San Leandro Municipal Code Ch. 5 Uniform Wastewater Discharge Regulations

The following definitions and the definitions contained in Chapter 3-14 of the San Leandro Municipal Code, shall govern the construction of this Chapter.

Accessory Dwelling Unit.

An Accessory Dwelling Unit (ADU) is a secondary dwelling unit built on a parcel with an existing Single-Family Dwelling with complete independent living facilities for one or more persons. An ADU can take three forms: detached structure, attached structure, repurposed existing space. For the purposes of this Code, there can be only one ADU per parcel, and the existence of an ADU does not change the status of the Single-Family Dwelling. If more than one ADU is created on the lot, all ADUs convert to Single-Family Dwellings.

Billable Parameters.

Those parameters (i.e., flow, BOD, SS, Volume, I/I) for which the treatment works is designed to treat and for which average user charge unit costs of service are calculated.

BOD.

The biochemical oxygen demand (BOD) is a laboratory test in which standardized procedures are used to determine the oxygen requirements of wastewater. The BOD test measures the oxygen required for the biochemical degradation of organic material. The test results represent the average BOD strength of wastewater discharged during a given period.

Capacity Rights.

The flow, BOD and SS capacity purchase by a user upon obtaining a connection permit, or, if such data are not available, the peak month loadings of a user during the past five fiscal years or some prior year when it can be shown to the satisfaction of the Manager that some prior year's peak month loadings are more representative of a user's use of the wastewater system than occurred over the five year period.

Commercial User.

Any non-residential user, including business activity that is not otherwise classified, and that the Manager determines introduces into the sanitary sewer system primarily segregated domestic waste or wastes from sanitary conveniences.

Compliance User.

An industrial user which is monitored to determine compliance with both the Federal regulations of the Clean Water Act and the City's local wastewater discharge ordinance.

Flow.

The volume of wastewater occurring over time.

Industrial User.

Any non-residential user who discharges industrial wastes and is identified in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as now or hereafter amended or supplemented under, but not limited to, the following division:

(1)

Division A. Agriculture, Forestry, Fishing.

(2)

Division B. Mining.

(3)

Division C. Manufacturing.

(4)

Division E. Transportation, Communications, Electric, Gas, and Sanitary Services.

(5)

Division I. Services.

Industrial Wastes.

The wastes from industrial processes.

Institutional Users.

Schools, hospitals, and government facilities.

Large User.

An industrial user or a non-residential user discharging industrial quantities of flow, BOD, and/or Suspended Solids as determined by the Manager.

Manager.

The San Leandro City Manager or designee.

MGD.

Million gallons per day.

Multiple-Family Dwelling Unit.

Any residential unit designed to house one family in a building containing more than two such units, including triplexes, quadplexes, and apartments. For the purpose of this Code, mobile homes located in a mobile home park shall be considered multiple-family dwellings.

Normal Work Days.

Except as provided below, normal work days shall be defined as the normal 5-day work week of Monday through Friday less holidays. For User's normal work days to exceed 5 days a week, the flow from the sixth and/or seventh day must approximate the average daily flow of the 5-day work week.

Residential Discharge Equivalency.

A unit of discharge equal in volume and strength to the design discharge of a single-family dwelling unit, as determined in the most recent rate study.

Residential User.

Any user introducing into the sewerage system domestic wastes from single-family, accessory or multiple-family dwellings.

Schools.

Any public or private institutions of learning that introduce into the City's sewerage system primarily segregated domestic waste or wastes from sanitary conveniences.

Service User.

An industrial user or a non-residential user whose wastewater discharge is monitored in order to determine flow, BOD, and/or SS.

Single-Family Dwelling.

Any residential unit designed to house one family and not herein defined as multiple-family; duplexes and mobile homes not located in mobile home parks and condominiums shall be considered single-family.

SS (Suspended Solids).

Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are largely removable by laboratory filtration procedures.

User.

A discharge of wastewater to the sanitary sewer system.

User Charge.

A charge levied on a user of the sewage system which recovers operation and maintenance expenses and capital costs in proportion to the cost of service.

Violation Follow-Up Monitoring.

Wastewater discharge monitoring for an industrial user or a non-resident user whose wastewater discharge has exceeded wastewater discharge limitations.

Volume.

The wastewater flow occurring over a specified period of time.

The user is the occupant or intended occupant or activity for which a connection is made to convey wastewater to the sanitary sewer system. The classifications of users shall be:

(a) Classification A. Residential dwelling units; includes single-family dwelling units (detached units; duplexes, condominiums), accessory dwelling units and multiple-family dwelling units (triplexes, quadplexes, apartments, mobile home parks).

(b) Classification B. All general commercial, industrial, and institutional establishments from which only sewage is discharged.

(c) Classification C. All non-residential establishments whose wastewater discharge contains all or partly non-sewage water, and who are identified in the Standard Industrial Classification Manual (SIC) Manual, 1987, U.S. Office of Management and Budget as amended and supplemented.

Every user shall pay the following monthly sewer use charge, but in no case shall the total charge be less than the effective rate for a multiple-family dwelling unit.

(a) For Classification A Users. The user charge shall be as listed in San Leandro Administrative Code § 6.4.100. The charge shall be based upon a flat rate determined by the methods described in these Uniform Wastewater Discharge Regulations per single-family dwelling unit, accessory dwelling unit or multiple-family dwelling unit.

(b) For Classification B Users. The user charge shall be as listed in San Leandro Administrative Code § 6.4.100. The charge shall be based upon the volume of water used as determined by the methods described in these Uniform Wastewater Discharge Regulations.

(c) For Classification C Users. Industrial and other large users shall be assessed user charges based on measured discharges of wastewater flow, BOD, and SS. Such measurement shall be obtained from monitoring facilities installed on private property at the points of discharge to the sewer system, unless another location is approved by the Manager. Both installation and operating costs of the monitoring facilities shall be at the sole expense of the user. Frequency of monitoring shall be determined by the Manager. Sampling and testing shall be performed by City staff and shall be paid for by the user in accordance with San Leandro Administrative Code § 6.4.100. In the event that City staff are unable to take samples and make tests during a billing period, an average of the test results for the prior twelve-month period shall be used to estimate BOD and SS discharges for the billing period. The Manager shall have the discretion of not using an unusually high measurement if it is judged to be unrepresentative of a user's long-term use of the wastewater system and/or can be explained by a one-time event.

(a) Any person (whether a new or existing user) who installs new or additional fixtures, equipment, processes or devices, including provisions for future installation, which will add (either in fact or potential) wastewater load to the sanitary sewer system shall pay to the City a "Capacity Fee" as determined by the conditions and formula hereinafter enumerated. No plumbing permit shall be issued nor shall any connection be made to the sanitary sewer system until the applicable capacity fee has been paid.

(b) The capacity fee for residential dwelling units shall be the appropriate unit cost as listed in San Leandro Administrative Code § 6.4.100.

The capacity fee for converting an existing apartment building to condominium units shall be as listed in San Leandro Administrative Code § 6.4.100. Non-residential users shall be assessed capacity fees based on the estimated average day of their peak month discharge according to the unit cost schedule as listed in San Leandro Administrative Code § 6.4.100, but in no case shall the fee for a new connection be less than the single-family Residential discharge equivalency.

(c) A capacity fee adjustment may be made at the end of one year of service for all non-residential users to reflect the actual wastewater discharge based on monitored wastewater discharged or metered water usage adjusted for volume not discharged to the sanitary sewer system. If the estimated wastewater discharge is low, an additional capacity fee shall be assessed. If the estimated wastewater discharge is high, the City shall issue a refund to the user.

(d) The City reserves the right to make an additional capacity fee assessment for an existing sewer connection if the peak month flow or strength of discharge is increased above that flow or strength upon which the original capacity fee was based.

(e) Capacity fee receipts shall be deposited into a separate reserve account to be used for future treatment facility expansion projects, or if no future expansion is required, these funds may be used to finance other treatment facility improvement projects or to retire the State Revolving Fund Loan.

(f) Each sewer permit issued as herein provided, and the right to a sewer connection pursuant to any such sewer permit so issued, shall run with the land, and shall not be transferred to, or used for, any other property other than the property for which the sewer permit was originally issued.

(g) All sewer rates, charges, and fees as herein provided shall be non-refundable.

(h) The Sanitary Sewer Capacity Fee shall be modified each July 1st or on the date set by City Council by an amount less than or equal to the percentage change in the ENR 20 City Index as published by Engineering News-Record from the preceding one-year period. City Council may also change the fee to other amounts as appropriate.

(a) Reference is made to the Chapter 3-14, Uniform Wastewater Discharge Regulations, of the San Leandro Municipal Code. All references herein to "Regulations" shall be to the aforementioned regulations.

(b) The Regulations require that Major Contributing Industries, as defined in § 3-14-200 of the Regulations, connected to or discharging into the City sewer must obtain a Pretreatment Permit.

(c) § 3-14-520 of the Regulations lists standard permit conditions.

(d) Applications for the Pretreatment Permit will be kept on file by the City. Major Contributing Users shall be issued a permit upon completion of the application.

(e) Upon receipt of the completed application, City staff will schedule an inspection of each applicant's facility. This will verify and complete the information provided on the application.

(f) Upon issuance or renewal of the permit, a permit fee as set forth in San Leandro Administrative Code § 6.4.100 shall be charged.

(g) A condition of any Pretreatment Permit shall be the requirement that the permittee pre-treat the wastewater to acceptable limits for conventional pollutants, as described in applicable Federal, State and/or City regulations.

(Res. No. 2024-061, 6/17/2024 [24.5.100-24.5.120])