Chapter 51 — SEWERS

As used in this subchapter the following terms and phrases shall have the meanings herein ascribed to them: FULL KITCHENS. An eating establishment with a garbage disposal.

INDUSTRIAL WASTES. Liquids and/or solids contained with a liquid, other than sanitary sewage, and discharged into either the industrial waste system or sanitary sewage system.

MINIMUM RATE. A minimum rate of $20.15 per month, which shall be charged to each customer per month during the two-month billing cycle.

PERSON. Any natural person, corporation, partnership, trust, or any legal entity.

SANITARY SEWAGE. Waste discharging into the city sewage system and containing human or animal excreta. SANITARY SEWER MAIN. An underground pipe owned and maintained by the city which transports from more than one residence, parcel or property to eventually be treated at the City of Riverbank Wastewater Treatment Plant. SCHOOL FACILITIES. Shall include any education facilities wherein teachers and students assemble for the purpose of educational instruction.

SERVICE LATERAL. The sewer pipes that lead from a home or business to the sanitary sewer main or regional trunk line in the public right-of-way.

(`67 Code, § 4-4-1) (Am. Ord. 2000-06, passed 5-8-00; Am. Ord. 2001-06, passed 7-9-01; Am. Ord. 2003-007, passed 6-9-03; Am. Ord. 2004-004, passed 6-28-04; Am. Ord. 2004-007, passed 9-27-04; Am. Ord. 2005-013, passed 7-1105; Am. Ord. 2006-11, passed 7-10-06; Am. Ord. 2007-004, passed 7-9-07; Am. Ord. 2008-006, passed 7-14-08; Am. Ord. 2013-001, passed 4-22-13)

(A) It shall be unlawful for any person, other than the Director of Public Works to commence or make any connection with any public or house connection sewer or to do or cause to be done, or to construct or cause to be constructed, or to use or cause to be used, or to alter or cause to be altered, any public or house connection sewer within the city without first obtaining a permit from the Plumbing Inspector so to do.

(B) Any person desiring a permit for any of the purposes enumerated in this section, shall make application in writing to the Plumbing Inspector, giving such information as the Inspector may require, on blanks to be furnished for that purpose, and if it appears that the work to be performed thereunder is to be done according to the regulations contained in this chapter and otherwise provided by law governing the construction of said work, a permit shall be issued upon payment of the fees as fixed by ordinance.

(C) Rates and charges for domestic sewage disposal service are hereby established as hereinafter set forth. The charges herein fixed for any premises shall be billed and collected with the charges and rates for city utility services furnished by the city to the premises. The charges herein fixed shall be due and payable in advance at the same time that such charges for city utility services are due and payable.

(D) In the event the premises to be charged for sewer service shall not be connected to the water distribution system then and in that event, Water Department shall bill and collect for the appropriate sewer service charges.

(E) All sewer service revenues collected, shall be retained by the city regardless of the date of termination of sewer service and no rebate will be made for mid-month disconnection.

(F) For any sewer service bill that is not paid by the close of business 35 days after the bill was issued shall be subject to a 10% penalty.

(G) Charges for services and facilities furnished by the city shall constitute a lien against the lot or parcel of land against which charge is imposed if such charges remain delinquent for a period of 60 days.

(H) In the event the owner, occupant or lessee of premises connected to the sewer system shall fail to pay the sewer charges within 60 days after it becomes delinquent, the city may in addition to all of the remedies it may have, discontinue furnishing sewer service by means of water service disconnection pursuant to the procedures set forth in § 52.66, and shall not resume the same until all delinquent charges and penalties hereunder together with any service charge necessitated by the resumption of sewer service have been fully paid.

(I) As an alternative to any of the other procedures herein provided or given by law, city may bring an action against the owner, occupant or lessee of the premises to whom the service was rendered for the collection of the amount of the delinquent rate and all penalties and costs of collection including reasonable attorney's fees.

(`67 Code, § 4-4-3) (Ord. 88, passed 3-21-49; Ord. 70-13, passed 9-18-70; Am. Ord. 2022-005, passed 9-27-22)

(A) Inspection fee. An inspection fee of $30 for building inspection services shall be paid to the city.

(B) Connection fees. Connection fees for sewer service for properties not in the city on October 14, 1963 shall be paid to the city as follows:

• (1) Single-family residence (when connection is made to existing lateral): $4,420;

• (2) Single-family residence (when connection is made to house connection stub behind the curb or at the property line in the alley): $400;

• (3) Duplex or triplex (each unit): $400;

• (4) Multiple housing (apartments, condominiums, mobile homes or in manufactured housing in parks or special projects, each unit): $400;

• (5) Commercial establishments (domestic sewage only, each unit): $1,000;

(6) Commercial establishments discharging dishwater, including, but not limited to, laundromats, carwashes or discharges from garbage grinders. First 1,000 square feet of floor area: $1,200 each, and 100 square feet, or fraction, additional floor area: $100 each;

• (7) Industrial establishments (domestic sewage only) each unit: $1,000; and

• (8) Industrial establishments (discharges from industrial use); to be negotiated.

(C) Front footage assessment.

(1) A front footage charge of $7 per lineal foot shall be paid to the city at the time application is made for sewer service connection to an existing sewer lateral for which no previous front footage assessment or fee has been paid for the particular lot or parcel. Subdivision lots shall be exempt from the front footage charge when service laterals have been installed, by the subdivider, to serve properties within the development.

(2) Front footage assessments will be made and paid to the city based upon the property frontage along the street or alley where the connection is made.

(D) Extension of sewer lateral. Whenever the installation of a new sewer line is required to serve an applicant for sewer service, the applicant's obligation or cost for sewer service will be the established front footage assessment, inspection and connection fees, and monthly service charge. The applicant shall advance to the city 100% of the cost of extending sewer service to his or her property and the cost of the line across the full width of applicant's property. The city will reimburse to the applicant the difference between the applicant's obligation or costs and the total cost of the sewer lateral extension over a ten-year period in equal annual installments, with no interest, commencing one-year following the city's acceptance of the completed project, provided however, that in the event it appears for any reason

unfeasible to extend a sewer lateral under the terms of this section, the city may refuse to extend the sewer lateral or it may agree to extend the sewer lateral under a separate agreement containing terms, conditions and provisions for payment which are mutually agreed upon by the city and the property owner or owners requesting the extension.

(E) Charges for connection to sewer lines financed by state or federal funds.

(1) In the event state or federal funds are used in construction of a sewer line, the front footage assessment and connection fees will be reduced 50%, for single-family residential applicants who hook on to the sewer line within a 12-month period following the completion of the project. Following the 12-month period, single-family residential applicants for sewer service involving connections to state or federal funded sewer lines will be assessed the regular front footage and connection fees.

(2) All applicants other than single-family residential applicants shall not receive a reduced connection and front footage assessment rate.

(F) Monthly sewer service charges. The following monthly sewer service charges are hereby established for properties served by the city.

(1) Base monthly rates for residential, commercial and all other users shall be as follows:

(2) In addition to the base monthly rates, all non-residential users will be charged a variable rate, based on gallon usage over 7,480 gallons. The rate shall be assessed as follows:

(3) Multiple accounts on one meter. Where more than one residence or business is served by a common meter, a composite sewer rate shall be determined, based on the number and type of residences and businesses served by the meter. The composite rate shall be computed as a weighted average of the respective sewer rates for the individual residences and businesses based on categories and rates established previously in this section. The composite rate shall be determined on a case-by-case basis by the city, using estimated flows for the individual businesses and the respective sewer rates established for specific categories.

(a) The weighted average is computed by estimating the amount of flow by their individual rate (assuming they were on individual meters), and summing the total cost and flow for the multiple account meters.

(b) Composite rates will vary from multiple accounts to multiple accounts, depending on the mix of user types for the shared meter.

(4) All sewer service charges shall be billed on a bimonthly basis. The bimonthly rates shall double the monthly rates during the time the bimonthly billings are in effect.

(5) All sewer service charges are due and payable upon receipt and shall be considered delinquent if not paid seven days after mailing or e-mailing by the city. Any bills not paid within such period are considered delinquent.

(6) Any sewer charges, which are not paid by close of business 34 calendar days after the bill is issued, shall have a service charge of 10% of the billing assessed at the time of payment.

(7) Deposit. Applicants for utility services are required to establish credit before receiving such service. Credit shall be deemed established if the applicant meets one of the following options:

(a) Makes a cash deposit of $100 as a guarantee for the payment of future bills.

(b) Has been a customer of city utility services for 12 consecutive months within the last 18 months, and during such time has paid all bills without any delinquency.

(c) 1. Provide the city with a letter of credit reference from another utility company showing an on-time payment record for the period of at least the 12 consecutive months directly prior to the date of the requested service.

2. If a consumer fails to pay a bill for sewer services, the city may apply the deposit insofar as necessary to liquidate the account and may require that the deposit be restored to an amount twice the original deposit amount. After a cash deposit to guarantee payment for sewer service has stood unimpaired for 12 months, such deposit shall be applied to the depositor's current account balance. Upon closing any account, the balance of any deposit remaining, after the closing bill for service has been paid, shall be returned promptly to the depositor.

(8) Sewer service charges set forth herein may be increased or decreased by resolution of the City Council.

(G) Septic tank destruction permit. Any property owner seeking to abandon his or her septic tank must first obtain a septic tank destruction permit from the City of Riverbank Public Works Department. The fee for the permit shall be $75.

(H) Annual fees for the food service establishment discharge permit.

(1) Permit fees will be calculated based on the following tasks:

(2) At the time the permit is issued, the final fee as determined by the then current staff rate as determined by inflation will be paid annually for the management, administration and inspection of the grease removal device for the food service establishment discharge permit.

(3) This fee shall be updated as necessary using the Consumer Price Index (CPI) to cover the cost of inflation for implementing the fats oils and grease reduction program.

(4) Re-inspection fees necessary as a result of a violation of the permit shall be in the amount set forth in division (A) above.

(I) Other fees associated with the installation of a grease interceptor as required by the food service establishment discharge permit.

(1) Additional fees to cover the cost of engineering and inspection of a new grease interceptor shall be calculated as follows:

(2) At the time the permit is issued, the final fee as determined by the then current staff rate as determined by inflation must be paid prior to the issuance of a building permit.

(Ord. 97-09, passed 1-12-98; Am. Ord. 2000-06, passed 5-8-00; Am. Ord. 2001-06, passed 7-9-01; Am. Ord. 2003007, passed 6-9-03; Am. Ord. 2004-004, passed 6-28-04; Am. Ord. 2004-007, passed 9-27-04; Am. Ord. 2005-004, passed 4-25-05; Am. Ord. 2005-007, passed 5-9-05; Am. Ord. 2005-013, passed 7-11-05; Am. Ord. 2006-11, passed 7- 10-06; Am. Ord. 2007-004, passed 7-9-07; Am. Ord. 2008-006, passed 7-14-08; Am. Ord. 2009-004, passed 7-13-09; Am. Ord. 2009-010, passed 12-14-09; Am. Ord. 2015-014, passed 10-13-15; Am. Ord. 2022-005, passed 9-27-22)

It is unlawful for any person to place any of the following substances in any public sewer, sewer pipe, manhole or industrial waste pipeline of the city:

(A) Any fats, grease or similar substances, except where the same shall be incidentally contained in domestic sewage from private houses.

(B) Sand, dirt, mud or other similar substances.

(C) Crude oil, petroleum, kerosene or any product of crude oil, petroleum or any substances of which the same forms a constituent part.

• (Ord. 239, passed 12-8-58)

(D) Any industrial wastes containing: a pH lower than 7.2, sulfides, whey, or any substance which is deleterious to the public sewerage system or industrial waste pipeline of the city.

(Ord. 78-4, passed 4-24-78)

(E) There shall be no new connections made to the city's sanitary or industrial sewers of any pipe, catch basin, or appurtenance containing storm waters, surface runoff, street wash or other waters from inflow sources not classified as sanitary sewage or industrial waste waters.

(F) Any new sewer and/or sewer connection to the city's sanitary or industrial sewer system shall be properly designed in accordance with the city standards and shall be inspected to insure proper construction. (Ord. 75-5, passed 7-14-75)

(`67 Code, § 4-4-5) Penalty, see § 10.99

The Plumbing Inspector shall have the power to temporarily shut off any premises from the use of the sewer system and/or the industrial waste pipeline of the city if the occupant or user of such premises is placing in such sewer system and/or industrial waste pipeline substances which are in violation of this chapter. The Plumbing Inspector shall report the circumstances of such shutoff to the City Council at its next meeting following the shutoff. Not less than five days prior to the meeting, the occupant or user of such premises shall be given written notice, personally or by first class mail addressed to the premises, that the City Council will consider the report of the Plumbing Inspector and what the occupant or user of such premises may appear and be heard. At the meeting the City Council shall consider the report of the Plumbing Inspector and shall afford the occupant or user of the premises an opportunity to be heard. At the conclusion of the hearing the City Council may order that service be restored to the premises with or without imposing conditions thereon, or it may revoke the permit of the user or occupant of the premises to use the city sewer and/or industrial waste system.

(`67 Code, § 4-4-7) (Ord. 78-4, passed 4-24-78)

(A) Any person who, after five days’ written notice to cease and desist, continues to place, or allows or permits to be placed, any harmful substance, as that term is defined in § 51.04 hereof, in any public sewer, sewer pipe, manhole or industrial waste pipeline of the city, which requires expenditure of city funds by the city for labor and/or materials to remove the same or to remedy problems created thereby shall reimburse the city for the total cost of such labor and materials within 15 days after received a statement for such costs from the city.

(B) The food service establishment permit holder shall pay to the city the following fines for the violation type and number of occurrences set forth in the schedule below. The occurrence of each violation shall be determined as the number of repeated violations within the permit term.

(`67 Code, § 4-4-8) (Ord. 77-15, passed 8-22-77; Am. Ord. 2009-004, passed 7-13-09)

It is hereby declared to be a nuisance and it shall be unlawful to permit any part of the contents of any privy vault, cesspool, septic tank, water closet, urinal, pipe, sewer line, or any sewage, effluent, night soil, slop water, or any other filthy water, matter, or substance, to flow or discharge upon the ground or upon the surface of any lot or premises or in any public street or other public place.

(`67 Code, § 4-1-6) (Ord. 47, passed 12-19-38)

It is hereby declared to be a nuisance and it shall be unlawful for any person to establish, build, or maintain a privy or toilet other than a water closet for the deposit of human wastes.

(`67 Code, § 4-1-7) (Ord. 99, passed 8-13-51)

A service lateral is a private facility. The property owner shall be responsible for constructing, repairing, and maintaining the entire sewer lateral between the building and the sanitary sewer main (including the lateral and building sewers, and the tap, saddle, or wye connection fitting at the sanitary sewer main). The city shall not be financially responsible for any sewer lateral construction, operation, maintenance, repair, abandonment, or other cost whatsoever, except where the city itself or its contractor reconstructs or realigns the sanitary sewer main, thereby necessitating the reconnection of sewer laterals to the sanitary sewer main.

(Ord. 2013-001, passed 4-22-13)

INDUSTRIAL WASTEWATER

(A) This subchapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems referred to as Publicly Owned Treatment Works (POTW) and enables the city to protect its collection and treatment system and to comply with all state and federal laws.

(B) The objectives of this subchapter are:

(1) To prevent the introductions of pollutants into the wastewater collection and treatment system which will interfere with the operation of the system.

(2) To prevent the introduction of pollutants into the wastewater collection and treatment system which can pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system.

(3) To protect both Publicly Owned Treatment Works (POTW) personnel who may be affected by wastewater in the course of their employment and the general public.

(4) To enable the city to comply with its waste discharge requirements, to comply with its sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

(C) This subchapter shall apply to all persons within the city and to persons outside the city who are, by contract or agreement users of the city POTW. This subchapter authorizes the issuance of wastewater discharge permits, provides for monitoring, compliance, and enforcement activities, and requires user reporting. (Ord. 95-05, passed 4-10-95)

Except as otherwise provided herein, the Director of Public Works shall administer, implement, and enforce the provisions of this subchapter. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other city personnel.

(Ord. 95-05, passed 4-10-95)

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

BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand

EPA U.S. Environmental Protection Agency gpd gallons per day mg/L milligrams per liter

POTW Publicly Owned Treatment Works

RWQCB Regional Water Quality Control Board

TSS Total Suspended Solids

USC United States Code

WDR Waste Discharge Requirements

(Ord. 95-05, passed 4-10-95)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPROVAL AUTHORITY. The State of California's Regional Water Quality Control Board - Central Valley Region.

AUTHORIZED REPRESENTATIVE OF THE USER.

(1) If the user is a corporation:

(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; or

(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the user is a federal, state, or local governmental facility: 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 divisions (1) through (3), above, 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 from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

BIOCHEMICAL OXYGEN DEMAND or BOD . The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., usually expressed as a concentration (for example, mg/L).

ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency.

GRAB SAMPLE. A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. 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. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's waste discharge requirements.

NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

PASS THROUGH. A discharge which exits the POTW into waters of the State of California in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's waste discharge requirements, including an increase in the magnitude or duration of a violation.

PERMITTEE. The person to whom a permit has been issued pursuant hereto.

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

pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (for example, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

PRETREATMENT. 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 introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 51.24 of this subchapter.

PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works, as defined by Section 212 of the Act (33 USC 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, and disposal of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.).

SIGNIFICANT INDUSTRIAL USER.

(1) A user that:

(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(b) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(c) Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(2) Upon a finding that a user meeting the criteria in division (1) 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 a user, determine that such user should not be considered a significant industrial user.

SLUDGE LOAD or SLUDGE. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 51.24 of this subchapter.

STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation.

SUPERINTENDENT. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this subchapter, or a duly authorized representative. SUSPENDED SOLIDS. The total suspended matter that floats on the surface of; or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

USER or INDUSTRIAL USER. A source of indirect discharge.

WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. 95-05, passed 4-10-95)

(A) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW.

(B) Specific prohibitions.

(1) No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

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

(b) Wastewater having a pH less than 6.0 or higher than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment;

• (c) Any liquid or water having a temperature higher than 104°F.

• (d) Any radioactive wastes or isotopes.

• (e) Any noxious or malodorous liquids, gases, or solids sufficient to create a public nuisance or hazard.

(f) Any water or waste containing suspended solids, viscous substances or soluble solids of such character and quality that unusual attention or expense is required to prevent obstruction of flow in the POTW or to handle such materials in the POTW.

(g) Any pollutants or wastes containing a toxic or poisonous substance in sufficient quantity resulting in the presence of toxic gases, vapors or fumes to interfere with any sewage treatment process, constitute a hazard or create a hazard, such as acute worker health and safety problems.

(h) Any substance which will cause damage or imbalance of any portion of the treatment sludge disposal process.

(i) Any substance which will cause the POTW to violate any state receiving water quality standards.

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

POTW;

(k) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

(l) Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(m) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(n) Storm water, groundwater, street drainage, subsurface drainage or yard drainage shall not be discharged directly or indirectly to the city's POTW. The city may approve the temporary discharge of such water only when no alternate method of disposal is reasonably available.

(2) If a temporary permit is granted for the discharge of such water into a tributary sewer, the user shall pay the applicable charges for use and fees, and shall meet such other conditions as required by the city.

(C) Dilution. No 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 standard or requirement. The Director of Public Works may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. 95-05, passed 4-10-95)

(A) Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this subchapter and shall achieve compliance with prohibitions set out in § 51.24 of this subchapter within the time limitations specified by the Director of Public Works. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director of Public Works for review, and shall be acceptable to the Director of Public Works before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this subchapter.

(B) Additional pretreatment measures.

(1) Whenever deemed necessary, the Director of Public Works may require users to restrict their 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 determine the user's compliance with the requirements of this subchapter.

(2) The Director of Public Works may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director of Public Works, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Director of Public Works and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.

(4) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(C) Accidental discharge/sludge control plans. At least once every two years, the Director of Public Works shall evaluate whether each significant industrial user needs an accidental discharge/sludge control plan. The Director of

Public Works may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director of Public Works may develop such a plan for any user. An accidental discharge/sludge control plan shall address, at a minimum, the following:

• (1) Description of discharge practices, including nonroutine batch discharges;

• (2) Description of stored chemicals;

• (3) Procedures for immediately notifying the Director of Public Works and POTW Supervisor of any accidental or sludge discharge, as required by § 51.28 of this subchapter; and

(4) Procedures to prevent adverse impact from any accidental or sludge 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 runoff, 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. 95-05, passed 4-10-95)

(A) Wastewater analysis. When requested by the Director of Public Works, a significant industrial user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director of Public Works is authorized to prepare a form for this purpose and may periodically require significant industrial users to update this information.

• (B) Wastewater discharge permit requirement.

(1) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director of Public Works, except that a significant industrial user that has filed a timely application pursuant to division (C) below of this section may continue to discharge for the time period specified therein.

(2) The Director of Public Works may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this subchapter.

(3) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this subchapter and subjects the wastewater discharge permittee to the sanctions set out in § 51.32 of this subchapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(C) Wastewater discharge permitting: existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this subchapter and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the Director of Public Works for a wastewater discharge permit in accordance with division (E) below of this section, and shall not cause or allow discharges to the POTW to continue after 60 days of the effective date of this subchapter except in accordance with a wastewater discharge permit issued by the Director of Public Works.

(D) Wastewater discharge permitting: new connection. Any significant industrial user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with division (E) below of this section must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.

(E) Wastewater discharge permit application contents.

(1) All significant industrial users required to obtain a wastewater discharge permit must submit a permit application. The Director of Public Works may require all users to submit as part of an application the following

information:

(a) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

• (b) Number and type of employees, hours of operation, and proposed or actual hours of operation;

• (c) Each product produced by type, amount, process or processes, and rate of production;

• (d) Type and amount of raw materials processed (average and maximum per day);

• (e) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

• (f) Time and duration of discharges; and

(g) Any other information as may be deemed necessary by the Director of Public Works to evaluate the wastewater discharge permit application.

(2) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(F) Application signatories and certification. All wastewater discharge permit applications and user reports 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 who manage the system, or those persons directly responsible for gathering the 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.”

(G) Wastewater discharge permit decisions. The Director of Public Works will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the Director of Public Works will determine whether or not to issue a wastewater discharge permit. The Director of Public Works may deny any application for a wastewater discharge permit. (Ord. 95-05, passed 4-10-95)

(A) Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Director of Public Works. Each wastewater discharge permit will indicate a specific date upon which it will expire.

(B) Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director of Public Works to prevent pass through or interference, protect the quality of the groundwater receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

• (1) Wastewater discharge permits must contain:

• (a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years,

(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with division (E) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

• (c) Effluent limits based on applicable pretreatment standards; and,

(d) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type

based on federal, state, and local law.

• (2) Wastewater discharge permits may contain, but need not be limited to, the following conditions:

• (a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(b) 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;

(c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

• (d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

• (e) Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(f) 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

• (g) Other conditions as deemed appropriate by the Director of Public Works to ensure compliance with this subchapter, and state and federal laws, rules, and regulations.

(C) Wastewater discharge permit appeals. The Director of Public Works shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Director of Public Works to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.

• (1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

• (2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

• (3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(4) If the Director of Public Works fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions.

• (D) Wastewater discharge permit modification. The Director of Public Works may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

• (1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

• (2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

• (3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

• (4) Information indicating that the permitted discharge poses a threat to the city's POTW, the city personnel, or the receiving waters;

• (5) Violation of any terms or conditions of the wastewater discharge permit;

• (6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

• (7) To correct typographical or other errors in the wastewater discharge permit.

• (E) Nontransferability of wastewater discharge permit. Wastewater discharge permits shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed condition.

• (F) Wastewater discharge permit revocation.

(1) The Director of Public Works may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:

• (a) Failure to notify the Director of Public Works of significant changes to the wastewater prior to the changed discharge;

• (b) Failure to provide prior notification to the Director of Public Works of changed conditions pursuant to § 51.28(B);

(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

• (d) Falsifying self-monitoring reports;

• (e) Tampering with monitoring equipment;

(f) Refusing to allow the Director of Public Works or designated representative timely access to the facility premises and records;

• (g) Failure to meet effluent limitations;

• (h) Failure to pay sewer charges;

• (i) Failure to meet compliance schedules;

• (j) Failure to complete a wastewater survey or the wastewater discharge permit application;

• (k) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(l) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this subchapter.

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

(G) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 51.26(E) of this subchapter, a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit. (Ord. 95-05, passed 4-10-95)

(A) Periodic compliance reports.

(1) All significant industrial users shall, at a frequency determined by the Director of Public Works but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 51.26 of this subchapter.

(2) 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.

(3) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director of Public Works, using the procedures prescribed in division (G) of this section, the results of this monitoring shall be included in the report.

(B) Reports of changed conditions. Each user must notify the Director of Public Works of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.

(1) The Director of Public Works may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 51.26(F) of this subchapter.

(2) The Director of Public Works may issue a wastewater discharge permit under § 51.26(G) of this subchapter or modify an existing wastewater discharge permit under § 51.27(D) of this subchapter in response to changed conditions or anticipated changed conditions.

(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants.

(C) Reports of potential problems.

(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a sludge load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director of Public Works and POTW Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

onroutine, episodic nature, a noncustomary batch discharge, or a sludge load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director of Public Works and POTW Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(2) Within five days following such discharge, the user shall, unless waived by the Director of Public Works, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this subchapter.

(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (1), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(D) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director of Public Works as the Director of Public Works may require.

(E) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Director of Public Works within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director of Public Works within 30 days after becoming aware of the violation. The user is not required to resample if the Director of Public Works monitors at the user's facility at least once a month, or if the Director of Public Works samples between the user's initial sampling and when the user receives the results of this sampling.

(F) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

(G) Sample collection.

(1) Except as indicated in division (2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director of Public Works may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(H) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(I) Record keeping. Users subject to the reporting requirements of this subchapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this subchapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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. These 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 the city, or where the user has been specifically notified of a longer retention period by the Director of Public Works.

(Ord. 95-05, passed 4-10-95)

(A) Right of entry: inspection and sampling. The Director of Public Works or his/her designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this subchapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director of Public Works or his/her designated representative ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director of Public Works or his/her designated representative will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The Director of Public Works or his/her designated representative shall have the right to set up on the user's property, or require installation of; such devices as are necessary to conduct wastewater sampling and metering (flow measurement) of the user's operations.

(3) The Director of Public Works or his/her designated representative may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated monthly to ensure their accuracy. The monitoring facilities design shall be approved by the Director of Public Works prior to installation.

(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director of Public Works or his/her designated representative and shall not be replaced. The costs of clearing such access shall be born by the user.

(5) Unreasonable delays in allowing the Director of Public Works or his/her designated representative access to the user's premises shall be a violation of this subchapter.

(B) Search warrants. If the Director of Public Works or his/her designated representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this subchapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verity compliance with this subchapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director of Public Works may seek issuance of a search warrant from the appropriate court.

(Ord. 95-05, passed 4-10-95)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from Director of Public Works or his/her designated representative inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director of Public Works or his/her designated representative, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 95-05, passed 4-10-95)

(A) The Director of Public Works shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.

(B) The term SIGNIFICANT NONCOMPLIANCE shall mean:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(2) Any other discharge violation that the Director of Public Works believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(3) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in Director of Public Works or his/her designated representative exercise of its emergency authority to halt or prevent such a discharge;

(4) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(5) Failure to provide within 30 days after the due date, any required reports as required in § 51.28 of this subchapter;

(6) Failure to accurately report noncompliance; or

(7) Any other violation(s) which the Director of Public Works determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 95-05, passed 4-10-95)

(A) Notification of violation. When the Director of Public Works finds that a user has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Public Works may serve upon that user a written notice of

violation (NOV). Within 30 days of the receipt of this NOV, or such shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director of Public Works. 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 Director of Public Works to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(B) Consent orders. The Director of Public Works may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (D) and (E) of this section and shall be judicially enforceable.

(C) Show cause hearing. The Director of Public Works may order a user which has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director of Public Works and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

ause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(D) Compliance orders. When the Director of Public Works finds that a user has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Public Works may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may 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 a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(E) Cease and desist orders.

(1) When the Director of Public Works finds that a user has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director of Public Works may issue an order to the user directing it 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.

(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(F) Emergency suspensions/harmful contributions.

(1) The Director of Public Works may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present

or cause an imminent or substantial endangerment to the health or welfare of persons. The Director of Public Works may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director of Public Works may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its rapid infiltration beds, its underlying groundwater, or endangerment to any individuals. The Director of Public Works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, and payment of any costs incurred by the City to previously suspend the user's wastewater service, unless the termination proceedings in division (G) of this section 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 Director of Public Works prior to the date of any show cause or termination hearing under divisions (C) or (G) of this section.

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

(G) Termination of discharge.

(1) In addition to the provisions in § 51.27(F) of this subchapter, any user who violates the following conditions is subject to discharge termination:

• (a) Violation of wastewater discharge permit conditions;

• (b) Failure to accurately report the wastewater constituents and characteristics of its 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;

or

(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) of this section why the proposed action should not be taken. Exercise of this option by the Director of Public Works shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 95-05, passed 4-10-95)

Rates, as established from time to time by the City Council by ordinance, shall be due and payable as established by ordinance of the City Council.

(Ord. 95-05, passed 4-10-95)

Cross-reference:

Rates and charges specified, see § 51.03

FATS, OILS AND GREASES (FOG)

To aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils and greases into the sanitary sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.

(Ord. 2009-003, passed 7-13-09)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTERNATIVE PRETREATMENT TECHNOLOGY. Includes, but is not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the sanitary sewer collection system.

FATS, OILS AND GREASES (FOG). Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations 40 C.F.R. 136, as may be amended from time to time. All are sometimes referred to herein as GREASE or GREASES .

FOOD SERVICE ESTABLISHMENTS (FSE). Those establishments primarily engaged in activities of preparing, serving or otherwise making available for consumption by the public such as restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility and care institution. These establishments use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting or poaching. Also included are infrared heating, searing, barbecuing and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.

GREASE CONTROL DEVICE. A grease control device for the purpose of this subchapter includes grease traps, grease interceptors and alternative pretreatment technology.

GREASE INTERCEPTOR. A structure or device designed for the purpose of removing and preventing fats, oils and grease from entering the sanitary sewer collection system. These devices are often below-ground units in outside areas and are built as multi-chamber baffled tanks.

GREASE TRAP. A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. Such traps are typically compact under-the-sink units that are near food preparation areas.

MINIMUM DESIGN CAPABILITY. The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the public sanitary sewer. Minimum design standards shall be per current California Plumbing Code and as specified in city standards. RENDERABLE FOG. Uncontaminated fats, oils and grease from the food preparation process that can be used as a source of material that is free of impurities and can be recycled into products such as animal feed and cosmetics. USER. Any person, including those located outside the jurisdictional limits of the city who contributes, causes or permits the contribution or discharge of wastewater into sewers within the city’s boundaries, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. (Ord. 2009-003, passed 7-13-09)

Except as otherwise provided herein, the Director of Public Works shall administer, implement and enforce the provisions of this subchapter. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other city personnel.

(A) Food service establishment permit requirement. All establishments discharging wastewater to the city sanitary sewer collection system are subject to the permit requirements of § 51.26 and following.

(1) Grease interceptor requirements. All permitted food service establishments including restaurants, cafeterias, diners and similar non-industrial facilities using food preparation processes that generate FOG are required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this subchapter.

• (2) Implementation.

(a) New establishment. All new food service establishment facilities are subject to grease interceptor requirements. All such facilities must obtain prior approval from the Director of Public Works for grease interceptor sizing prior to submitting plans for a building permit. All grease interceptors shall be readily and easily accessible for cleaning and inspection.

(b) Existing facilities. Existing facilities with planned modification under a building permit with valuations set forth in the FSE Policy will be required to include plans to comply with the grease interceptor requirements. These facilities must obtain approval from the Director of Public Works for grease interceptor sizing prior to submitting plans for a building permit.

1. All existing food service establishments, determined by the Director of Public Works, to have a reasonable potential to adversely impact the city’s sewer system will be notified of their obligation to install a grease interceptor within the specified period set forth in the notification letter.

2. Existing food service establishments which generate, and discharge wastewater containing FOG, and which have an existing non-complying FOG pretreatment system may, as determined by the city, operate the existing FOG pretreatment system. Such facilities shall submit an application for a permit and include applicable information to amend the existing permit or submit an application for a new permit if no permit exists.

(3) Variance from grease interceptor requirements. Grease interceptors required under this subchapter shall be installed unless the Director of Public Works authorizes the installation of an indoor grease trap or other alternative pretreatment technology and determines that the installation of a grease interceptor would not be feasible.

(4) Costs. All costs and related expenses associated with the installation and connection of the FOG Interceptor(s) or Alternate Pretreatment System(s) shall be borne by the food service establishment. The food service establishment shall indemnify the city and its agents for any loss or damage that may directly or indirectly occur due to the installation of the FOG pretreatment system.

(B) Conditional waivers. Existing FSEs that do not meet the requirements set forth in division (A)(2) above may apply for a conditional waiver. The conditional waiver will specify requirements that the FSE must comply with to operate without an interceptor. The Director of Public Works or designee will continually review FSE compliance with the conditional waiver requirements. A conditional waiver may be revoked at any time for any of the following reasons:

(1) Quantity of FOG discharge as measured or as indicated by the size of FSEs based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions have changed since the granting of the waiver such that the FSE is contributing to FOG discharges;

(2) Identification of the FSE as a significant contributor of FOG into the Sewer System, which is based on inspection or sampling of the FOG discharged from the FSE’s sewer lateral to the sewer system;

• (3) Adequacy of implementation and compliance with Kitchen Best Managements Practices (BMPs);

• (4) Change in sewer size, grade and condition based on visual information;

• (5) Changes in operations that significantly affect FOG discharge;

• (6) Failure to comply with any of the conditions set forth in the waiver; and

(7) Any other condition deemed reasonably related to the generation of FOG discharges by the Director of Public Works.

(C) Exemptions. Exemption from the FSE discharge permit: An exemption may be granted to limited food preparation establishment. A limited food preparation establishment engages only in reheating, hot holding or assembly of ready to eat food products and as a result, no wastewater discharge containing a significant amount of fats, oils and grease. A limited food preparation establishment does not include any operation that changes the form, flavor or consistency of food.

(D) Pretreatment requirements.

• (1) Grease interceptor requirements.

(a) Grease interceptors shall be installed at a location where it shall be easily accessible for inspection, cleaning and removal of intercepted grease. The grease interceptor may not be installed in any part of the building where food is handled. Location of the grease interceptor must meet the approval of the Director of Public Works.

(b) All such grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain Minimum Design Capability or effective volume. These devices should be inspected annually at minimum. Users who are required to maintain a grease interceptor shall:

1. Provide for a minimum hydraulic retention time to facilitate the separation of oils and grease to the extent that oil and grease concentrations in wastewaters discharged to the sewage system owned, operated and maintained by the city, do not exceed established discharge limitations set by the city as defined in § 51.44;

2. Remove any accumulated grease caps and sludge pockets as required. Grease interceptors shall be kept free of inorganic solid materials which could settle into this pocket and thereby reduce the effective volume of the device; and

3. Be serviced (pumped, cleaned and inspected) by a city permitted liquid waste hauler, at a minimum frequency to ensure proper function. Records of grease interceptors shall be in accordance to division (E) below. (c) Except as provided herein, for a period of one year following adoption of this subchapter, although installation of grease interceptors will be required to be installed, no enforcement actions will be taken under this subchapter for failure to achieve limits on grease discharges from grease interceptors. However; if, during this one year period an obstruction of a sewer main(s) occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that the overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of grease in the sewer main(s), the city will take appropriate enforcement actions, as stipulated in Chapter 51, against the generator or contributor of such grease.

• (2) Grease trap requirements.

(a) Upon approval by the Director of Public Works, a grease trap complying with the provisions of this section must be installed in the waste line leading from sinks, drains and other fixtures or equipment in food service establishments where grease may be introduced into the drainage or sewage system in quantities that can effect line stoppage or hinder sewage treatment or private sewage disposal.

(b) Grease traps shall be maintained in efficient operating conditions by periodic removal of the accumulated grease. No such collected grease shall be introduced into any drainage piping, or public or private sewer.

(c) Except as provided herein, for a period of one year following adoption of this subchapter, although installation of grease traps will be required to be installed, no enforcement actions will be taken under this subchapter for failure to achieve limits on grease discharges from the facility. However; if, during this one year period an obstruction of a sewer main(s) occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that the overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of grease in the sewer main(s), the city will take appropriate enforcement actions, as stipulated in the Industrial Pretreatment Enforcement Plan and Sewer Use Ordinance, against the generator or contributor of such grease.

(E) Compliance monitoring.

(1) City personnel may inspect the facilities of any establishment required to have a grease interceptor or similar device, to determine whether the requirements set fourth in this subchapter are being met. Compliance monitoring shall be conducted pursuant to § 51.29 and as follows:

(a) City personnel will inspect or order the inspection and sample the wastewater discharges of any food service establishment annually; and

(b) Failure of the inspection and cause for re-inspection shall be at the expense of the user subject to the inspection fee outlined in § 51.03(H).

(2) The establishments shall be required to keep all manifests, receipts and invoices of all cleaning, maintenance, inspection, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than three years. The establishment shall, upon request, make the manifests, receipts, invoices and any other applicable documentation available to the Director of Public Works or his or her designee.

(F) Requirements to self-monitor.

(1) The city may require establishments to construct and maintain in proper operating condition at the establishment’s sole expense, flow monitoring, constituent monitoring and/or sampling facilities.

(2) Those establishments discharging under a conditional waiver may be required by the Director of Public Works to install sampling facilities for compliance monitoring.

(3) The location of the monitoring or metering facilities shall be subject to approval by the Director of Public Works.

(4) Establishments may also be required by the Director of Public Works to submit waste analysis plans, contingency plans and meet other necessary requirements to ensure proper operation and maintenance of the grease control device.

(5) Establishments shall not increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance.

(Ord. 2009-003, passed 7-13-09)

(A) Prohibition.

(1) Introduction of any additives into any establishment’s wastewater system for the purpose of emulsifying FOG is prohibited.

(2) Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.

(3) Discharge of wastewater from dishwashers to any grease trap or grease interceptor is prohibited.

(4) Discharge of wastewater with temperatures in excess of 110°F to any grease control device, is prohibited.

(5) The use of biological additives for grease remediation or as a supplement to interceptor maintenance is prohibited, unless written approval for the Director of Public Works is obtained.

(6) Discharge of wastes from toilets, urinals, wash basins and other fixtures containing fecal materials to sewer lines intended for grease interceptor service, or vice versa, is prohibited.

(7) Discharge into the sewer system of any waste which has FOG as well as solid materials removed from the grease control device is prohibited. Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors. Licensed waste haulers or an approved recycling facility must be used to dispose of FOG, including waste cooking oil.

(8) Installation of food grinders are prohibited unless specifically allowed in writing by the Director of Public Works.

(9) No food waste disposal unit or dishwasher shall be connected to or discharged into any grease trap.

(B) Consent. Consent by the operator of the FSE for the city and other regulatory agencies to inspect the FSE to confirm compliance with these requirements, the Sewer WDRs and other applicable laws, rules and regulations, including any NPDES permit applicable to the city.

(C) Additional requirements. Additional requirements as otherwise determined to be reasonably appropriate by the Director of Public Works to protect the city’s system or as specified by other regulatory agencies.

(D) Other terms and conditions. Other terms and conditions, which may be reasonably applicable to ensure compliance with these requirements as determined by the Director of Public Works.

(Ord. 2009-003, passed 7-13-09) Penalty, see § 10.99

No user shall allow wastewater discharge concentration from subject grease interceptor, grease trap or alternative pretreatment technology to exceed 300 milligrams per liter, as defined by method EPA test method 1664. (Ord. 2009-003, passed 7-13-09)

Enforcement shall be conducted as specified in § 51.32.

(Ord. 2009-003, passed 7-13-09)

(A) All establishments shall implement Best Management Practices in accordance with the requirements and guidelines established by the city in an effort to minimize the discharge of FOG to the sewer system.

(B) Renderable fats, oils and grease shall not be disposed of in any sewer or FOG Interceptor. All renderable fats, oils and grease shall be stored in a separate, covered, leak-proof, Renderable FOG Container, stored out of reach of vermin and collected by a renderer.

(Ord. 2009-003, passed 7-13-09)