Watsonville Municipal Code Art. 5 Sewer Services

All sewage or other pollutants must be discharged to the POTW.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

All developed parcels located within 1,000 feet of a public sanitary sewer main shall be connected to the public sanitary sewer main.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Each parcel is required to have a separate sanitary sewer lateral. Upon change of ownership of a parcel sharing a sanitary sewer lateral, the owner of that parcel shall install a separate sanitary sewer lateral. The Director of Public Works may grant an exception to this requirement, if all property owners on the existing shared lateral agree to execute and record a maintenance agreement for the proposed private sanitary sewer collection system that delineates ownership and maintenance responsibilities of all participating properties. If agreement between all connected property owners cannot be reached, the exception shall not be granted.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1437-22 (CM), eff. October 13, 2022)

No person shall construct a sanitary sewer lateral, or connect to a public sanitary sewer main without first obtaining a written permit from the City and paying all fees and connection charges.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Construction of sanitary sewers laterals shall be in accordance with the requirements of the Public Improvement Standards and this Chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

An existing sanitary sewer lateral may only be connected to a new or remodeled building when video inspection of the sanitary sewer lateral has shown, to the satisfaction of the Director, that the sanitary sewer lateral meets all requirements of the Public Improvement Standards and this Chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Adequate pumps and backflow prevention devices shall be installed in all developed parcels in which any sanitary sewer lateral is too low to permit gravity flow to the public sanitary sewer main. The installation and maintenance of these devices shall be at owner’s expense. The approval of the Director shall be required for installation of any such pump or backflow prevention device. Such devices shall remain in operation and in good repair as a condition for the provision of City utility service to the parcel. The City will not be responsible for any failure of a backflow prevention device.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

(a) Sanitary sewer laterals shall be owned, repaired, maintained, and/or replaced by the owner(s) of each property served, at such owner’s sole expense, or pursuant to a maintenance agreement accepted by the Director of Public Works, pursuant to Section 6-3.503.

(b) Overflows from Sanitary Sewer Laterals Serving Single Units. If a property has a sanitary sewer overflow, the property owner shall cause the overflow to stop immediately and have sewer lateral blockages, breaks, and other deficiencies repaired within ten (10) working days. In addition, should a second overflow occur within a twelve (12) month period, it is required that the sanitary sewer lateral be televised and repaired or replaced and certified in writing, by a NASSCO certified, licensed plumber, to be in good working order and free of obstructions and/or breaks.

(c) Overflows from a Private Sanitary Sewer Collection System. If a sanitary sewer overflow occurs, the property owner shall cause the overflow to stop immediately and have sewer lateral blockages, breaks, and other deficiencies permanently repaired by a NASSCO certified, licensed plumber within five (5) working days. The property owner shall submit a written report to the City describing the cause of the overflow and the remedial actions taken to repair the sanitary sewer collection system. The Director shall evaluate the report and make a determination as to the acceptability of the remedial actions and whether additional remedial actions, including full or partial replacement of the sanitary sewer collection system, shall be taken.

(d) Testing of Sanitary Sewer Laterals. Upon change of ownership and before close of escrow, or upon proposed change of use, any property that includes buildings or structures connected to a sanitary sewer main that was constructed more than fifteen (15) years before the date of sale or change in use, and has not had its sanitary sewer lateral inspected within the past fifteen (15) years, shall have the sanitary sewer lateral inspected. A video inspection shall be completed by a NASSCO certified, licensed plumber from the building to the connecting public sanitary sewer main, and shall certify the lateral to be in good working order and free of obstructions and/or breaks. The Director shall establish or approve testing procedures. The City will not assume responsibility for costs of the testing and/or repairs.

(1) For the purposes of this section, “proposed change of use” includes any significant improvement, addition, construction, reconstruction, remodeling, modification or alteration of or to an existing or previous existing property, any change of tenancy in property located in areas zoned for commercial use in the City’s General Plan, or the addition of an accessory dwelling unit and/or junior accessory dwelling unit.

(2) Option to Transfer Seller’s Responsibility to Buyer. Before the sale of property, the seller and buyer may mutually agree to transfer responsibility for any needed sanitary sewer lateral repairs identified in the lateral testing procedure. The signed transfer of responsibility to repair form must be accepted by the City prior to close of escrow and included in the real estate transfer documentation. Repairs must be completed by the buyer within the time frame specified in the transfer of responsibility to repair form. The City reserves the right to complete the required lateral repairs within the City’s right-of-way and charge the property owner for the cost of said repairs if the property owner fails to comply with the terms of the transfer agreement.

(e) All private sanitary sewer lift stations (pump systems) shall be inspected annually by a NASSCO certified, licensed plumber to confirm the system is in good working order. The Director shall establish or approve testing procedures. Upon change of ownership and prior to close of escrow, or upon change of use of a property containing a private sanitary sewer lift station, a maintenance agreement shall be executed and recorded on the property if one does not currently exist.

(f) All private sanitary sewer collection systems shall be repaired, maintained and/or replaced by the entity that owns the system. Private sanitary sewer systems must submit a written report to the Director of Public Works detailing annual maintenance records. Upon request of the City, private collection system owners shall submit video inspection of the entire system a minimum of every fifteen (15) years. A NASSCO certified, licensed plumber shall video inspect the complete system the entity is responsible for, including, but not limited to, laterals, connections, manholes, force mains, and collectors.

(g) Reimbursement for Regulatory Fines. The property owner shall be required to make payment to the City and reimbursement for any fines levied against the City by regulatory agencies as the result of failure of a sanitary sewer lateral, private sanitary sewer collection system, or private sanitary sewer lift station.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004, and § 1, Ord. 1437-22 (CM), eff. October 13, 2022)

All applicable requirements of this Chapter shall be a condition precedent to the approval of any tentative or the recording of any final subdivision map, including the dedication of easements or rights-of-way for sanitary sewer mains. The Council shall approve the final subdivision map prior to the issuance of permits.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

If an easement is required for the construction or access to a public sanitary sewer main, any other component of the POTW, or a sanitary sewer lateral, the applicant shall obtain and provide for Council approval an easement for the construction, access, repair, replacement or maintenance of sanitary sewer facilities. The easement width shall be determined by the Director.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Only applicable State licensed contractors shall be authorized to construct public sanitary sewer mains within the City streets and rights-of-way. All terms and conditions of the permit issued by the City to the applicant shall be binding on the contractor.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

No person shall construct, extend, uncover, make any connection to, use, alter, or disturb any component of the POTW or sanitary sewer lateral without first obtaining a written permit from the City. Such person shall further give a description of the character of the work proposed to be done and the location, ownership, occupancy, and use of the premises in connection therewith. The Director may require plans, specifications, or drawings and such other information as the Director may deem necessary. If the Director determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant are in compliance with the laws, rules, and regulations of the City, the Director shall direct the issuance of the permit applied for upon the payment of required fees.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

(a) Prohibitions on Discharge. No person shall discharge, or cause to be discharged, into the POTW any waste which may cause pass-through or interference, have an adverse or harmful effect on the POTW, persons, or public and private property. In addition, any waste which may create a public nuisance, cause the POTW to violate its National Pollutant Discharge Elimination System (NPDES) permit, or otherwise endanger the public or environment shall not be discharged to the POTW. In determining the acceptability of a specific waste, consideration will be given to the chemical constituents, physical characteristics of the waste, and the adequacy of the collection, treatment, and disposal systems available to accept waste. The Director may impose pretreatment standards, referred to as “local limits,” which are more stringent than national pretreatment standards upon individual dischargers, should it be necessary to comply with the provisions of this chapter or any of the aforementioned requirements. Accordingly, the Director shall from time to time revise the local limits and submit the same to the Council for adoption by resolution. Specifically, except as provided in this section, no person shall discharge or cause to be discharged to the POTW any of the following waste:

(1) Waste in violation of national pretreatment standards. National pretreatment standards shall apply in any instance where they are more stringent than those in this chapter.

(2) Waste in violation of State regulations.

(3) Waste in violation of local limits. The Council has adopted the following local limits applicable to all users of the City of Watsonville POTW:

1. Total metals concentration.

(4) Any gasoline, benzene, naphtha, solvent, fuel oil, or liquid, solid, or gas with a closed cup flash point of less than one hundred forty (140) degrees Fahrenheit, that would cause, or tend to cause, flammable or explosive conditions to result in the POTW.

(5) Any waste containing toxic or poisonous solids, liquids, or gases in such quantities that, alone or in combination with other substances, may create a hazard for persons, animals, or the environment, cause a public nuisance, interfere with the POTW in any way, or cause any hazardous condition to occur in the POTW.

(6) Any waste having a pH lower than six (6) units or greater than ten (10) units having any corrosive or alkaline characteristic that may cause injuries to persons or may cause damage to buildings, equipment, or other physical facilities of the POTW, or adversely impact the POTW in any way.

(7) Any solid or viscous substance of such size or in such quantity that it may cause an obstruction to the flow in the POTW or be detrimental to proper operation of the POTW. Such objectionable substances shall include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, non-water-soluble paints, rags, lint, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair, fleshings, entrails, paper products, either whole or ground.

(8) Any water added for the purpose of diluting waste which would otherwise exceed applicable concentration limitations.

(9) Any nonbiodegradable cutting oil, commonly called soluble oil, which forms persistent water emulsions.

(10) Any substance generating or causing the generation of toxic gases or liquids.

(11) Heat in amounts which will damage the POTW or inhibit biological activity in wastewater treatment plant processes resulting in interference, but in no case heat in such quantities that the temperature at the wastewater treatment plant headworks exceeds one hundred four (104) degrees Fahrenheit.

(12) Any waste requiring an excessive quantity of any chemical compound used for disinfection or oxidation purposes.

(13) Any strongly odorous waste or waste tending to create odors.

(14) Any waste containing over one hundred (100) micrograms/liter of dissolved sulfides.

(15) Any waste containing over one hundred (100) milligrams/liter of biodegradable oils and fats, such as lard, tallow, and vegetable oil (polar oil and grease).

(16) Any waste containing substances that may precipitate, solidify, or become viscous at temperatures between fifty (50) degrees and one hundred (100) degrees Fahrenheit.

(17) Any waste producing discoloration of POTW effluent which may cause NPDES permit violation.

(18) Any pollutant released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the POTW.

(19) Any waste containing detrimental quantities of the following:

(i) Nonbiodegradable oil, petroleum oil, or refined petroleum products.

(ii) Cyanide.

(iii) Suspended or dissolved solids.

(iv) Decomposable organic content as measured by the five (5) day biochemical oxygen demand test (BOD) or the chemical oxygen demand test (COD).

(v) Halogenated hydrocarbons, including but not limited to pesticides, herbicides and algaecides.

(vi) Nutrients.

(vii) Heavy metals or compounds containing heavy metals, such as (but not limited to) antimony, arsenic, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, silver, thallium, or zinc.

(viii) Boron.

(ix) Phenol and phenolic compounds.

(x) Volatile and semi-volatile organic compounds, including all compounds identified by EPA analytical methods 624 and 625.

(xi) Surfactant.

(xii) Chelating agents.

(xiii) Brine and brine waste.

(b) Prohibitions on Storm Water and Groundwater. Surface or subsurface drainage resulting from storm water or groundwater, including, but not limited to, street drainage, yard drainage, irrigation runoff, and subsurface drainage, shall not be discharged through direct or indirect connections to a public sanitary sewer main. Any discharger that utilizes or plans to utilize an uncovered exterior drain having a tributary drainage area greater than four hundred (400) square feet shall obtain prior written approval of the Director. The Director shall require such dischargers to submit plans indicating how storm water will be prevented from entering the POTW.

(c) Prohibition on Unpolluted Water. The Director shall regulate the discharge of unpolluted water to the POTW. Unpolluted water may include, but is not limited to, noncontact cooling water or blow down from cooling towers or evaporative coolers. Such water shall not be discharged, or mixed with wastewater to be discharged, through direct or indirect connections to the POTW. The Director shall approve the discharge of such water on a case-by-case basis only when no reasonable alternative method of disposal is available. If a discharger receives approval for disposal of such water to the POTW, the discharger shall pay the applicable user charges and fees and meet such other conditions as required by this chapter.

(d) Limitations on Radioactive Waste. No person shall discharge, or cause to be discharged, any radioactive waste to the POTW, except when all of the following are satisfied:

(1) When the person is authorized to use radioactive materials by the Department of Health Services of the State or other governmental agency empowered to regulate the use of radioactive materials;

(2) When the waste is discharged in strict conformity with the current Radiation Control Regulations of the State (Title 17 of the California Code of Regulations) and the Atomic Energy Commission regulations and recommendations for safe disposal;

(3) When the person is in compliance with all the rules and regulations of all other applicable regulatory agencies; and

(4) When a wastewater discharge permit to discharge such materials has been issued by the Director.

(e) Limitations on the Use of Garbage Grinders. Waste from garbage grinders shall not be discharged into the POTW except for waste generated in the preparation of food within individual residential units. All garbage grinders shall shred the waste to a degree that all particles will be carried freely under low flow conditions occurring in the POTW. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.

(f) Limitations on Swimming Pool Discharges. Swimming pool water shall not be discharged to the POTW except in the manner specified in this subsection. The size of the discharge pipe conveying pool water shall not exceed two (2") inches in diameter. In no case shall the rate of flow to the public sanitary sewer main exceed fifty (50) gallons per minute or cause public sanitary sewer main surcharge. No permanent connection to the POTW shall be permitted, except for the disposal of filter backwash as required by applicable health regulations. Swimming pool water shall not be discharged having a pH value of less than six (6) pH units.

(g) Limitations on Point of Discharge. No person shall discharge any waste directly into a manhole or other opening to the POTW other than through an approved sanitary sewer lateral, unless the proposed discharger submits prior written application and obtains prior written approval from the Director and pays applicable user charges and fees.

(h) Mobile Waste Haulers. For the purpose of this chapter a mobile waste hauler is considered a discharger and shall be subject to all provisions applicable to a discharger. Any mobile waste hauler desiring to discharge wastewater at the POTW shall obtain a wastewater discharge permit. The following waste is generally permitted with the approval of the Director:

(1) Domestic septage.

(2) Liquid waste generated by commercial, institutional or industrial facilities, that do not contain prohibited materials as listed in subsection (a) of this section.

(3) Chemical toilet waste, which contain only those chemical toilet additives approved by the Director.

(4) Truck-transported waste shall be discharged only at the locations, times, and in the manner designated by the Director. The wastewater treatment plant operator retains the right to refuse a permitted mobile waste hauler permission to discharge certain waste should it be necessary, in the judgement of the wastewater treatment plant operator, to protect the POTW, personnel or to ensure compliance with applicable discharge standards.

(5) Any person operating a facility for the disposal of sanitary waste from holding tanks mounted on house trailers, recreational vehicles, or other similar vehicles shall obtain written approval from the Director and pay all appropriate user chargers and fees. Wastes shall be discharged only at the locations, times, and in the manner designated by the Director.

(i) Authority to Control New or Increased Contributions. The Director may deny or condition any new or increased contributions of flow, pollutants, or changes in the chemical constituents or physical characteristics of waste discharged to the POTW.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

(a) Purpose of Pretreatment. A treatment system or device shall be required to treat waste prior to discharge to the POTW when it is necessary to restrict, prevent, or to distribute more equally over time the chemical constituents or physical characteristics of waste. All pretreatment facilities shall be provided, operated, maintained and certified at the discharger’s expense.

(b) Approval of Pretreatment System. No pretreatment system or device shall be installed or operated without the prior written approval of the Director. However, such approval shall not absolve the discharger of the responsibility of complying with the provisions of this Chapter. Should an inspection of a pretreatment system or device by the Director reveal that such system is not installed or operating in conformance with the plans and procedures submitted to and approved by the Director, or is not operating in compliance with the discharge limitations required by this Chapter, the discharger shall make modifications so as to comply with applicable requirements. Such modifications may include, but not be limited to, loading reduction, increased frequency of maintenance, inspection or cleaning, and addition of physical facilities to expand loading capacity. All cost of such modifications shall be borne by the discharger.

(c) Construction of Sanitary Sewer Line. In special cases, the construction of a separate sanitary sewer line by the discharger may be required to convey certain waste to a specific public sanitary sewer main.

(d) Certification of Design. All pretreatment systems or wastewater handling systems requiring engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the State.

(e) Mandatory Pretreatment Measures. The following pretreatment measures shall be mandatory for the indicated types of waste:

(1) Grease Interceptors.

(i) All waste discharged from food service establishments, industrial, institutional or commercial establishments which contain, or are likely to contain, oil or grease in detrimental amounts shall be passed through a suitable grease interceptor before discharge into a public sanitary sewer main. Establishments which may require grease interceptors shall include, but not be limited to, restaurants, meat packing facilities, catering facilities and commercial, institutional or industrial facilities engaging in the preparation and/or service of food.

(ii) The grease interceptor shall be of a type and capacity approved by the Director and shall be so located as to be readily accessible for cleaning and inspection. Not withstanding the foregoing, no grease trap shall have a flow rate of less than thirty-five (35) gallons per minute.

(iii) The interceptor shall be maintained in efficient operating condition by periodic removal of the accumulated oil, grease and solids. The frequency of this cleaning shall be at least weekly for all small interior grease traps. The cleaning frequency of large exterior interceptors shall be determined by the Director on a case-by-case basis. In no case shall the frequency of cleaning be less than every ninety (90) days. The cleaning of exterior interceptors shall be by a licensed commercial grease interceptor pumper, who has been granted a permit by the Director to service interceptors within the City. Whenever an interceptor is cleaned the full volume of water and waste in the interceptor shall be removed. Under no circumstances shall the removed water and waste be reintroduced into an interceptor or any City sanitary sewer.

(iv) The use of any chemical or biological compounds for the digestion or dissolving of grease is prohibited.

(v) The use of garbage disposals is prohibited in food service establishments.

(vi) The connection of a high temperature or high flow dishwasher is prohibited except where a 1,000 gallon-plus interceptor is in use.

(vii) Whenever an interceptor is cleaned, a copy of approved documentation detailing said cleaning shall be submitted to the Director by no later than thirty (30) days after the date of cleaning.

(2) Petroleum Separators. All waste which contain, or are likely to contain petroleum, and petroleum products such as oil, grease or any flammable substance, shall be passed through a suitable separator before discharge to a public sanitary sewer main. The separator shall be of a type and capacity approved by the Director and shall be so located as to be readily accessible for cleaning and inspection. Petroleum separators shall be pumped periodically to prevent the pass through of petroleum products. All materials removed from a petroleum separator shall be disposed of in accordance with local, State and Federal law.

(3) Sand/Lint Separators. All industrial or commercial waste which contain, or are likely to contain, sand or grit and/or lint, shall be passed through a suitable separator before discharge to a public sanitary sewer main. The separator shall be of a type and capacity approved by the Director and shall be so located as to be readily accessible for cleaning and inspection.

(4) Fine Screens. All waste resulting from the processing of fruits, vegetables, plants, fish, poultry, animals or other agricultural products shall be passed through a suitable fine screen with openings of not more than one-eighth (1/8) inch, prior to discharge to the POTW.

(f) Restriction on Domestic Waste. All domestic wastewater from restrooms, showers, drinking fountains, and the like shall be kept separate from all waste requiring pretreatment until such waste has passed through the required pretreatment system or device.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

Each discharger shall provide protection from the accidental discharge of prohibited materials or other waste regulated by this Chapter. Any facilities for the prevention of accidental discharge shall be provided and maintained at the discharger’s expense. Detailed plans showing the facilities and operating procedures to provide such protection shall be submitted to the Director for review and approval prior to the construction of the facilities. However, such approval shall not absolve the discharger of the responsibility of complying with the provisions of this Chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

(a) Waste Discharge Reports. The Director may require that any person discharging or proposing to discharge waste to the POTW file a waste discharge report. The waste discharge report shall include, but shall not be limited to: the nature of the process, volume, rates of flow, mass emission rate, production quantities, hours of operation, and other information which relates to the generation of waste, including the chemical constituents and physical characteristics of the waste. Such reports shall also include the chemical constituents, physical characteristics and quantity of liquid or gaseous materials stored on-site, even though they may not normally be discharged. In addition to such waste discharge reports, the Director may require information in the form of a waste discharge permit application and discharger self-monitoring reports. In order to ensure that Federal reporting requirements are satisfied, reports shall conform to the minimum requirements as specified by 40 CFR Part 403.12.

(b) Mandatory Wastewater Discharge Permits. All proposed or existing “Significant Industrial Users” (SIUs) shall obtain a wastewater discharge permit before connecting to or discharging into a public sanitary sewer main. For the purpose of this Article, a “Significant Industrial User” is defined as follows:

(1) All industrial dischargers subject to National Categorical Pretreatment Standards.

(2) Any other industrial discharger that:

(i) Discharges 25,000 gallons per day (gpd) or more of process wastewater during an average operating day (process wastewater excludes sanitary, non-contact cooling and boiler blow down wastewaters); or

(ii) Contributes a process waste stream which makes up five (5%) percent or more of the average dry weather hydraulic, BOD, or SS capacity of the POTW; or

(iii) Has reasonable potential, in the opinion of the Director, to adversely affect the POTW by inhibition, pass-through of pollutants, sludge contamination, or endangerment of persons, facilities or the environment.

(c) Optional Wastewater Discharge Permits. The Director may require a discharger to obtain a wastewater discharge permit in accordance with the terms of this section should the Director determine it to be necessary due to the unusual nature of the discharger’s waste.

(d) Permit Applications. A discharger required to obtain a wastewater discharge permit by this section shall complete and file with the Director an application in the form prescribed by this section. The application shall be accompanied by the applicable fees as established by Council resolution. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information or the applicant’s best estimate of such information:

(1) The name, address, and Standard Industrial Classification number of the applicant.

(2) The volume of wastewater to be discharged, including, but not limited to, peak flow thirty (30) day average, peak instantaneous flow, annual total flow volume.

(3) Chemical constituents and physical characteristics of waste, including, but not limited to, those set forth in Section 6-3.513, including seasonal variations of such parameters.

(4) The time and duration of the discharge.

(5) Site plans, floor plans, wastewater plumbing plans and sampling locations, and details to show all sanitary sewers and appurtenances by size, location, drainage pattern, and relative elevation.

(6) A description of the activities, facilities, and plant processes (e.g., general type of product processed) on the premises, including all materials, processes, and types of materials which are or could be discharged.

(7) Each product produced by type, amount, and rate of production, including seasonal variations.

(8) The hours of work, including seasonal variations.

(9) Additional pertinent information required by the Director to evaluate the permit application and demonstrate compliance with this chapter, national pretreatment standards or other applicable federal or State regulations.

(10) The Director will evaluate the data furnished by the discharger and may require additional information. After the evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit subject to the terms and conditions provided in this chapter. If the discharger is not in agreement with the permit conditions proposed by the Director, the discharger may appeal in accordance with the provisions of Section 6-3.702.

(e) Permit Conditions. Wastewater discharge permits shall be expressly subject to all the provisions of this chapter and all other applicable regulations, user charges and fees established by the Council resolution. The conditions of wastewater discharge permits shall be enforced by the Director in accordance with this chapter and applicable federal and State regulations. Permits shall contain the following:

(1) Limits relating to flow regulation and equalization, including but not limited to the rate and time of discharge.

(2) Effluent limitations, including best management practices (BMPs) based on applicable pretreatment standards.

(3) Requirements for the installation of flow metering and sampling facilities.

(4) Notification requirements regarding slug loadings, spills, bypasses, or upsets, significant changes in discharge, within twenty-four (24) hours after noticing a violation.

(5) Specifications for self-monitoring, sampling, reporting, and recordkeeping requirements, including resampling within thirty (30) days after noticing a violation.

(6) Requirements for the submission of technical reports, discharge reports, or compliance schedule progress reports.

(7) A statement of applicable criminal and civil penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.

(8) The mean and maximum mass emission rates for current or proposed waste in the discharger’s effluent.

(9) Statement of duration (in no case longer than five (5) years).

(10) Statement of nontransferability.

(11) Requirements for a slug discharge control plan, if determined by the Director to be necessary.

(12) Prohibition on dilution as a substitute for treatment.

(13) Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. 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 such analyses. These records shall remain available for a period of at least three (3) 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 Director.

(14) Other conditions as deemed appropriate by the Director to ensure compliance with this chapter or applicable federal or State regulations.

(f) Permit Compliance Schedules. New and existing dischargers shall comply with the following permit compliance schedule:

(1) New Dischargers. New dischargers shall comply with all requirements of this chapter, and applicable federal or State regulations prior to commencement of discharge.

(2) Existing Dischargers. Within one hundred eighty (180) days following the issuance of a wastewater discharge permit, the discharger shall have completed the construction of all required sampling, monitoring, and pretreatment facilities, unless a time extension is otherwise granted by the Director. The Director may grant extensions on a case-by-case basis when delays are encountered which are beyond the discharger’s control, such as those due to late equipment deliveries when equipment was ordered in a timely manner, unforeseeable construction conditions, poor weather, and the like. Under no circumstances shall construction of sampling, monitoring and pretreatment facilities be delayed longer than two hundred seventy (270) days following the issuance of a wastewater discharge permit.

Whether situated on public or private property, the sampling, monitoring and pretreatment facilities as required by Sections 6-3.514 and 6-3.517 shall be constructed as approved by the Director.

Any compliance schedule imposed upon a discharger in accordance with provisions of this section does not relieve the discharger of complying with any effluent limitation, monitoring or sampling requirement established by this chapter or applicable federal or State regulations.

(g) Duration of Permits. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. The permitted discharger shall apply for a revised wastewater discharge permit not less than one hundred eighty (180) calendar days prior to the expiration date of the permit.

(h) Amendment of Permits. The terms and conditions of the permit may be subject to amendment by the Director during the life of the permit as limitations or requirements identified in Section 6-3.513 are modified and changed. Any discharger affected by such modification shall be informed not less than thirty (30) calendar days prior to the effective date of the change. Any such permit modification or new condition shall include a reasonable time schedule for compliance, except when expressly prohibited by federal or State regulations.

(i) Permit Limitations. A wastewater discharge permit is issued and limited to the use of a specific discharger for a specific processing or manufacturing operation, and for a specific site. Except as provided by this subsection, a wastewater discharge permit shall not be reassigned, transferred, or sold. However, a wastewater discharge permit may be temporarily reassigned for a ninety (90) calendar day period to a new owner for the purpose of facilitating the transition of ownership. Temporary reassignment shall be permissible only if immediately upon acquisition of the facility the new owner files a written certification with the Director stating that:

(1) There will be no substantial change in the processing, or manufacturing operations, increase in peak month thirty (30) day average waste loading, and no change in location of permitted facilities as identified in the previous discharger’s wastewater discharge permit to be temporarily reassigned as a result of the change in ownership; and

(2) The owner agrees to comply with all the conditions of the previous discharger’s wastewater discharge permit which is to be temporarily reassigned. The new owner shall submit a permit application in accordance with subsection (d) of this section by no later than fifteen (15) calendar days from the date the new owner acquires the facility; and

(3) Each discharger must notify the City of any significant changes to the discharger’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. All industrial users shall promptly notify the Director in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification. The Director may require submission of a discharge permit application or modify an existing permit in response to the anticipated changed conditions.

(j) Inter-Jurisdictional Agreements. Any ordinance, resolution or discharge permit enacted by another sanitary district, that is provided wastewater treatment by the City, shall not set discharge limitations for any discharger that are less stringent than those required by this chapter.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

(a) General Requirements. The Director shall require all significant industrial users and may require other dischargers to provide, install and operate at their own expense, monitoring facilities to allow inspection, sampling, influent flow, and effluent flow measurement of the sanitary sewer or internal drainage systems. The monitoring facility should normally be situated on the discharger’s premises. However, when such a location would be impractical or cause undue hardship on the discharger, the Director may allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. All dischargers with monitoring facilities shall allow ready access for the Director. There shall be ample room provided in or near such monitoring facilities to allow the Director the opportunity to collect accurate flow data and monitor the chemical, biological and physical characteristics of the discharger’s effluent. Monitoring equipment shall be maintained so as to ensure safe access and inspection, and proper operation of equipment. The cost of such maintenance shall be borne by the discharger.

(b) Determination of Wastewater Discharge Volume. For the purpose of determining wastewater volume, dischargers shall have their wastewater volume determined to be equal to the total volume of water used from all sources. The total volume of water used from all sources will be determined by means of public and/or private meters. User charges and fees shall be established by Council resolution. To ensure accuracy, the Director shall require periodic professional calibration of flow metering equipment, including private well meters. When such calibration is required the discharger shall submit written certification of calibration to the Director. The cost of such calibration shall be borne by the discharger. Should the Director utilize a discharger’s flow meter for the purpose of assessing user charges and fees, the Director shall have unimpeded access to such meter. Such meters may be locked for the purpose of safeguarding the equipment. In such an instance the discharger shall supply the Director with duplicate set of keys for each lock or the combination to each lock securing the equipment.

(c) Monitoring Multiple Discharge Points. When a discharger utilizes more than one point for disposal of waste to the POTW and requires monitoring as set forth in this section, the discharger shall either:

(1) Install metering and monitoring facilities to serve each discharge point. The cost of such facilities shall be borne by the discharger; or

(2) Re-route existing piping so that all waste is discharged to the POTW at one point. Should the discharger abandon a sanitary sewer lateral as a result of rerouting existing piping, the abandonment shall conform with the provisions of this chapter. The cost of any such modification shall be borne by the discharger.

(d) Approval of Monitoring Equipment and Installation Location. Prior to the issuance of a wastewater discharge permit, the discharger shall submit, for approval by the Director, a detailed description and site plan showing the location of the monitoring equipment intended to be used. The description should include the discharger’s intended method of determination of wastewater volume. The approval of such plans by the Director shall not absolve the responsibility of complying with the provisions of this chapter.

(e) Baseline Monitoring Reports. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to a POTW shall submit to the Director a report which contains the information listed in subsections (e)(1) through (6) of this section. At least ninety (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 submit to the Director a report which contains the information listed in subsections (e)(1) through (6) of this section. New sources shall also 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 its anticipated flow and quantity of pollutants to be discharged. Each baseline monitoring report must be certified in accordance with Section 6-3.518(a). Each baseline monitoring report must contain the following information:

(1) Name and address of the facility, including name of the owner and operator;

(2) List of any environmental control permits held by the facility;

(3) Description of the operation, average rate of production, and Standard Industrial Classification of the operation. The description should include a schematic process diagram which indicates the points of discharge to the POTW;

(4) Measured average daily and maximum daily flow, in gallons per day. New sources shall submit estimates of the flow to be discharged;

(5) The pretreatment standards applicable to each regulated process;

(6) The analytical results of a minimum of one representative sample analyzed for the pollutants requested by the Director. New sources shall give estimates of its anticipated quantity of pollutants to be discharged. All sampling and analytical procedures shall comply with Section 6-3.519, Test procedures.

(f) Compliance Schedule Progress Reports. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The schedule shall contain increments of progress 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 industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No progress increment shall exceed nine (9) months. The user shall submit a progress report to the Director not later than fourteen (14) days following each date in the schedule and the final date for compliance, 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 (9) months elapse between such progress reports to the Director.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

(a) Discharger Self-Monitoring Program. The discharger’s self-monitoring program shall be established by the Director through the wastewater discharge permit, in accordance with the minimum requirements established by this chapter. The peak thirty (30) day average flow used for determining the minimum sampling requirements shall be based on either past water usage records, past wastewater volume records, or an estimated wastewater volume approved by the Director. Discharger’s self-monitoring reports shall include a record of measured or estimated average and maximum daily flows from the regulated process for the reporting period. If, during any year, the discharger’s wastewater volume increases to an amount requiring a more extensive monitoring program, the Director shall require the discharger to install additional monitoring equipment as necessary to meet the minimum requirements of this chapter. The addition of monitoring facilities shall be subject to the requirements of Section 6-3.517. The cost of the additional facilities shall be borne by the discharger. A discharger’s self-monitoring shall be submitted twice per year at a minimum (except for NSCIUs), in June and December, unless specified otherwise by the Director in the wastewater discharge permit. The self-monitoring report must indicate the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. Additional pollutant monitoring may need reporting as required by the Director. 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 Director or the pretreatment standard necessary to determine the compliance status of the user. An authorized representative of the user, meeting the definition in Section 6-3.100, who signs the self-monitoring report, baseline monitoring report, or compliance report must include the following certification statement with each report:

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.

The Director may determine a facility to be a nonsignificant categorical industrial user (NSCIU) pursuant to 40 CFR 403.3(v)(2). The Director may reduce the reporting and monitoring requirements for a NSCIU to a requirement to report no less frequently than once a year, where the industrial user meets all of the conditions of 40 CFR 403.12(e)(3). The NSCIU must annually submit the following certification statement signed by an authorized representative of the user meeting the definition in Section 6-3.100. This certification must accompany any other reports required by the Director:

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 ________, ____ [month, days, year]:

The facility described as ________ [facility name] met the definition of a non-significant categorical Industrial User as described in §403.3(v)(2); (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 upon the information contained in this report:

(b) Discharger Self-Monitoring Samples and Analysis. Discharger self-monitoring samples shall be collected and stored by the discharger in a manner prescribed by the Director. Discharger self-monitoring samples are required to be collected during periods in which the plant discharge is most representative of typical plant operations. The discharger shall be responsible for submitting certified copies of test results to the Director. The cost of sample analysis shall be borne by the discharger. If a discharger monitors any regulated pollutant at the appropriate sampling location more frequently than required in the permit, the results of this monitoring shall be included in the self-monitoring report. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (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 Director. Where time-proportional composite sampling or grab sampling is authorized by the Director, 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 that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (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 Director, as appropriate. For sampling required in support of baseline monitoring and ninety (90) day compliance reports, a minimum of four (4) 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 Director may authorize a lower minimum.

(c) Inadequate Discharger Self-Monitoring, Sampling and Analysis. Should the Director determine that the discharger’s self-monitoring, sampling or analytical efforts are inadequate, in any regard, the Director may elect, in addition to taking administrative or legal actions, to supplement or totally perform the discharger’s monitoring program. The cost the City incurs by performing or supplementing the discharger’s self-monitoring program shall be borne by the discharger.

(d) Re-Sample. If sampling performed by a discharger indicates a violation, the user shall notify the City within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. Re-sampling by the discharger is not required if the City performs sampling at the discharger’s facility at least once a month, or if the City performs sampling at the discharger between the time when the initial sampling was conducted and the time when the discharger or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the discharger.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

All pollutant analysis shall be performed by a laboratory certified under the California Department of Health Environmental Laboratory Accreditation Program (ELAP) or as approved by the Director and the analysis shall be in accordance with 40 CFR Part 136, Guidelines Establishing Test Procedures for Analysis of Pollutants. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by other parties approved by EPA.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

All information and data concerning a discharger which is obtained from wastewater discharge reports, questionnaires, permit applications, permits, monitoring programs, or inspections shall be subject to the provisions of Section 308(b) of the Clean Water Act. Any information submitted pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page of such information. If no claim is made at the time of submission, the Director may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR Ch. 1, Parts 1 and 2 (Public Information). Effluent data and information submitted to the Director pursuant to this chapter shall be available to the public at least to the extent provided by 40 CFR Ch. 1, Section 2.302.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

(a) Notification of Spill, Slug Discharge, and Operating Upset. The Director shall be notified immediately upon release of any material or waste in violation of this chapter or following any accident or occurrence that causes the discharge to the POTW of any material whose nature and quantity might be reasonably judged to pose a hazard to the public, City personnel, POTW, or the environment. Such notification shall not relieve the party of liability for any expense, loss, or damage to the POTW or for any fine imposed on or by the City. Such notification shall be followed within five (5) working days after the date of such occurrence by a detailed written statement describing the causes of the accidental or slug discharge and the measures being taken to prevent future occurrence.

(b) Notices to Employees. In order that employees of the discharger may be informed of City requirements, the discharger shall make available to all employees copies of this chapter. In addition, the discharger shall make available such other related information, permits and notices as may be furnished by the City from time to time and which are directed toward implementation of this chapter. A notice shall be furnished to each employee and posted on a bulletin board on the premises advising employees of whom to call in case of an accidental discharge in violation of this chapter.

(c) Reporting of Hazardous Waste Discharges. The industrial user shall notify the POTW, 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 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, the quantity of hazardous waste discharged, and the cause(s) of the discharge. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

In accordance with the federal public participation requirements of 40 CFR Part 25, the City shall publish, at least once annually, a list of any discharger found to be “significantly noncompliant” during the previous twelve (12) month period. When the City makes changes to its pretreatment program, the public is allowed a thirty (30) day comment period to review the changes.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1252-10 (CM), eff. February 11, 2010)

Connection fees and charges shall be in accordance with a schedule established by resolution of the Council. Connection fees shall be in effect for all new connections to a public sanitary sewer main. No one shall have ownership of any sanitary sewer capacity for which no sanitary sewer connection fee has been paid to the City.

(a) Sale or Transfer of Sanitary Sewer Capacity. All POTW capacity shall remain with the parcel to which it was originally allocated. POTW capacity may not be traded, sold or transferred without the written approval of the Director.

(b) New Construction. All newly constructed residential or commercial units shall pay the appropriate sanitary sewer connection fees as set forth by Council resolution prior to receiving an occupancy permit. All newly constructed industrial facilities shall, prior to receiving an occupancy permit, acquire by purchase or lease sufficient POTW capacity in an amount equal to not less than its estimated peak monthly discharge.

(c) Existing Facilities.

(1) Any residential, or commercial parcel which increases its POTW usage above that for which it originally paid a sanitary sewer connection fee, shall pay an additional sanitary sewer connection fee for that portion of its usage above the amount for which it originally paid. The additional fee shall be based on the rates in effect at the time the increased usage was identified by the City.

(2) If an industrial facility exceeds its authorized POTW capacity allocation, as adopted by City Council resolution, it shall either purchase or lease additional POTW capacity sufficient to cover its peak monthly POTW discharge and pay an additional sanitary sewer connection fee for that portion of its usage above the amount for which it originally paid. The additional fee shall be based on the rates in effect at the time the increased usage was identified by the City.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000, as amended by § 1, Ord. 1176-04 C-M, eff. June 8, 2004)

All newly constructed residential, commercial or industrial units shall pay the appropriate storm sewer connection fees as set forth by Council resolution prior to receiving an occupancy permit.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Any non-storm water discharges to the City storm water sewer system are prohibited, unless in compliance with an NPDES permit. Exceptions to this prohibition are set forth in subsections (a) and (b) below:

(a) Discharges Not Polluting the Waters of the State. NPDES permitted non-storm water discharges and discharges which are not sources of pollutants to waters of the State (as described in 40 CFR 122.26(d)(2)(iv)(B)(1)) provided that the discharger is in full compliance with applicable laws or regulations.

(b) Properly Managed Discharges. Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed in a manner satisfactory to the Director: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground water, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing, flows from riparian habitats, and wetlands, or flows from fire fighting activities.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Any illicit drainage or illicit connection to the City storm water sewer system shall be unlawful. This prohibition is expressly retroactive and applies to any and all connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or in effect at the time of the connection.

(§ 1, Ord. 1088-00 C-M, eff. April 14, 2000)

Any person engaged in activities which will or may result in pollutants entering the City storm water sewer system shall implement all best management practices (BMPs) necessary to adequately or sufficiently reduce such pollutants.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

Property owners shall be responsible for implementing (see Section 6-3.100(e)) BMPs as required by the Director.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

(a) Any person engaged in any activity which will, or may, result in pollutants entering storm water, the storm drain system, or receiving waters shall first obtain any required NPDES storm water permit.

(b) The Director may require documentation demonstrating coverage by and compliance with any applicable permit, including copies of any notice of intent, storm water pollution prevention plans, inspection reports, monitoring results, and other information deemed necessary to assess compliance with this chapter or any NPDES permit.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

Every property owner with property through which a watercourse passes shall keep and maintain that part of the watercourse within the property reasonably free of materials, trash, debris, and other obstacles which would pollute, contaminate, or significantly impede the watercourse; shall maintain existing privately owned buildings within or adjacent to a watercourse so that such buildings will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove vegetation in such a manner so as to increase the vulnerability of the watercourse to erosion. Unless a permit has been obtained from the Director, in addition to any required State or federal permits, the following acts are prohibited:

(a) Discharges into a Watercourse. Discharge into or connect any pipe or channel to a watercourse.

(b) Flow Modifications. Modify the natural flow of water in a watercourse.

(c) Development in a Watercourse. Carry out development within a watercourse setback.

(d) Deposit or Remove Materials from a Watercourse. Deposit, plant, or remove any material from a watercourse including the streambed and banks, except as required for necessary maintenance.

(e) Modifications to Buildings in a Watercourse. Construct, alter, enlarge, connect to, change, or remove any building in a watercourse.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

(a) Notification of Accidental Discharge. The Director shall be notified immediately upon release of any material in violation of this chapter, to enable countermeasures to be implemented by the Director, so as to minimize damages to the environment. Such notification shall be followed within five (5) working days after the date of such occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification shall not relieve the party of liability for any expense, loss, or damage to the environment or for any fine imposed on or by the City.

(b) Notice to Employees. In order that employees of businesses in the City may be informed of City requirements, the employer shall make available to all employees copies of this chapter. In addition, the employer shall make available such other related information, permits and notices as may be furnished by the City from time to time and which are directed toward implementation of this chapter. A notice shall be furnished to each employee and posted on a bulletin board on the premises advising employees of whom to call in case of an accidental discharge in violation of this chapter.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

All projects, regardless of size, shall develop and submit a site-specific erosion and sediment control plan when applying for a grading or building permit. The plan must meet the requirements of the City of Watsonville erosion control standards. The director may require implementation of specific BMPs as part of the erosion and sediment control plan.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

In addition to any available remedies, the Director may issue a stop work order for any construction activity that is creating or is likely to create any discharge in violation of this chapter.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

Any project subject to the State construction general permit (CGP) shall comply with all provisions of said permit. Proof of compliance with the CGP is required prior to obtaining a grading or building permit.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)

(a) All applicable new development and redevelopment projects must comply with City of Watsonville post-construction storm water management requirements. Storm water post-construction standards are provided in the City of Watsonville public improvement standards as adopted by Resolution No. 4-14 (CM) and as amended thereafter.

(b) The Director shall require the legally responsible party for any new development or redevelopment project to enter into an agreement for the operation and maintenance of BMPs and structural control measures and to record such agreement with the County Recorder’s Office.

(c) The legally responsible party for any new development or redevelopment project, or upon transfer of said property, its successors and assigns shall implement and adhere to the terms, conditions and requirements imposed by this chapter.

(§ 1, Ord. 1299-14 (CM), eff. February 27, 2014)