San Joaquin Municipal Code Ch. 52 Sewers

Section

General Provisions

Fee and Charges

Discharges

Cross-reference: Utilities Billing and Collection, see Chapter 53

GENERAL PROVISIONS

A City Sewer Department is created, which Sewer Department shall be under the supervision of the City Superintendent of Public Works. All residences and commercial buildings within the city shall be connected to the city sewer system as soon as service therefrom is available.

(1994 Code, § 13.20.010) (Ord. 78-105, passed - -1978)

This chapter shall be interpreted in accordance with the definitions set forth in § 52.03 of this chapter. The provisions of this chapter shall apply to the direct or indirect discharge of all liquid carried wastes to the city sewer facilities. This chapter among other things provides for the regulations of sewer construction in areas within the city, the quantity and quality of discharged wastes, the setting of waste discharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction and the establishment of penalties for violation of this chapter.

(1994 Code, § 13.20.020) (Ord. 78-105, passed - -1978)

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

AD VALOREM TAX. The tax levied for the benefit of the city on the assessed value of property within its boundaries.

ASSESSED VALUE. A portion of the total assessed value of the property upon which city taxes are levied.

BOD or BIOCHEMICAL OXYGEN DEMAND. The measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at 20ºC. and as determined by the appropriate procedure in Standard Methods.

CHLORINE DEMAND. The difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a 30-minute period as determined by the procedures given in Standard Methods.

CITY. The City of San Joaquin, Fresno County.

CITY COUNCIL. The City Council of the City of San Joaquin.

CITY ENGINEER. The City Engineer of the city or his or her duly authorized deputy or agent.

COD or CHEMICAL OXYGEN DEMAND. The measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in Standard Methods.

DEPARTMENT. The City Sewer Department.

DISCHARGER. Any person that discharges or causes a discharge to a public sewer.

DISSOLVED SOLIDS or DISSOLVED MATTER. The solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedure in Standard Methods.

DOMESTIC WASTEWATER. The water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

EFFLUENT. The liquid outflow of any facility designed to treat, convey or retain wastewater.

HOUSE CONNECTION. The sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater.

INDUSTRIAL CONNECTION SEWER. The sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.

INDUSTRIAL WASTEWATER. All water-carried wastes and wastewater of the community excluding domestic wastewater and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

INSPECTOR. Person authorized by the city to inspect wastewater generation, conveyance, processing and disposal facilities.

LATERAL SEWER, COLLECTING SEWER or MAIN LINE SEWER. The public sewer usually eight inches or larger in diameter and used to collect wastewater from house connection and industrial connection sewers and transport it to trunk sewers. Lateral, collecting or main line sewers are normally built and maintained by the local sewering agency.

LOCAL SEWERING AGENCY. The City of San Joaquin.

MAY. Permissive.

ORDINANCE. Unless otherwise specified, this chapter.

PERSON. Any individual, partnership, committee, association, corporation, public agency and any other organization or group of persons, public or private.

PUBLIC CORPORATION. This state and any political subdivision thereof, any incorporated municipality therein, any public agency of the state or any political subdivision thereof, or any corporate municipal instrumentality of the state.

PUBLIC SEWER. Any sewer dedicated to public use and whose use is controlled by a public corporation.

SECTION. A section of this chapter.

SEWAGE. Wastewater.

SEWAGE PUMPING PLANT. Any facility designed and constructed to raise wastewater in elevation or to overcome head losses due to pipeline friction.

SEWERAGE. Any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.

SEWERAGE SYSTEM. A network of wastewater collection and conveyance facilities interconnected by sewers and owned by the public corporation.

SHALL. Mandatory.

SOLID WASTES. The nonliquid carried wastes normally considered to be suitable for disposal sites.

STANDARD METHODS. The current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association.

SUPERINTENDENT. The City Superintendent of Public Works.

SUSPENDED SOLIDS or SUSPENDED MATTER. The insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in Standard Methods.

TRUNK SEWER. A sewer constructed, maintained and operated by the public corporation that conveys wastewater to treatment facilities and into which lateral and collecting sewers discharge.

UNCONTAMINATED WATER. Any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to a storm water drainage system.

USER. Discharger, see above.

WASTEWATER. The water-carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater. Rainwater, ground water or drainage of uncontaminated water is not wastewater.

(1994 Code, § 13.20.030) (Ord. 78-105, passed - -1978)

The City Sewer Department builds and operates local wastewater collecting systems within the area. The following basic Department policies apply to liquid waste discharges within the service area boundaries. Generally, liquid wastes originating within the city boundaries will be removed by the city's collection system provided the wastes will not damage structures, create nuisances such as odors, menace public health, impose unreasonable collection, treatment or disposal costs on the city, interfere with wastewater treatment processes, exceed quality requirements set by regulatory government agencies, or detrimentally affect the local environment. The highest and best use of the city sewerage system is the conveyance of domestic wastewater. The use of the city's sewerage system for industrial wastewater discharges is not covered in this chapter and is subject to future negotiation and regulation by the City Sewer Department.

(1994 Code, § 13.20.040) (Ord. 78-105, passed - -1978)

Except as otherwise provided in this chapter, the City Superintendent of Public Works, hereinafter called Superintendent, shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to persons acting in the beneficial interest of or in the employ of the city.

(1994 Code, § 13.20.050) (Ord. 78-105, passed - -1978)

(A) The Superintendent will approve plans for sewerage construction and issue a permit under this subchapter only if it appears to the Superintendent that the sewerage construction, sewer connection or other procedure conforms to the requirements of this chapter.

(B) If requested to do so, the Superintendent will issue an inspection certificate indicating satisfactory completion of required work, when all work required by the approved plans or permit has been completed and approved by the City Inspectors. All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate.

(C) The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him or her pursuant to this subchapter.

(1994 Code, § 13.20.060) (Ord. 78-105, passed - -1978)

Approval of plans for sewerage construction are not transferable from one person to another person or from one location to another location.

(1994 Code, § 13.20.070) (Ord. 78-105, passed - -1978)

Any time limit provided in any written notice or in any provisions of this chapter may be extended only by a written directive of the City Superintendent of Public Works.

(1994 Code, § 13.20.080) (Ord. 78-105, passed - -1978)

Adequate identification shall be provided by the Superintendent for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the City Sewerage System may be made by the Superintendent as he or she deems necessary. Inspecting may be made to determine that the facilities are maintained and operated properly and are adequate to meet the provisions of this chapter. Access to all the facilities or to other facilities directly or indirectly connected to the City Sewerage System shall be given to authorized personnel of the city at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Superintendent and shall not be replaced. No person shall interfere with, delay, resist or refuse entrance to an authorized City Inspector attempting to inspect any wastewater generation, conveyance or pumping facility connected directly or indirectly to the City's Sewerage System.

(1994 Code, § 13.20.090) (Ord. 78-105, passed - -1978)

Any permit applicant, permit holder or other discharger adversely affected by any decision, action or determination made by or on behalf of the city in interpreting or implementing the provisions of this chapter or any permit issued hereto, may file with the city a written request for reconsideration. The request shall be acted upon by the Superintendent 45 days from the date of filing. If the ruling made by the Superintendent is unsatisfactory to the person requesting reconsideration, the person may make a written appeal to the City Council within 45 days after notice of the action taken by the Superintendent. The written appeal shall state all the pertinent aspects of the matter, and shall be accompanied by a fee of $100 which shall be refunded if the appeal is sustained. Within 45 days after the written appeal is received, the City Council shall hold a hearing on this matter. At this hearing, the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in his or her own behalf. Notice of the hearing shall be given in accordance with § 51.002 at least 15 days prior to the date of hearing. Within 45 days after the hearing is closed, the City Council shall make a final ruling on the appeal.

(1994 Code, § 13.20.100) (Ord. 78-105, passed - -1978)

Editor's note:

This section is currently undergoing review and revision by the city

No person, other than employees of the city or persons contracting to do work for the city shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer over six inches in diameter, sewerage pumping plant or other sewerage facility within the city where existing or proposed wastewater flows will discharge directly or indirectly to facilities of the city without first obtaining approval of sewerage construction plans from the Superintendent. The applicant shall submit to the Superintendent for approval, construction plans and the specifications and other details as required to describe fully the proposed sewerage facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state. Plans for sewerage construction shall not be approved by the Superintendent for any facility which will convey industrial wastewater unless the dischargee has first obtained permission from the City Council. Plans for sewerage construction shall meet all design requirements as established from time to time by the Superintendent. Inspection of all sewerage construction under this section shall be made by city personnel in the manner described in § 52.13. An approval of plans for sewerage construction shall expire one year after date of approval unless construction has been initiated.

(1994 Code, § 13.20.160) (Ord. 78-105, passed - -1978)

Any person desiring to connect a sewer six inches or smaller in diameter directly to a trunk sewer of the city shall make written application to the Superintendent. The applicant shall furnish the additional information, as required by the Superintendent, to substantiate that the proposed work or use will comply with the provisions of this subchapter. Direct attachment of a sewer six inches or smaller in diameter to a trunk sewer will be permitted only if the superintendent determines that a suitable local sewer is not available, that adequate trunk sewer capacity exists, that the connection will function properly and that the connection will not adversely affect existing or anticipated facilities or operations of the City Sewer Department. Sewers six inches or smaller in diameter to be attached directly to a trunk sewer shall be constructed in a manner and at the location specified by the City Sewer Department. Inspection of the connections to a trunk sewer shall be made by personnel of the city in the manner described in § 52.13. No sewer exceeding six inches in diameter shall be connected directly to a trunk sewer without the prior approval of plans for sewerage construction in accordance with § 52.13.

(1994 Code, § 13.20.170) (Ord. 78-105, passed - -1978)

(A) All sewers to be connected directly to a trunk sewer shall be inspected by personnel of the city during construction. At least 48 hours prior to cutting into a sewer, the city shall be notified. In making a connection to a trunk sewer, no physical alteration of the city sewer facilities shall commence until an inspector is present.

(B) (1) Sewer facilities which will not be directly connected to a city sewer will not be inspected routinely by the city during construction. Upon completion of construction and prior to removal of the downstream bulkhead and upon receiving 48 hours notice, the city will inspect the work to determine if it has been constructed in a satisfactory manner and to determine if all facilities are cleaned of construction debris that could be flushed into the sewer system. No wastewater shall be discharged into any sewerage facility tributary to a city facility prior to obtaining inspection and approval of sewage construction by the city.

(2) Following satisfactory completion of construction, the city will issue a construction inspection certificate upon request.

(1994 Code, § 13.20.180) (Ord. 78-105, passed - -1978)

(A) The work of adjusting manholes on the sewer system to new grades will be performed in the presence of city personnel in cooperation with the contractor and in accordance with established procedures of the City Sewer Department.

(B) The person proposing or performing work necessitating the adjustment of manholes to a new grade shall be responsible for notifying the Superintendent in advance of the work and shall pay all costs involved.

(1994 Code, § 13.20.230) (Ord. 78-105, passed - -1978)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the City Sewerage System shall be a violation of this chapter.

(1994 Code, § 13.20.240) (Ord. 78-105, passed - -1978) Penalty, see § 52.99

FEE AND CHARGES

The City Sewer Department shall keep a permanent and accurate account of all fees and charges received under this chapter, giving the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid.

(1994 Code, § 13.20.110) (Ord. 78-105, passed - -1978)

Unless otherwise provided herein, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the Superintendent shall make the determinations in accordance with established estimating practices.

(1994 Code, § 13.20.120) (Ord. 78-105, passed - -1978)

Rates charged shall be as follows.

(A) The charges for basic service, new connections to and increased utilization of existing connections shall all be based upon a unit of service which shall be termed a residential equivalent. For the purpose of this chapter the residential equivalent shall be defined as that service necessary to transport, treat and dispose of an amount of wastewater equal in quantity and quality to the daily amount which can be expected to be discharged from an average single-family residence in the area. In terms of quantity, a residential equivalent shall be any amount from a single connection up to a maximum of 415 gallons per day. In terms of quality, a residential equivalent shall be wastewater which shall not require more treatment than is required for ordinary domestic sewage with a BOD5 equal to 250 mg/l. In the event that the discharge of wastewater through any connection exceeds the above definition of a residential equivalent in either quantity or quality, then the connection shall be charged a basic service charge equal to the established basic charge for a single residential equivalent times the number of residential equivalents contained in the discharge. The Superintendent shall determine the number of residential equivalents for each connection. In the event that the discharger has reason to believe that the number of residential equivalents calculated by the Superintendent are not accurate, the Superintendent shall investigate the connection and make a separate determination of the number of residential equivalents contained in the discharge and report to the City Council who will set the service charge accordingly.

(B) The charge for basic service shall be $4.50 per month for each residential equivalent or portion thereof except that mobile homes shall be charged $3.60 per month.

(C) In the event that a connection shall discharge wastewater to the system in amounts that vary substantially from season to season, then the connection shall pay a basic service charge for the entire year based upon the period of greatest discharge and no reduction shall be allowed for periods of decreased flow.

(D) The minimum service charge shall be that amount established for a residential equivalent in division (B) of this section, except in the case of mobile homes which may be charged an amount less than the basic charge.

(E) Any new connection to the sewer system of the city shall pay a connection charge as set forth in division (F) of this section, plus actual cost to the city for any construction work, materials, meter or other appurtenances furnished by the city in making the connection.

(F) The connection charge which shall be considered to be a partial payment for a proportionate part of the existing facilities shall be according to the following schedule:

(1) Single-family residence: $200 per connection;

(2) Multiple-family residence consisting of two units: $175 per unit;

(3) Multiple-family residence consisting of three or more units: $150 per unit; and

(4) Commercial or industrial connection: The charge shall he or she determined by the future resolution of the City Council acting on the written report and recommendation of the Superintendent. The basic factor to be considered shall be the proportionate contribution that the subject connection will discharge to the sewer facilities in terms of flow and BOD. However, in no event shall the connection charge be less than $200.

(G) Whenever any user already connected to the sewer system of the city shall make a change in the operations conducted on the property, which will result in a significant increase in the amount of capacity required to service the connection, the monthly charge shall be equal to the then current basic service charge times the number of residential equivalents of increased use.

(H) In any case where the volume and/or quality of flow may be in doubt, the city may require that the flow be metered to determine volume and/or sampled from time to time to determine quality.

(I) The rates fixed by this chapter may, from time to time, be modified by resolution of the City Council.

(1994 Code, § 13.20.130) (Ord. 78-105, passed - -1978)

Editor's note:

This section is currently undergoing review and revision by the city

(A) All fees and charges payable under the provisions of this chapter shall be paid to the city.

(B) Revenues derived under the provisions of this chapter shall be used for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sewerage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of the sanitation or sewerage facilities, to repay federal or state loans or advances made to the city for construction or reconstruction of sewerage facilities, to establish a wastewater capital reserve fund as required by the guidelines of the State Water Resources Control Board, and the other lawful purpose as may be determined by the City Council.

(1994 Code, § 13.20.150) (Ord. 78-105, passed - -1978)

DISCHARGES

The city reserves the right to inspect any existing lateral or collection sewers that discharge wastewater directly or indirectly to trunk services. If it is found that the lateral or collecting sewers are improperly used or improperly maintained, thereby causing discharge of septic wastewater, excess ground water, debris or any other objectionable substance to the city sewers, the Superintendent will give notice of the unsatisfactory conditions to the offending discharger and shall direct the condition to be corrected. In cases of continued noncompliance with the city's directive the offender may be disconnected from the city's system.

(1994 Code, § 13.20.190) (Ord. 78-105, passed - -1978)

(A) No person shall discharge or cause to be discharged to a trunk sewer, either directly or indirectly, any waste that creates a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or sewerage facilities of the city.

(B) Any excessive sewer or sewage maintenance expenses or any other expenses attributable thereto will be charged to the offending discharger by the city. Any refusal to pay excessive maintenance expenses duly authorized by the Superintendent shall constitute a violation of this chapter.

(1994 Code, § 13.20.200) (Ord. 78-105, passed - -1978) Penalty, see § 52.99

No industrial wastewaters shall be discharged to a trunk sewer or to a sewer discharging directly or indirectly to a trunk sewer until permission for industrial wastewater discharge has been approved by the City Superintendent of Public Works.

(1994 Code, § 13.20.210) (Ord. 78-105, passed - -1978)

No person shall discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the city sewerage system, the following wastes:

(A) Any gasoline, benzene, naptha, solvent, fuel oil or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewerage system;

(B) Any waste containing toxic or poisonous solids, liquids or gases in the quantities that, alone or in combination with other waste substances. may create a hazard for humans, animals or the local environment. interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system;

(C) Any waste having a pH lower than six or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or physical facilities of the sewerage system;

(D) Any solids or viscous substances of such size or in the quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations;

(E) Any rainwater, storm water, ground water, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water;

(F) Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;

(G) Any nonbiodegradable cutting oils, commonly called soluble oil, which form persistent water emulsions;

(H) Any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products;

(I) Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewerage system;

(J) Any waste with an excessively high concentration of cyanide;

(K) Any unreasonably large amounts of undissolved or dissolved solids;

(L) Any wastes with excessively high BOD, COD or decomposable organic content;

(M) Any strongly odorous waste or waste tending to create odors;

(N) Any wastes containing over one-tenths milligram/liter of dissolved sulfides;

(O) Any wastes with a pH high enough to cause alkaline incrustations on sewer walls;

(P) Any substance promoting or causing the promotion of toxic gases;

(Q) Any waste having a temperature of 120ºF or higher;

(R) Any wastes requiring an excessive quality of chlorine or other chemical compound used for disinfection purposes;

(S) Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type compounds;

(T) Any excessive amounts of deionized water, steam condensate or distilled water;

(U) Any waste containing substances that may precipitate, solidify or become viscous at temperatures between 50ºF and 100ºF;

(V) Any waste producing excessive discoloration of wastewater or treatment plant effluent;

(W) Any garbage or waste that is not ground sufficiently to pass through a three-eighths inch screen;

(X) Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury. cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes;

(Y) Any blow-down or bleed water from cooling towers or other evaporative coolers exceeding one-third of the makeup water;

(Z) Any single-pass cooling water;

(AA) Any excessive quantities of radioactive material wastes; and

(BB) Recognizable portions of the human anatomy.

(1994 Code, § 13.20.220) (Ord. 78-105, passed - -1978) Penalty, see § 52.99

(A) The Superintendent shall notify any person found to be in violation of this chapter or of any limitation or requirement of a permit issued hereunder before any action to implement this chapter and the Superintendent shall take no action until the elapse of ten days from the date notice is given.

(1994 Code, § 13.20.250)

(B) Every person violating any provision of this chapter, including the failure to pay any fees, charges or surcharges imposed hereby, or any condition or limitation of a permit or plan approval issued pursuant thereto, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed $100, imprisonment not to exceed 30 days, or both. Each day during which any violation continues shall constitute a separate offense punishable as provided above.

(1994 Code, § 13.20.260) (Ord. 78-105, passed - -1978)

Editor's note:

This section is currently undergoing review and revision by the city