Wasco Municipal Code Ch. 13.12 Sewers

Sections: 13.12.010 Purpose and policy. 13.12.020 Administration. 13.12.030 Definitions. 13.12.040 Permit--Required--Application--Issuance--Exceptions. 13.12.050 Fees--Amount. 13.12.060 Fees--Accounting--Disposition. 13.12.070 Permit--Expiration. 13.12.080 Inspection--Requirements. 13.12.090 Inspection--Certificate--Issuance--Contents. 13.12.100 Construction--Compliance with standards required. 13.12.110 Connection--Required when. 13.12.120 Connections--Permit--Standards and procedures. 13.12.130 Swimming pool--Connection prohibited. 13.12.140 Safe waste piping--Direct connection prohibited. 13.12.150 Blowoff and exhaust steam--Direct connection prohibited. 13.12.160 Taps--Standards and procedures. 13.12.170 Additions and alterations--Conformance required. 13.12.180 Removal or injury prohibited.

General Sewer Use Requirements

13.12.200 Prohibited discharge standards. 13.12.210 National categorical pretreatment standards. 13.12.220 Grease, oil, and sand traps--General requirements. 13.12.230 Sand trap--Specific requirements. 13.12.240 Grease traps--Specific requirements. 13.12.250 Right of revision.

Pretreatment of Wastewater

13.12.260 Pretreatment facilities. 13.12.270 Control manholes. 13.12.280 Measurements, tests and analyses.

Industrial Wastewater Discharge Permits

13.12.290 Wastewater discharge permit requirement. 13.12.300 Wastewater discharge permitting--Existing users. 13.12.310 Wastewater discharge permitting--New users. 13.12.320 Application signatories and certification. 13.12.330 Wastewater discharge permit decisions. 13.12.340 Wastewater discharge permit duration. 13.12.350 Wastewater discharge permit contents. 13.12.360 Wastewater discharge permit modification. 13.12.370 Wastewater discharge permits are nontransferable. 13.12.380 Wastewater discharge permit revocation. 13.12.390 Wastewater discharge permit reissuance.

Reporting Requirements

13.12.400 Reports of changed conditions. 13.12.410 Reports--Potential problems.

Compliance Monitoring

13.12.420 Right of entry--Inspection and sampling. 13.12.430 Search warrants.

Administrative Enforcement Remedies

13.12.450 Cease and desist. 13.12.460 Administrative fines. 13.12.470 Appeals. 13.12.480 Emergency suspensions. 13.12.490 Termination of discharge.

Judicial Enforcement Remedies

13.12.500 Injunctive relief. 13.12.510 Civil penalties. 13.12.520 Criminal prosecution. 13.12.530 Remedies nonexclusive.

This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city of Wasco and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code Section 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this chapter are:

A. To prevent the introduction of pollutants into the POTW that will interfere with its operation;

B. To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;

C. To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

D. To promote reuse and recycling of industrial wastewater and sludge from the POTW;

E. To enable the city to comply with its waste discharge requirements (WDR) and national pollutant discharge elimination system (NPDES) permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.

This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge permits and provides for monitoring, compliance, and enforcement activities. (Ord. 576, 2008).

Except as otherwise provided herein, the city shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city may be delegated by the city to other city personnel. (Ord. 576, 2008).

For the purpose of this chapter, the following terms shall have the meaning accorded to them by this section, unless it is apparent from the context that they are used with a different meaning:

A. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

B. "Alterations" means any change or addition.

C. "Approval authority" means the California Regional Water Quality Control Board, Central Valley Region, or any successor agency.

D. "Authorized representative" of the industrial user means:

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

2. A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;

3. A director or highest official appointed or designated to oversee the operation and performance of the activities, if the industrial user is a federal, state or local government facility; or

4. A duly authorized representative, submitted to the city in writing, of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

E. "B.O.D." or "biochemical oxygen demand" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at twenty degrees Celsius, usually expressed as a concentration (e.g., mg/l).

F. "Bypass" means the intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.

G. "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, parts 405--471, as may be amended.

H. "City" means the city of Wasco or the authorized deputy, agent, or representative of the city of Wasco.

I. "City council" or "council" means the council members for the city of Wasco.

J. "Composite" or "composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

K. "Cooling water" means the water that is discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

L. "Environmental Protection Agency" or "EPA" means 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 said agency.

M. "Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

N. "Grab" or "grab sample" means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes.

O. "House connection sewer" means that part of the horizontal piping beginning twelve inches from the exterior wall of the building and extending to its connection with the sewer main. House connection sewers, including their connection to city sewer mains, shall not be considered as city property or become a part of the city sewer system, and their maintenance and repair shall not be provided by the city but shall be the responsibility of the property owner.

P. "Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

Q. "Interference" means a discharge which, either alone or in conjunction with a discharge or discharges from other sources, both: inhibits or disrupts the POTW, 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 waste discharge requirements issued by the California Regional Water Quality Control Board, including any increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 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 contained in any state sludge management plan 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 CFR 503 (sewage sludge regulations).

R. "Industrial cost recovery" means the recovery by the city from the industrial users of a treatment works of the amount of the federal grant which is allocable to the treatment of wastes from such users pursuant to Section 204(b) of the Act and the Federal Grant Regulations issued under the Act (40 CFR 35.905-6).

S. "Lot" means any piece or parcel of land bounded, defined or shown upon a plat or deed recorded in the office of the county recorder, and in accordance with the boundaries of such lot as bounded, defined or shown upon such recorded map, plat, or deed; provided, however, that in the event any building or structure covers more area than "a lot" as herein defined, the term "lot" shall be deemed to be and include all such pieces or parcels of land upon which said buildings are wholly or partly located.

T. "Medical waste" means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

U. "New source" means:

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

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

b. The building, structure, facility, or installation totally replaces the process or production equipment
that causes the discharge of pollutants at an existing source; or

c. The production or wastewater generating processes of the building, structure, facility, or installation
are substantially independent of an existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new facility is integrated with the
existing plant, and the extent to which the new facility is engaged in the same general type of activity as
the existing source, should be considered.

2. 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 installation meeting the criteria
of subsection (U)(1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing process or
production equipment.

3. Construction of a new source as defined under this definition has commenced if the owner or operator
has:

a. Begun, or caused to begin, as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of facilities or equipment; or

ii. Significant site preparation work including clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the placement, assembly, or installation of new source
facilities or equipment; or

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

V. "Pass through" means a discharge which 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.

W. "Person" means any individual, firm, company, association, society, corporation, or group, partnership, copartnership, 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.

X. "pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units.

Y. "Pollutants" means 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 discharged 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).

Z. "Pretreatment" means 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.

AA. "Pretreatment standards" means prohibitions, categorical pretreatment standards, and city limits.

BB. "Prohibitions" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.12.200.

CC. "Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292) that is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant.

DD. "Public sewer" means any sewer, other than a house connection sewer, which has been accepted by the city.

EE. "Repairs" means the reconstruction or renewal of any existing part of a structure, or of its fixtures or appurtenances.

FF. "Sewage" means human excrement and gray water (household showers, dishwashing operation, etc.).

GG. "Significant industrial user" means:

1. A user subject to categorical pretreatment standards; or

2. A user that:

a. Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

b. Contributes a process waste stream which makes up five percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as such by the city on the basis that it has a reasonable potential for adversely
affecting the POTW’s operation or for violating any pretreatment standard or requirement;

3. Upon a finding that a user meeting the criteria in subsection (GG)(2) of this section has no reasonable
potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or
requirement, the city may at any time, on its own initiative or in response to a petition received from a user,
and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a
significant industrial user.

HH. "Slug" means any discharge at a flow rate or concentration that could cause a violation of the prohibitions in Section 13.12.200.

II. "Storm water" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

JJ. "Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal storm water drainage system or to a watercourse.

KK. "User" or "industrial user" means a source of indirect discharge.

LL. "Wastewater" means 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.

MM. "Wastewater revenue program" means a formally documented determination of charges which is designed to provide revenues for operation and maintenance (including replacement), industrial cost recovery, and local debt service for treatment works, and which demonstrates compliance with federal grant regulations on user charges and industrial cost recovery.

NN. "Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently. (Ord. 626 §1, 2012; Ord. 576, 2008; Ord. 199 §1, 1975. Formerly 13.12.010).

A. It is unlawful for any person, firm or corporation to commence, or do, or cause to be done, or to construct or cause to be constructed, or to use or cause to be used, or to alter or cause to be altered any sewer connection in the city without first obtaining a permit from the public works director.

B. Any person, firm or corporation desiring a permit for any of the purposes enumerated in this section shall make application, in writing, to the public works director, giving such information as the clerk may require, or blanks to be furnished for that purpose, and if it appears therefrom that the work to be performed is to be done according to the regulations contained in this chapter governing the construction of such work, a permit shall be issued upon payment of the fees as fixed by Section 13.12.050, except that the city council may defer payment of connection charges to a later date by resolution.

C. Nothing contained in this section shall be deemed or construed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in any public or house connection sewer, except when it is necessary to replace any or all of such sewer with other or different material.

D. The provisions of this section shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into under proceedings had or taken pursuant to any of the special procedure statutes of this state providing for the construction of sewers and the assessing of the expenses thereof against the lands benefited thereby. (Ord. 608 §2 (Exh. A), 2010; Ord. 576, 2008; Ord. 199 §2, 1975. Formerly 13.12.020).

The public works director shall, before granting any permit, upon an application filed in accordance with the provisions of Section 13.12.040, require payment by the applicant of a connection fee as set forth in Chapter 13.16. (Ord. 576, 2008; Ord. 199 §3, 1975. Formerly 13.12.030).

The public works director shall keep an accurate account of all fees received under this chapter, giving the names and residences of the persons upon whose accounts the same were paid, and the date and amount thereof, which record shall be open for public inspection. (Ord. 576, 2008; Ord. 199 §4, 1975. Formerly 13.12.040).

If the work authorized by a permit is not commenced within sixty days from the date of its issuance, or if the work authorized by such permit and commenced thereunder is suspended or abandoned for a period of sixty days, such permit shall thenceforth be null and void, and before such work can be recommenced, a new permit shall be taken out, and the same fees shall be paid as fixed for the original permit. (Ord. 576, 2008; Ord. 199 §5, 1975. Formerly 13.12.050).

All work done under the provisions of this chapter shall be subject to inspection, and notice must be given, in writing, to the public works director by the person, firm or corporation doing the work, or causing the same to be done, immediately after the work is ready for inspection. Up to the time of the inspection, all work must be uncovered and convenient for the inspector’s examination and every facility must be made accessible to the inspector. If any structure or object tends to obstruct a thorough inspection of the sewer system, the obstruction must be removed, upon notice to do so from the public works director, before an inspector shall be required to inspect the work. When, upon examination by the inspector, it appears that any such work is defective either in its construction or material, the same shall be removed or repaired to conform to the requirements set forth in this chapter. (Ord. 576, 2008; Ord. 199 §6, 1975. Formerly 13.12.060).

When it appears to the satisfaction of the public works director that any work mentioned in this chapter has been constructed according to, and meets the requirements of, all provisions of this chapter, and that all fees for the inspection thereof have been paid, the public works director shall cause to be issued to the person, firm or corporation constructing such work a certificate of final inspection, which certificate shall recite such work as is covered by the permit has been constructed according to ordinance and that the work is in a sanitary condition. The public works director shall not issue such certificate of inspection unless the requirements of this chapter have been adhered to. (Ord. 576, 2008; Ord. 199 §7, 1975. Formerly 13.12.070).

The material used shall be equal in quality to, and the manner of construction shall meet, all the requirements prescribed by the specifications for public sewers in the city, which may be adopted from time to time as standard specifications for the construction of sanitary sewers and appurtenances thereto by the city council, and all such work must be constructed or installed in accordance therewith before a certificate of final inspection shall be granted by the public works director. (Ord. 576, 2008; Ord. 199 §8, 1975. Formerly 13.12.080).

A. All plumbing affecting the sanitary condition of any building or other structure located within the boundaries of any lot not already adequately serviced by a cesspool or septic tank shall, within thirty days immediately following the time when such sewer is constructed and available for use to such building or structure, be connected with and drained into a public sewer in the public street, alley, right-of-way or other public place abutting upon the lot.

B. Any cesspool or septic tank which becomes unserviceable from any cause shall be abandoned and the premises theretofore served by such cesspool or septic tank shall be connected with and drained into a public sewer within not to exceed ten days from the time such cesspool or septic tank becomes unserviceable, wherever sewers are available.

C. No connection from any building or structure shall hereafter be made to any public sewer, which connection or any portion thereof shall be in, under or upon any lot other than the lot on which such building or structure is located.

D. For the purpose of this section, "structure" includes the group of buildings of a house court, which is defined to be a parcel or area of land upon which are grouped three or more habitations used or designed to be used for occupancy by families, and upon which parcel or area the vacant or unoccupied portion thereof surrounding or abutting upon said habitations is used or intended to be used in common by the inhabitants thereof. "Habitation" is defined to be a room or combination of rooms used or designed to be used for the occupancy of human beings.

E. All buildings constituting a house court, as defined above, may be connected to the public sewer by means of one private sewer located upon the lot or parcel of land upon which the house court is situated. (Ord. 576, 2008; Ord. 199 §22, 1975. Formerly 13.12.090).

A. It is unlawful for any person, firm or corporation to make or to maintain, or to cause to be made or maintained, any connection with any public sewer of the city until a permit therefor shall have first been obtained from the public works director, or to make, or cause to be made, any such connection pursuant to any such permit at any place other than that designated in the permit.

B. Every connection made with any public sewer of the city shall be made in the following manner:

1. A cleanout shall be placed in every house connection sewer at the junction with the soil pipe, at the
building and in all changes in alignment and grade. The cleanout shall be made by inserting a "Y" branch in
the line with a cap of the same material as the house connection sewer pipe tightly cemented in the bell end
of the portion of the "Y" branch which will be used to gain access to the connection.

2. When the condition of the trench is such that it is impossible to secure a watertight cement mortar joint,
standard specifications for public sewers referred to in Section 13.12.100 shall be used.

3. The grade shall be straight from the property line to the public sewer and shall have a fall of not less
than one foot in fifty feet towards the public sewer, except where otherwise permitted by special permit, in
writing, from the public works director.

4. Where laid within the limits of a public street, no connection shall be laid less than three feet below the
established grade of the same or below the surface where no grade is established, except by special permit,
in writing, from the public works director.

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

6. Every house connection sewer outside of any building shall be constructed in such a manner as to
withstand a pressure of not less than four pounds per square inch without leaking at any point when filled
with water.

7. Every house connecting sewer shall be tested before being approved, in that portion extending from the
property line to the upper terminus thereof, by a pump test which shall consist of filling the line or lines with
water, capping or sealing each upper terminus thereof, and applying an air pump at the property line in such
manner as to furnish and aggregate pressure of four pounds per square inch in the sewer at the lower
terminus.

8. In the event that any joints of any house-connecting sewer are cemented with portland cement mortar,
no test shall be made until the expiration of not less than twenty-four hours after the cement joints are made.

9. No house-connecting sewer shall be approved if any portion thereof, including any fitting, material, work or construction, fails to withstand the test provided for in this section without leaking at any point.

   10. It is unlawful for any person, firm or corporation to connect or cause to be connected any sewer which has been or may hereafter be constructed in any street, alley, right-of-way, or other public place by the city on behalf of the public, with any public sewer of the city, unless such sewer shall have been laid under the supervision and to the satisfaction of the inspector, and in accordance with the standard specifications referred to in Section 13.12.100, and in accordance with plans and profiles approved by the city engineer. (Ord. 576, 2008; Ord. 199 §9, 1975. Formerly 13.12.100).

It is unlawful for any person, firm or corporation to connect any swimming pool or tank to any public sewer of the city or house connection sewer leading thereto, except by special permit from the public works director. (Ord. 576, 2008; Ord. 199 §14, 1975. Formerly 13.12.150).

It is unlawful for any person, firm or corporation to connect any safe waste pipe from any establishment directly to any public sewer of the city or house connection sewer leading thereto, but such safe waste pipe shall discharge into a water-supplied sink of discharge outside of the building. (Ord. 576, 2008; Ord. 199 §17, 1975. Formerly 13.12.180).

It is unlawful for any person, firm or corporation to cause, suffer, allow or permit the exhaust from any engine or blow off from any broiler to be connected directly to any public sewer of the city or house connection sewer leading thereto, but such exhaust or blow off shall first connect with a watertight sump which may in turn be connected to the public sewer. (Ord. 576, 2008; Ord. 199 §18, 1975. Formerly 13.12.190).

Whenever it becomes necessary to connect a house sewer to a public sewer at a point where no special "Y" or "T" branch has been installed in the public sewer, the connection must be made in the presence of an inspector and in the following manner:

A. In all public sewers of twelve inches or less in internal diameter and of ten feet or less in depth, the connection must be made by removing a section of the existing sanitary sewer and inserting a "Y" branch.

B. In public sewers of from eight inches to twelve inches, inclusive in internal diameter, and not more than ten feet in depth, or of fourteen inches of more in internal diameter at any depth, it will be permissible to cut the existing pipe and insert a standard saddle. The saddle must be fitted snugly against the exterior wall of the public sewer pipe and fastened in place by heavy galvanized asphalt-coated wire, which shall be bound around the main line pipe. A foundation of cement concrete shall then be placed under and around the saddle in the manner required and directed by the inspector. (Ord. 576, 2008; Ord. 199 §10, 1975. Formerly 13.12.110).

Upon the renewal or alteration of any public or house connection sewer, or upon the making of any repairs or additions thereto, if any new material is placed in such sewer, either in the original or in the altered, repaired or added part thereof, every such new part must be properly connected with and attached to the original part of such sewer, and if any materials are to be reset either in the old or new part of such public or house connection sewer, then both such original and such new additional parts and any altered part whatever must be made to conform in all respects to the rules and regulations prescribed in this chapter. (Ord. 576, 2008; Ord. 199 §19, 1975. Formerly 13.12.200).

It is unlawful for any person, firm or corporation to remove or cause to be removed or to injure or cause to be injured any portion of any public sewer, pumping plant, disposal plant, flush tank, flushing manhole, or manhole; or to use or cause to be used, or to take or cause to be taken any water from any flushing apparatus for any use whatsoever; or to trespass upon any sewage disposal site without first obtaining a permit from the public works director. (Ord. 576, 2008; Ord. 199 §20, 1975. Formerly 13.12.210).

A. It is unlawful for any person, firm or corporation to lay or to engage in or carry on the business of pipe laying on private premises within the city unless such person, firm or corporation shall have first registered at the office of the public works director and obtained a certificate of registration from the public works director, as provided in this section. This section shall not be construed as prohibiting an owner of any lot from making his own house connection sewer on said lot, provided he has previously paid the inspection and connection fee and secured a permit therefor from the public works director, and complied with all the requirements as to material, laying and inspection provided in this section.

B. Every person, firm or corporation desiring to have his, its or their name registered in the register shall make application, in writing, to the public works director, at the office of the public works director, on blanks furnished for that purpose, giving the name and address of such person, firm or corporation; if a firm, the name of the members thereof, and if a corporation, the names of the officers of such corporation; together with such other information as may be deemed necessary by the public works director. Such application shall be verified upon oath; if a corporation, by an officer thereof; if a copartnership, by a member of such copartnership; or if an individual of such individual or by the duly authorized agent of any such person, firm or corporation.

C. Every application must be accompanied by a bond for five hundred dollars, made payable to the city, executed by the application and surety company whose bonds are accepted and approved by the city. Such bond shall be for the faithful performance of the work and to indemnify against mechanic’s liens, and must be joint and several and condition that the whole or any part of the five hundred dollars shall be paid to any person who has suffered loss or damage by reason of any violation or any ordinance of the city or the nonpayment of labor, or nonpayment for materials, or nonperformance or unworkmanlike performance of his or its contract. Such bond shall not be void upon the first recovery, but may be sued and recovered on from time to time by any person, in his own name, who has thus suffered loss or damage, until the whole of the five hundred dollars is exhausted.

D. Every applicant shall pay to the city an examination fee of one dollar.

E. Every applicant who is an individual for himself, and the constructing and supervising member of a copartnership for the copartnership, and the constructing and supervising officer of a corporation for the corporation, must take and successfully pass an examination before a committee appointed by the city council. In such examination, each applicant must give satisfactory evidence of a knowledge of, and skill in, the laying of pipe and the making of all necessary connections thereof and therewith, and the installing of necessary cleanouts, equal to that required of a journeyman plumber for the doing of the same work when using cast-iron pipe.

F. Every applicant, upon successfully passing the examination, shall pay to the city a license fee of twenty-five dollars for the first year and ten dollars a year for each annual renewal thereof.

G. Every applicant, upon successfully passing the examination, shall furnish to the city and file with the public works director satisfactory evidence of having secured adequate public liability insurance protecting the city from damages and liability of every kind.

H. It is the duty of the public works director to issue a certificate of registration, and every such certificate shall state the name and business address of the applicant and the date upon which the certificate expires, and shall certify that the person, firm or corporation named in the certificate has complied with the provisions of this chapter, and that such person, firm or corporation is deemed to be registered, and is entitled to conduct and engage in the business of laying of sewer pipe for the period specified in the certificate.

I. Every certificate issued as provided in this section shall become null and void immediately upon the first conviction of the person, firm or corporation named in such certificate for violating any of the provisions of this chapter, and thereafter it shall be unlawful for any such person, firm or corporation to engage in or carry on the business of pipe laying or to represent himself, if a person, as being registered, or if a firm or corporation, to represent itself as a firm or corporation as being registered. (Ord. 576, 2008; Ord. 199 §21, 1975. Formerly 13.12.220).

General Sewer Use Requirements

A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to,
wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees
Celsius) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 5.0, in accordance with 40 CFR 403.5, or otherwise causing corrosive
structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in
interference, but in no case solids greater than one-half inch in any dimension;

4. 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;

5. Wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (sixty-five degrees
Celsius), or which will inhibit biological activity in the POTW resulting in interference, but in no case heat in
such quantities that the temperature at the introduction into the POTW treatment plant exceeds one
hundred four degrees Fahrenheit (forty degrees Celsius);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause
interference or pass through;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity
that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants, except at discharge points designated by the public works director;

9. 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;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not
limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment
plant’s effluent;

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

a. Immediately notify the public works director; and

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

12. Storm water, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the public works director;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14. Medical wastes, except as specifically authorized by the public works director in a wastewater discharge permit;

15. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

16. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

17. Any dispersed biodegradable oils and fats, such as lard, tallow, or vegetable oil, and any fats, oils, or greases of animal origin in amounts that will cause interference or pass through in the POTW;

18. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent or any single reading over five percent of the lower explosive limit of the meter.

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

D. The city may prepare a list of the maximum permissible quantities or concentrations of certain constituents in industrial wastewater flows and issue detailed directions for meeting the requirements of this chapter. (Ord. 576, 2008).

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405--471 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 public works director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the public works director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

D. A user may obtain a net gross adjustment to a categorical pretreatment standard in accordance with 40 CFR 403.15. (Ord. 576, 2008).

A. Grease, oil and sand traps shall be provided when, in the opinion of the public works director, 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 traps shall not be required for private living quarters or dwelling units. All traps shall be of a type and capacity approved by the public works director, and shall be located as to be readily and easily accessible for cleaning and inspection. All traps are large devices and shall be exterior, in ground installations; provided, that as to dischargers at existing locations as of the effective date on this chapter, where it is physically impossible to locate an trap at an exterior, in ground location, the public works director may grant an exception allowing the trap to be placed in an approved interior location.

B. Grease, oil, and sand traps 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 traps shall be maintained by the owner, at his expense, in continuously efficient operation at all times. It is specifically prohibited to maintain traps by bacteriological, chemical, or enzymatic addition or treatment.

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

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

F. Purchase and installation of the trap 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 trap within the site boundary. (Ord. 576, 2008).

A. The walls and bottom of the trap shall be not less than four inches thick. The inside dimensions of the trap shall be not less than five feet long, three feet wide and three feet deep below the bottom of the outlet pipe. The inlet pipe shall be at one end and the outlet pipe at the opposite end of the trap. The pipes shall be not less than four inches in diameter and their tops shall be not less than six inches below the top of the trap.

B. The outlet pipe shall extend into the outlet compartment of the trap as described below and shall be equipped with a four-inch "T" branch set vertically downward. A section of four-inch pipe shall extend downward from the "T" branch to a point not less than twelve inches below the bottom of the outlet pipe. The straight end of the outlet pipe in the sand trap shall be fitted with a stopper or plug.

C. A baffle wall of concrete or wood extending entirely across the trap shall be constructed parallel to and twelve inches from the inside of the end wall at the inlet end. The bottom of this baffle wall shall be parallel to and six inches above the bottom of the trap, the top being flush with the top of the trap.

D. Another baffle wall of concrete or wood extending entirely across the trap shall be constructed parallel to and twelve inches from the inside of the wall at the outlet end of the trap. The top of the baffle wall shall be parallel to and twelve inches below the top of the trap, and the wall shall extend down to the bottom of the trap.

E. The compartment formed by the outlet wall and the baffle wall twelve inches therefrom shall be covered with a solid, removable cover.

F. The remainder of the sand trap shall be covered with a removable grating, which may be in sections of any convenient size to facilitate removal for inspection and cleaning of the sand trap.

G. Such sand traps shall be inspected daily when in use, and cleaned as often as necessary for their efficient operation.

H. It is unlawful for any person, firm or corporation to connect any cellar drain and shower, in basements or in yards, directly with the soil or waste pipe, but such cellar drain or shower shall be trapped by a sand trap of not less than twelve inches by twelve inches and constructed of concrete. The walls and floor of every such trap shall not be less than three inches thick, and each trap shall have a cast iron frame and grate cover. The water seal of such trap shall be constructed by inverting its waste pipe. A water seal of less than four inches is prohibited, and the minimum size of the waste pipe shall be four inches where the trap is not vented. Such sand traps shall be cleaned as often as necessary for their efficient operation. (Ord. 576, 2008; Ord. 199 §15, 1975. Formerly 13.12.160).

Grease traps with a guaranteed capacity of twenty pounds of pure grease shall be installed with each kitchen sink outlet wasting into any public sewer of the city for establishments serving from fifty to three hundred meals per day. Grease traps with a guaranteed capacity of sixty pounds of pure grease shall be installed for any establishment where more than three hundred meals are served per day, and for the operation of any private or public wash rack as mentioned above. (Ord. 576, 2008; Ord. 199 §16, 1975. Formerly 13.12.170).

The city reserves the right to establish, by this chapter or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 576, 2008).

Pretreatment of Wastewater

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 public works director, 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 public works director for review, and shall be acceptable to the public works director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this chapter. (Ord. 576, 2008).

When required by the public works director, 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. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with the plans approved by the public works director and said manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible to the city at all times. (Ord. 576, 2008).

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. All measurements, tests and analyses shall be determined at the control manhole provided or upon suitable samples taken 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 sanitary sewer to the point at which the building sewer is connected. (Ord. 576, 2008).

Industrial Wastewater Discharge Permits

A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the public works director, except that a significant industrial user that has filed a timely application pursuant to Section 13.12.300 may continue to discharge for the time period specified therein.

B. The public works director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

C. 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 requirements or with any other requirements of federal, state, and local law.

D. The public works director 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 such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the city to violate its waste discharge requirements. (Ord. 576, 2008).

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall, within ninety days after said date, apply to the public works director for a wastewater discharge permit in accordance with this chapter, and shall not cause or allow discharge to the POTW to continue after 180 days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the public works director. (Ord. 576, 2008).

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with this chapter, must be filed at least ninety days prior to the date upon which any discharge will begin or recommence. (Ord. 576, 2008).

All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

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.

(Ord. 576, 2008).

The public works director will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete wastewater discharge permit application, the public works director will determine whether or not to issue a wastewater discharge permit. The public works director may deny any application for a wastewater discharge permit. (Ord. 576, 2008).

A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the public works director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 576, 2008).

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the public works director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

The permit may require sampling and analysis of the wastewater discharged by the user. Sampling and analysis shall be performed as described in Section 13.12.280. (Ord. 576, 2008).

The public works director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

B. To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;

E. Violation of any terms or conditions of the wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the wastewater discharge permit. (Ord. 576, 2008).

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. (Ord. 576, 2008).

The public works director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the public works director of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the public works director of changed conditions pursuant to Section 13.12.400;

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 public works director 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 business ownership of a permitted facility; or

M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. (Ord. 576, 2008).

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.12.350, a minimum of sixty days prior to the expiration of the user’s existing wastewater discharge permit. (Ord. 576, 2008).

Reporting Requirements

Each user must notify the public works director of any planned significant changes to the user’s operations or system which might alter the structure or the nature, quality, or volume of its wastewater at least ninety days before the change.

A. The public works director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.12.350.

B. The public works director may issue a wastewater discharge permit under Section 13.12.330 or modify an existing wastewater discharge permit under Section 13.12.360 in response to changed conditions or anticipated changed conditions.

C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants. (Ord. 576, 2008).

A. In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load which may cause potential problems or damage to the POTW (including a violation of the prohibitions in this chapter), it is the responsibility of all users to immediately telephone and notify the public works director 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 public works director, 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. Such 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 such 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 public works director 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 who to call in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. (Ord. 576, 2008).

Compliance Monitoring

The public works director 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 public works director 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 public works director will be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The public works director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

C. The public works director 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 public works director and shall not be replaced. The costs of clearing such access shall be borne by the user.

E. Unreasonable delays in allowing the public works director 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. (Ord. 576, 2008).

If the public works director 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 public works director may through the city attorney seek issuance of a search warrant. (Ord. 576, 2008).

Administrative Enforcement Remedies

When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may serve upon that 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 city. 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. (Ord. 576, 2008).

When the city 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 city 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. (Ord. 576, 2008).

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 one thousand dollars. Such 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 city shall have such other collection remedies as may be available for other service charges and fees. Unpaid charges shall become delinquent forty-five days after mailing or delivering the notice of charges. A basic penalty charge of ten percent of the unpaid amount shall be added to any fee or charge that becomes delinquent. Interest at the rate of one-half percent per month shall accrue on the total of all delinquent charges plus all penalty charges.

C. Users desiring to dispute such fines must file a written request with the city to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. The city shall convene a hearing on the matter within thirty 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. (Ord. 576, 2008).

Any person affected by any decision, action, or determination by the city, 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 city, excepting therefrom any decision, action, or determination of the city to pursue either criminal penalties or civil judicial enforcement, may file with the clerk of the city, within ten days of the date of service of such decision, action or determination, a notice of appeal to the board appealing such decision, action or determination by the city. The notice of appeal shall set forth in detail all facts supporting the industrial user’s appeal of the decision of the city. 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 on the appeal; provided, however, that nothing stated herein shall limit the authority of the city to take such action or to make such directives as the city 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. Such 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. (Ord. 576, 2008).

The city 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 city 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 city shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city 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 city, 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. (Ord. 576, 2008).

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:

A. Violation of wastewater discharge permit conditions.

B. Failure to accurately report the wastewater constituents and characteristics of its discharge.

C. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

D. Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling.

E. Violation of the pretreatment standards in this chapter or resolution of the city council.

Such 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. (Ord. 576, 2008).

Judicial Enforcement Remedies

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 city 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. (Ord. 576, 2008).

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 city for a maximum civil penalty of twenty-five thousand dollars 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 city 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. (Ord. 576, 2008).

A. A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors.

B. A user who willfully or negligently introduces any substances into the POTW which causes personal injury or property damage or which causes the city’s POTW to violate any effluent limitation or condition in a permit issued to the POTW shall, upon conviction, be guilty of a misdemeanor and be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors.

D. In the event of a second conviction, a user shall be punishable by fine and/or imprisonment as provided by the Penal Code regarding misdemeanors. (Ord. 576, 2008; Ord. 199 §23, 1975. Formerly 13.12.230).

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 city 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. (Ord. 576, 2008).