Weed Municipal Code Ch. 14.08 Sewer Service

Footnotes:

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For statutory provisions on city sewers, see Gov. Code §§38660 and 38900 and Health and Safety Code §5470 et seq.; for provisions authorizing cities to prescribe and collect fees and sewer service, see Health and Safety Code §§5471, 5474 and 5474.10.

The purpose of this chapter is to provide for the maximum possible beneficial public use of the city's facilities through adequate regulation of sewer construction, sewer use and industrial wastewater discharges, to provide for equitable distribution of the city's costs, and to provide procedures for complying with requirements placed upon the city by other regulatory agencies.

(Ord. 217-78 §101, 1978).

This chapter shall be interpreted in accordance with the definitions set forth in Section 14.08.030. The provisions of this chapter shall apply to the direct or indirect discharge of all liquid carried wastes to facilities of the city. This chapter, among other things, provides for the regulation of sewer construction in areas within and without the city, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the settling of waste surcharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction, the issuance of permits for industrial wastewater discharge, and of other miscellaneous permits and the establishment of penalties for violation of this chapter.

(Ord. 244-85 §1 1985: Ord. 217-78 §102, 1978).

The definitions given in this section shall be used in the interpretation of this chapter, the issuance of permits, the making of charges for service and all other operations of this chapter unless another meaning for the word is apparent from the context:

1. "Ad valorem tax" means the tax levied for the benefit of the city on the assessed value of property within its boundaries.

2. "Assessed value" means that portion of the total assessed value of the property upon which individual city taxes are levied.

3. "BOD" or "biochemical oxygen demand" means the measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at twenty degrees centigrade and as determined by the appropriate procedure in "Standard Methods."

4. "Chlorine demand" means the difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a thirty minute period as determined by the procedures given in "Standard Methods."

5. "COD" or "chemical oxygen demand" means the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in "Standard Methods."

6. "City" means the city of Weed.

7. "Director of public works" means the director of public works of the city and is at some places referred to in this chapter as the director.

8. "Discharger" means any person who discharges or causes a discharge to a public sewer.

9. "Dissolved solids" or "dissolved matter" means the solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in "Standard Methods."

10. "Domestic wastewater" means the water carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

11. "Effluent" means the liquid outflow of any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer.

12. "House connection" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying domestic wastewater.

13. "Industrial connection sewer" means the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.

14. "Industrial wastewater" means all water carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

15. "Inspector" means a person authorized by the director of public works to inspect wastewater generation, conveyance, processing and disposal facilities.

16. "Lateral sewer," "collecting sewer," or "main line sewer" means the public sewer used to collect wastewater from house connection and industrial connection sewers and transport it to trunk sewers. Lateral, collecting or main line sewers are built by the city or by others, authorized so to do by the city, and maintained by the city, but no public sewer hereafter constructed shall be of less than six inches in internal diameter.

17. "Ordinance" means, unless otherwise specified, the ordinance codified in this chapter.

18. "Peak flow rate" means the average rate at which wastewater is discharged to a public sewer during the highest thirty-minute flow period in the preceding twelve months.

19. "Person" means any individual, partnership, committee, association, corporation, public agency, and any other organization or group of persons, public or private.

20. "Public corporation" means this state and any political subdivision thereof, any incorporated municipality therein, any public agency of the state or any political subdivision thereof, or any corporate municipal instrumentality of this state.

21. "Public sewer" means any sewer dedicated to public use and whose use is controlled by a public corporation.

22. "Radioactive material" means material containing chemical elements that change their atomic structure spontaneously by emitting any particles, rays or energy forms.

23. "Section" means a section of this chapter and "subsection" means a subsection of any section of this chapter.

24. "Sewage" means wastewater.

25. "Sewage pumping plant" means any facility designed and constructed to raise wastewater in elevations or to overcome head losses due to pipeline friction.

26. "Sewerage" means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.

27. "Shall" is mandatory and "may" is permissive.

28. "Solid wastes" means the nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.

29. "Standard Methods" means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.

30. "Suspended solids" or "suspended matter" means the insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in "Standard Methods."

31. "Trade secrets" include but are not limited to any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented or copyrighted, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

32. "Trunk sewer" means a sewer constructed, maintained and operated by the city that conveys wastewater to the city's treatment facilities and into which lateral and collecting sewers discharge.

33. "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.

34. "User" means discharger. (See subsection 8).

35. "Wastewater" means the water carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater. Rainwater, groundwater or drainage of uncontaminated water is not wastewater.

(Ord. 217-78 §416, 1978)

Except as otherwise provided in this chapter, the director of public works, at some places in this chapter referred to as the director, shall administer, implement and enforce the provisions of this chapter.

(Ord. 217-78 §201, 1978)

A. The city operates the Weed sewage facility, serving homes, industries and commercial establishments within the city limits and a certain industrial user holding a contractual right for such service within the area immediately adjacent to the city.

B. The following basic city policies apply to regulate waste discharges within the area served and will also apply to other discharges that are tributary to the city's facilities.

C. Generally, liquid wastes originating within the area served will be removed by the city's sewerage system provided that the wastes will not damage structures, create nuisances such as odors, menace public health, impose unreasonable collection, treatment or disposal costs on the city, interfere with wastewater treatment processes, exceed quality requirements set by regulatory government agencies, or detrimentally affect the local environment.

D. The highest and best use of the city's sewerage system is the conveyance, treatment and disposal of domestic wastewater.

E. To comply with the stated policies of the federal government and to permit the city to meet increasingly higher standards of treatment plant effluent quality, provisions are made in this chapter for the regulation of industrial wastewater discharges. This chapter establishes quantity and quality limitations on industrial wastewater discharges which may adversely affect the city's sewerage system or effluent quality. Methods of cost recovery from industrial wastewater dischargers are also established where the discharges impose inequitable collection, treatment or disposal costs on the city.

F. Recovery and reuse procedures established by industrial wastewater discharges to meet the limitations set on their discharges will be preferred by the city over those procedures designed solely to meet wastewater discharge limitations. Methods providing for beneficial reuse of otherwise wasted resources shall be the approved method of industrial wastewater treatment whenever feasible.

G. Optimum use of the facilities of the city may necessitate that the director of public works, in this chapter sometimes referred to as the director, require that certain industrial wastewaters be discharged during periods of low flow in the sewerage system of the city.

(Ord. 217-78 §103, 1978).

All persons discharging industrial wastewater directly or indirectly to the city's sewerage system prior to the effective date of the ordinance codified in this chapter are granted a temporary permit to discharge industrial wastewaters. This temporary permit shall expire six months after notification by the director that a new permit is to be obtained, or after two years from the effective date of the ordinance codified in this chapter, whichever should first occur. Prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a permit for industrial wastewater discharge.

(Ord. 217-78 §213, 1978).

A. No person, other than employees of the city or persons contracting to do work for the city shall construct or cause to be constructed, or alter or cause to be altered, any public sewer, lateral sewer, house connection or industrial connection sewer over four inches in diameter or located in a public right-of-way without first obtaining approval of sewerage construction plans from the director.

B. The applicant shall submit to the director for approval construction plans and such specifications and other details as required to describe fully the proposed sewerage facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state.

C. Plans for sewerage construction shall not be approved by the director for any facility which will convey industrial wastewater unless the discharger has first obtained a city permit for industrial wastewater discharged. Plans for sewerage construction shall meet all design requirements of the city.

D. All sewerage construction shall conform to the requirements of the "Standard Specifications for Sewerage Construction, City of Weed," copies of which are on file at the city hall.

E. Inspection of all sewerage construction under this section shall be made by personnel of the city in the manner described in Section 14.08.100.

F. An approval of plans for sewerage construction shall expire one year after date of approval unless construction has been initiated.

(Ord. 217-78 §301, 1978).

A. The director will approve plans for sewerage construction, issue a permit for industrial wastewater discharge or any other permit under this chapter only if it appears to the director that the sewerage construction, sewer connection, industrial wastewater discharge or other procedure conforms to the requirements of this chapter.

B. If required to do so, the director will issue an inspection certificate indicating satisfactory completion of required work, when all work required by the approved plans or permit has been completed and approved by city's inspectors.

C. All required fees and charges shall be paid before approval of plans or issuance of a permit or an inspection certificate.

D. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter.

(Ord. 217-78 §210, 1978).

Approval of plans for sewerage construction are not transferable from one person to another person or from one location to another location.

(Ord. 217-78 §303, 1978).

A. Inspection of all sewerage construction or alterations under this chapter shall be made during construction by personnel of the city or its contractor. At least forty-eight hours prior to cutting into a city sewer, the city shall be notified. No physical alteration of any city facility shall commence until an inspector is present. No covering or backfilling of any work shall commence until such work has been inspected.

B. Upon completion of construction and prior to removal of the downstream bulkhead and upon receiving forty-eight hours' notice, Sundays and holidays excluded, the city will inspect the work to determine if it has been constructed in a satisfactory manner and to determine if all facilities are cleaned of construction debris that could be flushed into the city's sewer.

C. No wastewater shall be discharged into any sewerage facility tributary to a city facility prior to obtaining inspection and approval of sewerage construction by the city.

D. Following satisfactory completion of construction, the city will issue a construction inspection certificate upon request.

(Ord. 217-78 §302, 1978).

A. Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the city's sewerage system may be made by the director as he deems necessary. These facilities shall include but not be limited to sewers, sewage pumping plants, pollution control plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers, and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this ordinance.

B. Access to all of the facilities designated in subsection A or other facilities directly or indirectly connected to the city's sewerage system shall be given to authorized personnel of the city at all reasonable times including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall be removed promptly by the facility user or owner at the written or verbal request of the director, and shall not be replaced.

C. No person shall interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the city's sewerage system.

(Ord. 217-78 §206(part), 1978).

Adequate identification shall be provided the director for all inspectors and other authorized personnel and these persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.

(Ord. 217-78 §206(part), 1978).

No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsurface drainage, yard drainage water, water from yard fountains, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the city.

(Ord. 217-78 §304, 1978).

No industrial wastewaters shall be discharged to a trunk sewer or to a sewer discharging directly or indirectly to a trunk sewer until a permit for industrial wastewater discharge has been approved by the director.

(Ord. 217-78 §305, 1978).

A. The city reserves the right to inspect any existing lateral or collecting sewers that discharge wastewater directly or indirectly to trunk sewers. If it is found that such lateral or collecting sewers are improperly used or improperly maintained, thereby causing discharge of septic wastewater, excessive groundwater, debris or any other objectionable substance to the city sewer, the director will give notice of the unsatisfactory condition to the offending discharger and shall direct the condition be corrected.

B. In cases of continued noncompliance with the city's directive, the city may disconnect the offending sewer from the city's sewerage system.

(Ord. 217-78 §306, 1978)

A. No person shall discharge or cause to be discharged to a trunk sewer, either directly or indirectly, any waste that create a stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or sewerage facilities of the city. Any excessive sewer or sewerage maintenance expenses or other expenses attributable thereto will be charged to the offending discharger by the city.

B. Any refusal to pay excessive maintenance expenses duly authorized by the director constitutes a violation of this chapter.

(Ord. 217-78 § 307, 1978)

No person within the corporate limits of the city whose premises are so located that a city sewer line is within five hundred feet of the place of origin of sewerage on such premises shall install any septic tank or use any means of disposing of sewage other than through a connection with the city sewer system. In the event of new construction of a sewer collection system within an area, such designated premises and the owner thereof will have two years in which to connect to the new system. Each such person shall be required to connect such premises with the city sewer system pursuant to this chapter and to pay in advance all connection charges provided for under this chapter.

(Ord. 217-78 §417, 1978)

A. The individual owner (or owners) of a premises is (and are) directly responsible for the costs of construction, maintenance, repairs and replacement of the individual house connection sewer or industrial connection sewer to the lateral sewer, collecting sewer or main line sewer.

B. Each dwelling unit shall be connected individually to the city's lateral sewer, collecting sewer or main line sewer. Commercial or industrial structures or multifamily dwelling units under one ownership, operating as a large unit, may be connected on the owner's property with one large connection to the city's lateral sewer, collecting sewer or main line sewer.

(Ord. 2017-78 § 418, 1978)

All ground profiles in areas where sewers are installed must be such that when a street is improved, it will not be necessary to relay the sewer to conform to the established grade.

(Ord. 217-78 § 423, 1978)

The city may, by contract, and upon compliance with any applicable state laws and regulations, provide wastewater sewer service to any residential, commercial, or industrial discharger outside the city, and impose fees and charges on the discharger, including, but not limited to, connection, inspection, capital costs, and service fees and charges, different from those set forth in this chapter for wastewater sewer service to lands within the city. Further, the city may, by contract, or amendment to existing contract, impose upon any such discharger, rules, regulations, requirements (including but not limited to providing access easements and the installation of metering and other equipment for such sewer service), and procedures different from those set forth in this chapter, as may be in the best interests of the city.

(Ord. 287-92 §1, 1992; Ord. 244-85 §2, 1986: Ord. 217-78 §424, 1978).

(Ord. No. 452-2018, § 1, 2-7-2019)

A violation by the discharger of any term or provision of a contract authorized by section 14.08.200 shall be deemed to constitute a violation of this chapter, entitling the city to all enforcement remedies which may be available pursuant to such contract or pursuant to law.

(Ord. No. 452-2018, § 2, 2-7-2019)

Note— Gov. Code 56133(a) allows that extended services outside its jurisdiction boundary only if it requests and receives written approval from the Local Agency Formation Commission (LAFCO).

Lateral sewers, collecting sewers or main line sewers will be extended to serve customers under the following terms and conditions:

A. When an application is made for sewer service for which it is necessary to make a sewer main extension or a sewer main lateral to provide such sewer service, the extension or lateral shall be made at the sole expense of the applicant, as provided in this chapter.

B. When an application is made for sewer service where no sewer main exists, and no immediate provision has been made by the city for extension of the existing lateral sewers, collecting sewers or main line sewers to said applicant's property, the city administrator shall cause a map to be prepared showing the area that will be serviced by such extension and the estimated cost thereof. The applicant shall then deposit a sum of money equal to the estimated cost of such extension with the city clerk. Such estimate shall be based upon a minimum six-inch sewer lateral, collecting sewer or main line sewer.

Upon approval of such sewer extension by the city council, the city administrator shall cause such extension to be constructed, and if the cost of such extension is less than the estimate, the difference shall be returned to the applicant. If the cost of such sewer extension is greater, the applicant shall pay to the city clerk, immediately upon completion of construction and determination of actual cost, the difference between the estimate and actual cost of construction. Such extension shall be based upon present and future requirements of the area to be provided with said extension, and the size of such extension shall be approved by the city administrator. The cost of installation of any sewer line in accordance with this chapter shall be borne solely by the applicant. The extension of all sewers as provided in this chapter shall be accomplished with minimum six inch pipe. In the event pipe of larger diameter is installed, whether by request of the city or choice of the applicant, the cost of such larger diameter pipe shall be borne solely by the applicant.

C. All sewer extensions shall originate at the nearest adequate lateral sewer, collecting sewer or main line sewer and shall extend the full length of applicant's property. All applicants for subsequent connections to such extension shall be charged that prorated portion of the total cost of such extension as the square footage of applicant's property bears to the entire square footage of the area which may be serviced by said sewer extension.

(Ord. 343-98 §1, 1998: Ord. 217-78 §419, 1978).

All subdivisions shall have a complete sewer collection system installed or to be installed and approved by the city council before such subdivisions are approved by the city. The subdivider shall install the sewer distribution system at his own expense and as recommended and approved by the city council, and none thereof shall be buried until inspected by the city administrator and burial approved in writing. All such sewer mains, hydrants and appurtenances thereto shall become the property of the city, free of all claim.

(Ord. 217-78 §420, 1978).

The city may make extensions to the facilities constructed under either Section 14.08.210 or Section 14.08.220 without obligation in the part of the city to pay to the applicant or subdivider any part of the cost of the installation so made by the applicant or subdivider.

(Ord. 217-78 §421, 1978).

Except as hereinafter provided in this section, no sewer extension shall be constructed in any subdivision, street, right-of-way, undedicated street or unimproved street, outside the city limits, except those built pursuant to agreements with the city existing at the time of adoption of Ordinance No. 217-78. Notwithstanding the foregoing, the city council may, by resolution, if it is found to be in the best interest of the city, permit the construction of an industrial wastewater sewer extension to lands outside the city limits. In such event, the city may, by contract, impose upon the industrial discharger fees and charges, including, but not limited to, connection, inspection and service fees and charges, greater than those set forth in this chapter. Further, in such event, the city may, by contract, impose upon the industrial discharger rules, regulations and procedures more stringent or restrictive than those set forth in this chapter, as may be necessary in the best interest of the city. A violation by the industrial discharger of any term or provision of such contract shall be deemed to constitute a violation of this chapter, entitling the city to all enforcement remedies provided in this chapter, in addition to any such remedies which may be available pursuant to such contracts or pursuant to law.

(Ord. 244-85 §3, 1986: Ord. 217-78 §422, 1978).

The rates and charges for sewer service rendered by the city, and rules and regulations relating to the conditions under which such sewer service shall be provided by the city, shall be fixed and established from time to time by resolution of the council.

(Ord. 355-2001 §1, 2001).

A. Sewer connection fees on both new buildings and remodels shall be due and payable at the time a building permit is requested for that work of improvement; when the amount thereof is to be based on the number of water closets to be constructed, that number shall be as shown on the plans, except as provided in subsection B of this section.

B. The building official may defer the payment of the connection fee, if at the time of applying for a building permit, the owner certifies that the rough plumbing for a water closet is for future use or expansion only, that it will not immediately be placed into service, and requests a deferral of the payment of the connection fee until the finish plumbing is installed and the water closet is placed into service. If the fee is deferred in this manner, the fee shall be due and payable prior to placing the water close into service. If the property owner makes such an installation, or places the water closet into service, prior to payment of the deferred connection fee, a penalty equal to one hundred percent thereof shall be levied against such owner. The amount of any deferred connection fee shall be the amount required by the city at the time of payment, rather than the original amount which was deferred.

C. This section shall not apply to residential dwelling units.

(Ord. 306-93 §1, 1993: Ord. 74-66 §12, 1966).

A. The purpose of Sections 14.08.270 through 14.08.380 is to provide a system of charges to assure that each recipient of waste treatment services will pay his, her or its proportionate share of the costs of operation, maintenance, initial capital investment and capital reserve accruals (wastewater capital investment fund). "Initial capital investment," within the meaning of Sections 14.08.270 through 14.08.380, refers to the direct initial capital costs incurred by the city in the construction of the water pollution control facility exclusive of the initial grant funds provided by the United States government, the state and either or both of them.

B. The elements of the Weed water pollution control facility sought to be funded by Sections 14.08.270 through 14.08.380 are the following:

1. Water pollution control facility, per se;

2. Collection system, repair of existing lines;

3. Collection system, replacement and additions;

4. Collection system, replacement and additions for future capacity.

(Ord. 216-78 §1, 1978).

The funding of all costs related to the Weed water pollution control facility shall be from four sources; connection charges, a basic service charge, industrial cost recovery fees, and charges for the retirement of debts for existing facilities.

(Ord. 216-78 §2(part), 1978).

The total charges for initial connection of residential and other users to the city sewage system shall include a connection to main fee and charges for capital costs of the system.

A. Connection Fees. The connection to the main fee shall be a minimum of two hundred dollars. The charges for capital costs of the sewerage system will be based on an established fee of two thousand dollars (household equivalent base rate), effective on each July 1st, according to changes in the Consumer Price Index as follows:

The index for computing the adjustment is the San Francisco-Oakland-San Jose Index for all Urban Consumers published by the United States Department of Labor, Bureau of Labor Statistics (1982-84 = 100). The base under that index shall be the figure published for April, 1992.

B. Additions to Existing Businesses. The household equivalent base rate and household equivalent multipliers shall be applied to any covered plumbing facilities which are added to existing businesses.

C. Sewer Connection Charge Equivalent Rate Structure. The city council finds that the connection charge equivalent rate structure set forth below reasonably reflects the actual costs of same to the city.

D. Calculation of Total Connection Charge. Example: In order to determine the total connection charge, the household equivalent base rate is multiplied by the household equivalent multiplier. For example, a food service operation with three public water closets, one kitchen sink and one dishwasher is computed as follows:

E. Negotiated Charges. As an incentive to business development, and to reflect the fact that the true cost to the city of connections to some businesses may not always be accurately reflected in the published schedules, the city council reserves the right to defer the connection fees, capital costs, and other charges for major projects within the system.

The deferment of payment shall be evidenced by a written agreement executed by the parties.

Deferments hereunder shall not exceed seven years as follows: no payment is due the first year; payments thereafter will be billed in equal interest free annual installments at the commencement of the second and third years; payment thereafter will be billed with interest in equal annual installments at the commencement of the fourth, fifth, sixth and seventh years. Interest rates will be prime at Tri Counties Bank or its successor. There is no penalty for prepayment.

For the purposes of this subsection, a "major project" is defined as one which, in the opinion of the city council, is likely to result in any of the following:

1. Full-time employment, or equivalent, in excess of ten persons at any time during the first twelve months of operation;

2. Sales tax revenues to the city during the first twelve months in an amount greater than the scheduled total connection charge as provided in subsection A of this section;

3. Significant transient occupancy tax (TOT) revenues or other benefit to the city.

Nothing herein shall obligate the city council to negotiate charges which differ from the published rates. The decision of the city council in all matters related to this subsection shall be final.

F. Labor and Materials. In addition to connection fees hereinabove, the customer will be charged for actual labor and materials used in making the physical connection from the main to the customer's line. Unless prior to having the connection made the customer has requested and received an estimate of charges from the director of public works, the customer shall be billed for actual time and materials.

(Ord. No. 397-2010, § 1, 4-8-2010; Ord. 331-95, § 1, 1995; Ord. 320-94, § 1, 1994; Ord. 296-93, § 1, 1993; Ord. 287-92, §§ 2, 3, 1992; Ord. 277-90, § 1, 1990; Ord. 216-78, § 2(I), 1978).

The basic service charge shall be computed annually by adding all costs of operation and maintenance to the annual amount set aside for capital reserve accrual, and the annual amount necessary to amortize the initial capital investment of the city over a period of forty years; the sum of all such expenses being then apportioned in accordance with the following:

The basic user rates are derived from the following formula:

Cu = 1.1(CovVu + CobBu) + (CdvVu + CdbBu) + CiiNcu + CaaFaa

Where:

Cu = Annual rate to be charged to user (dollars)

Vu = Annual volume contributed by user (million gallons)

Bu = Annual B.O.D. contributed by user (pounds)

Cov = Annual unit cost of operation and maintenance attributable to volume ($/MG)

Cob = Annual unit cost of operation and maintenance attributable to B.O.D. ($/lb)

Cdv = Annual unit cost of debt service attributable to volume ($/MG)

Cdb = Annual unit cost of debt service attributable to B.O.D. ($/lb)

Cii = Annual unit cost of handling infiltration and inflow ($/equivalent connection)

Caa = Annual unit cost of administration and accounting (dollars)

Ncu = Number of equivalent service lateral connections of user (a rational factor based on one normal residential building having Ncu = 1)

Faa = A rational factor for allocating administrative and accounting costs (fixed-rate users, Faa = 1.0 per account; variable-rate users, Faa = 2.0; apartment buildings, Faa = 2.0; schedule on file in the office of the city clerk.)

(Ord. 216-78 §2(II), 1978).

In addition to the basic user rate, industrial users will be charged industrial cost recovery fees which must be collected by the city and repaid to the United States government. Industrial cost recovery fees are calculated from the following formula:

Cicr = $146.65 Vu + $0.010090 Bu.

For the purposes of this section, "industrial user" means any user who contributes more than twenty-five thousand gallons of wastewater per day, or more than forty-two pounds of B.O.D. or of suspended solids per day.

(Ord. 216-78 §2(III), 1978).

A. The city administrator and the city council may require of any person who applies for connection to, or whose premises are connected with, the sewer system of the city to file a statement or affidavit for the guidance of the city administrator, and the city in ascertaining the amount of the service charge or rental payable under Sections 14.08.270 through 14.08.380, which statement or affidavit shall contain the information as may be required. A failure of such person to file such statement or affidavit containing the information requested or required is a violation of Sections 14.08.270 through 14.08.380.

B. No statement or affidavit shall be deemed conclusive as to the matters set forth therein nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable under the provisions of Sections 14.08.270 through 14.08.380.

C. The information furnished or secured pursuant to this section shall be confidential and any unwarranted disclosures or use of such information by any officer or employee of the city, constitutes a misdemeanor, and such officer or employee shall be subject to the penalty provisions of Sections 14.08.270 through 14.08.380 for the violation of this section.

(Ord. 216-78 §7, 1978).

A. Periodic bills are due and payable on the date of presentation and become delinquent fifteen days after presentation. Payment may be made at the city clerk's office or by mail.

B. Ten percent is added to the total amount of each bill as follows:

1. For billing dated the first day of the month, ten percent will be added on the fifth day of the following month after presentation;

2. For billing dated the fifteenth day of the month, ten percent will be added on the twentieth day of the following month after presentation.

C. Closing bills, if service is closed or discontinued, are due and payable on the date of presentation.

(Ord. 339-97 §1, 1997: Ord. 216-78 §8, 1978).

On charges specified in Sections 14.08.270 through 14.08.380, there shall be a basic penalty of ten percent of each month's charges for the first month delinquent. In addition to the basic penalty, there shall be a further penalty of one-half of one percent per month for nonpayment of the charges and basic penalty.

(Ord. 216-78 §4, 1978).

Any charge or rental levied by the city or pursuant to the provisions of Sections 14.08.270 through 14.08.380 on any premises within the corporate limits of the city having a connection to the city sewer system is a lien upon such premises. The city administrator is authorized, and it shall be his duty, to disconnect any sewer connection on premises located either within the corporate limits of the city or outside the corporate limits of the city upon failure of the person to whom such rental is charged or billed to pay such charge or rental prior to delinquency.

(Ord. 216-78 §5, 1979).

A. A customer's sewer service may be discontinued (shut off) if the total charges on a customer's bill are not paid by forty-five days following the date of presentation.

B. When a disconnect notice has been presented to a customer, all outstanding bills, up to and including the current bill, must be paid or all of the utility services will be discontinued as provided in this section.

C. All charges for garbage and rubbish service, water service, sewer service and any other service rendered by the city, may be billed upon the same bill and collected along with any ten percent charges as designated in subsection B of Section 4.08.340 and subsection A of this section, as one total item. If all or part of the bill is not paid, any or all of the services for which the bill is rendered may be discontinued.

(Ord. 216-78 §9, 1978).

When sewer service has been disconnected as provided in Sections 14.08.360 and 14.08.370, the city administrator may require that a sum equal to two years' monthly service charges shall be deposited with the city clerk, in cash (such deposit to be returned after a three-year period of nondelinquent payment of service charges. Any one month delinquent will cause this period to commence again.) In addition, a fifty-dollar connection fee shall be paid before service is resumed.

(Ord. 216-78 §6, 1978).

The city clerk shall keep a permanent and accurate account of all fees and charges received under this chapter, giving the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid.

(Ord. 217-78 §208, 1978).

Unless otherwise provided in this chapter, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the director shall make such determinations in accordance with established estimating practices.

(Ord. 217-78 §209, 1978).

All fees and charges imposed under the provisions of this chapter, except Sections 14.08.250 through 14.08.380 are due and payable upon receipt of the notice of charges. Unpaid charges shall become delinquent twenty days after mailing or delivering the notice of charges. A basic penalty charge of twenty 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.

(Ord. 217-78 §211, 1978).

A. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge.

B. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter.

C. No city permit for industrial wastewater discharge is transferable without the prior written consent of the director.

D. No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit shall apply to the city for an amended permit.

(Ord. 217-78 §401, 1978).

A. Applicants for a permit for industrial wastewater discharge shall complete a city application form. The city may require additional information on the characteristics of the wastewater discharge beyond that required on the application form.

B. Upon receipt of all required information, the application shall be processed and, upon approval, be signed by a representative of the city and one copy returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial wastewater discharge.

(Ord. 217-78 §402(part), 1978).

The application will be approved if the applicant has complied with all applicable requirements of this chapter and furnished all information requested by the city, and if the director determines that there is adequate capacity in the city's facilities to convey, treat and dispose of the wastewaters.

(Ord. 217-78 §402(part), 1978).

The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city.

(Ord. 217-78 §403, 1978).

The director may suspend a permit for industrial wastewater discharge for a period of not to exceed forty-five days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare to the local environment or to the city's sewerage system.

Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the director shall take such steps as are reasonably necessary to insure compliance.

(Ord. 217-78 §404(part), 1978).

A. Any suspended discharger may file with the director a request for hearing, in which event the city council shall meet within twenty days of the receipt of the director of such request. The council shall hold a hearing on the suspension and shall either confirm or revoke the action of the director. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in Section 14.08.670. At this hearing the suspended discharger may appear personally or through counsel, cross examine witnesses, and present evidence in his own behalf.

In the event that the council fails to meet within the time set forth in subsection A or fails to make a determination within a reasonable time after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the director.

B. The director shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with the discharge requirements of the city.

(Ord. 217-78 §404(part), 1978).

A. The city council may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provisions of this chapter. No revocation shall be ordered until a hearing on the question has been held by the city council. At this hearing, the discharger may appear personally or through counsel, cross examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the discharger in accordance with Section 14.-08.670 at least fifteen days prior to the date of hearing.

B. Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid carried wastes covered by the permit to any public sewer that is tributary to a sewer or sewerage system of the city. The director may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked if such action is necessary to insure compliance with the order of revocation.

(Ord. 217-78 §405(part), 1978).

Before any further discharge of industrial wastewater may be made by a discharger whose permit has been revoked, he must apply for a new city permit for industrial wastewater discharge, pay all charges that would be required upon initial application, together with all delinquent fees, charges and penalties and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge.

(Ord. 217-78 §405(part), 1978).

In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen but will depend on the results of technical determinations and the actions of regulatory agencies. The list of constituents which may be regulated provides specific limits only where they are now reasonably well established. The other constituents in the list are presented with the objective of enumerating the types of wastes which will be regulated from time to time.

(Ord. 217-78 §406(part), 1978).

No person shall discharge or cause to be discharged to the city's sewerage system, or to any sewer which directly or indirectly connects to the city's sewerage system, the following wastes:

1. Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewerage system;

2. Any waste containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system;

3. Any waste having a pH lower than 6.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the sewerage system;

4. Any solids or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers or other similar paper products, either whole or ground;

5. Any rainwater, storm water, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, or water from fire suppression or irrigation systems;

6. Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;

7. Any nonbiodegradable cutting oils, commonly called soluble oil, which form persistent water emulsions;

8. Any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products;

9. Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewerage system;

10. Any waste with an excessively high concentration of cyanide;

11. Any unreasonably large amounts of undissolved or dissolved solids;

12. Any wastes with excessively high BOD, COD or decomposable organic content;

13. Any strongly odorous waste or waste tending to create odors;

14. Any wastes containing over 0.1 milligram/liter of dissolved sulfides;

15. Any wastes with a pH high enough to cause alkaline incrustations on sewer walls;

16. Any substance promoting or causing the promotion of toxic gases;

17. Any waste having a temperature of one hundred twenty degrees Fahrenheit or higher;

18. Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes;

19. Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type compounds;

20. Any excessive amounts of deionized water, steam condensate or distilled water;

21. Any waste containing substances that may precipitate, solidify or become viscous at temperatures between fifty degrees Fahrenheit and one hundred degrees Fahrenheit;

22. Any waste producing excessive discoloration of wastewater or treatment plant effluent;

23. Any garbage or waste that is not ground sufficiently to pass through a three-eighth-inch screen;

24. Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes;

25. Any blow down or bleed water from cooling towers or other evaporative coolers exceeding one-third of the makeup water;

26. Any single pass cooling water;

27. Any excessive quantities of radioactive material wastes;

28. Recognizable portions of the human anatomy;

29. The contents of any swimming or decorative pool, pond, storage tank, or any other container in excess of two hundred fifty gallons, whether containing contaminated or uncontaminated water, except upon issuance of a temporary permit as described in Section 14.08.515, hereinbelow.

No person shall discharge or cause to be discharged to the city's sewerage system, or to any sewer which directly or indirectly connects to the city's sewerage system, any wastes which, in the opinion of the director, may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, the local environment or create a public nuisance. The director, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment and disposal system available to accept the waste.

(Ord. 217-78 §406(part), 1978).

(Ord. No. 409-2012, §§ 1, 2, 12-13-2012)

The contents of a swimming pool, pond, storage tank, or other container of water, may be drained and discharged into the city's sewerage system only with a temporary permit issued by the city. The temporary permit shall be given only upon a determination by the director of public works that the sewerage system has available the capacity to handle the proposed discharge, and upon such conditions as the director of public works may deem appropriate. The city clerk shall establish the form of the written application for a temporary permit. Fees, if any, for such a temporary permit may be established upon approval by city council resolution. Violation of this section shall be punishable as provided in Section 14.08.720, hereinbelow, and violators shall be liable for any resulting damage to city facilities and private property. The owner and party in possession and control of the real property where the prohibited discharge was made shall be jointly liable for the payment of fines, penalties, and damages imposed by this section.

(Ord. No. 409-2012, § 3, 12-13-2012)

If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility.

(Ord. 217-78 §407, 1978).

An industrial wastewater pretreatment system or device may be required by the director when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters, or to accomplish any specific pretreatment result. All pretreatment systems or devices shall be subject to the approval of the director prior to installation, but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the city. In special cases, the director may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific trunk sewer. All pretreatment systems judged by the director to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the state.

Normally, a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and quality, or quantity or quality, to neutralize low or high pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses or multi-use structures shall not discharge directly to the sewer, but shall first discharge to a gravity separation interceptor.

(Ord. 217-78 §408, 1978).

A. All domestic or sanitary wastewaters from toilets, lavatories, restrooms, showers, drinking fountains and like facilities shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device.

B. A control manhole of a design approved by the director shall be furnished and installed by certain designated industrial wastewater dischargers to facilitate inspection, sampling and flow measurements by personnel of the city. This control manhole shall be located off the industrial premises or, if within the plant fence, the manhole shall be accessible to authorized personnel of the city at all times. The control manhole may be used as a junction manhole for domestic sewerage and industrial wastes; provided the junction occurs downstream of the sampling or flow measuring point.

(Ord. 217-78 §409, 1978).

A. Periodic measurements of flow rates, flow volumes, COD and suspended solids for use in determining the amount of the industrial wastewater treatment surcharge and such measurements of other constituents believed necessary by the director shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the director. All sampling, analysis and flow measurements of industrial wastewaters shall be performed by a state certified independent laboratory, by a laboratory of an industrial discharger approved by the director, or by personnel of the city. If performed by city personnel, an appropriate charge shall be paid by the discharger requesting the test. Prior to submittal to the city of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under penalty of perjury.

B. All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in "Standard Methods." If no appropriate procedure is contained therein, the standard procedure of the industry of a procedure judged satisfactory by the director shall be used to measure wastewater constituents. Any independent laboratory or discharger performing tests shall furnish any required test data or information on the test methods or equipment used, if requested to do so by the director.

C. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the director and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the director.

D. The sampling, analysis and flow measurement procedure, equipment and results shall be subject at any time to inspection by the city. Sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel.

E. Those industrial wastewater dischargers required by the director to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least one twenty-four-hour measurement per year, the date of such measurement to be selected by the director. Representative samples of the industrial wastewater shall be obtained at least once per hour over the twenty-four-hour period, properly refrigerated, composited according to measured flow rates during the twenty-four hours and analyzed for the specified wastewater constituents. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analysis for every working day. When required by the director, dischargers shall install and maintain in proper order automatic flow-proportional sampling equipment and automatic analysis and recording equipment, or any one or more of them.

F. Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the city.

(Ord. 217-78 §410, 1978).

A. Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate, or a quantity of flow, BOD, chemical oxygen demand, or suspended solids significantly in excess of that stated on the industrial wastewater permit or in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges together with the penalty and interest provided for in Section 14.08.640. Before these charges shall be assessed, at least two additional twenty-four-hour samples and flow measurements shall be obtained by the city with all costs of sampling and analysis to be paid by the discharger.

B. For the purpose of establishing the correct treatment surcharge, the data obtained in these samplings, along with any other relevant information obtained by the city or presented by the discharger, shall be used by the director in determining the surcharge formula. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter.

(Ord. 217-78 §411, 1978).

The director may classify dischargers and establish an industrial wastewater treatment surcharge based upon average flow quality and flow quantity for the industrial category adjusted by some commonly recognized parameter selected by the director that establishes the relative size of the industrial discharger being charged.

(Ord. 217-78 §412, 1978).

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to city's facilities, detrimental effects on treatment processes or any other damages resulting in costs to the city shall be liable to the city for damage occasioned thereby.

(Ord. 217-78 §413, 1978).

All persons owning vacuum or cesspool pump trucks or other liquid waste transport trucks and desiring to discharge septic tank, seepage pit, interceptor or cesspool contents, industrial liquid wastes or other liquid wastes to sewerage facilities of the city or to facilities that discharge directly or indirectly to such sewerage facilities shall first have a valid city's trucker's discharge permit. All applicants for a trucker's discharge permit shall complete the application form, pay the appropriate fee, receive a copy of the city's regulations governing discharge to sewers of liquid wastes from trucks and shall agree, in writing, to abide by these regulations.

(Ord. 217-78 §414(part), 1978).

The trucker's discharge permit shall be valid for one year from date of issuance.

(Ord. 217-78 §414(part), 1978).

Discharge of septic tank, seepage pit, interceptor or cesspool contents or other wastes containing no industrial wastes may be made by trucks holding a city permit at any of the city's designated public dumping manholes. Truck transported industrial wastes shall be discharged only at the locations and during the time periods specified by the director for the specific waste. The city may require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes.

(Ord. 217-78 §414(part), 1978).

Any person negligently or willfully violating the city's requirements for liquid waste discharges from trucks shall be in violation of this chapter and may have his permit revoked by the director.

(Ord. 217-78 §414(part), 1978).

In respect to the trade secrets, it is determined that the public interest served by not making said records public clearly outweighs the public interest served by the disclosure of said records. Accordingly, any trade secrets acquired by the city in the course of implementation or enforcement of this chapter shall not be made public except to the extent necessary to enforce this chapter.

(Ord. 217-78 §415, 1978).

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the city's sewerage system shall be a violation of this chapter.

(Ord. 217-78 §214, 1978).

At least thirty days before any formal consideration of an amendment to the ordinance codified in this chapter, the director shall notify, in writing, each public corporation performing as a local sewering agency. Such notice shall also be mailed to any person who has filed a request for notification. The notice shall contain a brief description of the nature of the amendment to be considered and the time and place when formal action will be taken.

(Ord. 217-78 §207, 1978).

Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the director of public works.

(Ord. 217-78 §205, 1978).

A. The director shall notify any person found to be in violation of this chapter or of any limitation or requirement of a permit issued under this chapter before the director takes any action to implement Sections 15.08.480, 14.08.490 and 14.08.690, the director shall take no such action until the elapse of ten days from the date notice is given.

B. Unless otherwise provided in this chapter, any notice required to be given by the director under this chapter shall be in writing and served in person or by certified mail. If served by mail, the notice shall be sent to the last address known to the director. Where the address is unknown, service may be made upon the owner of record of the property involved.

(Ord. 217-78 §204, 1978).

A. Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger adversely affected by any decision, action or determination made by the director in interpreting or implementing the provisions of this chapter or any permit issued pursuant this chapter, may file with the city council a written request for reconsideration. Such request shall be acted upon by the city council within forty-five days from the date of filing.

B. The written appeal shall state all the pertinent aspects of the matter, and shall be accompanied by a fee of two hundred dollars, which shall be refunded if the appeal is sustained. Within forty-five days after the written appeal is received, the city council shall hold a hearing on this matter. At this hearing, the discharger may appear personally or through counsel, cross examine witnesses, and present evidence in his own behalf. Notice of the hearing shall be given in accordance with Section 14.08.670 at least fifteen days prior to the date of hearing. Within forty-five days after the hearing is closed, the city council shall make a final ruling on the appeal.

(Ord. 217-78 §212, 1978).

The city administrator is charged with the administration of the sewer system of the city and with the enforcement of all of the provisions of this chapter. The chief of police and all police officers of the city shall also enforce the provisions of this chapter.

(Ord. 74-66 §18, 1966).

In the event of a violation of any of the terms of this chapter, the city administrator shall notify, in writing, the person causing, allowing or committing such violation, specifying the violation and the time after which, upon the failure of such person to prevent or rectify the violation, the city administrator will exercise its authority to disconnect the property served by the city sewer system; provided, however, that such time shall not be fewer than five days after the deposit of such notice in the United States post office at Weed, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the city administrator may enter upon the premises without notice, and do such things and expend such sums as may be necessary to abate such hazard; and the reasonable value of things done and the amounts expended in so doing shall be a charge upon the owner so in violation.

(Ord. 74-66 §19, 1966).

All violations of this chapter which are by the terms of this chapter designated as misdemeanors shall be punished as provided by Section 1.20.030; and all other violations of this chapter are denominated infractions and shall be punished as provided by Section 1.20.040.

(Ord. 158-78 §1, 1978: Ord. 74-66 §23, 1966).

A. Every person violating any provision of this chapter, including the failure to pay any fees, charges or surcharges imposed by ordinance of the city, or any condition or limitation of a permit or plan approval issued pursuant thereto is guilty of a misdemeanor, and upon conviction is punishable by a fine of not to exceed one hundred dollars, imprisonment not to exceed thirty days, or both.

B. Each day during which any violation continues constitutes a separate offense punishable as provided above.

C. Any person, who intentionally or negligently violates any provision of this chapter pertaining to the subject matter of either subdivisions 1 or 2 or any condition or limitation of a permit or plan approval related thereto, shall be civilly liable to the city in a sum of not to exceed six thousand dollars for each day in which such violation occurs.

1. The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works of its proper and efficient operation and maintenance;

2. The prevention of the entry of such wastewater into the collecting system and treatment works.

D. In the event of such violation, the city shall, upon authorization of its council, petition the superior court or such other court as shall, under the laws of the state, have jurisdiction in the premises, to impose, assess and recover such sums.

(Ord. 217-78 §202, 1978).