served on any person engaged in the doing or causing of the work to be done, and any such person shall forthwith stop the work until authorized by the city manager to proceed with the work.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

If the city manager or his duly authorized staff representatives have been refused access to a building, structure, or property, or any part thereof, and if the city manager has demonstrated probable cause to believe that there may be a violation of this chapter and that there is a need to inspect the same as part of a routine inspection of the city's pretreatment program to verify compliance with this chapter, or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then upon application by the city a court of competent jurisdiction may issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours, as prescribed by the court. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.

(Ord. 2291 § 1 (part), 2002)

The city shall have the right to inspect the facilities of any industrial user to ascertain whether or not the provisions of this chapter are being or have been complied with. The permit holder shall allow the city or its agents access at all reasonable times to all portions of the owner's premises for the purposes of inspection, sampling, records examination and copying, and the performance of additional duties.

A. Where an industrial user has security measures in force which require proper identification and clearance before entry into his premises, the industrial user shall make necessary arrangements with his security guards so that, upon presentation of suitable identification, personnel from the city, state, and EPA will be permitted to enter without delay for the purposes of performing their specific responsibilities.

B. The city, state, and EPA shall have the right to set up on the industrial user's property, or require the installation of, such devices as are necessary to conduct sampling and/or metering of the industrial user's operations.

C. The city may require the industrial user to install monitoring equipment as necessary. The industrial user's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at his own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.

D. Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city manager and shall not be replaced. The costs of clearing such obstruction shall be borne by the industrial user.

E. Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this chapter.

F. The city inspects and/or samples IUs at least once per year.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009; Ord. No. 2498, § 1, 6-4-2013)

A. Except as indicated below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the city manager may authorize the use of time proportional sampling or grab sampling where the industrial user demonstrates that such sampling will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab sampling techniques.

C. The city may choose to collect the wastewater samples required of the industrial user in subsections A and B of this section.

D. For sampling required in support of baseline monitoring and ninety-day compliance reports required in 40 CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city may authorize a lower minimum. For the reports required by 40 CFR 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

All wastewater analyses shall be performed in accordance with procedures established by the EPA administrator pursuant to Section 304(h) of the Clean Water Act and contained in 40 CFR 136 and amendments thereto, or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the EPA administrator. Where 40 CFR 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the city or other parties, approved by the EPA administrator.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2464, § 1, 7-20-2010)

A. An industrial user shall immediately notify the city whenever he has accidentally discharged any material which could cause problems to the POTW, including any slug loading or prohibited wastes in violation of federal or state law or of this chapter, in order that the city may immediately take countermeasures to minimize damage to the POTW and minimize pollution of the Sacramento River. Within fifteen days of the accidental discharge, the permit holder shall give a detailed written statement describing the cause of the accidental discharge and the measures being taken to prevent any subsequent occurrence. Compliance with this section shall not relieve the permit holder from any liability for damage to the POTW or the river.

B. Notices to Employees. The permit holder shall permanently post on all bulletin boards used by employees in the permit holder's plant information as to whom to call in case of accidental discharge of pollutant material in violation of this chapter.

C. Industrial users shall notify the city, the EPA Regional Waste Management Division Director, and the state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste set forth in 40 CFR 261; the EPA hazardous waste number; and the type of discharge (continuous, batch, or other).

If the industrial user discharges more than one hundred kilograms or two hundred twenty pounds of such waste per calendar month to the POTW, the notification shall also contain the following information, to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and an estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve months.

1. a. Industrial users shall provide the notification no later than one hundred eighty days after the discharge of the listed or characteristic hazardous waste.

b. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted in accordance with 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d), and (e).

2. Discharges are exempt from the requirements of subsection C of this section during a calendar month in which they discharge no more than fifteen kilograms or thirty-three pounds of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharges of more than fifteen kilograms or thirty-three pounds of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), require a one-time notification. Additional notification is not required in subsequent months during which the industrial user discharges more than such quantities of any hazardous waste.

3. In the case of any new regulations under Section 3001 of the RCRA identifying additional characteristics of hazardous waste, or listing any additional substance as a hazardous waste, the industrial user must notify the city, the EPA Regional Waste Management Division Director, and the state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.

4. In the case of any notification made under this section, the industrial user shall certify that he or she has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree he or she has determined to be economically practical.

D. Significant industrial users are required to notify the city immediately of any changes at its facility affecting the potential for a slug discharge.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable federal or state law.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

An industrial user shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in his or her discharge, for the city's approval prior to the industrial user's initiation of the change. For the purposes of this section, "change" shall include any of the following items in which a positive or negative change of twenty-five percent occurs: the industrial wastes discharged; additional processes; additional or different equipment; or an increase in production capacity.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment requirement. The city manager may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment requirements, national pretreatment standards or in other cases when the imposition of mass limitations is appropriate.

(Ord. 2291 § 1 (part), 2002)

A. General Prohibitions. A user may not introduce into a POTW any pollutant(s) which cause pass through or interference. These general prohibitions and specific prohibitions in subsection B of this section apply to each user introducing pollutants into a POTW whether or not the user is subject to other national pretreatment standards or any national, state, and/or local pretreatment requirements.

B. Specific Prohibitions. In addition, the following pollutants shall not be processed or stored in such a manner that they could be discharged to the POTW or introduced into a POTW:

1. Any wastewater containing 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 either the POTW, or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals;

2. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at a wastewater treatment plant exceeds one hundred four degrees Fahrenheit or forty degrees Celsius, or any substances having a temperature greater than one hundred fifty degrees Fahrenheit or sixty-six degrees Celsius;

3. Any pollutant or other product which, by reason of its nature or quantity, may cause a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius using the test methods specified in 40 CFR 261.21 or that may in any way be injurious to human life or the POTW;

4. Pollutants which will cause corrosive structural damage to the POTW, but in no case wastewater with a pH equal to or less than 6.4 or wastewater with a pH equal to or greater than 12.0, or as authorized by the city manager in the user's wastewater discharge permit;

5. Any solid or viscous pollutants in amounts which, either individually, cumulatively or in combination with other wastes, will cause obstruction to the flow in the POTW, resulting in interference;

6. Cooling water or other wastes sufficiently clean to be disposed of as stormwater in cases where storm drains or natural outlets for such waters exist;

7. Any pollutant, including, but not limited to, petroleum oil, nonbiodegradable cutting oil, or products of mineral oil in a sufficient quantity to pass through or interfere with the POTW;

8. Any pollutant in a sufficient quantity to pass through the POTW and harm persons, livestock, or growing plants utilizing the treated wastewaters;

9. Uncontaminated stormwater, uncontaminated groundwater, or uncontaminated surface water;

10. Any pollutant which results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause an acute worker health and safety problem;

11. Any transported or hauled pollutants, except at discharge points designated by the city;

12. Except where expressly authorized to do so by an applicable pretreatment requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment requirement;

13. Any wastewater that imparts color which cannot be removed by the treatment process (such as, but not limited to, dye wastes and vegetable tanning solutions) and consequently imparts color to the treatment plant's effluent, thereby violating the city's NPDES permit. Color in combination with turbidity shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonably established norm for aquatic life;

14. Any wastewater containing any radioactive wastes or isotopes, except as specifically approved by the city manager in compliance with applicable state or federal regulations;

15. Any medical waste in a manner or quantity which is inconsistent with the objectives of pretreatment requirements, this chapter, or any statute, regulation, rule, ordinance, or guidelines established by any public agency having jurisdiction over said discharges;

16. Any wastewater causing the treatment plant's effluent to fail a toxicity test;

17. Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW;

18. Any discharge of fats, oils, or greases of animal or vegetable origin in excess of three hundred mg/l, and any discharge of oils and greases of mineral or petroleum origin in excess of one hundred mg/l;

19. 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.

(Ord. 2359 § 4 (part), 2006; Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009; Ord. No. 2498, § 1, 6-4-2013; Ord. No. 2511, § 2, 10-21-2014; Ord. No. 2551 § 1, 7-19-2016)

The city may develop best management practices (BMPs) to implement local limits and the prohibited discharge requirements of Section 14.16.582 or to protect the POTW.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009; Ord. No. 2511, § 2, 10-21-2014)

Each industrial user shall provide such protection from accidental discharge of pollutants or other prohibited materials as shall be reasonably required by the city. Such protective devices shall be provided and maintained at the expense of the industrial user. Detailed plans of such devices and facilities shall be submitted to the city in writing for review and acceptance prior to the construction or installation of such devices or equipment. No person shall operate a spill containment system that allows incompatible liquids to mix, thereby creating hazardous or toxic substances in the event of failure of one or more containers. Spill containment systems shall consist of a system of dikes, walls, barriers, berms, or other devices designed to contain spillage of the liquid contents of containers. Spill containment systems shall be constructed of impermeable and nonreactive materials to the liquids being contained; and shall conform to all local regulations and policies such as percent containment, container type, and size.

(Ord. 2291 § 1 (part), 2002)

All industrial users subject to pretreatment requirements or national pretreatment standards shall notify the city immediately of all discharges that could cause problems to the POTW, including any slug loading or prohibited discharge.

The city may require any industrial user to develop and implement an accidental discharge/slug control plan. The city will evaluate accidental discharge/slug control plan needs for all industrial users classified as significant industrial users and may develop such a plan for any industrial user. An accidental discharge/slug control plan shall address, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the city of any accidental or slug discharge. Such notification must also be given, for any discharge which would violate any of the prohibited discharges in this chapter; and

D. Procedures to prevent impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building or containment structures or equipment, procedures for containing toxic organic pollutants (including solvents), and/or procedures and equipment for emergency response.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

The city may require (a) the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment requirements; and (b) the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment requirements, including, but not limited to, the reports required in 40 CFR 403.12.

If additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment requirements or national pretreatment standards, the industrial user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment requirements.

The compliance schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment requirements or standards. Such events shall include, but not be limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operations. No progress increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the city manager no later than fourteen days following each date in the schedule and the final date of compliance, including, at a minimum, whether or not he or she complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between each progress report to the city manager.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

Whenever the city manager finds that any user has violated or is violating this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment requirement, the city manager may serve upon said user a written notice of violation. Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted by the user to the municipal utilities director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. 2374 § 15 (part), 2006: Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

The city manager is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific actions to be taken by the user to correct the noncompliance within a time period specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Sections 14.16.630 and 14.16.640, and shall be judicially enforceable.

(Ord. 2291 § 1 (part), 2002)

The city manager may order any user which causes or contributes to violation(s) of this chapter, or wastewater discharge permits, or orders issued hereunder, or any other pretreatment requirement, to appear before the city manager and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user, specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail, return receipt requested, at least seven days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

When the city manager finds that a user has violated or continues to violate this chapter, or wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, he may, following a mandatory show cause hearing, issue an order to the user responsible for the discharge directing that the user come into compliance within the time period established in a show cause hearing. Failure to achieve compliance shall result in sewer service being discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for pretreatment requirements, or national pretreatment standards nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.

(Ord. 2291 § 1 (part), 2002)

When the city manager finds that a user has violated or is violating this chapter; or the user's wastewater discharge permit; or any order issued hereunder; or any other pretreatment requirement; or that the user's past violations are likely to recur, he may issue an order to the user directing him to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

The issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.

(Ord. 2291 § 1 (part), 2002)

A. Notwithstanding the provisions of any other section of this chapter, any user that is found to have violated any provision of this chapter; the user's wastewater discharge permit; any order issued hereunder; or any other pretreatment requirement, may be fined in an amount not to exceed five hundred dollars per violation per day. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Assessments may be added to the user's next scheduled sewer service charge, and the city manager shall have such other collection remedies as may be available for other service charges and fees.

C. Unpaid charges, fines, and penalties shall, after fifteen calendar days, be assessed an additional penalty of 1.5 percent of the unpaid balance, and interest shall accrue thereafter at a rate of 1.5 percent per month. A lien against the individual user's property will be sought for unpaid charges, fines, and penalties.

D. Users desiring to dispute such fines must file a written request to the city manager to reconsider the fine, along with full payment of the fine, within fifteen calendar days of being notified of the fine. Where a request has merit, the city manager shall convene a hearing on the matter within thirty calendar days of receiving the request from the user. In the event the user's appeal is successful, the fine paid by the user to the city shall be returned to the user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

E. Issuance of an administrative fine shall not be a prerequisite for taking any other action against the user.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

The city manager may immediately suspend a user's discharge or his or her wastewater discharge permit after informal notice to the user or person in charge whenever such suspension is necessary in order to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to environment, the health or welfare of persons, or is a threat to the operation of the POTW. Said informal notice shall be confirmed by the city to the user in writing within three days following the informal notice of suspension.

A. Any user notified of a suspension of his or her discharge or his or her wastewater discharge permit shall immediately stop or eliminate his or her discharge. In the event of a user's failure to immediately comply voluntarily with the order to suspend, the city manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals or the environment. The city manager shall allow the user to recommence his or her discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination of discharge proceedings set forth in Section 14.16.690 are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the municipal utilities director, prior to the date of any show cause or termination hearing under Sections 14.16.620 and 14.16.690.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. 2374 § 15 (part), 2006: Ord. 2291 § 1 (part), 2002)

Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the city manager or the city council, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of not more than five hundred dollars or by imprisonment in a county jail for not more than six months, or both.

(Ord. 2291 § 1 (part), 2002)

The reports and other documents required to be submitted or maintained under this chapter shall be subject to the following:

A. The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;

B. The provisions of Section 309(c)(4) of the Clean Water Act, as amended, governing false statements, representation, or certification; and

C. The provisions of Section 309(c)(6) regarding responsible corporate officers.

(Ord. 2291 § 1 (part), 2002)

In addition to any other provisions contained in this chapter, any user that violates any one of the following conditions is subject to discharge termination:

A. Violation of any wastewater discharge permit condition;

B. Failure to accurately report the wastewater constituents and characteristics of his discharge;

C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;

E. Violation of national pretreatment standards, pretreatment requirements, local specific pollutant limits, and prohibited discharge standards;

F. Any violation of an order issued hereunder.

Such user will be notified of the proposed termination of his discharge, and be offered an opportunity to show cause under Section 14.16.620 why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

A. Any user which has violated or continues to violate this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment requirement shall be liable for a minimum civil penalty of up to one thousand dollars per violation per day and up to a maximum penalty of twenty-five thousand dollars per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

B. The city may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the city.

C. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009; Ord. No. 2498, § 1, 6-4-2013; Ord. No. 2627, § 7, 10-6-2020)

A. Any user that willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment requirement, shall, upon conviction, be guilty of a misdemeanor, punishable by a minimum penalty of one thousand dollars per violation per day or imprisonment for not more than six months in the county jail, or both.

B. Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a minimum penalty of one thousand dollars per violation per day or imprisonment for six months, or both.

C. Any user that knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed or required to be maintained pursuant to this chapter, a wastewater discharge permit or order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be subject to a minimum penalty of one thousand dollars per violation per day or imprisonment for not more than six months, or both.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

In the event that any violation of this chapter causes the city to become liable for civil or criminal fines or penalties imposed by the federal or state government for improper wastewater discharge, the owner of the premises responsible for such discharge shall indemnify and hold harmless the city, its officers, officials, employees, agents, and volunteers, from any such penalty imposed, including reasonable attorney's fees for the necessary defense of any action or proceeding brought to impose such fine or penalties, and in addition shall pay an administrative penalty or ten percent of such fine or penalty which may be imposed. The provisions of this section shall be in addition to any other fine or penalty imposed by this chapter. The owner of any premises failing to so indemnify the city shall have service terminated.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2429, § 10, 1-20-2009)

Whenever a user has violated or continues to violate this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment requirement, the city may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, or order, or other pretreatment requirements imposed by this chapter on activities of the user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.

(Ord. 2291 § 1 (part), 2002)

The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. If the city takes more than one enforcement action against a noncompliant user, said actions may be taken concurrently.

(Ord. 2291 § 1 (part), 2002)

Discharge of wastewater in any manner in violation of this chapter, or of any order issued by the city manager as authorized by this chapter, is declared a public nuisance and shall be corrected or abated as directed by the city manager director. Any person creating a public nuisance is guilty of a misdemeanor, and shall be liable for reimbursing the city for all costs incurred in removing, abating, or remedying said nuisance.

(Ord. 2291 § 1 (part), 2002)

The city manager may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this chapter, any orders, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond payable to the city in a sum not to exceed a value determined by the city manager to be necessary to achieve consistent compliance.

(Ord. 2291 § 1 (part), 2002)

The city manager may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this chapter, any order, or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that he has obtained financial assurances sufficient to restore or repair damage to the POTW caused by his discharge.

(Ord. 2291 § 1 (part), 2002)

Whenever a user has violated or continues to violate the provisions of this chapter, orders, or wastewater discharge permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user's expense, after the user has satisfactorily demonstrated his ability to comply.

(Ord. 2291 § 1 (part), 2002)

The city manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to pay any outstanding fees, fines, or penalties incurred as a result of any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder.

(Ord. No. 2429, § 11, 1-20-2009)

If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

(Ord. 2291 § 1 (part), 2002)

All other portions of this code inconsistent or conflicting with any part of this chapter are repealed to the extent of the inconsistency or conflict.

(Ord. 2291 § 1 (part), 2002)

A. Permission must be obtained from the Industrial Waste division prior to draining swimming pools or spas to the POTW.

B. Wastewater from the following swimming pool maintenance activities shall be connected to and discharged into the POTW by an approved connection, including an air gap:

1. Filter backwash water;

2. Pool water of poor quality;

3. Neutralized acid cleaning wastewater.

C. Clean swimming pool water that does not contain detectable levels of chlorine, salt, or other contaminates shall be drained to the storm drainage system, and shall not be drained into the POTW without prior approval.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2627, § 8, 10-6-2020)

A. Septic waste hauler facilities that are connected to the POTW, shall first obtain a discharge permit from the Industrial Waste division prior to discharging any septic waste and shall comply with all pretreatment requirements of the permit.

B. Septic wastes to be disposed of by waste haulers shall be disposed of at the Shasta County Regional Septage Disposal Facility which is maintained and operated by Shasta County. Waste haulers proposing to use the facility shall secure a permit from the Shasta County public works director. Septic wastes to be disposed of from individual holding tanks such as those used in travel trailers and motor homes shall be disposed of at approved dump sites.

(Ord. 2291 § 1 (part), 2002)

(Ord. No. 2627, § 8, 10-6-2020)

All companies pumping oil and grease interceptors, or sand and oil interceptors from facilities located within the city limits shall maintain records of such pumpings. Copies of such records or direct inspection of such records shall be made available upon request by city manager. Such records shall be retained by each pumping company for a period of three years.

A simple log shall be maintained with the following minimum information of each pumping made: the date, the facility name and address pumped, the total gallons pumped, and the final disposal site of pumped wastes.

(Ord. 2291 § 1 (part), 2002)