South Pasadena Municipal Code Art. I Definitions, Prohibitions and General Provisions

As used in this chapter, the following terms are defined in this section:

(a) “Best management practices” mean schedules of activities, prohibitions of practices, maintenance procedures and other management practice to prevent or reduce the introduction of FOG to the sewer facilities.

(b) “Director” means the director of the department of public works.

(c) “Discharger” means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer.

(d) “Fats, oils, and grease (“FOG”)” mean any substance, such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

(e) “FOG wastewater discharge permit” or “discharge permit” means a permit issued by the city subject to the requirements and conditions established by the city authorizing the permittee or discharger to discharge wastewater into the city’s facilities or into sewer facilities which ultimately discharge into a facility.

(f) “Food grinder” means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing it in the sewer system.

(g) “Food service establishment (“FSE”)” means facilities defined in California Uniform Retail Food Facility Law (CURFFL) Health and Safety Code section 113785, and any commercial or public entity within the boundaries of the city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in CURFFL. A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

(h) “Grease control device” means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. A grease control device may also include any other proven method to reduce FOG subject to the approval of the director.

(i) “Grease disposal mitigation fee” means a fee charged to an owner/operator of a FSE, as provided in this chapter, when there are physical limitations to the property that make the installation of the usual and customary grease interceptor or grease control device for the FSE under consideration impossible.

(j) “Grease interceptor” means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a FSE and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next.

(k) “Grease trap” means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible.

(l) “Inspector” means a person authorized by the city to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities.

(m) “Local sewering agency” means any public agency or private entity responsible for the collection and disposal of wastewater to the city’s sewer facilities duly authorized under the laws of the state of California to construct and/or maintain public sewers.

(n) “Permittee” means a person who has received a permit to discharge wastewater into the city’s sewer facilities subject to the requirements and conditions established by the city.

(o) “Public agency” means the state of California and/or any city, county, special district, other local governmental authority or public body of or within this state.

(p) “Public sewer” means a sewer owned and operated by the city, or other local public agency, which is tributary to the city’s sewer facilities.

(q) “Regulatory agency” means those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to:

(1) United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA);

(2) California State Water Resources Control Board (SWRCB);

(3) California Regional Water Quality Control Board, Los Angeles Region (Los Angeles RWQCB);

(4) South Coast Air Quality Management District (SCAQMD);

(5) California Department of Health Services (DOHS).

• (r) “Sewage” means wastewater.

(s) “Sewer facilities” or “system” means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge operated by the city.

(t) “Sewer lateral” means a building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building’s wastewater facilities and a public sewer system.

(u) “Significant remodel” means an FSE that conducts any remodeling to a FSE which involves construction valued at ten thousand dollars or more requiring a construction permit.

(v) “Sludge” means any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.

(w) “Waste” means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.

(x) “Wastewater” means the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. (Ord. No. 2186, § 2, 2009.)

(a) No person shall act, or cause or permit any agent, employee, independent contractor or third party to act to construct, maintain, operate or utilize any wastewater system connection without a permit (“illicit connection”). The prohibition against illicit connection shall apply irrespective of whether the illicit connection may have been established prior to the date of enactment of the ordinance codified in this chapter, so long as the connection was illicit when established.

(b) No person shall act, or cause or permit any agent, employee, independent contractor or third party to act to cause, allow or facilitate any prohibited discharge. Nor may any person act to impair the useful functioning of such drain, channel, or natural watercourse or act to cause a public nuisance, public hazard or detrimental pollution of natural surface or subsurface water. Any excessive sewer or sewerage maintenance expenses or any other expenses attributable thereto shall be paid by the responsible entity or person.

(c) It is unlawful for any person to discharge to the wastewater system any wastewater, waste, rainwater or other unpolluted water that is prohibited by CSDLA’s wastewater ordinance or causes a violation of stormwater regulations or any requirements of the Regional Water Quality Control Board, Los Angeles Region. These prohibitions include, but are not limited to, prohibited rainwater, groundwater and other water discharges; prohibited industrial wastewater discharges; discharges which cause excessive sewer maintenance; prohibited and restricted waste discharges; medical and infectious wastes; and radioactive wastes.

(d) It is unlawful for any person to discharge or cause to be discharged any industrial wastewaters directly or indirectly to wastewater system owned by the city without first obtaining a permit for industrial wastewater discharge from the county sanitation districts of Los Angeles (CSDLA). When required by the CSDLA, this permit shall be obtained prior to commencement of any construction of new or modified facilities which will discharge industrial wastewater to the sewer.

A violation of these prohibitions shall occur irrespective of the intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. (Ord. No. 2186, § 2, 2009.)

All pipes, drains and fixtures whatsoever within any building and to a point two feet outside thereof, as well as all septic tanks and cesspools and their connections to the house drains, shall be under the jurisdiction of the building inspector. The jurisdiction of the building inspector over sewer connections shall extend from a point two feet outside of the exterior wall served by such connection to the public right-of-way or easement. The city engineer shall have jurisdiction within the public right-of-way or easement. (Ord. No. 2186, § 2, 2009.)

It is unlawful for any person to connect any drain or pipe with any city sewer, or discharge any drainage therein, without a permit to do so being first obtained from the city engineer, who shall charge and collect for each such permit the sum as set and adjusted by resolution of the city council. Each permit shall indicate the place at which the connection is to be made and the property to be connected, and it shall be unlawful to make any such connection with any public sewer at any other place than that designated in the permit.

Every connection made with any public sewer of the city shall be made in accordance with the engineering and public works department’s standard plans and specifications.

No sewer connection shall be covered or concealed in any way until it has been inspected and approved by the director or authorized representative.

The applicant shall have the required sewer installation performed by a contractor licensed by the state to perform this type of work. Complete engineering shall be by a registered civil engineer licensed in the state, and shall include the submission of a full set of detailed improvement plans of a scale acceptable to the director, along with appropriate plan check and inspection fees. The director reserves the right to require the contractor to televise the mains at the applicant’s expense to determine acceptability. Any changes in installation shall have prior approval of the director, and the applicant shall furnish the director a complete set of as-built plans at the completion and acceptance of the installation.

The property owner shall be responsible for the construction, maintenance and repairs of all private property sewer connections to the public sewer. (Ord. No. 2186, § 2, 2009.)

Pipe with which a sewer connection is made must be at least four feet below the established grade of the street at the property line. In all cases, the line of the pipe must be straight from the property line to the wye connection at the sewer main unless otherwise approved by the city engineer. Where a wye connection cannot be found, saddling may be permitted upon approval of the city engineer. (Ord. No. 2186, § 2, 2009.)

It is unlawful for any person to connect any roof drain, cellar drain or any other drain carrying stormwater with any public sewer. (Ord. No. 2186, § 2, 2009.)

It is unlawful for any person, except a properly authorized official or employee of the city, to remove any covering to any manhole or flush tank connected with any sewer in the city. (Ord. No. 2186, § 2, 2009.)

Whenever the city engineer finds that a sewer connection permit has been requested by, or on behalf of, the owner of any real property within the city, which property has not borne its just share of the original cost of the installation and construction of the public sewer to which the sewer hook-up is desired, either by means of an assessment district proceeding contract, voluntary contribution, or otherwise, a fee shall be charged for such permit. Such fee shall be established by resolution. (Ord. No. 2186, § 2, 2009.)

Any person aggrieved by the decision of the city engineer relative to the amount of connection fee assessed to a particular property may appeal such determination to the city council by filing a written notice of appeal with the city clerk. At the time set for the hearing, the city council shall determine whether the proposed fee is just and reasonable under all of the circumstances applicable to the case. The decision of the city council shall be final and conclusive. (Ord. No. 2186, § 2, 2009.)

The moneys obtained from sewer connection fees shall be placed in a special fund known as the “sewer fund.” Money from the sewer fund shall be appropriated only for the planning, acquisition, construction, reconstruction, maintenance and operation of sewerage facilities, to repay principal and interest on general obligation bonds issued for the construction or reconstruction of such sewerage facilities, and to pay federal or state loans or advances made for the construction or reconstruction of sewerage facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals, as distinguished from main trunk, interceptor and outfall sewers. (Ord. No. 2186, § 2, 2009.)

(a) Charges collected, as established by the ordinance codified in this section, will be used to reimburse the city for costs of regulating the construction of sewers, the interception of sewage and wastes, and to control wastewater to provide the maximum public benefit of the sewage disposal facilities of the city.

(b) Service charges and fees shall be fixed from time to time by resolution of the city council.

(c) Bills for sewer services are due and payable upon presentation with the water bill and shall become delinquent in the same manner and at the same time.

In the event any bill shall become delinquent, enforcement of payment shall be made in the same manner as with water service delinquencies. Payment shall be made at the water department in person or by mail.

(d) There is established a sewerage fund to be administered by the director of finance. All taxes received pursuant to this part shall be used only for the acquisition, construction, reconstruction, maintenance and operation of city sewerage facilities. (Ord. No. 2186, § 2, 2009.)