Yuba City Municipal Code Art. 2 Rules and Regulations

Treatment of waste is required. It shall be unlawful to discharge to any stream or watercourse any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Except as herein provided, it shall be 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.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Before a building permit may be issued for any new building to be situated within the City which requires sewage disposal, provisions shall be made by the applicant and/or the property owner to connect the building with the City public sewer system, all in accordance with the requirements of this chapter. Provisions to connect the building to the public sewer may include extension of the main sewer line at the property owner's expense if necessary to adequately serve the building as determined by the Public Works Director. The property owner shall be responsible for the proper maintenance of the service lateral, at property owner's expense, from the building(s) to the collecting sewer/community sewer, including the connection of the service lateral to the collecting sewer/community sewer.

(a) The Public Works Director may determine that extension of the public sewer to the new building is unfeasible due to distance and, upon approval, may allow the property owner to obtain authorization by the County Health Department to construct a septic system. In such cases, Section 6-5.207. shall then apply.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Existing buildings situated within the City and requiring sewage disposal shall be required to be connected to the public sewer system of the City at the property owner's expense provided such public sewer is within 200 ft. of the nearest point of the structure. Exceptions to this requirement may be permitted when the County Health Official finds that an existing septic tank system and/or private sewage disposal system is properly and adequately functioning; however, once the private sewage disposal system and/or septic tank system fails for the structure which is within 200 ft. of the serviceable public sewer line, a connection to the public sewer system shall be required at the property owner's expense. All fees shall be paid prior to issuance of a building permit. The property owner shall be responsible for the proper maintenance of the service lateral, at property owner's expense, from the building(s) to the collecting sewer/community sewer, including the connection of the service lateral to the collecting sewer/community sewer.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Every user of the community sewer system shall be connected to the City sewer main by a sewer service lateral. Sewer service laterals shall be installed, properly maintained, and repaired by the owner of the property which the lateral serves. The entire sewer service lateral from the building connection to and including the wye connection to the sewer main shall be the owner's responsibility to install, properly maintain, and repair.

All persons using the community sewer system of the City shall pay for such service and for the privilege of connecting to the sewer at the rates, at the times, and under the conditions set forth in this chapter and shall comply with all of the regulations set forth in this chapter relating to the use of such sewer system.

All sewer service laterals connecting a user, whether a single-family residence, commercial building, or other structure, to a City-owned sewer main located in the public right-of-way or easement shall be owned, maintained, and repaired by the owner of the property being served, from and including the lateral's connection point at the City sewer main to the building or other point of use on the property. This includes both the portion on private property and the portion located beneath the sidewalk and street or any other public right-of-way or easement areas such as alleys, trails, and landscape areas, up to and including the point where the lateral connects to the City sewer main.

The City shall have the right to conduct maintenance inspection and/or repairs to the service lateral if needed, and it shall be the property owner's obligation to reimburse the City for the actual cost of such repair and inspection. The City may enforce the obligation to reimburse under Article 7 of this chapter, as well as Chapter 2 of Title 1 of this Code.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Private sewer system allowed. When it has been determined by the Public Works Director that a building may be connected to a private sewage disposal system, the private system shall comply with the provisions of this chapter.

(b) Permits required. Before the commencement of the construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Public Works Director, the County Health Department, and any other agency or person(s) required by the permit.

(c) Inspections required. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Public Works Director and the County Health Department. The City shall be allowed to inspect the work at any stage of the construction, and, in any event, the applicant for the permit shall notify the City and County Health Department when the work is ready for final inspection and before any underground portions are covered.

(d) Design requirements. The type, capacities, locations, and layout of a private sewage disposal system shall comply with all the recommendations of the Department of Public Health of the State and the County Health Department. No septic tank or cesspool shall be permitted to discharge to any public sewer or any stream or watercourse. In addition, the private sewage disposal system shall meet all of the applicable local, State, and Federal design requirements at the time of construction.

(e) Abandonment of facilities. At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with the laws, rules, and regulations of the City, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material as determined by the Public Works Director and County Health Department. In addition, all other applicable local, State, and Federal requirements shall apply to appropriately abandon the facility.

(f) Costs of maintenance by owners. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the City.

(g) Additional requirements. No statement contained in this chapter shall be construed to interfere with any additional requirement that may be imposed by any law, ordinance, rule, or regulation, or by the City or the County Health Department or the State.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through, interference, or blockage(s) in the sanitary sewer system. These general prohibitions and the specific prohibitions in paragraph (b) below apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements.

(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;

(2) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 or more than 11.5, unless the works is specifically designed to accommodate such discharges;

(3) Solid or viscous pollutants in amounts, as determined by the City, which will cause obstruction of the flow in the POTW resulting in interference but in no case, solids with a diameter greater than one-fourth inch;

(4) Any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

(5) Wastewater having a temperature at the point of discharge which will inhibit biological activity in the treatment plant resulting in interference, but in no case, wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° Fahrenheit (40 degrees Celsius);

(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

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

(8) Trucked or hauled pollutants, except at discharge points designated by the Public Works Director in accordance with Section 6-5.406.D of this chapter;

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

(10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;

(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

(12) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Public Works Director;

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

(14) Medical wastes, except as specifically authorized by the Public Works Director in a wastewater discharge permit;

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

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

(17) Fats, oils, or greases (FOG) of animal or vegetable origin in concentrations greater than 100 mg/l; or which will cause interference or pass through at the POTW or which will cause: (i) any visible sheen on the surface of the discharged wastewater; (ii) any buildup of fats, oils, or grease in any portion of the POTW; or (iii) any obstruction of the POTW;

(18) FOG, as defined by the City's FOG control program and/or Public Works Director;

(19) Wastewater causing two readings on an explosion hazard meter at the point of discharge, or at any point in the POTW, of more than 5% or any single reading over 10% of the lower explosive limit of the meter;

(20) Releases of pollutants which, either singly or by interaction with other pollutants, cause contamination of sludge which prevents its use or disposal in accordance with the City's NPDES permit;

(21) Cementitious materials;

(22) Any solid or viscous substance or particles in a quantity, either by itself or in combination with other wastes, that is capable of obstructing flow or impairing the performance of the POTW;

(23) Any wastewater containing strong acid iron pickling, or concentrated plating solutions, whether neutralized or not;

(24) The discharge of any radiological, chemical, or biological warfare agent or high-level, radiological waste;

(25) Rags, non-flushable wipes, diapers, and other hygiene products which do not biodegrade effectively which therefore may obscure flow or impact performance of the POTW in quantity or in combination with other wastes.

(c) The foregoing discharge prohibitions are not exclusive and shall be in addition to any prohibitions or requirements specified in any other provision of this Code or any other applicable statute, regulation, ordinance, or other governmental requirement.

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

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) The Public Works Director is authorized to establish local limits pursuant to 40 CFR 403.5(c).

(b) In addition to general and specific prohibitions and other regulatory requirements listed in Chapter 5 of Title 6 of this Code, pretreatment local limits are established to protect against pass through and interference. These constituents and their MAIL limit can be found in the latest technically based local limit development document (TBLLDD). Constituents listed in the TBLLDD will be apportioned according to flow volume discharge limitations defined in individual wastewater discharge permits. All loadings for metals are for "total" metals unless indicated otherwise. Categorical discharge limits apply at the discharge point from each specified regulated process. The Public Works Director will impose mass-based, concentration-based, and/or production-based limitations for controlling pollutant loading to the POTW. Maximum allowable quantities of pollutants not listed in this subsection may be determined by the Public Works Director based on applicable water quality criteria or as determined by legally established and approved scientific methods.

(c) The Public Works Director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of Section 6-5.208.

(d) The established local limits are subject to change and shall be modified as needed based on regulatory requirements and standards, WWTF operation, performance, and processes, the industrial user base, potable water quality, and domestic wastewater characteristics.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The categorical pretreatment standards found in 40 CFR 405—471 are hereby incorporated.

(a) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Public Works Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

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

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

(d) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

(e) Discharging categorical industrial users (CIUs) shall monitor for all constituents listed in the Code of Federal Regulations (40 CFR 405—471). Wastewater discharged from such users shall be subject to any limitations therein which are not included in the local limits section of this chapter.

(f) Any non-discharging (excluding sanitary, non-contact cooling, and boiler blow down wastewater, unless specifically included in the pretreatment standard) industrial user subject to the National Categorical Pretreatment Standards found at 40 CFR 403 et seq., may be issued zero-discharge permits.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

State of California pretreatment standards located at CCR Title 23, Division 7, Chapter 5.5, Sections 13370 through 13389 of the Porter Cologne Water Quality Control Act are hereby incorporated.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The Public Works Director and/or designee shall have the right to enter the premises of any user, upon providing proper credentials and identification, to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Public Works Director or designee ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. Access shall be provided at any time the premises are staffed with production underway.

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

(b) The Public Works Director and/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.

(c) The Public Works Director and/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 their own expense. All devices used to measure wastewater flow and quality shall be calibrated annually or more often as deemed necessary by the POTW.

(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Public Works Director and/or designee and shall not be replaced. The costs of clearing such access shall be borne by the user.

(e) Unreasonable delays in allowing the Public Works Director and/or designee access to the user's premises shall be a violation of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

If the Public Works Director and/or designee has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause indicating a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Public Works Director may seek issuance of a search warrant from the Superior Court of California, County of Sutter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The City reserves the right to establish, by ordinance or in wastewater discharge permits, additional or more stringent standards or requirements on discharges to the POTW. Additionally, the City reserves the right to deny or condition new or increased contributions of pollutants flow or changes in the nature of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions may cause the POTW to violate its NPDES permit.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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 Public Works Director 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. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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

Any refusal to pay excessive maintenance expenses duly authorized by the Public Works Director shall constitute a violation of this chapter, and may be enforced as authorized by this Code.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) Permits and fees. Permission shall not be granted to connect any lot or parcel outside the City to any public sewer in or under the jurisdiction of the City unless a permit therefore is obtained from the City. Such permits shall be approved by the Council. The connection impact fees shall be paid at the option of the developer/applicant at either the issuance of the building permit or at certificate of occupancy for a proposed development project, not at the date of application for a permit. The amount of the impact fees to be paid shall be those fees in effect at the time the fees are paid at either the issuance of a building permit or certificate of occupancy. Exceptions to this requirement may be negotiated between the developer and the City as part of the entitlement and agreement process, subject to City Council approval. The City may require the developer/applicant to pay, as determined by the Public Works Director, inspection fees at the time of building permit.

(b) Connection agreements. In no event shall such permission be granted unless the applicant shall first enter into a contract in writing whereby they shall bind themselves, and their heirs, successors, and assigns, to abide by all laws, rules, and regulations in regard to the manner in which such sewer shall be used and the manner of connecting therewith, and also shall agree to pay all fees required for securing the permit and a monthly fee in the amount set forth by the City for the privilege of using such sewer.

(c) Special outside agreements. Where special conditions exist relating to an outside sewer, they shall be the subject of a special contract between the applicant and the City, subject to approval by the City Council.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Any person owning or occupying premises in the City who has knowledge of any discharge from the premises that is prohibited by the provisions of this article and that has entered or will enter the public sewer system, shall immediately take all reasonable action to contain and abate the discharge and shall notify the City immediately.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The requirements set forth herein are minimum standards and this chapter does not imply that a wastewater discharge that complies with this chapter will necessarily comply with all other applicable statutes, regulations, ordinances, or other governmental requirements. This chapter shall not create or impose any liability on the City, its officers, or employees for any damages that result from reliance on this Code or any administrative decision lawfully made hereunder.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The Public Works Director and/or designee may require businesses other than food service establishments to install FOG and/or sand interceptors in accordance with the City's FOG control program and/or when, in the opinion of the Public Works Director, interceptor(s) and/or clarifier(s) are necessary for the proper handling of liquid wastes containing fat, oil, or grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. Such interceptor(s)/clarifier(s) shall be installed, operated, and maintained at no cost to the City, shall be of a type and capacity approved by the Public Works Director and/or designee, and shall be located as to be readily and easily accessible for cleaning and inspection.

Clarifier(s) and/or interceptor(s) utilized at a commercial automotive service facility or commercial vehicle washing facility or automotive wash rack shall be pumped out by a licensed hauler at a minimum of every 365 days. The Public Works Director or designee may require an increased pump out frequency as deemed necessary.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The Public Works Director may at his or her sole discretion approve a request to discharge groundwater into the City sewer system, upon execution by the person proposing the discharge of a written agreement signed and approved by the Public Works Director, specifying the terms and conditions that apply to the discharger and the discharge, and subject to the payment of any applicable charges and fees and such other requirements as may be imposed by the City or any other public agency. Any person violating any provision of the agreement shall be subject to administrative penalties pursuant to appropriate sections of this Code, in addition to any other penalty or remedy provided by the agreement, this Code, or any other provision of any applicable statute, regulation, or ordinance.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

All FSEs shall comply with such BMP requirements as outlined in the FOG control program and/or may be established from time to time by resolution of the City Council and/or Public Works Director.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The City shall have the right to operate, inspect, maintain, and repair sewer system assets located within the sewer easements.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)