Willits Municipal Code Ch. 13.04 Use Regulations

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Editor's note— Ord. No. 18-01, adopted February 28, 2018, amended the Code by repealing and reenacting a new Ch. 13.04 to read as set out herein. Former Ch. 13.04, §§ 13.04.010—13.04.380 pertained to similar subject matter and derived from Ord. 11-01 (part) and Ord. 90-11 § 3.

The ordinance codified in this title may be cited as the "Willits Sewerage Ordinance."

(Ord. No. 18-01, 2-28-18)

A. The purpose of this title is to establish uniform standards for the discharge of wastes into the wastewater collection and treatment system for the city of Willits, "city". The ordinance codified in this title is enacted in compliance with the Clean Water Act of 1977 and the regulations promulgated thereunder (40 CFR, Part 403).

B. The objectives of this title are:

1. To prevent the introduction of pollutants into the system which will interfere with its operation, or pass through the system inadequately treated wastewater into the receiving waters, or contaminate the resulting sludge;

2. To improve recycling and reclamation of wastewaters and sludges from the system;

3. To provide a basis for distribution of costs according to use;

4. To enable the city to comply with its National Pollutant Discharge Elimination; and

5. System (NPDES) permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject.

C. This title provides for:

1. The regulation of discharges to the system through the issuance of permits to certain nondomestic users;

2. The enforcement of general requirements of the other users;

3. Authorization of monitoring and enforcement activities;

4. User reporting requirements; and

5. The setting of fees for the equitable distribution of costs.

D. This title shall apply to the city and to all persons outside the city who are users of the Willits POTW.

(Ord. No. 18-01, 2-28-18)

The ordinance codified in this title shall apply to all sewers and other sewerage facilities both public and private constructed or used in the City and to all persons who use or perform work upon said facilities.

A. Administration. Except as otherwise provided herein, the city manager or designee shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the city manager or designee may be delegated by the city manager or designee to a duly authorized city employee.

(Ord. No. 18-01, 2-28-18)

Unless the context specifically indicates otherwise, the following terms shall, for purposes of this title, have the meaning indicated as follows:

"Act" or "the act" means the Federal Water Pollution Control Act.

"Applicant" means the person applying for sewer service, sewer service connection, or sewer system extension.

"Approval authority" means the director of the Regional Water Quality Control Board. Authorized or duly authorized representative of the user.

A. If the user is a corporation: The corporate officer in charge of the principal business operations, or any other authorized person who performs similar policy or decision-making functions for the corporation; or

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

B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

C. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

The individuals described in paragraphs A through C, above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

"BMP" (denoting best management practices) or means physical, structural or managerial practices that decreases the potential for facilities to pollute wastewater. They can be used singly or in combination as appropriate in a particular situation. Prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"BMR" means Baseline Monitoring Report.

"BOD" (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty degrees centigrade, expressed in milligrams per liter.

"Building" means any structure used for human habitation or a place of business, recreation or other purpose containing sanitary facilities.

"Building sewer" means that portion of any sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal system.

"Categorical industrial user" means an industrial user subject to a categorical pretreatment standard or categorical standard.

"Categorical standards" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

"Chemical oxygen demand" means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

"CFR" means Code of Federal Regulations.

"City" means the city of Willits, Mendocino County, California, and its authorized representatives.

"CIU" means categorical industrial user.

"COD" means chemical oxygen demand.

"Control authority" means the city.

"Combined sewer" means a sewer receiving both surface runoff and sewage.

"Contractor" means an individual, firm, corporation, partnership or association duly licensed by the state to perform the type of work to be done under the permit.

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

"Cost" means the actual or estimated value of materials, equipment rentals, personal services, or other expenses incurred, including taxes, engineering and overhead.

"County health department" means the department of public health of the county of Mendocino, acting through its director.

"CWA" means Clean Water Act as Amended (33 U.S.C. Section 1251 et seq.).

"Daily maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

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

"Direct discharge" means the discharge of treated or untreated wastewater directly into the waters of the state of California.

"Director" means the director of sewer of the city or the director's designated subordinate. In the absence of a director of sewer, the city manager or designee shall designate a person who shall act in the capacity of the director in discharging responsibilities established by this title.

"Dwelling unit" or "family unit" means a place of habitation which includes, but is not limited to a place to cook or prepare food, a toilet, or sleeping quarters for one person or a small group of persons constituting a unit.

"EPA" means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the regional administrator, or other duly authorized official of said agency.

"Existing source" means any source of discharge that is not a "new source."

"Garbage" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

"gpd" means gallons per day.

"Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

"Holding tank waste" means any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

"I & I" or "I/I" or "inflow and infiltration" means the water discharged into the sewer system from sources other than regular, legal connections. Inflow includes flow from yard drains and foundation drains. Infiltration is the seepage of groundwater into the sewer system. Seepage often occurs through defective or cracked pipes, pipe joints, connections or manhole walls.

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

"Industrial user" means a person or entity who discharges industrial or commercial wastes to the wastewater facilities in the city of Willits. Industrial users are required to obtain a wastewater discharge permit prior to discharging into the city's sewer system. This includes septage haulers and user's contributing commercially produced F.O.G., such as food service establishments.

"Industrial wastes" means the liquid wastes from industrial processes as distinct from sanitary sewage.

"Instantaneous limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

"Interference" means the inhibition or disruption of the POTW treatment processes or operations which contributes to or is a cause of a violation of any requirement of the POTW's waste discharge requirements (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent federal, state or local regulations): section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

"L" means liter.

"Lateral sewer" means the portion of sewer lying within a public street or easement connecting a building sewer to the main sewer.

"Local limit" means specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

"Main sewer" means a public sewer designed to accommodate more than one lateral sewer.

"May" is permissive.

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

"mg" means milligrams.

"mg/L" means milligrams per liter.

"Monthly average" means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

"Monthly average limit" means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

"National Pollution Discharge Elimination System or NPDES permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

"New source" means:

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

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

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

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

B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation or otherwise alters, replaces, or adds to existing process or production equipment.

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

1. Begun, or caused to begin, as part of a continuous onsite construction program:

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

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

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

"Noncontact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"Off-site" means and refers to facilities located outside the area owned or controlled by the applicant. "On-site" means and refers to facilities located within the area owned or controlled by the applicant and within streets or easements immediately adjacent to such area.

"Outside sewer" means a sanitary sewer beyond the limits of the city not subject to the control or jurisdiction of the city.

"pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

"Pass through" is a discharge which exits the POTW into waters of the United States in quantities or concentrations, which alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the POTW's waste discharge requirements (including an increase in the magnitude or duration of a violation) or threatens, or is a potential threat, to pollute or degrade groundwater.

"Permit" means any written authorization required pursuant to this or any other regulation of the city for the installation of any sewerage works.

"Persons" means any human being, individual, firm, company, partnership, association, private or public corporation, joint stock company, trust, estate, municipality, the United States of America, the state of California, districts, and all political subdivisions, governmental agencies and mandatories thereof.

"Plumbing system" means all plumbing fixtures and traps, or soil, waste, special waste and vent pipes, and all sanitary sewer pipes within a building and extending to the building sewer connection three feet outside the building wall.

"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

"Pollution" means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

"POTW" see "publicly owned treatment works."

"Premises" is a separate identifiable and transferable lot or parcel of real property, including the improvements, except that portions having well-defined boundaries, such as walls, fences, or hedges which prevent the common use of the property by all occupants, for the purpose of this title shall be determined separate premises.

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants in a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes.

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

"Pretreatment standards or standards" means prohibited discharge standards, categorical pretreatment standards, and local limits.

"Private sewer" means a sewer serving an independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or industries.

"Publicly owned treatment works (POTW)" means a treatment works, as defined by Section 2.2 of the Act (33 U.S.C. 1292), which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

"Prohibited discharge standards or prohibited discharges" means absolute prohibitions against the discharge of certain substances.

"Public sewer" means a sewer lying within a street or easement and which is controlled by or under the jurisdiction of the city.

"RCRA" means Resource Conservation and Recovery Act.

"Residence" means the place of residence for a single family. Property improved for multifamily purposes shall be described in terms of the number of dwelling units that the facilities thereon provide for single family usage.

"Sanitary sewer" means a sewer which carries sewage and to which stormwater, surface waters, and groundwater are not intentionally admitted.

"Sanitary sewer overflow" or "SSO" means an event in which untreated wastewater is discharged from the sewer system into the environment.

"Septic tank waste" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

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

"Sewer" means a pipe or conduit for carry sewage.

"Sewer backflow prevention valve" means a plumbing valve adapted to prevent the undesirable backflow of sewer water upwardly through a trop, but which is also designed to provide for the normal downflow into the sewer.

"Sewer cleanout" means a capped pipe connecting a side sewer with the city sewer system providing access to the side sewer permitting blockages to be effectively repaired.

"Sewerage system" means all facilities for collection, pumping, treating and disposing of sewage.

"Shall" is mandatory.

"SIC" means standard industrial classification.

"Side sewer" means the sewer line beginning at the foundation wall of any building and terminating at the main sewer, and includes the building sewer and lateral sewer together.

"Significant industrial user" means any industrial user of the city's wastewater disposal system who is:

A. An industrial user subject to categorical pretreatment standards; or

B. An industrial user that:

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

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

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

"Significant noncompliance" means a compliance status in which an industrial user has a violation which meets one or more of the following criteria:

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

B. Any other violation of a pretreatment standard or requirement that the City determines has caused, alone or in combination with other discharges, interference or pass through;

B. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment;

C. Failure to provide, within ninety days after the due date, any required compliance reports;

5. Failure to accurately report non-compliance.

"Slug load or slug discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this ordinance. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

"SNC" means significant noncompliance.

"Standard industrial classification (SIC)" means a system of classifying industries as identified in the SIC Manual, 1976, Office of Management and Budget.

"State" means the state of California.

"Storm sewer or storm drain" means a sewer which carries stormwater and surface waters or groundwaters and drainage, but excludes sewage and polluted industrial wastes.

"Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom.

"Street" means any public highway, road, street, avenue, alleyway, public place, public easement or right-of-way.

"The city manager" means the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance. The term also means a duly authorized representative of the city manager.

"Supervisor" means the person designated by the city to supervise the operation of the POTW and who is charged with certain duties and responsibilities or an authorized representative.

"Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewerage, or other liquid, and which are removable by laboratory filtering.

"SWDA" means Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.).

"System extension" means extension of public sewerage facilities to serve areas to which service is not available from existing sewage collection facilities.

"Trunk sewer" means a sewer which receives flow from several main sewers, and which is designated as a trunk sewer by the director.

"Total suspended solids or suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

"Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the E.P.A. under the provision of G.W.A. 307(a).

"TSS" means total suspended solids.

"Upset" shall mean an exceptional incident in which a discharger is in a state of noncompliance with the categorical pretreatment standards due to factors beyond the reasonable control of the discharger, and excluding noncompliance due to the extent caused by operations error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

"USC" means United States Code.

"User" means any person who contributes, causes or permits the contribution of wastewater into the city's POTW and is a source of indirect discharge.

"Wastewater" means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surfacewaters and stormwaters as may be present, whether treated or untreated, which are contributed to the POTW.

"Wastewater treatment plant or treatment plant" means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

"Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently, under natural conditions.

"Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

Additional definitions. For the purposes of this title, additional terms shall have the meaning indicated in Chapter 1 of the Uniform Plumbing Code of the International Association of Plumbing.

(Ord. No. 18-01, 2-28-18)

It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other prohibited waste as defined by this title.

(Ord. No. 18-01, 2-28-18)

It is unlawful to discharge on land, or to any stream or watercourse any sewage, industrial wastes or other polluted water, except where suitable treatment has been provided in accordance with provisions of this title.

(Ord. No. 18-01, 2-28-18)

It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage within the city, except in connection with facilities approved by the director in conjunction with construction projects or other special events.

(Ord. No. 18-01, 2-28-18)

No building, industrial facility or other structure shall be occupied until the owner of the premises has complied with all rules and regulations of the city.

(Ord. No. 18-01, 2-28-18)

New private sewage disposal systems shall not be occupied until the owner of the premises has complied with all rules and regulations of the city.

(Ord. No. 18-01, 2-28-18)

A. The prohibition contained in Section 13.04.090 shall not apply to any private systems existing at the time of the adoption of the ordinance codified in this title, and to any private systems that may exist at the time of annexation of any premises that are outside of the city at the time of adoption of the ordinance codified in this title. The owner of any private system shall maintain such system in a safe and sanitary manner at all times, at no expense to the city.

B. If, at any time, a public sewer is within three hundred feet of any single building, or, in the case of a group of buildings, within two hundred additional feet distant for every additional building, the owner or owners of such building or buildings situated within the city shall be required at the owner's expense to connect the building to the public sewer in accordance with the provisions of this title within ninety days after notice by the director to do so.

(Ord. No. 18-01, 2-28-18)

No drains from any roof, surface drains for rainwater, or storm sewers shall be connected to any sanitary sewer. No surface water or stormwater, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any sanitary sewer by any device or method whatsoever.

(Ord. No. 18-01, 2-28-18)

No user shall introduce or cause to be introduced, directly or indirectly, to the POTW any pollutant or wastewater which will cause pass through or interference. These general prohibitions apply to all users of the POTW whether or not the users are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. No user shall discharge or cause to be discharged any of the following wastes to any public sewer:

A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive solid, liquid or gas, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius. At no time, shall two successive readings on an explosion hazard meter be more than five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter;

B. Any waste containing toxic or poisonous solids, liquids or gases, in sufficient quantity either singly or by interaction with other wastes to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair or interfere with any sewage treatment process, or create a toxic effect in the receiving waters of the POTW, or exceed the limitation set forth in a categorical pretreatment standard;

C. Any waste having a pH lower 7.0 or having any other corrosive property or detrimental characteristic that may cause injury to maintenance personnel or wastewater treatment, or may cause damage to structures, equipment or other physical facilities of the sewer system;

D. Any wastewater containing substances that may precipitate, solidify or become viscous at temperatures between forty degrees Fahrenheit (4.4 degrees Celsius) and one hundred degrees Fahrenheit (37.7 degrees Celsius). Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewerage works, such as, but not limited to, cooling water, petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, ashes, cinders, sand, mud, straw, shavings, paper dishes, cups, containers, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, spent lime, stone or marble dust, metal, glass, grass clippings, rags, wood, plastics, or sludge from any process in amounts that will cause interference or pass through;

E. Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance be discharged to the POTW which causes the POTW to be in noncompliance with the city's sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used;

F. Any substance which will cause the POTW to violate its NPDES permit or receiving water quality standards. Any wastewater having a temperature which will inhibit biological activity in the POTW resulting from interference; Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);

G. Any pollutants, including oxygen-demanding pollutants released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation;

H. Any wastewater containing any radioactive wastes or isotopes of such concentration as may exceed applicable state or federal regulations.

I. Any pool water, spa water, or pond water which is acceptable to be discharged to other facilities where such facilities are available.

J. Any substance which is not amenable to treatment by the processes employed at the treatment plant.

K. Any slug loading.

L. Any wastewater that comes into contact with any process utilizing tetrachloroethene.

(Ord. No. 18-01, 2-28-18)

No person shall discharge or cause to be discharged the following described substances, materials or wastes if it appears likely in the opinion of the director that such wastes may harm either the sewers, sewage treatment process or equipment, or can endanger personnel or property or create a public nuisance. The director, in forming an opinion as to the acceptability of these wastes, will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers to which they discharge, sewer material, treatment process, treatment plan capacity, and other pertinent factors. The substances so subject to prohibition include, but are not limited to:

A. Any liquid or vapor having a temperature higher than two hundred degrees Fahrenheit;

B. Any water or waste which may contain more than one hundred milligrams per liter of fat, oil or grease;

C. Any garbage that has not been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension;

D. Any water or wastes having a pH higher than 8.0 or having any other corrosive property capable of causing damage or hazard to structure, equipment or personnel;

E. Any waters or wastes containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials in the sewerage system;

F. Any wastes containing phenols or other taste- or odor-producing substances, in concentrations exceeding limits which may be established by the director;

G. Materials which cause excessive discoloration;

H. Total sulfides in excess of 1.0 milligrams per liter;

I. Wastes containing substances which cannot be treated by the sewage treatment process utilized by the city or which cannot meet the requirements of the Regional Water Quality Control Board.

(Ord. No. 18-01, 2-28-18)

A. Upon application to discharge any wastes having any of the characteristics listed in Section 13.04.130 and which in the judgement of the Director will have a deleterious effect upon the sewerage works, process, equipment or receiving water, the director may do one or more of the following:

1. Require preparation of a detailed report on expected waste characteristics. The report shall cover physical, chemical and hydraulic characteristics and shall include a projection of future waste characteristics. The report shall be prepared by a licensed civil engineer or chemical engineer;

2. Require pretreatment to an acceptable condition prior to discharge to a public sewer;

3. Require control over the quantities and rates of discharge;

4. Require payment to cover the added cost of testing, handling and treating the wastes;

5. Refuse to accept the waste into the public sewer system.

B. If the director requires pretreatment or equalization of flow, the design and installation of the required plant and equipment shall be subject to the review and approval of the director, and no construction of such facilities shall commence until approval of construction plans and specifications is obtained in writing from the director.

(Ord. No. 18-01, 2-28-18)

Federal Categorical Pretreatment Standards for a particular industry category shall apply at any time if more stringent than the limitations developed by this title.

A. National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.

1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the city manager or designee may impose equivalent concentration or mass limits.

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

3. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the city manager or designee shall impose as alternative limit accordance with CFR 403.6(e).

B. State Pretreatment Standards. Users must comply with state pretreatment standards.

C. City's Right of Revision. The city reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this ordinance.

D. Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city manager or designee may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. No. 18-01, 2-28-18)

A. The city manager or designee is authorized to establish local limits pursuant to 40 CFR 403.5(c).

B. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily average limits into the sewer collection system.

Ammonia as N 271 mg/l

Arsenic 0.037 mg/l

Biological Oxygen Demand (BOD) 1290 mg/l

Bis(2-ethylhexyl)phthalate 0 mg/l

Cadmium 0.006 mg/l

Chromium, total 0.93 mg/l

Copper 0 mg/l

Cyanide, total 0.006 mg/l

Lead 0 mg/l

Mercury 0.001 mg/l

Nickel 0.42 mg/l

Oil & Grease (HEM), plant and animal based, 100 mg/l

Oil and Grease (HEM-SG), petroleum based, 100 mg/l

Selenium 0 mg/l

Silver 0.01 mg/l

Toluene 8.49 mg/l

Total Nitrogen 23.8 mg/l

Total Suspended Solids 1420 mg/l

Zinc 0 mg/l

C. Background concentrations of the above constituents will be allowed from discharge.

D. The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The city manager or designee may impose mass limitations in addition to the concentration-based limitations above.

(Ord. No. 18-01, 2-28-18)

State limitations on discharges shall apply at any time they are more stringent than Federal Standards and the standards developed by this title.

(Ord. No. 18-01, 2-28-18)

No user shall use dilution of a discharge, either process or domestic, as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in either this title or Federal Categorical Pretreatment Standards.

(Ord. No. 18-01, 2-28-18)

A. IU Accidental Discharge/Slug Discharge Control Plans. The city manager or designee shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The city manager or designee may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the city manager or designee may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

1. Description of discharge practices, including nonroutine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the city manager or designee of any accidental or slug discharge, as required by this ordinance; and

4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

B. Reports of Potential Problems.

1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the city manager or designee of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

2. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

3. Significant industrial users are required to notify the city manager or designee immediately of any changes at its facility affecting the potential for a slug discharge.

C. Written Notice. The user shall submit to the city manager or designee of the POTW a detailed written account of the accidental discharge and the measure taken by the user to prevent similar future occurrences. Notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed as a result of discharge.

D. Reports from Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the city manager or designee as the city manager or designee may require.

E. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify the city manager or designee within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city manager or designee within thirty days after becoming aware of the violation or as authorized by the city manager or designee. Resampling by the industrial user is not required if the city performs sampling at the user's facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user.

F. Hazardous Waste. The city prohibits the discharge of hazardous waste.

(Ord. No. 18-01, 2-28-18)

Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this ordinance within the time limitations specified by EPA, the state, or the city manager or designee, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the city manager or designee for review, and shall be acceptable to the city manager or designee before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this ordinance.

(Ord. No. 18-01, 2-28-18)

A. Septic tank waste may be introduced into the POTW only at locations designated by the city manager or designee, and at such times as are established by the city manager or designee. Such waste shall not violate this ordinance or any other requirements established by the city. The city manager or designee may require septic tank waste haulers to obtain individual wastewater discharge permits.

B. The city manager or designee may require haulers of industrial waste to obtain individual wastewater discharge permits. The city manager or designee may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The city manager or designee also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste may be subject to all other requirements of this ordinance.

C. Industrial waste haulers may discharge loads only at locations designated by the city manager or designee. No load may be discharged without prior consent of the city manager or designee. The city manager or designee may collect samples of each hauled load to ensure compliance with applicable standards. The city manager or designee may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

D. Industrial waste haulers must provide waste-tracking information for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

(Ord. No. 18-01, 2-28-18)

When required by the director, the owner of any property served by a side sewer carrying industrial wastes shall install an approved control manhole in the side sewer to facilitate observation, sampling and measurement of wastes. Such manholes shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The director may require that a separate side sewer be provided for discharge of sanitary sewage, and may require that a control manhole be installed on each side sewer. The manholes shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. It is unlawful for any person or entity, other than a person or entity specifically authorized by the director, to remove a manhole cover or open a manhole for any purpose whatsoever.

(Ord. No. 18-01, 2-28-18)

Grease, oil and sand interceptors, pH neutralizing chambers, screens or other control facilities shall be provided when, in the opinion of the director, they are necessary for the proper handling of liquid wastes containing harmful ingredients. All interceptors shall be of type and capacity approved by the director, and shall be so located as to be readily and easily accessible for cleaning and inspection. All control facilities shall be maintained by the owner, at his expense, in continuous and efficient operation at all times. No sanitary sewage shall be discharged into control facilities provided for industrial wastes.

(Ord. No. 18-01, 2-28-18)

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this title shall be determined in accordance with this ordinance and may be determined at the control manhole provided for in Section 13.04.210, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected.

A. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

1. Except as indicated in below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the city manager or designee. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-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 city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

2. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

3. For sampling required in support of baseline monitoring and ninety-day compliance reports required in 40 CFR 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city manager or designee may authorize a lower minimum. For the reports required by 40 CFR 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

B. Inflow and infiltration (I/I) within the city of Willits has become significant and has reached the point that sewer system overflows from the collection system will result if I/I is not abated. The city is under a mandate from the state to ensure that sewer system overflows do not occur. Sampling and testing shall include testing of sewer mains, manholes, private sewer laterals, and other associated collection system infrastructure for leakage of unwanted ground and surface waters from entering the wastewater collection system. This testing is sometimes referred to as "infiltration/inflow (I/I)" testing. This type of testing and associated work includes but shall not be limited to: physical observation of the system, cleaning and removal of internal deleterious materials from mains and laterals, installation of lateral clean-outs or other appropriate facilities for easy access on or near right of way boundaries or on private property if necessary, mapping of the sewer system, television inspection of sewer mains and private laterals, dye testing, smoke testing, flow rate monitoring, pressure testing, water infiltration simulation testing, as well as other forms of work or testing for this purpose.

C. The city shall inspect the facilities of any user to ascertain whether the purpose of this title is being met and all requirements, are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties.

(Ord. No. 18-01, 2-28-18)

Except as provided in Section 13.04.250, sewerage service will not be rendered to premises outside the city boundaries.

(Ord. No. 18-01, 2-28-18)

No statement contained in this title shall be construed as preventing any special agreement or arrangement between the city and any person or entity whereby waste may be accepted by the city for treatment, subject to payment and to such terms and conditions as might be required by the city and set forth in a resolution of the city council, if the following provisions are met:

A. That payment of the applicable sewer connection charge, established by this article, shall be made before connection of the premises to the sewer.

B. That any ordinances codified in the Willits Municipal Code apply to all sewer agreements established with the city. Any code violations by an individual or entity with a sewer agreement are subject to the enforcement measures by the city as provided in Section 13.04.350.

(Ord. No. 18-01, 2-28-18)

It is unlawful for any person to discharge the contents of a swimming pool into a sanitary sewer except in a manner approved by the director.

(Ord. No. 18-01, 2-28-18)

A. When any person by reason of special circumstances is of the opinion that any provision of this title is unjust or inequitable as applied to the individual's premises, the individual may make written application to the director stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his/her premises. The director shall reply to the application, in writing, with an opinion regarding the merit of the requests. If denied by the director, the applicant may then appeal the director's decision to the city council.

B. If such application is approved, the city council may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the initial application, and continuing during the period of the special circumstances or as specified in the resolution.

(Ord. No. 18-01, 2-28-18)

Any person damaging any sewerage facilities or other city property or violating any of the provisions of the title rules or regulation, shall become liable to the city for any expense, loss or damage occasioned by reason of such damage or such violation.

(Ord. No. 18-01, 2-28-18)

It shall be the responsibility of the city manager or designee of the city to conduct the operations of the sewerage system in accordance with the provisions of this title and to enforce all its provisions. The director shall take all actions necessary to carry out the specific requirements and intent of this chapter.

(Ord. No. 18-01, 2-28-18)

Industrial users proposing to contribute process wastewater to the POTW shall obtain a wastewater discharge permit from the city before connecting to or contribution to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater permit within ninety days after the effective date of the ordinance and codified in this title. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law.

Permit Application. Users seeking a wastewater discharge permit shall complete and file with the city manager or designee, an application in the form prescribed by the director, and accompanied by the applicable fees. The director will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the director may issue a wastewater discharge permit subject to terms and conditions provided herein incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

A. Application Signatories and Certifications. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in written in this ordinance. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the city manager or designee prior to or together with any reports to be signed by an authorized representative.

Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations and terms the city manager or designee deems necessary to protect the city's sewer system and treatment works. Permits are also subject to user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the city manager or designee in accordance with this chapter, and applicable state and federal regulations. Reports of changed conditions each user must notify the city manager or designee of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty days before the change.

1. The city manager or designee may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under this ordinance.

2. The city manager or designee may issue an individual wastewater discharge permit under this ordinance or modify an existing wastewater discharge permit under of this ordinance in response to changed conditions or anticipated changed conditions.

B. Individual Wastewater Discharge Permit Decisions. The city manager or designee will evaluate the data furnished by the User and may require additional information. Within thirty days of receipt of a complete permit application, the city manager or designee will determine whether to issue an individual wastewater discharge permit. The city manager or designee may deny any application for an individual wastewater discharge permit.

C. Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the city manager or designee. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

D. Permit Modification. The city manager or designee may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

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

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

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

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

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

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

8. To correct typographical or other errors in the individual wastewater discharge permit; or

9. To reflect a transfer of the facility ownership or operation.

E. Revocation of Permit and Termination of Discharge. Any user who violates the following conditions of the permit or of this chapter, or applicable state and federal regulations, included below but are not limited to, is subject to having their permit revoked and discharge terminated:

1. Failure of a user to factually report the wastewater constituents and characteristics of the user's discharge;

2. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics; refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

3. Violation of conditions of the permit.

4. Falsify self-monitoring reports and certification statements.

5. Tampering with any monitoring equipment.

6. Failure to meet effluent limitations.

7. Failure to pay fines.

8. Failure to pay sewer charges.

9. Failure to meet compliance schedules.

10. Failure to complete a wastewater survey or the wastewater discharge application.

11. Failure to provide advance notice of the transfer of business ownership of a permitted facility.

12. Violation of the pretreatment standards in this ordinance.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause in this ordinance why the proposed action should not be taken. Exercise of this option by the city manager or designee shall not be a bar to, or a prerequisite for, taking any other action against the user.

F. Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.

G. Individual Wastewater Discharge Permit Reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with this ordinance, a minimum of ninety days prior to the expiration of the user's existing individual wastewater discharge permit .

H. Monitoring Facilities. The city may require the user to construct at the user's expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense.

I. Sampling and Inspection. The city may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspecting or sampling or in the performance of any of their duties.

1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city manager or designee shall be permitted to enter without delay for the purposes of performing specific responsibilities.

2. The city manager or designee shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

3. The city manager or designee may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated as recommended by the manufacturer to ensure their accuracy.

4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city manager or designee and shall not be replaced. The costs of clearing such access shall be borne by the user.

5. Unreasonable delays in allowing the city manager or designee access to the user's premises shall be a violation of this ordinance.

J. Search Warrants. If the city manager or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the city manager or designee may seek issuance of a search warrant from the court.

K. Pretreatment. Users shall make wastewater acceptable under the limitations established hereinbefore discharging to the city sewer. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and approval. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to discharge.

L. Protection from Accidental Discharge. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter.

M. Confidential Information. All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods which would be detrimental to the user's competitive position. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city as confidential, shall not be transmitted to any governmental agency or to the general public by the city until and unless prior and adequate notification is given to the user.

N. Special Agreements. Special agreements and arrangements between the city and any persons or agencies may be established when, in the opinion of the city, unusual or extraordinary circumstances compel special terms and conditions.

O. Discharge Reports. The city may require that any person discharging or proposing to discharge wastewater into the city's sewer system file a periodic discharge report, as prescribed by Section 13.04.34.

P. Baseline Monitoring Reports for Categorical Users.

1. Within either one-hundred-eighty 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 the POTW shall submit to the city manager or designee a report which contains the information listed in paragraph 2., below. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the city manager or designee a report which contains the information listed in paragraph 2., below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

2. Users described above shall submit the information set forth below.

a. Contact information.

b. Measurement of pollutants.

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

(ii) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;

(iii) The city manager or designee may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

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

3. Compliance Certification. A statement, reviewed by the user's authorized representative certified and by a qualified professional if deemed necessary, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

4. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet all the requirements set out in this ordinance.

5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with this ordinance and signed by an authorized representative. Sampling and analysis shall be performed in accordance with ordinance;

Q. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by this ordinance:

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

2. No increment referred to above shall exceed nine months;

3. The user shall submit a progress report to the city manager or designee no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

4. In no event shall more than nine months elapse between such progress reports to the city manager or designee.

R. Reports on compliance with categorical pretreatment standard deadline within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the city manager or designee a report containing the information described in this ordinance. For users subject to equivalent mass or concentration limits.

S. Periodic Compliance Reports.

1. Except where specified in this ordinance all significant industrial users must, at a frequency determined by the city manager or designee submit no less than twice per year (June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the city manager or designee or the pretreatment standard necessary to determine the compliance status of the user.

2. All periodic compliance reports must be signed and certified in accordance with this ordinance.

3. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

4. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city manager or designee, using the procedures prescribed in this ordinance, the results of this monitoring shall be included in the report.

5. Users that send electronic (digital) documents to the city to satisfy the requirements 40 CFR Part 3—(Electronic reporting).

T. Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

U. Wastewater Analysis. When requested by the city manager or designee, a user must submit information on the nature and characteristics of its wastewater within fifteen days of the request. The city manager or designee is authorized to prepare a form for this purpose and may periodically require users to update this information.

V. Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, 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 the city manager or designee or other parties approved by EPA.

W. Recordkeeping. Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, 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 established under this ordinance. 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 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 city manager or designee.

X. Certification Statements. Certification of permit applications, user reports and initial monitoring waiver—The following certification statement is required to be signed and submitted by users submitting permit applications. Users submitting baseline monitoring reports under 40 CFR 403.12 (l); Users submitting reports on compliance with the categorical pretreatment standard deadlines under 40 CFR 403.12(d); users submitting periodic compliance reports required by 40 CFR 403.12(e) and (h), and users submitting an initial request to forego sampling of a pollutant on the basis of 40 CFR 403.12(e)(2)(iii). The following certification statement must be signed by an authorized representative:

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.

Annual certification for non-significant categorical industrial users—A facility determined to be a non-significant categorical industrial user by the city manager or designee pursuant to 40 CFR 403.3(v)(2) must annually submit the following certification statement signed in accordance with the signatory requirements in 40 CFR 403.120(l). This certification must accompany an alternative report required by the city manager or designee:

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

(a) The facility described as ___________ [facility name] met the definition of a non-significant categorical industrial user as described in 40 CFR 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 one hundred gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information. _________________________________ _________________________________

Y. Individual Wastewater Discharge Permit Transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety days advance notice to the city manager or designee and the city manager or designee approves the individual wastewater discharge permit transfer. The notice to the city manager or designee must include a written certification by the new owner or operator which:

1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

2. Identifies the specific date on which the transfer is to occur; and

3. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.

Z. Publication of Users in Significant Noncompliance. The city manager or designee shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates this section) and shall mean:

1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.

2. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

3. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, Instantaneous Limit, or narrative standard) that the city manager or designee determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

4. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the city manager's or designee's exercise of its emergency authority to halt or prevent such a discharge;

5. Failure to meet, within ninety days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for start in construction, completing construction, or attaining final compliance;

6. Failure to provide within forty-five days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance; or

8. Any other violation(s), which may include a violation of best management practices, which the city manager or designee determines will adversely affect the operation or implementation of the local pretreatment program.

AA. Affirmative Defenses to Discharge Violations.

1. Upset.

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

b. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph c., below, are met.

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

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

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

(iii) The user has submitted the following information to the city manager or designee within twenty-four hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five days]:

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

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

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

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

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

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

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

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

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

3. Bypass for the purposes of this section.

a. Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

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

c. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation.

4. Bypass Notifications.

a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the city manager or designee, at least ten days before the date of the bypass, if possible.

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

5. Bypass is prohibited, and the city manager or designee may take an enforcement action against a user for a bypass, unless:

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

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

c. The user submitted notices as required in this section.

6. The city manager or designee may approve an anticipated bypass, after considering its adverse effects, if the city manager or designee determines that it will meet the three conditions listed above.

(Ord. No. 18-01, 2-28-18)

The purpose of the F.O.G. program is to reduce sanitary sewer overflows (SSOs) and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. By controlling the discharge of fats, oils and grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system's operating efficiency and reducing the number of sewer line blockages and overflows.

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

B. Specific FOG Prohibitions. The following specific prohibitions shall apply to all FSEs:

1. Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited, unless a waiver has been granted in accordance with subsection G of this section.

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

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

4. Discharge of wastewater with temperatures in excess of one hundred forty degrees Fahrenheit (sixty degrees Celsius) into any grease trap is prohibited.

5. Garbage disposals (food grinders) shall be prohibited at all new FSEs. Existing FSEs shall remove all garbage disposals when they remodel or within one-hundred-eighty days from receiving a notice from the city manager or designee to remove its garbage disposal(s) based on the city manager or designee's finding that the FSE at any time caused or contributed to an SSO.

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

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

C. Wastewater Discharge Permit Required. All FSEs shall obtain a wastewater discharge permit. Nothing in the permit is intended to relieve the food service establishment of any local, state, or federal regulation. Any denial of a permit may be appealed under Section 13.04.270. All permit terms are subject to the same conditions outlined under Section 13.04.300.

D. Unpaid permit charges, shall, after [_______ (_______)] calendar days, be assessed an additional penalty of [_______ percent (_______%)] of the unpaid balance, and interest shall accrue thereafter at a rate of [_______ percent (_______%)] per month.

E. Best Management Practices. All FSEs shall implement best management practices (BMPs) in an effort to minimize the discharge of FOG to the sewer system.

F. FOG Pretreatment Required for New and Existing Food Service Establishments. FSEs are required to install, operate and maintain an approved type and adequately sized grease removal device necessary to maintain compliance with the objectives of this section, subject only to the variance and waiver provisions and other exceptions of this action. The grease removal device shall adequately separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.

G. Waiver from Grease Removal Device Requirement. An FSE may apply for and be granted a conditional waiver. An FSE requesting a waiver must demonstrate that it has negligible FOG discharge and insignificant impact to the sewer system. The director may deem it necessary to impose special conditions in lieu of a grease removal device, including, but not limited to line cleaning cost recovery. Denial or revocation of a waiver may be appealed pursuant to Section 13.04.270.

H. Grease Removal Device Requirements. Any FSE that is required to provide FOG pretreatment shall install, operate, and maintain an approved type and properly sized grease removal device. The director will determine whether the grease removal device is acceptable during the permit application process. Approved grease removal devices conform to the latest approved edition of the California Uniform Plumbing Code.

I. Grease Interceptor Maintenance Requirements. Grease interceptors shall be maintained in efficient operating condition by periodic complete removal of all contents of the devices including wastewater, accumulated FOG, floating materials, sludge and solids.

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

2. The maintenance frequency for food service establishments with grease interceptors shall be determined in one of the following methods:

a. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the seventy-five percent of the total capacity of the interceptor. Cleaning intervals shall not exceed six months.

b. The owner/operator of a food service establishment may submit a request to the director asking for a change in the maintenance frequency at any time. The food service establishment has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of accumulating grease and solids at a maximum of seventy-five percent capacity prior to cleaning.

c. If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the seventy-five percent capacity, the food service establishment shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the food service establishment may be required to increase the maintenance frequency of the grease interceptor from its current frequency.

d. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed off-site properly by licensed waste haulers in accordance with federal, state, and/or local regulations.

J. Grease Trap Requirements. Grease traps may be authorized by the Director through a variance under subsection L of this section with the following conditions:

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

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

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

a. Any modification will be at the FSE's expense.

b. The city is not liable for any noncompliance as a result of any modification.

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

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

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

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

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

9. The temperature of any water entering a grease trap shall not exceed one hundred forty degrees Fahrenheit (sixty degrees Celsius).

K. Rights of Inspection and Sampling. The city shall have the right to inspect and sample any FSE ensure compliance with this ordinance as established by Section 13.04.230.

L. Enforcement. Enforcement of the FOG control program shall follow the provisions set forth in Sections 13.04.350 and 13.04.370.

(Ord. No. 18-01, 2-28-18)

Permits will be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance a minimum of one-hundred-eighty days prior to the expiration of the user's existing permit. Terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in Sections 13.04.150, 13.04.160 and 13.04.170 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. No. 18-01, 2-28-18)

FOG permits are issued to a specific user for a specific operation. A FOG permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.

(Ord. No. 18-01, 2-28-18)

A. Harmful Contributions.

1. The city may suspend the wastewater treatment service and/or a wastewater permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit.

2. Any person notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater permit and/or the wastewater treatment service upon proof of the elimination of the noncompliance discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen days of the date of occurrence.

B. Revocation of Permit. Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of Section 13.04.360 of this chapter.

1. Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,

4. Violation of conditions of the permit.

C. Notification of Violation. Whenever the city finds that any user has violated or is violating this title, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the city manager or designee to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. If the plan is not submitted to the city within the time allowed and the violation is not corrected forthwith, the city shall set the matter for a show cause hearing.

D. Consent Orders. The city manager or designee may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this ordinance and shall be judicially enforceable.

E. Show Cause Hearing.

1. The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

2. The city council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:

a. Issue, in the name of the city council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

b. Take the evidence;

c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.

3. At any hearing held pursuant to this title, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

4. After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

F. Compliance Orders. When the city manager or designee finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city manager or designee may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

G. Cease and Desist Orders. When the city manager or designee finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city manager or designee may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1. Immediately comply with all requirements; and

2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

H. Legal Action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of the ordinance codified in this title, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction.

I. Emergency Suspensions. The city manager or designee may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The city manager or designee may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

1. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city manager or designee may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city manager or designee that the period of endangerment has passed, unless the termination proceedings this ordinance are initiated against the user.

2. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the city manager prior to the date of any show cause or termination hearing under this ordinance.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

J. Injunctive Relief. When the city manager or designee finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city manager or designee may petition the court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The city manager or designee may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. No. 18-01, 2-28-18)

A. Civil Penalties. Any user who is found to have violated, or continues to violate, an order of the city council or who willfully or negligently failed to comply with any provision of the ordinance codified in this title, and the orders, rules, regulations and permits issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of allowable under State law but no less than one thousand dollars per violation per day as established by a resolution of the city council. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters; fees, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder.

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

C. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

D. Falsifying Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to the ordinance codified in this title or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the ordinance codified in this title, shall, upon conviction, be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.

E. Unpaid charges, fines, and penalties shall, after [_______ (_______)] calendar days, be assessed an additional penalty of [_______ percent (_______%)] of the unpaid balance, and interest shall accrue thereafter at a rate of [_______ percent (_______%)] per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.

F. Users desiring to dispute such fines must file a written request for the city manager or designee to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. Where a request has merit, the city manager or designee may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city manager or designee may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

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

H. Criminal Prosecution.

1. A user who willfully or negligently violates any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than allowed under State law per violation, per day, or imprisonment, or both.

2. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty and be subject to a penalty of maximum amount allowable under State law, or be subject to imprisonment or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.

3. A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a maximum fine allowable under State law per violation, per day, or imprisonment, or both.

4. In the event of a second conviction, a user shall be punished by a fine of not more than the maximum fine allowable under State law per violation, per day, or imprisonment, or both.

I. Remedies Nonexclusive. The remedies provided for in this ordinance are not exclusive. The city manager or designee may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city manager or designee may take other action against any user when the circumstances warrant. Further, the city manager or designee is empowered to take more than one enforcement action against any noncompliant user.

J. Penalties for Late Reports. A penalty of $[xx] shall be assessed to any user for each day that a report required by this ordinance, a permit or order issued hereunder is late, beginning five days after the date the report is due [higher penalties may also be assessed where reports are more than thirty to forty-five days late. Actions taken by the city manager or designee to collect late reporting penalties shall not limit the city manager's or designee's authority to initiate other enforcement actions that may include penalties for late reporting violations.

(Ord. No. 18-01, 2-28-18)

If any provision, paragraph, word, section or article of the ordinance codified in this title is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect.

(Ord. No. 18-01, 2-28-18)

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of the ordinance codified in this title are hereby repealed to the extent of such inconsistency or conflict.

(Ord. No. 18-01, 2-28-18)