Tulare Municipal Code Ch. 7.20 Sanitary Sewer System

This chapter sets forth uniform requirements for the direct and indirect use of the Publicly Owned Treatment Works (POTW) of the city in order to comply with all applicable state and federal standards that are established in accordance with the Clean Water Act of 1977, 33 U.S.C. §§ 1251 et seq., as amended, the General Pretreatment Regulations (40 C.F.R. part 403) and all related and applicable federal regulations and grant conditions as they are now constituted or as they may hereafter be amended or recodified. The objectives of this chapter are:

(A) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system;

(B) To prevent the introduction of pollutants into the POTW which will pass through the system inadequately treated or be incompatible with the system;

(C) To ensure that the quality of the wastewater treatment plant effluent and sludge is maintained at a level in compliance with state and federal regulations;

(D) To protect city personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;

(E) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW; and

(F) To provide for fees for the equitable distribution of the costs of construction and operation of the POTW.

(1995 Code, § 7.20.010) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them.

ABBREVIATIONS. The following abbreviations shall have the designated meanings:

(A) BOD. Biochemical oxygen demand.

(B) CWA. Clean Water Act, as amended (33 U.S.C. §§ 1251 et seq.).

(C) C.F.R. Code of Federal Regulations.

(D) EPA. Environmental Protection Agency or any successor agency.

(E) mg/l. Milligrams per liter.

(F) POTW. Publicly Owned Treatment Works.

(G) RWQCB. California Regional Water Quality Control Board, Central Valley Region or any successor agency.

(H) SWDA. Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.).

(I) U.S.C. United States Code.

ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended (33 U.S.C. §§ 1251 et seq.).

APPLICANT. Any person or group of persons who applies for the use of the city’s POTW.

APPROVAL AUTHORITY. California Regional Water Quality Control Board, Central Valley Region, or any successor agency.

APPROVED AUTHORITY. Acceptance by the General Manager as to material, workmanship and type of construction as the results of investigations, inspections or tests conducted by him or her, or by reason of accepted principles or tests by the United States Bureau of Standards, American Society for Testing Materials or other nationally recognized authorities.

AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER.

(A) If the industrial user is a corporation:

(1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

(2) A manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(B) A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;

(C) A director or highest official appointed or designated to oversee the operation, if the industrial user is a federal, state or local government facility; or

(D) A duly authorized representative of the individual designated above, if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

BACKWATER VALVE. Any check or other device to prevent the flow of sewage from the public sewer into the building.

BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general prohibitions, specific prohibitions, and local limits listed in §§ 7.20.470, 7.20.480, and 7.20.495 of this chapter. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°Celsius, expressed in milligrams per liter (mg/l).

BOARD OF PUBLIC UTILITIES. The five Commissioners that control and manage the Department of Public Utilities, as provided in the City Charter.

BUILDING. Any structure erected for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.

BUILDING COURT. Two or more buildings containing four or more dwelling units or two or more commercial and/or industrial buildings on premises or parcel under one ownership and to remain under one ownership.

BUILDING COURT HOUSE SEWER. The extension from the building drain to the building court main sewer, which shall be located within the building lot boundaries.

BUILDING COURT MAIN SEWER. The extension from the building court house sewer to a public sewer or other place of disposal.

BUILDING DRAIN. House drain.

BUILDING SEWER. House sewer.

BYPASS. The intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.

CATEGORICAL INDUSTRIAL USER. All industrial users subject to categorical pretreatment standards.

CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the United States, in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 C.F.R. Ch. I, Subch. N, parts 405–471, as may be amended.

CESSPOOL. An excavation in the ground which receives the discharge of a drainage system, or part thereof, so designed and constructed as to retain the organic matter and solids discharged therein, but permitting the liquids to seep through the bottom and sides.

• CITY. The City of Tulare or its designated representative.

• CITY ATTORNEY. The City Attorney of the City of Tulare.

• CITY BUILDING OFFICIAL. The Building Official for the City of Tulare.

CLASS OF PREMISES. All types of residential, commercial or industrial establishments connected to the city’s wastewater system will be classified into similar classes of dischargers for the purpose of billing and regulations by the City of Tulare’s Board of Public Utilities.

COMPLIANCE DETERMINATION. The sampling and analysis conducted on specific industrial wastes to ascertain compliance with any city code, ordinance or resolution, or with any more stringent applicable federal or state pretreatment standard.

COMPLIANCE SCHEDULE. The period that is allowed by the city in which an industrial user must comply with its permit conditions or discharge requirements.

COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

COOLING WATER. The water that is discharged from any use, such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

COUNTY. The County of Tulare or its designated representatives.

COUNTY HEALTH OFFICER. The Health Officer for Tulare County.

DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where DAILY MAXIMUM LIMITS are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where DAILY MAXIMUM LIMITS are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

DEPARTMENT OF PUBLIC UTILITIES. The Department of Public Utilities, as defined in the City Charter.

DEPARTMENT OF PUBLIC WORKS. The Department of Public Works, as defined in the City Charter.

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

DRAINAGE SYSTEM or DRAINAGE PIPING. All the piping within public or private premises which conveys sewage, or other liquid wastes, to a point of disposal, but shall not include the mains or laterals of a public sewer system.

ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of the agency.

EXISTING FOOD SERVICE ESTABLISHMENT or EXISTING FSE. Any food service establishment that has been in continuous operation since before the effective date of this chapter under the same ownership.

EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.

FOG. Fats, oils, and grease.

FOOD SERVICE ESTABLISHMENTS or FSE. Any facility defined in California Uniform Retail Food Service Establishments Law (CURFFL) § 113785, and any commercial entity discharging into the city sewer system, 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 mechanical exhaust ventilation system, as required in CURFFL § 114296. A limited food preparation establishment is not considered a FOOD SERVICE ESTABLISHMENT 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.

GARBAGE. A putrescible animal, fish, fowl, fruit or vegetable refuse or any part thereof resulting from the preparation, storage, handling, processing or consumption of food.

GENERAL MANAGER. The General Manager of the Department of Public Utilities or his or her duly authorized representative as provided in § 52(e)(4) of the City Charter.

GRAB SAMPLE. 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.

GREASE INTERCEPTOR. 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. This device primarily uses gravity to separate FOG from the wastewater as it moves from one compartment to the next. This device must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.

GREASE REMOVAL DEVICE. 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. GREASE REMOVAL DEVICE may also include any other proven method to reduce FOG subject to approval of the General Manager. A GREASE REMOVAL DEVICE is a form of pretreatment and as such is subject to all regulations pertaining to the installation and maintenance of pretreatment systems as recognized in this chapter and in the General Pretreatment Regulations (40 C.F.R.§ 403).

GREASE TRAP. 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 removal device is determined to be impossible or impracticable.

HOT SPOTS. Areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of the sewer system.

HOUSE DRAIN, BUILDING DRAIN or MAIN DRAIN. That part of lowest horizontal piping of a drainage system which receives the discharge from soil, waste and/or other drainage pipes of any building and conveys same to the house sewer, and shall extend two feet beyond the outer face or edge of the building foundation or footing.

HOUSE SEWER, BUILDING SEWER. The extension from the house drain to the public sewer or other place of disposal, which is not less than two feet from any building or structure foundation or footing.

INDIRECT DISCHARGE or DISCHARGE. The discharge or introduction of pollutants into the POTW from any nondomestic source that is regulated by the city, including without limitation any source regulated under § 307(b), (c), or (d) of the Act.

INDUSTRIAL USER or USER. A source of indirect discharge.

INDUSTRIAL WASTES. Any and all liquid or waterborne wastes from industrial or commercial processes; as distinct from domestic sewage.

INSANITARY. A condition which is contrary to sanitary principles or is injurious to health. Conditions to which the word INSANITARY shall apply include the following, but shall not be limited thereto:

(A) The discharge of sewage to the atmosphere or the ground surface without proper treatment;

(B) Any opening in a drainage system, except where lawful, which would permit the escape of gases or sewage or would permit persons to make physical contact with the sewage;

(C) Faulty septic tanks or drain fields permitting sewage to seep or stand on the surface of the ground; and

(D) Any connection, cross-connection, construction or condition, temporary or permanent, which would permit or make possible by any means whatsoever for any amount of sewage or polluted waters to enter a water distribution system used for domestic purposes.

INSTANTANEOUS 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, either alone or by interaction with other discharges, inhibits or disrupts the system, its treatment processes or operations or its sludge processes, use or disposal and is, therefore, a cause of a violation of any requirement of the city’s water discharge requirements issued by the California Regional Water Quality Control Board, including without limitation any increase in the magnitude or duration of a violation, or of the prevention of the use or disposal by the city of sludge in accordance with the following statutory provisions and regulations: § 405 of the Clean Water Act, the Solid Waste Disposal Act (including Title II, more commonly referred to as the Resource Conservation and Recovery Act and including state regulations that are contained in any state sludge management plan that is prepared pursuant to Subtitle D of the Solid Waste Disposal Act), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act or 40 C.F.R. part 503 (sewage sludge regulations).

LOCAL LIMIT. Any requirement or prohibition against pollutant discharges from any nondomestic user, as established by the city, to address federal, state and local regulations.

LOT. A single or individual parcel or area of land legally recorded, on which is situated a building together with the yards, courts and unoccupied spaces legally required for the building and which is owned by or is in the lawful possession of the owner of the building.

MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

MONTHLY AVERAGE. The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MONTHLY AVERAGE LIMIT. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

MUNICIPAL SEWER SYSTEM or THE SYSTEM. All public sewers heretofore or hereafter constructed and/or owned by the city, including any device or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which transport wastewater to the sewage treatment plant.

NATIONAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.

NEW FOOD SERVICE ESTABLISHMENT or NEW FSE. Any food service establishment that starts operations after the effective date of the FOG Ordinance (§ 7.20.495 of this chapter) regardless whether in a newly constructed building, a remodeled building or using an existing building or space.

NEW SOURCE.

(A) Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards pursuant to § 307(c) of the Act which will be applicable to the source if the pretreatment standards are thereafter promulgated in accordance with the section provided that:

(1) The building, structure, facility or installation is constructed at a site at which no other source is located;

(2) The building, structure, facility or installation totally replaces the process or production equipment that causes a discharge at an existing source; or

(3) The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether or not the new building, structure, facility or installation is substantially independent from the existing source, certain factors, including without limitation the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(B) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or meeting the criteria of divisions (A)(2) or (3) of this definition but otherwise alters, replaces or adds to the existing process or production equipment.

(C) Construction of a NEW SOURCE, as defined under this definition, has commenced if the owner or operator thereof has:

(1) Begun or caused to have begun, as a part of a program of continuous on-site construction that includes:

(a) Any placement, assembly or installation of facilities or equipment; or

(b) Significant site preparation work, including without limitation the clearing, excavation or removal of existing buildings, structures, facilities or installations, which is necessary for the placement, assembly or installation of new source facilities or equipment.

(2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in the operation within a reasonable time. Options to purchase contracts that can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute contractual obligation under this paragraph.

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.

OIL INTERCEPTOR. A device for retaining oil by gravity-differential separation from waste effluent, and of a design and capacity approved by the General Manager.

OUTSIDE SEWER. Sewer lines owned by the city lying outside the city limits.

PASS THROUGH. A discharge that exits the POTW 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 any increase in the magnitude or duration of a violation.

PERMIT. Any written authorization by the General Manager to install or construct sewers or to connect to and discharge to the POTW pursuant to this or any other regulation of the city.

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 substance, expressed in standard units.

PLUMBING CODE. The California Plumbing Code, as adopted in § 4.04.060 of this code.

POLLUTANT. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharge equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes and certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

POTW TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of sewage and industrial waste.

PREMISES. Any lot, piece or parcel of land, any building or other structure or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation.

PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant properties in wastewater prior to or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The 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 FACILITY. Any works or device for the treatment or flow limitation of sewage, liquid waste or industrial waste prior to its discharge into the POTW.

PRETREATMENT REQUIREMENT. Any substantive or procedural requirement that is related to pretreatment, other than a pretreatment standard, that is imposed upon an industrial user.

PRETREATMENT STANDARD or STANDARDS. Prohibitive discharge standards, categorical pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances which are identified in this chapter.

PUBLIC SEWER. Any sewer which is part of the POTW, including any sewer within any street and any outside sewer.

PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works as defined by § 212 of the Act, which is owned by the city. This definition includes any devices and systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW treatment plant. The term also means the municipality as defined in § 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

REGIONAL ADMINISTRATOR. Region IX of the Environmental Protection Agency or any successor agency.

SAND INTERCEPTOR. A device for retaining sand, grit or other mineral material by gravity-differential separation from waste effluent, and of a design and capacity approved by the General Manager.

SANITARY SEWER. A sewer which carries sewage and wastewater, and to which storm, surface and ground waters are not intentionally admitted.

SANITARY SEWER OVERFLOW or SSO. An overflow from the sanitary sewer system of domestic wastewater, as well as industrial and commercial wastewater.

SEPTIC TANK. A watertight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a system of open joint piping, or a seepage pit meeting the requirements of this code.

SEWAGE or SANITARY SEWAGE. Human excrement and graywater (household showers, dishwashing operations, and the like).

SEWER. Pipe or conduit for holding and carrying sewage and wastewater including the manholes and all other appurtenant facilities which are necessary or convenient to the holding or carrying of sewage and wastewater, but shall not include house drain or plumbing within the house.

SEWER CONTRACTOR. A contractor holding a valid license to do sewer work in the city.

SEWER FUND. The sewer/wastewater treatment enterprise accounts created for the collection, treatment and disposal of the city’s domestic, commercial and industrial sewage or wastewater.

SEWER LATERAL. Building sewer.

SEWER MAIN. Public sewer.

SEWER SERVICE. The services and facilities for treatment and disposal of sewage furnished or available to premises by the POTW.

SIGNIFICANT INDUSTRIAL USER.

(A) Except as provided in paragraphs (B) and (C) of this definition, the term SIGNIFICANT INDUSTRIAL USER means any industrial user which:

(1) Is subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N;

(2) Discharges 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling water and boiler blowdown wastewater;

(3) Contributes a process wastewater which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or

(4) Is designated as significant by the city on the basis that the industrial user has reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(B) The General Manager may determine that an industrial user subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N is a non-significant categorical industrial user rather than a SIGNIFICANT INDUSTRIAL USER on a finding that the industrial user never discharges more than 100 gallons per day (GPD) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(1) The industrial user, prior to General Manager’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(2) The industrial user annually submits the certification statement required in 40 C.F.R. § 403.12(q) together with any additional information necessary to support the certification statement; and

(3) The industrial user never discharges any untreated concentrated wastewater.

(C) Upon a finding that an industrial user meeting the criteria of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the General Manager may, at any time, on the General Manager’s own initiative or in response to a petition received from an industrial user and, in accordance with 40 C.F.R. § 403.8(f)(6), determine that the industrial user is not a SIGNIFICANT INDUSTRIAL USER.

SLUG LOAD OR DISCHARGE. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this chapter, or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget, 1972, as amended.

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

STORM SEWER, STORM DRAINS. A pipe which carries storm sewage and drainage, but excludes sanitary sewage and polluted industrial wastes.

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

SUSPENDED SOLIDS. The total suspended matter that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are removable by laboratory filtering; expressed in milligrams per liter (mg/l). This is also called suspended matter in Standard Methods.

TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of § 307(a) of the Act.

TULARE CITY CODE or CODE. The City Code for the City of Tulare.

TWENTY-FIVE PERCENT (25%) RULE. A requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed 25% percent of the design hydraulic depth of the grease interceptor.

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.

(1995 Code, § 7.20.020) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) The General Manager shall be responsible for administering, implementing and enforcing the provisions of this chapter which pertains to:

(1) Direct and indirect contributions to the POTW by residential (domestic) and nonresidential users;

(2) Connection of residential and nonresidential sewers to public sewers;

(3) Residential and nonresidential sewers which connect to public sewers; and

(4) Prepare, disseminate and carry out an Enforcement Response Plan (ERP) as required by the EPA pursuant to 40 C.F.R. § 403.8(f)(5), which shall be consistent with the federal regulations and approved by the applicable Regional Water Quality Control Board of the State of California.

(B) Any powers granted to or duties imposed upon the General Manager may be delegated by the General Manager.

(C) The County Health Officer or if designated, the General Manager, shall be responsible for the enforcement of provisions which pertain to the correction or abatement of insanitary conditions which present an immediate threat to life and health.

(1995 Code, § 7.20.030) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the General Manager 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.

(A) 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 General Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

(B) The General Manager shall have the right to set up on the user’s property, or require installation of, the devices as are necessary to conduct sampling and/or metering of the user’s operations.

(C) The General Manager 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 to ensure their accuracy, according to the frequency required in the user’s permit.

(D) 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 General Manager and shall not be replaced. The costs of clearing the access shall be borne by the user.

(E) Unreasonable delays in allowing the General Manager access to the user’s premises shall be a violation of this chapter.

(F) The aforesaid officers and their authorized agents shall have the right of entry, during usual business hours, and at any time when, upon reasonable cause, they believe there is an immediate hazard to life, health or property, to inspect any and all buildings and premises in the performance of their duties. The aforesaid officers and their authorized agents shall have the right to take independent samples of any discharge from any industrial user to determine compliance with this chapter.

(1995 Code, § 7.20.040) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

If the General Manager 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 chapter, 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 verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the General Manager may seek issuance of a search warrant from the appropriate judicial officer.

(1995 Code, § 7.20.045) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Whenever any construction or condition regulated by this chapter is dangerous, unsafe, insanitary or a menace to life, health or property or is in violation hereof, the responsible officer shall order any person using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use of or maintenance thereof or to repair, alter, change, remove or demolish same as he or she may consider necessary for the proper protection of life, health or property.

(B) Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises, in which such condition exists, and shall specify the date or time when the order shall be complied with, which time shall allow a reasonable period in which the order can be complied with by the person receiving the order, but shall never exceed the maximum period for which the construction can be safely used or maintained in the judgment of the officer. Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this chapter.

(1995 Code, § 7.20.050) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The existence of any construction or condition of plumbing or sewers on any premises within the city which is found to be dangerous, unsafe, insanitary or a menace to life, health or property and an immediate hazard thereto, is hereby declared to be a public nuisance and shall be corrected or abated as hereinafter provided. Without limiting the foregoing declaration, a public nuisance is hereby declared to include any sewer or plumbing or other construction or contrivance from which sanitary sewage or gases or moisture therefrom is emitted or escapes in quantity sufficient to pollute or threaten to pollute, the air or soil so as to attract or proliferate insects or rodents or to spread disease or to contaminate water supplies or to otherwise endanger the life or health of persons or domestic animals or livestock.

(1995 Code, § 7.20.060) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

In the event the county’s Health Officer determines or, upon reasonable cause, believes that the hazard to life, health or property is so immediate and urgent that time does not permit the giving of notice, the county’s Health Officer shall forthwith cause the public nuisance to be abated or corrected. The work of abatement or correction may be done by employment of a contractor, or by city forces, in the discretion of the responsible official, and he or she may call upon the Department of Public Works or other department of the city to perform the work. The costs thereof shall be a charge upon and paid from the Sewer Fund.

(1995 Code, § 7.20.070) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Upon correcting or abating any public nuisance as heretofore provided, the responsible official shall file a written report with the City Clerk, together with any supplementary reports he or she may desire to file, and a brief report on the abatement or correction itemizing the costs of the abatement or correction. The City Clerk shall then set the matter of confirmation of the abatement and costs thereof and assessment of the costs upon the parcel or parcels of real property upon which the public nuisance was located for hearing before the Board of Public Utilities at a regular meeting not later than 30 days after receipt of the reports and shall cause notice thereof to be given as hereinafter provided. Notice of the hearing shall be in writing and shall describe the real property by reference to the street and street number address or other commonly used designation and also by reference to the Tulare County Assessor’s description on the last equalized assessment roll, shall state the time, date and place of hearing and shall refer to the reports on file with the Clerk for further particulars. Notice shall be delivered personally or sent by ordinary mail addressed to the owner at his or her address as shown on the last equalized assessment roll or as otherwise known to the Clerk, and shall be posted on a conspicuous place upon the front of the premises. Service of notice by mail shall be deemed completed upon deposit in the mail. Notice shall be given at least ten days prior to the hearing.

(1995 Code, § 7.20.080) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

At the time and place fixed for hearing, the Board of Public Utilities shall consider the reports filed with the Clerk and such evidence as may be presented by any interested party and shall hear the objections of any owner of the real property. The hearing may be continued from time to time. Upon conclusion of the hearing, the Board of Public Utilities shall confirm, modify or disapprove the abatement proceedings and costs therefor. Upon confirmation, the costs of abatement constitute a special assessment against the real property and a lien thereon and a personal obligation against the property owner.

(1995 Code, § 7.20.090) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) After confirmation of the costs of abatement and their assessment upon the real property, the City Clerk shall promptly mail a statement of the costs to the property owner at the address to which notice of the hearing before the Board of Public Utilities was sent by the City Clerk. Failure to mail the statement or failure to receive it shall, in no way, affect the assessment, lien or obligation. If the assessment is not paid within 15 days after its confirmation, the City Clerk may record a notice of lien in the office of the County Recorder of the County of Tulare a certificate substantially in the following form, to-wit:

(B) As an alternative to or in addition to recordation of a notice of lien as hereinabove set forth, the City Clerk may deliver a notice of lien, which shall also describe the real property by the description used by the County Assessor for the same property for the then current tax year, to the Auditor of Tulare County who shall enter the amount of the assessment and lien on the assessment roll opposite the real property as listed therein. The amount of the assessment and lien shall be collected at the same time and in the same manner as other taxes and assessments against the property. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such assessment and lien.

(1995 Code, § 7.20.100) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

It shall be unlawful for any person to carry on, or engage in the business of installing sewers unless the person holds the appropriate state license, a city business license and has been issued an encroachment permit for work within the public right-of-way. The installation of sewers, as defined herein, shall not be classed as plumbing.

(1995 Code, § 7.20.120) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) It shall be unlawful for any person to cause, suffer or permit the disposal of sewage, human excrement or other liquid wastes, in any place or manner except through and by means of an approved plumbing and sewerage system, installed and maintained in accordance with the provisions of this chapter and of the Plumbing Code of the city.

(B) It shall be unlawful for any person to place, deposit or permit to be deposited in an insanitary manner upon public or private property within the city, any animal excrement, garbage or other objectionable waste.

(C) It shall be unlawful to discharge to any natural outlet within the city, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter and in compliance with state and federal regulations.

(1995 Code, § 7.20.125) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. It shall be unlawful for any person to deposit by any means whatsoever, into any plumbing fixture, floor drain, sand trap, sump, receptacle or device, which is connected to any drainage system, public sewer, private sewer or septic tank, any ashes, cinder, solids, rags, inflammable, poisonous or explosive liquids or gases, oils, grease or any other thing whatsoever, which would or could cause damage to the drainage system or public sewer.

(1995 Code, § 7.20.130) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

(1995 Code, § 7.20.140) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) The owner of any property used for human occupancy, employment, recreation or other purpose, which abuts on any street, alley or right-of-way in which there is located a public sewer of the city, is hereby required, at his or her expense, to install suitable toilet facilities therein, and to connect the facilities directly with the public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet of the property line, except that any owner receiving the notice may apply in writing to the General Manager before expiration of the 90-day period for a permit to delay the installation of such a sewer service not to exceed one year if he or she can furnish sufficient evidence to the General Manager that:

(1) Connection to the sewer at this time would be impractical due to personal hardship;

(2) The premises are now served by a septic tank; and

(3) By written report of county’s Health Officer the septic tank is operating efficiently now and that its continued operation would not create a hazard to public health.

(B) Upon receipt of the evidence to his or her satisfaction, the General Manager may grant in writing the extension of time for completing the connection; such a delay shall not be subject to further extensions.

(1995 Code, § 7.20.150) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Every building or structure in which plumbing fixtures are installed, and every premises having piping thereon which conveys sewage or other liquid waste to an approved point of disposal, shall be connected to the public sewer if it is available. A public sewer is available, for the purposes of this chapter, if the public sewer has been constructed and is available for use in any public street, alley or right-of-way within 100 feet of the property line from an existing sewer.

(B) Notwithstanding any provision to the contrary, buildings or structures connected to a private sewage disposal system at the time a public sewer becomes available shall be connected to the public sewer

(1) Upon failure of the private sewage disposal system as determined by the city's Building Official; or

(2) Upon sale of property; or

(3) As a condition of issuance of a building permit for any improvements which exceed 25% of the assessed value of the structure or which affects an increase in the discharge of wastewater, or if the property has previously been subject to an earlier connection date by reason of requirements of a jurisdiction other than the city, then the connection shall be made on or before the earlier date, provided that if the city's Building Official determines the continued use of the private sewage disposal system will create an immediate health menace, the property shall be connected within the time specified by the city's Building Official. Buildings or structures not connected as required by this chapter are public nuisances. As to any property for which deferral is elected following the date that the sewer becomes available, in addition to the connection charge the owner of the property at the time of connection shall also pay the interest that accrues at the legal rate on the cost of connection for that parcel from the date of availability to the ultimate date of construction.

(1995 Code, § 7.20.160) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) When permitted the house sewer or private sewer shall be connected to a private sewage disposal system. The private sewage disposal system shall be constructed in accordance with the requirements of the Plumbing Code and shall be approved by the General Manager.

(B) When, in the opinion of the county’s Health Officer, there is insufficient lot area or inadequate soil condition for adequate sewage disposal for the building or land use proposed, no building permit shall be issued and no private sewage disposal system shall be permitted. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 6,000 square feet. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet.

(C) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(D) However, the septic tank installations approved by the city shall be subject to removal and connection to the public sewer, as stated in this chapter.

(1995 Code, § 7.20.170) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) No person whose premises are not now connected with the public sewer shall connect any premises or cause any premises to be connected with the public sewer without first obtaining a permit to do so.

(B) No unauthorized person shall uncover, make any connections with or open into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit approved by the General Manager.

(1995 Code, § 7.20.180) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Every applicant for a permit to install, add to, alter, relocate or replace sewage facilities or any part thereof, shall state in writing on the application form provided for that purpose, the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The General Manager may require plans, specifications or drawings and such other information as he or she may deem necessary.

(B) The applicant shall pay for each permit issued and, at the time of issuance, all applicable fees.

(C) Any person who shall commence sewerage work for which a connection permit is required by this chapter without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay in addition to all applicable fees, a penalty of $500. Provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the General Manager that the work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work.

(D) In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining the permit, a penalty of $500, as herein provided, shall be charged.

(1995 Code, § 7.20.190) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) No permit shall be issued to any person to do, or cause to be done, any construction or work regulated by this chapter except to a person holding a valid, unexpired and unrevoked business license except when and as otherwise herein provided.

(B) Any permit required by this chapter may be issued to any person to do any construction or work regulated by this chapter within the lot limits of a single-family dwelling provided the person is the owner of the lot and building, the building is occupied or designed to be occupied by the owner, and that the owner shall personally purchase all material and shall personally perform all labor in connection therewith. This does not give anyone other than a licensed contractor permission to do any work within the public right-of-way. No sewerage work for which a permit is required shall be commenced until a permit to do work shall have first been obtained.

(1995 Code, § 7.20.200) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful.

(B) The issuance of a permit upon plans and specifications shall not prevent the General Manager from thereafter requiring the correction of errors in the plans and specifications or from preventing construction operations being carried on thereunder when in violation of this chapter or of any regulations of the city.

(1995 Code, § 7.20.210) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Every permit issued by the General Manager under the provisions of this chapter shall expire by limitation and become null and void, if the work authorized by the permit is not commenced within 180 days from the date of the permit, or if the work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before the work can be recommenced, a new permit shall be obtained to do so.

(1995 Code, § 7.20.220) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

All pipes, fittings and other appurtenances relative to a sewerage system shall be inspected by the General Manager to insure compliance with all the requirements of this chapter.

(1995 Code, § 7.20.230) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

All pipes, fittings and other appurtenances relative to a sewer or drainage system shall be inspected by the General Manager to insure compliance with all the requirements of this chapter.

(1995 Code, § 7.20.240) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

It shall be the duty of the person doing the work authorized by the permit, to notify the city by calling the city's designated "call-in" inspection telephone line or in writing, that the work is ready for inspection. The notification shall be given not less than 24 hours before the work is to be inspected (Saturdays, Sundays and holidays excluded).

(1995 Code, § 7.20.250) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

All excavations required to be made for the installation of a sewer or drainage system, or part thereof, within or without a building shall be kept open until the piping has been tested, inspected and approved. If any sewer or drainage system or part thereof is covered or concealed before being regularly inspected, tested and approved, as herein prescribed, it shall be exposed upon the direction of the General Manager.

(1995 Code, § 7.20.260) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Each length of cast or ductile iron soil pipe and each cast or ductile iron fitting used in a sewerage system shall be stamped or indelibly marked with weight or grade thereof and the marker’s mark or name.

(1995 Code, § 7.20.270) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

All material used for piping and fittings shall meet the minimum requirements of the current city standard specifications and standard details and the Plumbing Code, and must meet the approval of the General Manager.

(1995 Code, § 7.20.280) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Repairs to sewer or drainage systems shall be made with the materials, and by such methods as are provided for in the city standard specifications and standard details and Plumbing Code. In case of conflict between the provisions of this chapter and the Plumbing Code, this chapter shall govern. In case of conflict between the city standard specifications and standard details and the Plumbing Code, the city standard specifications and standard details shall govern.

(1995 Code, § 7.20.290) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

All workmanship shall be of such character as fully to secure the results sought to be obtained in all sections of this chapter.

(1995 Code, § 7.20.300) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The provisions of this chapter are not intended to prevent the use of any material or any method of construction not specifically prescribed herein, provided any such alternate has been approved and its use authorized by the General Manager. The General Manager may approve any such alternate, provided he or she finds that the proposed design is satisfactory and complies with the intent of this chapter and that the material or method of work offered is for the purpose intended, at least the equivalent of that herein prescribed in quality, strength, effectiveness, durability and safety. The General Manager shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the sufficiency of any such proposed material or type of construction.

(1995 Code, § 7.20.310) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) A building court main sewer shall be not less than six inches in diameter and shall be laid at uniform grade and in straight alignment; a standard riser shall be installed at the end of all building court mains.

(B) A building court main serving not more than ten dwelling units or the equivalent shall be connected to the public sewer at a wye branch. Cleanouts shall be installed as required.

(C) A building court main serving more than ten dwelling units or the equivalent shall have installed in the following locations:

(1) A manhole at the connection to the public sewer;

(2) A manhole at any change in direction or grade; and

(3) A manhole at intervals not to exceed 350 feet.

(D) Five sets of drawings prepared by a registered civil engineer showing plan and profile of the proposed installation shall be submitted for approval. Grades for building court main sewers shall be staked by a registered civil engineer in accordance with the approved drawings.

(E) Building courthouse sewers shall meet the requirements for house sewers.

(1995 Code, § 7.20.320) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) A separate and independent building sewer shall be provided for every building with the following exceptions:

(1) Where there is a building in the rear of a lot and there is to be an additional building built directly in front of the building, then the same building sewer may serve both buildings.

(2) The same rule shall apply where the conditions are reversed and the front building is built first, or where both buildings are built at the same time.

(B) Where two single-family dwellings are on the same parcel and the frontage of the parcel does not exceed 75 feet, separate connections are not required.

(C) A group of buildings constituting a building court by definition may be connected to a building court main sewer.

(1995 Code, § 7.20.330) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Old building sewers may be used in connection with new buildings only when they are found, on examination and tests by the General Manager, to meet all requirements of this chapter.

(1995 Code, § 7.20.340) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The size and slope of the building sewer within the public right-of-way shall be subject to the approval of the General Manager and the size shall be not less than that at the house drain and, in no event, shall the diameter be less than four inches.

(1995 Code, § 7.20.350) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to and within the soil bearing area of the footing of any bearing wall which might be weakened thereby. The depth shall be sufficient to afford a minimum of one foot cover. The building sewer shall be laid at uniform grade and in straight alignment. Where direct alignment is not practical, changes in direction not to exceed 60 degrees may be made in the portion of the house sewer within the lot boundaries. Properly curved pipe and fittings shall be used.

(1995 Code, § 7.20.360) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

When alterations are made to an existing house plumbing system, changes in direction of the house sewer not to exceed 90 degrees may be made with the curved portion constructed of properly curved pipe and fittings, and a cleanout to grade shall be installed.

(1995 Code, § 7.20.370) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

(1995 Code, § 7.20.380) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The connection of the building sewer into the public sewer shall be made in the following manner:

(A) If the diameter of the building sewer is equal to the diameter of the public sewer, connection shall be made at a wye branch in the public sewer at a location specified by the General Manager.

(B) When the diameter of the building sewer is less than the diameter of the public sewer and no properly located wye branch is available, a cored hole may be cut into the public sewer to receive the building sewer and shall be fitted with a special saddle connection. The saddle connection shall be equipped with complete annular shoulder to prevent it from slipping into the inner surface of the public sewer and a neoprene seal to make a watertight connection. The saddle adapter shall be securely fastened in place by a minimum of two stainless steel bands.

(C) Other special fittings may be used for connection only when approved by the General Manager.

(D) The top of the pipe of the building sewer at the point of connection shall be at the same or at a higher elevation than the top of pipe of the public sewer.

(E) The portion of the building sewer in the street shall be at right angles to the right-of-way lines and at least two and one-half feet below the gutter flow line grade. When the building sewer is less than two and one-half feet below the gutter flow line grade, the same must be covered with at least six inches of concrete to protect the same from breakage, or shall be of cast or ductile iron pipe.

(F) The applicant for the building sewer permit shall notify the General Manager when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the General Manager.

(1995 Code, § 7.20.390) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Maintenance of the building sewer shall be the responsibility of the owner of the property served.

(1995 Code, § 7.20.400) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

If the lowest fixture or outlet in any building is below the rim elevation of the nearest manhole, cleanout or riser upstream from the connection to the public sewer, a backwater valve or overflow device of an approved type shall be installed in the building sewer.

(1995 Code, § 7.20.410) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

It shall be unlawful for any person to introduce any storm, flood, rain or roof waters into any sewer in the city or to make or cause to be made or maintain, or cause to be maintained any collection to a sewer by which the same may enter any sewer in the city or which is a part of the POTW. Each person making or causing to be made, or maintaining or causing to be maintained any such connection shall be guilty of a misdemeanor, and each connection made and each day any such connection is maintained shall be considered as a separate violation of this section.

(1995 Code, § 7.20.420) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Storm water shall be discharged to such pipes specifically designed as storm sewers or to a natural outlet as approved by the General Manager. Industrial cooling water and unpolluted process water, and swimming pool drains, overflows or filter backwashes may be discharged subject to state and federal regulations upon approval of the General Manager to a storm sewer or natural outlet.

(1995 Code, § 7.20.430) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenant or equivalent which is a part of the POTW. No person shall introduce or deposit any water, wastes or any other matter into the POTW other than through a legal connection for which a permit has been issued.

(1995 Code, § 7.20.440) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Permission shall be obtained in writing from the General Manager to discharge swimming pool water into the public sewer or storm drain, and a copy of the permission stating the maximum size of waste line between the interceptor and the sewer shall accompany any application for a permit to construct the swimming pool.

(B) Provisions shall be made to prevent discharge of swimming pool water into public sewers during times of rain or during a period of one hour thereafter. No swimming pool water may be drained into a public sewer until the General Manager has been notified and approval issued therefor.

(1995 Code, § 7.20.450) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

A user may not introduce into a POTW any pollutant(s) which cause pass through or interference. These general prohibitions and the specific prohibitions in divisions (A) through (N) of this section apply to each user introducing pollutants into the POTW whether or not the user is subject to other national pretreatment standards or any national, state or local pretreatment standards or requirements. In addition, no user shall discharge or cause to be discharged any of the following described substances into the POTW:

(A) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 104°F (40°C);

(B) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference;

(C) Any pollutants, such as gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas which creates 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 C.F.R. § 261.21;

(D) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with a pH lower than 7.0 in accordance with 40 C.F.R. § 403.5;

(E) Any waters or wastes containing toxic or poisonous substances or resulting in the presence of toxic gases, vapors or fumes within the POTW in a quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant;

(F) Any noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

(G) Any 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;

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

(I) Any trucked or hauled pollutants, except at discharge points designated by the city;

(J) Any radioactive wastes. In the event of an accidental spill of radioactive material into any public sewer, the person responsible shall:

(1) Immediately notify the General Manager; and

(2) Render such technical or other assistance to the city within its power to prevent the POTW from becoming contaminated with radioactivity.

(K) Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in amounts that will cause interference or pass through in the POTW;

(L) Wastewater causing two readings on an explosion hazard meter at the point of discharge into, or at any point in, the city’s public sewer of more than 10% or any single reading over 5% of the lower explosive limit of the meter;

(M) Medical wastes, except as specifically authorized by the city in a wastewater discharge permit; and

(N) Sludges, membrane retentates, spent chemical solutions or other wastes generated during the reclamation, recycling, purification, or recovery of water, chemical solutions, brines or other industrial process flow streams, except for reclamation of clean-in-place solutions for recycling. Upon approval by the General Manager, substances prohibited by this division may be allowed if the user’s wastewater discharge is within full compliance with the requirements of this chapter, and the substances will not cause a violation of this chapter. The allowance will be specified in the user’s wastewater discharge permit. The General Manager may deny acceptance of these discharges at any time.

(1995 Code, § 7.20.460) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Generally. No person shall discharge wastewater containing constituents in excess of the maximum allowable specific pollutant limitations established by the Board of Public Utilities to protect against pass through and interference. Notwithstanding the limitations that are set forth by the Board of Public Utilities, the General Manager may impose more restrictive limitations, or mass limitations in addition to or in place of concentration based limitations, through any industrial user’s discharge permit.

(B) Local limits. The following pollutant limits are established to protect against materials which are toxic to humans, animals, the local environment or which will cause interference or pass through in the POTW. No person shall discharge wastewater containing in excess of the following local limits. With the exception of pH, for which the local limit is an instantaneous limit, and EC, for which the local limit is a monthly average limit, all local limits are daily maximum limits.

(1) The above limits may be revised from time to time by the city as may be deemed necessary to protect the POTW from interference and pass through, or as may be required by the applicable federal, state or local pretreatment standards.

(2) The General Manager may impose more restrictive standards or requirements on a discharge he or she deems necessary to comply with the objectives of this chapter, specific prohibitions or the terms of the city’s waste discharge requirements.

(3) The General Manager may authorize discharges containing higher concentrations on a site-specific basis, provided that the concentrations of such discharges shall not cause pass through or interference. Upon approval by the General Manager, site-specific limitations shall be established through the terms specified in the user’s wastewater discharge permit. The General Manager may impose mass limitations in addition to, or in place of, concentration-based limitations, due to reduced water usage by an industrial user.

(4) Excursions above the pH of 11.0 will be allowed, by the General Manager, only when the pH is measured by continuous recorders, and only under the following conditions:

(a) Time interval for the excursion does not exceed 15 minutes for one individual excursion.

(b) Total time for all excursions does not exceed 60 minutes a day (four 15-minute intervals), or 15 minutes per a six-hour time period.

(c) No excursions of any duration are allowed for pH measurements below 7.0 (federal pH minimum, per 40 C.F.R. § 403.5).

(C) Slugs and equalized discharges. No person shall cause the discharge of slugs of water or wastes. Each person producing a discharge of a slug into the public sewers shall construct and maintain, at his or her own expense, a suitable storage and flow control facility to insure the equalization of the discharge over a 24-hour period. The facility shall have a capacity of at least 80% of the total normal volume discharged during a 24-hour production period, unless a smaller size is approved by the General Manager, and the outlet to the sewer shall be equipped with a rate discharge controller or other device approved by the General Manager, the regulation of which shall be directed by the General Manager.

(D) BMPs. The General Manager may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of § 7.20.470.

(1995 Code, § 7.20.465) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Grease, oil and sand interceptors shall be provided by the user when, in the opinion of the General Manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the General Manager, and shall be located as to be readily and easily accessible for cleaning and inspection. All interceptors are large devices and shall be exterior, in ground installations, provided that as to dischargers at existing locations as of June 30, 2003, where it is physically impossible to locate an interceptor at an exterior, in- ground location, the General Manager may grant an exception allowing the interceptor to be placed in an approved interior location.

(B) Grease, oil and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

(C) Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times. It is specifically prohibited to maintain interceptors by bacteriological, chemical or enzymatic addition or treatment.

(D) Wastewater discharge permits may be issued to users of grease, oil and sand interceptors. Permits shall establish minimum requirements for the design, operation, maintenance and performance of the equipment. Permits may include other information as described in § 7.20.750.

(E) The discharge of waste to a grease, oil and sand interceptor is subject to all sections of this chapter.

(F) Purchase and installation of the interceptor shall be at the user’s expense. No exceptions shall be made to the requirements of this section due to expense, size of the installation or difficulties in locating the interceptor within the site boundary.

(1995 Code, § 7.20.470) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Title. This section shall be referred to as the “City of Tulare FOG Control Program Ordinance” or “FOG Ordinance.”

(B) Purpose. The purpose of the FOG Control Program Ordinance is to reduce sanitary sewer overflows and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. By controlling the discharge of fats, oils and grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system’s operating efficiency and reducing the number of sewer line blockages and overflows.

(C) General FOG discharge prohibitions. No food service establishment (FSE) shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.

(D) Specific FOG prohibitions. The following specific prohibitions shall apply to all FSEs:

(1) Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited.

(2) Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and stormwater, shall not be connected to a grease removal device.

(3) No dishwasher shall be connected to a grease trap.

(4) Discharge of wastewater with temperatures in excess of 140°F (60°C) into any grease trap is prohibited.

(5) Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.

(6) Introduction of any additive into a grease removal device or directly into the sewer system for the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation, or as a supplement to any grease removal device maintenance is prohibited, unless specifically authorized in writing by the General Manager.

(7) Discharge of any waste which has been removed from a grease removal device into the sewer system is prohibited.

(E) FOG wastewater discharge permit required. All FSEs shall obtain a FOG wastewater discharge permit. Nothing in the permit is intended to relieve the FSE of any local, state, or federal regulation. Any denial of a permit may be appealed under § 7.20.900.

(F) Permit application requirements. FOG wastewater discharge permit applications shall include the following information:

(1) Name, address, telephone number, description of the FSE and service activities.

(2) Name of any and all principals/owners of the FSE.

(3) Name and address of property owner or lessor and the property manager where the FSE is located.

(4) Floor, site and plumbing plans showing detailed sewer connections and grease removal devices.

(5) Specifications of all grease removal devices.

(6) Operational statement of FSE.

(7) Any other information as may be specified in the application form.

(G) FOG wastewater discharge permit conditions.

(1) FOG wastewater discharge permits must contain the following:

(a) A statement that indicates the wastewater discharge permit duration.

(b) A statement that the wastewater discharge permit is nontransferable.

(c) A statement of applicable civil and criminal penalties for violation of permit and FOG ordinance.

(2) FOG wastewater discharge permits may contain the following conditions or limits if found necessary to meet the intent of this FOG Control Program Ordinance by the General Manager:

(a) Limits on discharge of FOG and other pollutants.

(b) Requirements to install, operate, and maintain adequate pretreatment devices including grease removal devices.

(c) Requirements for proper operation and maintenance of all pretreatment devices.

(d) Grease removal device maintenance frequency and schedule.

(e) Requirements for implementing, maintaining, and reporting on the status of best management practices (BMPs).

(f) Requirements for maintaining and submitting logs and records, including waste hauling records and manifests and to have such records available for inspection.

(g) Requirements to self-monitor.

(h) Additional requirements as may be determined to be reasonably appropriate by the General Manager or as specified by other regulatory agencies to protect the collection system.

(i) Other terms and conditions, which may be reasonably applicable to ensure compliance with the FOG control program.

(H) FOG wastewater discharge permit modifications. FOG wastewater discharge permit modifications are subject to § 7.20.770 of this chapter consistent with the terms, requirements, and policies in this section.

(I) Best management practices. All FSEs shall implement BMPs in an effort to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:

(1) Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

(2) Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to insure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

(3) Disposal of food waste. All food waste should be disposed of directly into the trash or garbage and not into sinks and shall be disposed of in a manner that will ensure against leakage in the trash container or anywhere else.

(4) Employee training. Employees of the FSE shall be trained by ownership/management periodically as specified in the FOG wastewater discharge permit on the following subjects:

(a) Dry-wiping pots, pans, dishware and work areas before washing to remove grease.

(b) Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.

(c) The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.

(d) Properly disposing grease or oils from cooking equipment into a proper grease receptacle without spilling.

(e) Training shall be documented along with employee signatures. Training records shall be available for review at any time by authorized representatives of the city.

(5) Maintenance of mechanical exhaust ventilation filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning exhaust filters shall be disposed of properly.

(6) Kitchen signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

(J) FOG pretreatment required for new and existing FSEs. FSEs are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this section, subject only to the variance and waiver provisions and other exceptions of this section. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.

(1) New FSEs shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.

(2) Existing FSEs shall install grease interceptors in any of the following circumstances:

(a) When the FSE changes ownership;

(b) When any change in operation results in or has the potential to result in the increase of the amount of FOG generated and/or discharged by FSE in an amount that alone or collectively causes or creates a potential SSO to occur;

(c) When it is determined by the General Manager that the FSE caused or contributed to grease-related blockages in the sewer system, has sewer laterals connected to hot spots, or has been determined to contribute significant FOG to the sewer system, based on inspection and sampling;

(d) During a remodel; or

(e) Any other time the General Manager reasonably determines that installation of a grease interceptor is necessary to avoid an adverse impact to the sewer system.

(3) Any existing FSE that receives a notice from the General Manager to install a grease interceptor must install the interceptor within 180 days unless otherwise required by the General Manager.

(K) Variance of grease interceptor requirement. Notwithstanding any other provision in this section, an existing FSE may obtain a variance, at the General Manager’s discretion, from the grease interceptor requirement to allow alternative pretreatment technology that is equally effective in controlling the FOG discharge in lieu of a grease interceptor. One such type of alternative pretreatment technology is a grease trap. Consideration of granting the variance will be based on the following:

(1) There is insufficient space for installation and/or maintenance of a grease interceptor.

(2) There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection line or the public sewer.

(3) The FSE can demonstrate, to the satisfaction of the General Manager, that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling FOG. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment technology, its continued ability to effectively control FOG discharge.

(4) The variance may be rescinded if subsequent monitoring shows accumulation of FOG in the sewer lateral or the collection system downstream of the FSEs connection or if the FSE caused or contributed to a sanitary sewer overflow. A grease interceptor must be installed within 180 days of the rescission of a variance. Denial or revocation of a variance may be appealed pursuant to § 7.20.900.

(L) Cost recovery. All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by an FSE shall be reimbursed to the city by the FSE. Factors for determining responsible parties for cost recovery charges include the FSEs that are discharging into the affected sewer line, the presence of grease removal devices or alternative pretreatment in the FSE, proper maintenance of grease removal devices by the FSE, implementation of BMPs, and any waivers or variances granted.

(M) Drawing submittal requirements. At the time of obtaining a FOG wastewater discharge permit or upon request by the General Manager:

(1) FSEs may be required to submit copies of design and as-built facility site plans, mechanical and plumbing plans and details to show all sewer locations and connections. The documents shall be in a form acceptable to the General Manager for review of existing grease control devices, monitoring facilities, metering facilities and operating procedures. The review of plans and procedures shall in no way relieve the FSE of the responsibility to modify the facilities or procedures in the future, as necessary to produce an acceptable discharge and to meet the requirements of this FOG control program.

(2) FSEs may be required to submit a schematic drawing of the grease removal device or alternative pretreatment, piping and instrumentation diagram, and wastewater characterization report.

(3) At the General Manager’s discretion, all drawings and/or reports may be required to be prepared by a California registered civil, chemical, or electrical engineer.

(N) Grease interceptor requirements. Any FSE that is required to provide FOG pretreatment shall install, operate and maintain an approved type and properly sized grease interceptor, or other grease removal device authorized under an approved variance, necessary to maintain compliance with the purpose of the FOG control program.

(1) Approved grease interceptor sizing and installation shall conform to the latest approved edition of the California Uniform Plumbing Code.

(2) Grease interceptors shall be constructed in accordance with the design approved by the General Manager and shall have a minimum of two compartments with fittings designed for grease retention.

(3) Grease interceptors shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning and removal of accumulated grease.

(a) Grease interceptors may not be installed in any part of the building where food is handled.

(b) If a location is not available on the property of the FSE, a street encroachment permit may be requested to authorize installation of a grease interceptor in a public access area such as the street or sidewalk area.

(c) There will be no obstruction from landscaping or parked vehicles, with the exception of parked vehicles in a public access area as granted through a street encroachment permit.

(4) Access manholes, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and sanitary tee. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.

(5) The original design of the grease interceptor shall not be modified unless the manufacturer recommends the modification in writing.

(a) Any modification will be at the FSE’s expense.

(b) The city is not liable for any non-compliance as a result of any modification.

(6) The General Manager may require other pretreatment measures or modifications to improve the effectiveness of the grease interceptor.

(7) Connections to the grease interceptor shall be approved by the General Manager, and the General Manager may require connections to be removed.

(O) Grease interceptor maintenance requirements. Grease interceptors shall be maintained in efficient operating condition by periodic complete removal of all contents of the devices including wastewater, accumulated FOG, floating materials, sludge and solids.

(1) No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.

(2) FSEs that are located in an area that is considered to be a hot spot will be required to submit data and information necessary to establish a maintenance frequency for their grease interceptor.

(3) The maintenance frequency for all FSEs with a grease interceptor shall be determined in one of the following methods:

(a) Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the 25% rule. Regardless, the interval between cleaning shall not exceed three months.

(b) The owner/operator of a FSE may submit a request to the General Manager asking for a change in the maintenance frequency at any time. The FSE has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of the 25% rule. The FSE must also show that it is in full compliance with the conditions of its FOG wastewater discharge permit and this section. Upon approval by the General Manager, the FOG wastewater discharge permit will be modified accordingly to reflect the change in maintenance frequency.

(c) If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the 25% rule, the FSE shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the FSE may be required to increase the maintenance frequency of the grease interceptor from its current frequency.

(4) Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed offsite properly by licensed waste haulers or recyclers in accordance with federal, state, and/or local regulations.

(P) Grease trap requirements. Grease traps may be authorized by the General Manager through a variance under division (K) of this section with the following conditions:

(1) Grease traps shall be installed in waste lines leading from drains, sinks and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.

(2) Grease traps shall be properly sized and installed in accordance with the latest approved edition of the California Uniform Plumbing Code.

(3) The original design of the grease trap shall not be modified unless the manufacturer recommends the modification in writing.

(a) Any modification will be at the FSE’s expense.

(b) The city is not liable for any non-compliance as a result of any modification.

(4) Grease traps shall be maintained in efficient operating conditions by removing accumulated grease. The interval between cleaning will be established by the General Manager, but shall not exceed four weeks. Baffles shall be removed and cleaned during the maintenance process, when applicable.

(5) Grease traps shall be kept free of all food residues and any FOG waste removed during the cleaning and scraping process.

(6) Grease traps shall be inspected periodically to check for leaking seams and pipes and for effective operation of the baffles and flow regulating devices.

(7) Grease traps and their baffles shall be maintained free of all caked on FOG and waste.

(8) Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

(9) The temperature of any water entering a grease trap shall not exceed 140°F (60°C).

(Q) Monitoring requirements.

(1) The General Manager may require, through the FOG wastewater discharge permit or at any time, an FSE to construct and maintain in proper operating condition, at the FSE’s sole expense, flow monitoring, constituent monitoring, and/or sampling devices.

(2) The location of monitoring or metering devices shall be subject to approval by the General Manager.

(3) At all times, FSEs shall provide immediate, clear, safe and uninterrupted access to authorized representatives of the city to all monitoring and metering devices.

(4) FSEs may be required by the General Manager to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of any grease removal device and compliance with this section.

(R) Record keeping requirements. FSEs shall keep all records, including manifests, receipts and invoices of all cleaning and maintenance of grease removal devices. All records shall be made available to authorized representatives of the city upon request. In addition to the above mentioned documents, records include logbooks of maintenance activity, BMPs and employee training, sampling data, spill reports, line cleaning reports, and any other information deemed appropriate by the General Manager to ensure compliance with the FOG control program and this section.

(Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

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 services by the U.S. Postal Service, the date of receipt of the report shall govern.

(1995 Code, § 7.20.475) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications; users submitting baseline monitoring reports under § 7.20.520(A)(6), users submitting reports on compliance with the categorical pretreatment standard deadlines under § 7.20.520(C), users submitting periodic compliance reports required by §§ 7.20.520(D) and 7.20.530, and users submitting an initial request to forego sampling of a pollutant on the basis of § 7.20.520(D)(2)(c). The following certification statement must be signed by an authorized representative as defined in § 7.20.020:

“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.”

(B) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the General Manager pursuant to § 7.20.020 must annually submit the following certification statement signed by an authorized representative as defined in § 7.20.020. This certification must accompany an alternative report required by the General Manager:

“Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:

(a) The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 7.20.020;

(b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and

(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information.

____________________________________ ___

____________________________________ ___”

(Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Baseline monitoring reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 C.F.R. § 403.6(a)(4), whichever is later, existing industrial users subject to the categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the General Manager a report which contains the information listed in divisions (A)(1) through (A)(7) of this section. If reports containing this information already have been submitted to the RWQCB or the Regional Administrator in compliance with the requirement of 40 C.F.R. § 128.140(b), the industrial user shall not be required to submit this information again. However, the industrial user shall provide the General Manager with a copy of the report along with written verification from the RWQCB that the report items have been received by the RWQCB. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in divisions (A)(1) through (A)(5) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in divisions (A)(4) and (A)(5) of this section.

(1) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners;

(2) Permits. The user shall submit a list of any environmental control permits held by or for the facility;

(3) Description of operations. The user shall submit a brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by the industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

(4) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(a) Regulated process streams; and

(b) Other streams as necessary to allow use of the combined waste stream formula of 40 C.F.R. § 403.6(e). (See division (A)(5) of this section.) The General Manager may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5) Measurement of pollutants.

(a) The user shall identify the pretreatment standards applicable to each regulated process.

(b) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or General Manager) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the General Manager or the applicable standards to determine compliance with the standard.

(c) The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this division.

(d) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 C.F.R. § 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. § 403.6(e) this adjusted limit along with the supporting data shall be submitted to the General Manager.

(e) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Regional Administrator determines that the 40 C.F.R. part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the General Manager or other parties, approved by the Regional Administrator.

(f) The General Manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

(g) The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(6) Certification. The user shall submit a statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

(7) Compliance schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(a) Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) at the time the user submits the report required by division (B) of this section, the information required by divisions (A)(6) and (A)(7) of this section shall pertain to the modified limits.

(b) If the categorical pretreatment standards are modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) after the user submits the report required by this division (A), any necessary amendment to the information requested by divisions (A)(6) and (A)(7) of this section shall be submitted by the user to the General Manager within 60 days after the modified limit is approved.

(8) Signature. All baseline monitoring reports must be signed and certified in accordance with § 7.20.510 of this chapter.

(B) Compliance schedule for meeting categorical pretreatment standards. The following conditions apply to the compliance schedule required by § 7.20.520(A)(7) of this chapter.

(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable categorical pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation, and the like).

(2) No increment referred to above shall exceed nine months.

(3) Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the General Manager including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between the progress reports to the General Manager.

(C) Report on compliance with categorical pretreatment standard deadline.

(1) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the General Manager a report containing the information described in divisions (A)(4) through (A)(6) of this section.

(2) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate.

(3) For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period.

(4) All compliance reports must be signed and certified in accordance with § 7.20.510 of this chapter.

(D) Periodic reports on continued compliance.

(1) Except as specified in division (D)(3) of this section, any industrial user subject to a categorical pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the General Manager during the months of June and December of each year, unless required more frequently in the pretreatment standard or by the General Manager or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in division (A)(4) of this section, except that the General Manager may require more detailed reporting of flows. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the General Manager or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the General Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the General Manager may agree to alter the months during which above reports are to be submitted.

(2) The General Manager may authorize the industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

(a) The General Manager may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process water.

(b) The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

(c) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed in accordance with paragraph (1) of this section, and include the certification statement in 40 C.F.R. § 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 C.F.R. part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(d) Any grant of the monitoring waiver by the General Manager must be included as a condition in the user’s control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the General Manager for three years after expiration of the waiver.

(e) Upon arrival of the monitoring waiver and revision of the user’s control mechanism by the General Manager, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:

“Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify the applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filling of the last periodic report under 40 CFR 403.12(e)(1).”

(f) In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user’s operations, the user must immediately: comply with the monitoring requirements of division (D)(1) of this section or other more frequent monitoring requirements imposed by the General Manager, and notify the General Manager.

(g) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

(3) The General Manager may reduce the requirement in division (D)(1) of this section to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the approval authority, where the industrial user meets all of the following conditions:

(a) The industrial user’s total categorical wastewater flow does not exceed any of the following:

1. One one-hundredth percent (0.01%) of the design dry weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

2. One one-hundredth percent (0.01%) of the design dry weather organic treatment capacity of the POTW; and

3. One one-hundredth percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by a POTW in accordance with 40 C.F.R. § 403.5(c) and division (C) of this section.

(b) The industrial user has not been in significant noncompliance, as defined in 40 C.F.R. § 403.8(f)(2)(viii), for any time in the past two years;

(c) The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period pursuant to § 7.20.630;

(d) The industrial user must notify the General Manager immediately of any changes at its facility causing it to no longer meet conditions of divisions (D)(3)(a) or (D)(3)(b) of this section. Upon notification, the industrial user must immediately begin complying with the minimum reporting in division (D)(1) of this section; and

(e) The General Manager must retain documentation to support the General Manager’s determination that a specific industrial user qualifies for reduced reporting requirements under division (D)(3) of this section for a period of three years after the expiration of the term of the control mechanism.

(4) Where the General Manager has imposed mass limitations on industrial users as provided for by 40 C.F.R. § 403.6(d), the report required by division (D)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

(5) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with 40 C.F.R. § 403.6(c), the report required by division (D)(1) shall contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by division (D)(1) shall include the user’s actual average production rate for the reporting period.

(6) All compliance reports must be signed and certified in accordance with § 7.20.510 of this chapter.

(1995 Code, § 7.20.480) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager must require appropriate reporting from those significant industrial users with discharges that are not subject to categorical pretreatment standards. Significant noncategorical industrial users must submit to the General Manager at least once every six months (on dates specified by the General Manager) a description of the nature, concentration, and flow of the pollutants required to be reported by the General Manager. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the General Manager to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Regional Administrator determines that the 40 C.F.R. part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures suggested by the POTW or other persons, approved by the Regional Administrator. This sampling and analysis may be performed by the city in lieu of the significant noncategorical industrial user.

(1995 Code, § 7.20.484) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) If sampling performed by a user indicates a violation, the user shall notify the General Manager within 24 hours of becoming aware of the violation.

(B) The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the General Manager within 30 days after becoming aware of the violation. Where the General Manager has performed the sampling and analysis in lieu of the industrial user, the General Manager must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:

(1) The General Manager performs sampling at the industrial user’s facility at a frequency of at least once per month; or

(2) The General Manager performs sampling at the industrial user’s facility between the time when the initial sampling was conducted and the time when the user or the General Manager receives the results of this sampling.

(1995 Code, § 7.20.486) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or a slug load which may cause potential problems or damage to the POTW (including a violation of the prohibited discharge standards or specific limitations in this chapter), it is the responsibility of all users to telephone and notify the General Manager within 24 hours of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

(B) Within five days following such discharge, the industrial user shall, unless waived by the General Manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. The notification shall not relieve the industrial 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 the notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this chapter.

(C) Failure to notify the General Manager of potential problem discharges shall be deemed a separate violation of this chapter.

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

(E) Significant industrial users are required to notify the General Manager immediately of any changes at its facility affecting the potential for a slug discharge.

(1995 Code, § 7.20.488) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Each user must notify the General Manager 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. The user may be required to submit the information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application. The General Manager may issue a wastewater discharge permit application or modify an existing wastewater discharge permit in response to the changed conditions or anticipated changed conditions.

(1995 Code, § 7.20.490) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Every user shall notify the General Manager, the EPA Regional Waste Management Division Director and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261, or Cal. Code of Regulations Title 22. The notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than ten kilograms of the waste per calendar month to the POTW, the notification shall also contain the following information:

(1) An identification of the hazardous constituents contained in the wastes;

(2) An estimation of the mass and concentration of the constituents in the waste stream discharged during that calendar month; and

(3) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

(B) All notifications must take place within ten days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under § 7.20.560. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this chapter.

(C) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the General Manager, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of the substances within 30 days of the effective date of the regulations.

(D) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has been determined to be economically practical.

(1995 Code, § 7.20.495) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Any industrial user not in compliance with this chapter or any discharge limitations shall abide by the provisions of a compliance schedule developed by the General Manager. The General Manager may require:

(A) The development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements; and

(B) The submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including but not limited to the reports required in § 7.20.520.

(1995 Code, § 7.20.500) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of the requirements and documentation associated with best management practices established under § 7.20.520(A)(5)(b). 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 the 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 General Manager.

(1995 Code, § 7.20.505) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in this chapter within the time limitations specified by EPA, the state or the General Manager, whichever is more stringent. 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 General Manager for review, and shall be acceptable to the General Manager before the facilities are constructed. The review of the plans and operating procedures shall, in no way, relieve the user from the responsibility of modifying the facilities as necessary to produce a discharge acceptable to the city under provisions of this chapter.

(1995 Code, § 7.20.510) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Whenever deemed necessary, the General Manager may require industrial 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 domestic waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the industrial user’s compliance with the requirements of this chapter.

(B) The General Manager 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.

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

(1995 Code, § 7.20.520) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

When required by the General Manager, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. The manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with the plans approved by the General Manager, and the manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible to the city at all times.

(1995 Code, § 7.20.530) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Except in the case of non-significant categorical users, the reports required in § 7.20.520(A), (B), (C), and § 7.20.530 of this chapter shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the General Manager, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the General Manager in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required in this section. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

(B) The reports required in § 7.20.520(A), (B), (C), and § 7.20.530 of this chapter must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The General Manager shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the General Manager. Where time-proportional composite sampling or grab sampling is authorized by the General Manager, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for the facility or facilities. Using protocols (including appropriate preservation) specified in 40 C.F.R. part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the General Manager, as appropriate.

(C) For sampling required in support of baseline monitoring and 90-day compliance reports required in § 7.20.520, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the General Manager may authorize a lower minimum. For the periodic reports on continued compliance and the reports required in § 7.20.520, the General Manager shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

(D) If an industrial user subject to the reporting requirements in periodic reports on continued compliance, monitors any regulated pollutant at the appropriate sampling location more frequently than required by the General Manager, using the procedures prescribed in division (A)(5)(e) of this section, the results of this monitoring shall be included in the report.

(E) The General Manager may use a grab sample(s) to determine noncompliance with pretreatment standards.

(F) All samples for laboratory analyses of the characteristics of water and wastes determined in accordance with 40 C.F.R. part 136, as described in §§ 7.20.520 and 7.20.530, shall be collected at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

(G) The General Manager shall have reasonable access onto the industrial user’s property to collect samples and perform tests, as defined in § 7.20.040.

(H) Periodic measurements of flow rates, flow volumes, BOD and suspended solids for use in determining the monthly industrial wastewater treatment service charge and such measurements of other constituents believed necessary by the General Manager shall be made by all industrial users, unless specifically relieved of the obligation by the General Manager.

(I) All such sampling, analyses and flow measurements of industrial wastewaters shall be performed by a state-certified independent laboratory, by a laboratory operated by an industrial user and approved by the General Manager or by personnel of the city. Prior to submittal to the General Manager of data developed in the laboratory of an industrial user, the results shall be verified by a responsible administrative official of the industrial user under the penalty of perjury.

(J) All users making periodic measurements shall furnish and install at the control manholes or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the General Manager and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the General Manager. In lieu of wastewater flow measurement, the General Manager may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.

(K) The minimum requirement for self- monitoring shall be at least two times per year for significant industrial users, whether or not they are subject to national categorical standards.

(L) Industrial users with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every day of operation. When required by the General Manager, users shall install and maintain automatic flow proportional sampling equipment and/or automatic analysis and recording equipment, approved by the General Manager.

(1995 Code, § 7.20.540) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The national categorical pretreatment standards found at 40 C.F.R. Ch. I, Subch. N, parts 405–471, as amended, are hereby incorporated.

(A) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the General Manager may impose equivalent concentration or mass limits in accordance with division (C) of this section.

(B) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the General Manager may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

(C) When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the General Manager convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the General Manager. The General Manager may establish equivalent mass limits only if the industrial user meets all the following conditions in divisions (C)(1)(a) through (C)(1)(e) of this section.

(1) To be eligible for equivalent mass limits, the industrial user must:

(a) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

(b) Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

(c) Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

(d) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

(e) Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user’s request for equivalent mass limits.

(2) An industrial user subject to equivalent mass limits must:

(a) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(b) Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

(c) Continue to record the facility’s production rates and notify the General Manager whenever production rates are expected to vary by more than 20% from its baseline production rates determined in division (C)(1)(c) of this section. Upon notification of a revised production rate, the General Manager will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(d) Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to division (C)(1)(a) of this section so long as it discharges under an equivalent mass limit.

(3) A General Manager which chooses to establish equivalent mass limits:

(a) Must calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

(b) Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

(c) May retain the same equivalent mass limit in subsequent control mechanism terms if the industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to § 7.20.650. The industrial user must also be in compliance with 40 C.F.R. § 403.17 (regarding the prohibition of bypass).

(4) The General Manager may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

(D) The General Manager may convert the mass limits of the categorical pretreatment standards at 40 C.F.R. parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions. When converting such limits to concentration limits, the General Manager must use the concentrations listed in the applicable subparts of 40 C.F.R. parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by § 7.20.650.

(E) Equivalent limitations calculated in accordance with divisions (C), (D), (E), and (F) of this section are deemed pretreatment standards for the purposes of § 307(d) of the Act and this part. The General Manager must document how the equivalent limits were derived and make this information publicly available. Once incorporated into its control mechanism, the industrial user must comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

(F) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

(G) Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the General Manager within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the General Manager of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long term average production rate.

(H) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the General Manager shall impose an alternate limit using the combined wastestream formula in 40 C.F.R. § 403.6(e).

(I) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive portions of 40 C.F.R. § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

(J) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 C.F.R. § 403.15.

(1995 Code, § 7.20.550) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

No industrial user shall 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 General Manager may impose mass limitations on industrial users which are using dilution to meet applicable standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(1995 Code, § 7.20.560) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Any discharger using bulk salt (greater than 100 pounds per day) for product preparation and/or ancillary plant operations (such as water softeners for boilers) or other chemicals that contribute salinity to the discharge, shall implement and submit to the General Manager a salinity control plan by the effective date of this chapter. The salinity control plan shall use best management practices to reduce the electrical conductivity discharges below the maximum concentration limitation provided in § 7.20.480. The salinity control plan shall contain the following items, at a minimum:

(1) Determinations or best estimates of the identities and approximate quantities of salts used and discharged;

(2) Descriptions of the major salting operations and locations of potential salt release points on site drawing;

(3) A spill prevention, control and countermeasures (SPCC) plan;

(4) A description of the methods of salt waste removal and disposal;

(5) A description of the employee training program for salinity control; and

(6) Identification of the person responsible for implementation of the salinity control plan.

(B) The salinity control plan shall be implemented and submitted to the General Manager by the effective date of this chapter and endorsed by industry officials.

(C) The salinity control plan shall be updated by the discharger during renewal of the wastewater discharge permit.

(D) In the case of any accidental slug or batch discharge of salt wastes that causes the discharger’s wastewater electrical conductivity to exceed the maximum concentration limitation provided in § 7.20.480, the discharger shall immediately notify the General Manager days of such discharge and submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the discharger to prevent similar future occurrences.

(1995 Code, § 7.20.565) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager shall evaluate whether each significant industrial user needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The General Manager may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the General Manager may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

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

(B) Description of stored chemicals;

(C) Procedures for immediately notifying the POTW of any accidental or slug discharge, as required by § 7.20.550 of this chapter; and including any discharge that would violate a prohibition under 40 C.F.R. § 403.5(b) with procedures for follow-up written notification within five days; and

(D) Procedures to prevent adverse impact from any accidental or slug 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 run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(1995 Code, § 7.20.570) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be responsible for compliance with the provisions of this chapter.

(1995 Code, § 7.20.580) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Septic tank waste, grease, oil and sand interceptor waste may be accepted into the POTW at a designated receiving structure within the treatment plant area, and at such times as are established by the General Manager, provided such wastes do not violate this chapter or any other requirements established or adopted by the city. Wastewater discharge permits for individual vehicles to use the facilities shall be issued by the General Manager.

(B) The discharge of hauled industrial wastes as “industrial septage” requires prior approval and a wastewater discharge permit from the General Manager. The General Manager shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. The discharge of hauled industrial waste is subject to all other sections of this chapter.

(C) All hauled wastes shall be identified by the type of discharge, volume of discharge, source address and owner before being allowed to discharge. The General Manager may require random or routine testing of these dischargers.

(D) Fees for dumping hauled wastes will be established as part of the industrial user fee system as authorized by resolution of the Board of Public Utilities.

(E) Wastewater discharge permits issued to haulers subject to this section shall contain requirements for maintaining proper records and manifests, and any other information as described in § 7.20.660.

(1995 Code, § 7.20.590) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) The General Manager is authorized to identify and locate all possible industrial users which might be subject to the POTW pretreatment program. Any compilation, index or inventory of industrial users made under this section shall be made available to the approval authority of Regional Administrator upon request.

(B) When requested by the General Manager all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The General Manager is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter.

(C) The General Manager shall notify industrial users identified under division (A) of this section of applicable local, state or federal pretreatment standards and any applicable requirements under §§ 204(b) and 405 of the Act and divisions (C) and (D) of the Resource Conservation and Recovery Act, or any other requirements of local, state or federal law. Within 30 days of the list approval pursuant to 40 C.F.R. § 403.8(f)(6) of a list of SIUs, the General Manager shall notify each SIU of its status and all requirements applicable to it as a result of the status.

(1995 Code, § 7.20.600) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) It shall be unlawful for any significant industrial user to discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the General Manager. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or any other requirement of federal, state and local law.

(B) The General Manager may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

(1995 Code, § 7.20.610) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager shall have the authority to deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by industrial users where the contributions do not meet applicable pretreatment standards and requirements or where the contributions would cause the city to violate its waste discharge requirements.

(A) Any industrial user which discharges industrial waste into the POTW prior to the effective date hereof and who wishes to continue the discharges in the future, shall, within 90 days after the date, apply to the General Manager for a wastewater discharge permit in accordance with this chapter, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date hereof except in accordance with a wastewater discharge permit issued by the General Manager.

(B) Any industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of the discharge. An application for this wastewater discharge permit must be filed at least 90 days prior to the date upon which any discharge will begin.

(C) Any existing industrial user located beyond the city limits and which utilizes the city’s public sewer system to discharge industrial waste shall submit a wastewater discharge permit application, in accordance with this chapter, within 90 days of the effective date hereof. New industrial users located beyond the city shall submit the applications to the General Manager 90 days prior to any proposed discharge into the system.

(1995 Code, § 7.20.620) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Industrial wastewater discharge permits shall be issued under the following categories as determined by the General Manager after review of the permit application as described in § 7.20.740. The General Manager may determine, upon review of the permit application, that no permit is required for certain small industries and commercial users.

(A) General industrial/commercial user permits (Class “P” dischargers). General industrial/ commercial user permits shall be issued to certain small industries and some commercial users whose individual discharges do not significantly impact the POTW, degrade wastewater quality or contaminate sludge. Industries that have the potential to discharge a non-domestic or process waste stream, but at the present time discharge only sanitary waste, may also be included in this group.

(B) Significant industrial user (SIU) permits (Class “S” dischargers). SIU permits shall be issued to those industries which are determined by the General Manager to be significant industrial users (SIUs) as defined in § 7.20.020. The General Manager may require other users to obtain an SIU permit as necessary to carry out the purposes of this chapter.

(C) Waste haulers. All waste haulers from septic tanks, grease traps, sand traps and haulers of industrial wastes will be classified as Class “SH” dischargers.

(D) Food service establishments. All food service establishments will be classified as Class “F” discharges.

(1995 Code, § 7.20.625) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

All users required to obtain a wastewater discharge permit must submit a permit application. The General Manager may require all users to submit as part of an application the following information:

(A) Information required by § 7.20.510 of this chapter, if applicable;

(B) 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;

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

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

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

(F) 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;

(G) Time and duration of discharges; and

(H) Any other information as may be deemed necessary by the General Manager to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(1995 Code, § 7.20.630) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the General Manager to prevent pass through or interference, protect the quality of the effluent from the treatment plant, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality and protect against damage to the POTW.

(B) Each wastewater discharge permit shall be expressly subject to all of the provisions of this chapter and all other regulations, user charges and fees that are established by the city. The conditions of all wastewater discharge permits shall be uniformly enforced in accordance with this chapter and applicable federal and state regulations.

(C) Wastewater discharge permits must contain:

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

(2) A statement that the wastewater discharge permit is nontransferable;

(3) Effluent limits applicable to the user including best management practices based on applicable standards in federal, state and local law;

(4) 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;

(5) Statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. The schedule may not extend the time for compliance beyond that required by applicable federal, state or local law;

(6) Requirements to control slug discharges, if determined by the POTW to be necessary;

(7) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 7.20.520(D); and

(8) Any grant of the monitoring waiver by the General Manager (§ 7.20.520(D)) must be included as a condition in the user’s permit.

(D) The conditions of each wastewater discharge permit may, without limitation, include any or all of the following:

(1) The unit charge or schedule of user charges and fees that must be paid by the permittee in order for the wastewater to be discharged into the POTW from its facilities;

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

(3) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties;

(4) 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 POTW;

(5) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental unanticipated or routine discharges;

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

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

(8) Calibration frequency requirements for all devices used to measure wastewater flow and quality;

(9) The compliance schedules that are required for the permittee’s facilities;

(10) The analyses of the wastewater discharges from the permittee’s facilities that are to be established by the General Manager through an annual notification process and are to be performed, as a part of the permittee’s compliance effort, by a laboratory that is approved by the General Manager;

(11) The requirements for maintaining, and for affording the General Manager access to, the records of the permittee’s facilities that relate to its wastewater discharges;

(12) The requirements for the notification of the General Manager of any introduction of new constituents or any substantial change in the volume or character of the existing constituents of the wastewater discharges from the permittee’s facilities;

(13) The requirements for the notification of the General Manager of slug upset or bypass discharges from the permittee’s facilities;

(14) The requirement that an amended application must be filed within ten working days after

any condition that is contained in the original application is changed;

(15) 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

(16) Other conditions as deemed appropriate by the General Manager to ensure compliance with this chapter and state and federal laws, rules and regulations.

(1995 Code, § 7.20.640) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Any person, including the industrial user, may petition the General Manager to reconsider the terms of a wastewater discharge permit within 60 days of its issuance.

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

(B) 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.

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

(D) If the General Manager fails to act within 90 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 action for purposes of judicial review.

(E) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Superior Court for Tulare County within 90 days.

(1995 Code, § 7.20.650) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) The General Manager may modify the wastewater discharge permit for good cause including, but not limited to, the following:

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

(2) To address significant alterations or additions to the industrial 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 POTW, 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) Revision of, or a grant of, variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13; and

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

(B) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.

(1995 Code, § 7.20.660) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, a new or changed operation or remodel of an existing facility which is retained by the current owner.

(1995 Code, § 7.20.670) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Any user who performs the following actions, or who violates any condition of the permit, of this chapter, or of applicable state and federal regulations, is subject to having his or her permit revoked in accordance with the procedures of this chapter:

(A) Failure to notify the General Manager of significant changes to the wastewater prior to the changed discharge;

(B) Failure to provide prior notification to the General Manager of changed condition pursuant to any requirement in this chapter;

(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 General Manager timely access to the facility premises and records;

(G) Failure to meet effluent limitations;

(H) Failure to pay fines;

(I) Failure to pay sewer charges;

(J) Failure to meet compliance schedules;

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

(L) Failure to provide advance notice of the transfer of a permitted facility; and/or

(M) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter. A wastewater discharge permit shall be voidable upon nonuse, cessation of operations or transfer of business ownership. An existing wastewater discharge permit is void upon the issuance of a new wastewater discharge permit.

(1995 Code, § 7.20.680) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

An industrial user shall apply for wastewater discharge permit reissuance 60 days prior to the expiration of the industrial user’s existing wastewater discharge permit.

(1995 Code, § 7.20.690) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the General Manager’s inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the General Manager, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the industrial user furnishing a report that the 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 discharge permits or 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 C.F.R. § 2.302, will not be recognized as confidential information.

(1995 Code, § 7.20.700) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term SIGNIFICANT NONCOMPLIANCE shall be applicable to all significant industrial users (or any other industrial user that violates divisions (C), (D), or (H) of this section) and shall mean:

(A) Chronic violations of wastewater discharge limits, defined herein as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 7.20.020;

(B) Technical review criteria (TRC) violations, defined herein as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by § 7.20.020 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(C) Any other violation of a pretreatment standard or requirement as defined by § 7.20.020 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the General Manager determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(D) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the General Manager’s exercise of its emergency authority to halt or prevent such a discharge;

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

(F) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance; or

(H) Any other violation(s) which may include a violation of best management practices, which the General Manager determines will adversely affect the operation or implementation of the local pretreatment program.

(1995 Code, § 7.20.710) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) It shall be unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions herein shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from a misdemeanor to an infraction.

(B) Any person convicted on a misdemeanor under this chapter shall be punished by a fine not to exceed $2,500 or by imprisonment not exceeding six months, or by both the fine and imprisonment.

(C) Any person convicted of an infraction under this chapter shall be punished by:

(1) A fine not exceeding $50 for a first violation;

(2) A fine not exceeding $100 for a second violation of this chapter within one year; and

(3) A fine not exceeding $250 for each and every additional violation of this chapter within one year.

(D) Each day that a violation continues shall be regarded as a new and separate offense.

(E) In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney’s fees, related to the enforcement of this chapter.

(1995 Code, § 7.20.715) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Whenever the General Manager finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the General Manager may serve upon the user a written notice of violation. Within ten days of the receipt of this notice, 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 General Manager. 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 city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(1995 Code, § 7.20.720) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. The orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to this chapter and shall be judicially enforceable.

(1995 Code, § 7.20.730) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager may order any user which causes or contributes to violations of this chapter, wastewater discharge permit, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the General Manager and show cause why a 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 the action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by certified mail at least 15 days prior to the hearing. The notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.

(1995 Code, § 7.20.740) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

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

(1995 Code, § 7.20.750) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

When the General Manager finds that a user is violating this chapter, the user’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the General Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with all requirements and 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. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.

(1995 Code, § 7.20.760) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Notwithstanding any other section of this chapter, any user that is found to have violated any provision of this chapter, its wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement shall be fined in any amount not to exceed $1,000 per incident. The fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

(B) Assessments may be added to the user’s next scheduled sewer service charge and the General Manager shall have such other collection remedies as may be available for other service charges and fees.

(C) Users desiring to dispute such fines must file a written request with the General Manager to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the General Manager shall convene a hearing on the matter within 30 days of receiving the request from the industrial user. In the event the user’s appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial user. The city may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.

(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(1995 Code, § 7.20.770) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Any person affected by any decision, action or determination by the General Manager, interpreting or implementing the provisions of this chapter, including, without limitations, the provisions of this chapter, or any industrial wastewater discharge permit issued hereunder by the General Manager, excepting therefrom any decision, action or determination of the General Manager to pursue either criminal penalties or civil judicial enforcement, may file with the City Clerk, within ten days of the date of service of the decision, action or determination, a notice of appeal to the Board of Public Utilities appealing the decision, action or determination by the General Manager. The notice of appeal shall set forth in detail all facts supporting the industrial user’s appeal of the decision of the General Manager. The filing of the notice of appeal shall stay all further action required under any notice of violation or cease and desist orders and accumulation of interest upon penalties thereon, pending final decision by the Board of Public Utilities on the appeal; provided, however, that nothing stated herein shall limit the authority of the General Manager to take the action or to make the directives as the General Manager deems necessary to stop or prevent an ongoing or threatened violation of any of the provisions of this chapter, including actions or directives to prevent or stop threatened damage to the system, pass through, or threatened harm to the health or safety of the public. The action shall include, without limitation, continuing to physically block the industrial user’s access to the sewer until the appeal is heard and decided by the Board of Public Utilities.

(1995 Code, § 7.20.775) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The General Manager may immediately suspend a user’s discharge permit whenever such suspension is necessary in order 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, or which 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 permit shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the General Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, or endangerment to any individuals. The General Manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the General Manager that the period of endangerment has passed, unless the termination proceedings set forth in this chapter 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 General Manager, prior to the date of any show cause or termination hearing under this chapter. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(1995 Code, § 7.20.780) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) In addition to any provisions of this chapter, any user that violates the following conditions of this chapter, wastewater discharge permit, or orders issued hereunder, is subject to discharge termination:

(1) Violation of wastewater discharge permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

(4) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; and

(5) Violation of the pretreatment standards in this chapter or resolution of the Board of Public Utilities.

(B) The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under procedures in this chapter why the proposed action should not be taken.

(1995 Code, § 7.20.790) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permit or orders issued hereunder, or any other pretreatment requirement, the General Manager may petition the Superior Court of the State of California through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.

(1995 Code, § 7.20.800) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the General Manager for a maximum civil penalty of $25,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(B) The General Manager may recover reasonable attorney’s fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(C) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.

(D) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

(1995 Code, § 7.20.810) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) A person who negligently introduces into the POTW any pollutant or hazardous substance which person knew, or reasonably should have known, could cause personal injury or property damage which causes the POTW to violate any effluent limitation or condition in any permit issued to the POTW, shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If a conviction of a person is for violation committed after a first conviction of the person under this division, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment of not more than two years, or by both.

(B) Any person who knowingly introduces into the POTW any pollutant or hazardous substance which the person knew or reasonably should have known could cause personal injury or property damage, or which causes the POTW to violate any effluent limitation or condition in a permit issued to the POTW shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment of not more than three years, or by both. If a conviction of a person for a violation committed after a first conviction of such person under this division, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than six years, or by both.

(C) Any person who knowingly makes a false material statement, representation or certification in any application, record, report, plan or other document, filed or required to be maintained under this chapter, or who knowingly falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of the person under this division, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four years, or by both.

(1995 Code, § 7.20.820) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The enforcement procedures, penalties and remedies provided in this chapter are not exclusive, but are in addition to any other enforcement procedures, penalties and remedies that may be provided elsewhere in this chapter or by any federal, state or local law, regulation or rule. The General Manager reserves the right to take any, all or any combination of these enforcement procedures, penalties and remedies against any person who violates a provision of this chapter.

(1995 Code, § 7.20.830) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The Board of Public Utilities may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:

(A) Fees for wastewater discharge permit applications including the cost of processing the applications;

(B) Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing an industrial user’s discharge, and reviewing monitoring reports submitted by industrial users;

(C) Fees for reviewing and responding to accidental discharge procedures and construction;

(D) Fees for filing appeals; and

(E) Other fees as the Board of Public Utilities may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the city.

(1995 Code, § 7.20.840) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

For the purpose of providing funds for payment at or before the maturity of the principal of and interest on all sewer revenue bonds heretofore or hereafter issued by the city for the purpose of the acquisition, construction, improvement and financing of the municipal sewer system and for the purpose of defraying the cost of maintenance and operation of the municipal sewer system, there are hereby levied and assessed upon all premises having or required hereby to have any sewer connections with or discharging or required hereby to discharge, sewage into or through the municipal sewer system, monthly sewer service fees for the services and facilities for the collection, treatment and disposal of sewage furnished or available to the premises, the public sewer system. The fees shall be determined by the Board of Public Utilities and adopted by the City Council by resolution.

(1995 Code, § 7.20.850) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Each sewer service fee shall become due and payable to and at the Finance Department on the date stated on the bill for payment thereof and shall become delinquent on the twentieth day after the stated date.

(B) All bills for such fees shall be issued by the Finance Department. They shall be combined with bills or statements for water service rendered by the municipal water system. The bills shall state their purpose (water and sewer service), shall give the name and last known address of the person responsible for payment, and shall list separately the fee for water service and the total fee for both services. Neither fee may be paid separately from the other, and any partial payment of the total fee for both services shall be applied first to the fee for sewer service before application thereof is made for the fee for the water service. If a premises with sewer service is not connected with the municipal water system, a separate bill shall be rendered for sewer service only.

(1995 Code, § 7.20.860) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) In the case of any person whose premises is connected with the municipal water system, the person responsible for payment shall be that person who requested the connection to the municipal water system, his or her successor in interest or any person requesting that the bill be charged to him or her.

(B) In the case of any person whose premises is not connected to the municipal water system, the person responsible for payment shall be that person who requested the connection to the municipal sewer system, his or her successor in interest, or if no such request is made, then to the owner of record of the premises on the date on which the premises is required hereby to connect to the municipal sewer system, the successor in interest to the person, or any person requesting that the bill be charged to him or her.

(1995 Code, § 7.20.870) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Sewer service fees shall become effective immediately to all premises connected to the municipal sewer system and thereafter the charges shall become effective against all premises not then connected to the municipal sewer system immediately upon connection or within 30 days from the time that a connection to the municipal sewer system could be made as provided herein, whichever is the earliest.

(1995 Code, § 7.20.880) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Any utility service fees (sewer, water, refuse) required to be paid by a service user under the provisions of this city code shall be deemed a debt owed by the service user to the city. Any person owing money to the city under the provisions of this city code shall be liable to an action brought in the name of the city for the recovery of such amount, including penalties and interest, along with any collection costs incurred by the city as a result of the person’s noncompliance, including, but not limited to, reasonable attorney’s fees. In the event that the debt is the result of overbilling or failure of the city to bill the service user for utility service fees, the city is limited to one year of refund or collection for utility service fees.

(Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Each sewer service fee levied by or pursuant to this chapter on any premises within the city limits is hereby made a lien upon the premises and any steps authorized by law may be taken by the city to enforce payment of the lien.

(1995 Code, § 7.20.890) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

In each case where any bill for both water service and sewer service remains unpaid for 20 days after the date stated in the bill for payment, the bill shall become delinquent and the General Manager shall disconnect the premises from the municipal water system, and he or she may also disconnect the premises from the municipal sewer system. Whenever a premises has been disconnected from either the municipal water system or the municipal sewer system for nonpayment of water or sewer service fees, the premises shall not be reconnected to either the municipal water system or the municipal sewer system until all delinquent fees and penalties have been paid, together with such reasonable charges for reconnection as may be set by resolution from time to time by the Board of Public Utilities.

(1995 Code, § 7.20.900) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Sewer main facilities may be extended by the city or by an applicant in accordance with plans and specifications approved by the General Manager. If the applicant elects to install the sewer main facilities, the applicant shall pay the city prior to its performing services, the engineering plan review, public improvement inspection, administration and benefit district creation fees as set forth by City Council resolution. The applicant shall pay the soil testing firm directly for compaction tests.

(1995 Code, § 7.20.910) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

When a main is to be extended to serve a parcel, the main shall extend the full frontage of the parcel unless it is determined by the General Manager that the main is not likely to be extended to serve any other property.

(1995 Code, § 7.20.920) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

The inside diameter of every sewer main to be installed shall be not less than eight inches, except as may be determined by the General Manager.

(1995 Code, § 7.20.930) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

In the event the applicant installs sewer main extensions facilities, he or she shall furnish the city a surety company bond to be approved by the General Manager as to sufficiency and the City Attorney as to form in an amount equal to at least 50% of the General Manager’s estimate of the installation costs to guarantee faithful performance by the applicant, and a surety company bond in an equal amount to guarantee claims of persons who furnish labor, materials, supplies and implements used by applicant on the work. Provided, however, when the extension is a condition of a subdivision or parcel map, the surety bond amounts shall be at least 100% of the General Manager’s estimate of the installation costs to guarantee faithful performance by the applicant, and a surety bond in an amount equal to at least 50% of the estimate to guarantee claims of persons who furnish labor, materials, supplies and implements used by applicant on the work. Except, however, where the applicant is a “nonprofit entity,” as defined in Cal. Gov’t Code §§ 64999 and 64999.3, the provisions of those sections as they may apply to the entities in securing the performance of work under this section shall be applicable.

(1995 Code, § 7.20.940) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

When sewer main extension facilities and laterals if applicable have been installed by the city, refunding procedures, as outlined in this chapter shall also apply in accordance with the actual cost on record including an amount attributable to interest in accordance with § 8.60.040 per foot of installing the main and cost per lateral. When sewer main extension facilities and laterals if applicable are installed and upon the execution and delivery by applicant of a good and sufficient bill of sale of the facilities to the city, sewer service shall be furnished to applicant’s property.

(1995 Code, § 7.20.950) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) Whenever an applicant applies for a permit to connect property fronting a main, the installation cost of which main was paid by the city or by a previous applicant and approved by the city, such subsequent applicant shall pay to the city prior to the granting of the permit an amount calculated as “A” in the following formula:

A = F x C x .60 wherein

F = the number of feet of applicant’s property fronting on main, except as provided herein for corner lots

C = cost per foot of installing main

.60 = factor composed of .50 (for one of the two sides fronting on the main) and .10 (for street intersection allowance)

(B) Provided, however, when the General Manager determines that only one side of a street can be benefitted by a main installed by the city or by a previous applicant, subsequent applicant for permits to connect thereto shall pay to the city prior to the granting of such permits an amount calculated as “A” in the following formula:

A = F x C x 1.10 wherein

F = the number of feet of applicant’s property fronting on main, except as provided herein for corner lots

C = cost per foot of installing main

1.10 = a factor composed of 1.00 (the total cost of the installation) and .10 (for street intersection allowance)

(C) When a commercial or multi-unit complex fronts more than one street, “F” shall be the longest frontage, regardless of what side the building faces.

(D) When a single-family dwelling fronts more than one street, “F” shall be the side that the house is facing. Whenever an applicant applies for a permit to connect property where a lateral has already been installed by the city or a previous applicant and approved by the city, such subsequent applicant shall pay to the city a sewer lateral charge equal to the total cost of the lateral.

(E) Amounts collected as provided herein shall be retained by the city when such sewer main facilities and laterals if applicable were paid by the city or shall be paid by the city to the applicant who paid the cost of installing the main and laterals until the applicant has received an amount calculated as “R” in the formula in § 7.20.1110.

(1995 Code, § 7.20.960) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

When the General Manager finds that it is necessary to install a sewer main or when a sewer main was previously installed and paid for by the city, he or she shall delineate the area which may be served from the main and thereby be benefitted as provided in § 8.60.020.

(1995 Code, § 7.20.970) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) If the applicant elects to install the required sewer main under benefit district procedures and does install the sewer main in accordance with regulations concerning main extensions, the General Manager shall establish and administer reimbursement procedures as follows: The General Manager shall establish a frontage fee for the cost of an eight-inch main and shall prepare a benefit district refunding agreement to be executed by the applicant and the president of the Board of Public Utilities Commissioners in accordance with the provisions of Title 8, Chapter 8.60 of this code. The difference in cost between an actual main larger than eight inches and an eight-inch main shall be reimbursed in accordance with the provisions of Title 8, Chapter 8.64 of this code. The cost per foot “C” shall be calculated by dividing the total cost of the eight-inch main by the total footage of the main installed. Whenever costs are referred to in this section, they shall be limited to the costs as specified in § 8.60.030. The frontage fee shall be calculated as “A” in the following formula:

A = F x C x .60 wherein

F = the number of feet of an applicant’s property fronting on the main

C = cost per foot of installing an eight-inch main

.60 = factor composed of .50 (for one of the two sides fronting on the main) and .10 (for the street intersection allowance)

(B) Provided, however, when the General Manager determines that only one side of a street can be benefitted by a main installed by a previous applicant, the frontage fee shall be calculated as “A” in the following formula:

A = F x C x 1.10 wherein

F = the number of feet of an applicant’s property fronting on the main

C = cost per foot of installing an eight-inch main

1.10 = a factor composed of 1.00 (the total cost of the eight-inch installation) and .10 (for street intersection allowance)

(C) Amounts collected as provided herein shall be paid by the city to the applicant who paid the cost of installing the main, until the applicant has received an amount equal to “R” as calculated in the following formula:

R = T - (.60 x C x F) - Z wherein

T = total cost of installing eight-inch main and laterals

C = cost per foot of installing eight-inch main

F = number of feet of installing applicant’s property fronting on main

Z = installing applicant’s lateral(s) cost

(D) Provided, however, when the General Manager determines that only one side of a street can be benefitted and has made collections on that basis, amounts so collected shall be paid by the city to the applicant who paid the cost of installing the main, until the applicant has received an amount equal to “R” as calculated in the following formula:

R = T- (1.10 x C x F) - Z wherein

T = total cost of installing eight-inch main and laterals

C = cost per foot of installing eight-inch main

F = number of feet of installing applicant’s property fronting on main

Z = installing applicant’s lateral(s) cost.

(1995 Code, § 7.20.980) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

An applicant for sewer service within the sewer benefit district shall pay to the city for frontage charge for each foot of property fronting the main and a lateral charge if applicable before sewer service is granted to him or her.

(1995 Code, § 7.20.990) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Whenever the City Engineer determines it is impractical or unreasonable for an applicant to install a sanitary sewer main on a street frontage for which such installation would otherwise be required, the applicant shall pay to the city an in-lieu fee for their fair share of the future installation of the main. The fee shall be the same front foot fee as established in § 7.20.1120.

(1995 Code, § 7.20.995) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Any surplus of monies remaining after the applicant has been reimbursed in accordance with the applicable provisions of this code may be expended for construction or reconstruction of the facilities including raising of facilities to grade or work for which the funds were collected.

(1995 Code, § 7.20.996) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

When an applicant installs sewer mains larger than eight inches as directed by the General Manager, the General Manager shall prepare a reimbursement agreement after the main has been installed and actual costs determined to be executed by the applicant and the president of the Board of Public Utilities pursuant to the provisions of Title 8, Chapter 8.64 of this code. The amount of oversize reimbursement shall be equal to the difference in cost between an eight-inch main and the actual size of main installed. Provided, however, when the General Manager determines that the installing applicant requires larger than an eight-inch main to serve the applicant’s whole property, the amount of oversize reimbursement shall be equal to the difference in cost between the size of main needed by the applicant to serve the applicant’s whole property and the actual size of main installed.

(1995 Code, § 7.20.1000) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

If any section, division, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, the decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.

(1995 Code, § 7.20.1020) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

Special agreements and arrangements between the city and any persons or agencies regarding wastewater treatment and sewerage facilities may be entered into when in the opinion of the city, unusual or extraordinary circumstances compel special terms and conditions. However, no special agreements between the city and any user shall be allowed to contravene federal categorical pretreatment standards, state or local pretreatment standards.

(1995 Code, § 7.20.1030) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) For the purposes of this section, UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An UPSET does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

(B) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (C), below, are met.

(C) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:

(1) An upset occurred and the user can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

(3) The user has submitted the following information to the Director of Public Works within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:

(a) A description of the indirect discharge and cause of noncompliance;

(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(c) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(D) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(E) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(F) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

(1995 Code, § 7.20.1040) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 7.20.470 of this chapter or the specific prohibitions in § 7.20.480 of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(A) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(B) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its WDR/NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(1995 Code, § 7.20.1050) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)

(A) For the purposes of this section,

BYPASS. The definition provided in § 7.20.020.

SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.

(B) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of divisions (C) and (D) of this section.

(C) (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director of Public Works, at least ten days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the Director of Public Works of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Director of Public Works may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(D) (1) Bypass is prohibited, and the Director of Public Works may take an enforcement action against a user for a bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(c) The user submitted notices as required under division (C) of this section.

(2) The Director of Public Works may approve an anticipated bypass, after considering its adverse effects, if the Director of Public Works determines that it will meet the three conditions listed in division (D)(1) of this section.

(1995 Code, § 7.20.1060) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)