Sacramento Municipal Code Art. II Permitted and Prohibited Discharges

Wastewater may be discharged to the public sewer system provided that the discharge is not prohibited by this chapter and conforms to all other requirements of this code, the current Sacramento regional county district sewer use ordinance, and all other applicable statutes, regulations, ordinances or other governmental requirements, and further provided that all applicable city and district fees and sewer use charges are paid. (Ord. 2005-020 § 2)

A. The following may not be discharged to the public sewer system except as specifically authorized by other provisions of this code:

1. Stormwater, storm drainage, surface water, ground water, roof runoff, subsurface water or cooling water, except for authorized discharges of stormwater and storm drainage to the combined sewer system;

2. Swimming pool water, except as authorized by Section 13.04.520 of this code;

3. Fats, oils and grease in amounts, either alone or in combination with other discharges, that cause: (a) any visible sheen on the surface of the discharged wastewater; (b) any build-up of fats, oils or grease in any portion of the public sewer system; or (c) any obstruction of the public sewer system;

4. Trucked and hauled wastes, except as approved by the director and discharged at authorized locations;

5. Substances that may cause excessive foaming in any portion of the public sewer system;

6. Any solid or viscous substance or particles in a quantity, either by itself or in combination with other wastes, that is capable of obstructing flow or impairing the performance of the public sewer system;

7. Cementitious materials;

8. Flammable liquids, solids or gases capable of causing or contributing to an explosion in the public sewer system, including, but not limited to, gasoline, kerosene, paint thinner, turpentine, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides and chlorates;

9. Any substance that may cause damage, including corrosive structural damage, to any part of the public sewer system;

• 10. Food wastes that cannot pass through a one-fourth inch sieve;
• 11. Any hazardous, infectious or radioactive wastes;
• 12. Any pathogenic or poisonous substances;

13. Any wastewater containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not;

14. Any wastewater having a pH on excess of nine point five;

15. Any substance prohibited by the Sacramento regional county sanitation district sewer use ordinance;

16. Any discharge that results in or contributes to a violation of any applicable water quality plan, water quality standard or National Pollution Discharge Elimination System (NPDES) permit.

B. The foregoing discharge prohibitions are not exclusive and shall be in addition to any prohibitions or requirements specified in any other provision of this code or by any other applicable statute, regulation, ordinance or other governmental requirement. (Ord. 2005-020 § 2)

Any person owning or occupying premises in the city who has knowledge of any discharge from the premises that is prohibited by the provisions of this article and that has entered or will enter the public sewer system, shall immediately take all reasonable action to contain and abate the discharge and shall notify the department within twenty-four (24) hours of the discharge. (Ord. 2005-020 § 2)

A. Abatement.

1. Any discharge or condition violating any of the provisions of this article is a threat to the public health, safety or welfare and constitutes a public nuisance.

2. The enforcement official may commence and carry out proceedings for the abatement of any discharge or condition violating any provision of this article, in accordance with the provisions of Article V and Article VI of Chapter 8.04 of this code, commencing with Section 8.04.110 of this code.

3. When, in the opinion of the enforcement official, any discharge from any source to the public sewer system causes or threatens to cause a condition that presents an imminent hazard to the public health, safety, welfare, the environment or a violation of a NPDES permit, the enforcement official may summarily abate the condition in accordance with the provisions of Article VII of Chapter 8.04 of this code, commencing with Section 8.04.330 of this code.

4. The owner of any property in the city from which is made a discharge in violation of this article shall be liable for the costs incurred by the city for any abatement, clean-up or restoration, including any related inspection and testing costs, arising from the discharge, and the cost therefor shall be invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, the enforcement official may commence proceedings for recovery of these costs in accordance with the provisions of Article VIII of Chapter 8.04 of this code, commencing with Section 8.04.370 of this code.

B. Civil Actions. In addition to any other remedies or penalties provided in this chapter, the city attorney may bring a civil action for any violation of this chapter. In any such action, the city may seek, as appropriate, any or all of the following remedies:

1. A temporary and/or permanent injunction;

2. Assessment of the violator for the costs of any investigation, inspection, testing or monitoring related to the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

3. Costs incurred in removing, correcting, abating, cleaning up or terminating the adverse effects resulting from the violation;

4. General and/or special damages resulting from the violation;

5. Payment or reimbursement of any governmental fines or penalties imposed on the city as a result of the violation;

6. Civil penalties imposed either on a daily basis or a per gallon basis, but not both, for any discharge to the public sewer system prohibited by any provision of this chapter. Civil penalties imposed on a daily basis shall not exceed five thousand dollars ($5,000.00) for each day or portion of a day that the discharge occurs, and civil penalties imposed on a per gallon basis shall not exceed ten dollars ($10.00) for each gallon of the discharge. The amount of civil penalties imposed shall be determined by taking into consideration some or all of the following factors: the nature, circumstances, extent, and gravity of the discharge, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on its ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, the economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.

C. Criminal Violations.

1. Any violation of this article shall be punishable as a misdemeanor.

2. The enforcement official shall have and is vested with the authority to arrest or cite and release any person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanors or infractions as described by Chapters 5, 5(c), and 5(d) of Title 3, Part 2 of the California Penal Code, including Section 853.6 (as the same may hereafter be amended). It is the intent of the city council that the immunities prescribed in Section 836.5 of the California Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.

D. Administrative Penalties. In addition to any other remedy or penalty set forth in this title of this code, administrative penalties may be imposed pursuant to Title 1 of this code against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this article. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Title 1 of this code.

E. Remedies Cumulative. The foregoing remedies and penalties are in addition to and do not supersede or limit any and all other remedies and penalties, civil or criminal, including any remedies or penalties: (1) authorized for violations of the Federal Clean Water Act or Porter-Cologne Water Quality Control Act, or (2) provided for under any ordinance or regulation of another public agency operating sanitary sewer facilities in the city. The remedies and penalties provided for herein shall be cumulative and not exclusive. (Ord. 2005-020 § 2)

The requirements set forth herein are minimum standards and this chapter not imply that a wastewater discharge that complies with this chapter will necessarily comply with all other applicable statutes, regulations, ordinances or other governmental requirements. This chapter shall not create or impose any liability on the city, its officers or employees for any damages that result from reliance on this code or any administrative decision lawfully made hereunder. (Ord. 2005-020 § 2)

Discharges to the storm drain system are governed by the provisions of Chapter 13.16 of this code, in addition to any other applicable statutes, regulations, ordinances or other governmental requirements. (Ord. 2005-020 § 2)