City of Firebaugh, CA
Fresno County
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Table of Contents
Table of Contents
[Ord. #308, S1]
The water department shall be under the supervision, control and management of the water manager. The director of public works of the city shall be the water manager, unless the city council shall appoint some other person.
[Ord. #308, S2]
There is a fund known as the Firebaugh City Water Department Fund. All collections of water accounts shall be collected by the finance director, who shall be the city manager. All such collections shall go into the water department fund.
[Ord. #308, S3; Ord. #13-03, § 1]
a. 
Rates may be revised in the future by resolution after a noticed hearing pursuant to Government Code 53753, and unpaid charges under said rates shall still be a lien upon the real property involved.
b. 
The rates established for all user classes by the city shall include, without limitation, the costs of upgrade and maintenance of the water production, treatment and delivery systems, administration and overhead costs, costs of future repairs and capital improvements, necessary reserves to protect and ensure the future utilization of these systems.
c. 
The rates established for all user classes by the city shall also include the cost of water which is supplied to city-owned facilities, including, without limitation, city parks, city buildings, City Hall, the police department, the fire department and the Senior Center. City facilities are operated, maintained, and used by, and for the benefit of, the water customers of the City of Firebaugh. Since all customers directly or indirectly benefit from city facilities, the cost of providing water to these facilities is included in the water rates of the water customers of the City of Firebaugh.
[Ord. #91-2, S1]
A water conservation program for the City of Firebaugh may be established in the future by resolution after a noticed hearing.
[Ord. #308, S4; New; amended by Ord. #80-6, S1; Ord. #90-3, S1]
Each person obtaining a new water supply shall apply for service to the city upon a form specified by the city, which shall be prepared by the collector of the water department. All owners of property must guarantee that bills for service to the property or the occupants thereof will be paid. In the event a new applicant for residential water service is unable to establish credit worthiness, such applicant shall be required to pay as a security deposit an amount as established from time to time by resolution of the city council. In the event a residential water service customer applies for reconnection or reestablishment of water service after having been disconnected for nonpayment of bills for water service, such customer shall be required to pay as a security deposit an amount as established from time to time by resolution of the city council. Any person making a new connection to the city system shall pay an initial connection charge as established by city council's resolution after a duly noticed public hearing. Where a new line has to be extended in order to bring service to a new user, the user shall pay the cost of the line. Subsequent persons tapping into this line may be required by the collector of the water department to pay a portion of the costs of the line, which shall then be refunded to the person originally paying for said line. All lines when so built and brought into the city water system must give the necessary water easements to the city. All owners of property using city water shall thereby consent to the right of the city, through its employees, to come upon the property as necessary to inspect the lines, and to shut off water where required under this chapter and the applicable city policies and regulations.
[Ord. #308, S5]
Where circumstances appear making it likely that there will be extensive use of water by a new or an older user, the city may require the installation of a water meter. There shall be a shutoff valve for city use between the city water supply and the meter and there shall be a shutoff valve between the meter and the building or buildings in which the water is used. The cost of the meter shall be paid for by the user. Upon notification of the decision of the water manager that a meter shall be installed, the owner may, if he or she concludes that there is no necessity for a meter, file an appeal with the city council, and no meter shall be installed until the city council has acted upon the appeal. Such an appeal need follow no particular formalities, but shall be in writing and identify the property in question.
[Ord. #342, S1; Ord. #80-6, S1; Ord. #82-7, S2; Ord. #92-8, S1; Ord. #93-5, S1; Ord. #08-05, S2; amended 4-6-2020 by Ord. No. 20-02]
a. 
Billings. All utility users shall be billed once per month for water, sewer, and garbage collection rates and delinquent and subject to shutoff of said services on the following schedule:
Service Period
Billing Date
5th Day of
Due/Delinquent Date
Last Business Day of
Notice of Water Shutoff
First Business Day of
Service Shutoff Date
Seventh Business Day of
January
January
January
April
April
February
February
February
May
May
March
March
March
June
June
April
April
April
July
July
May
May
May
August
August
June
June
June
September
September
July
July
July
October
October
August
August
August
November
November
September
September
September
December
December
October
October
October
January
January
November
November
November
February
February
December
December
December
March
March
b. 
Delinquent Penalties. If the water, sewer, and garbage collection charges are not paid when due, a penalty of 10% of the amount delinquent shall be added and collected so long as the water, garbage collection, and sewer charges are paid within 30 days after the due date. Thereafter, a late charge of 1 1/2% per month shall be added to the delinquent water, garbage collection, and sewer charges until paid. Any partial payments of water, garbage collection, and sewer charges will be first credited to pay any accrued penalties and late charges. A water, garbage collection, or sewer service customer who is disconnected for nonpayment, shall be charged a reconnection charge as established and set forth from time to time by resolution of the City Council.
c. 
Water and Sewer Connection Fees. Fees for initial connection into the water and sewer systems of the City shall be as established by City Council resolution after a duly noticed hearing.
d. 
Discontinuation of Residential Water Service for Nonpayment. Discontinuation of residential water service for the nonpayment of a utility bill shall be governed by the City's Discontinuation of Water Service Policy, available on the City website.
[Ord. #308, S9]
It shall be a misdemeanor for any person to turn on service which has been shut off pursuant to the above section, unless that person is duly authorized to do so by the water manager.
[Ord. #308, S10; Ord. #08-05, S3]
The owner of any property to which water, sewer, and garbage collection service is made shall be responsible for the payment of the bill for service, and all owners of property must guarantee that the bills for service to property of the occupants thereof will be paid. Delinquent charges for water, sewer, or garbage collection and all penalties thereof when recorded as provided in Title 5, Division 2, Part 1, Chapter 6 of the Government Code (section 54300 et seq.), shall constitute a lien upon the real property served (except that no such lien shall be created against any publicly owned property).
[Ord. #308, S11]
It shall be a misdemeanor for any person to waste water, to open any street hydrant, stopcock, gate valve, or tamper with or interfere with any street service, water connection, water reservoir, pumping plant or water meter attached to any service pipe connected with the city mains or pipes or hydrants, or turn off or on water mains or water pipes of the city, or tamper with or injure any water mains, water pipes, meter or other fittings of the city laid in any street, avenue, alley or other public place, or tamper with, deposit or cause to be deposited in any water main or pipe of said city any fluid or solid matter, substance of any kind or do any act that might cause water to become polluted, poisoned or adulterated, or to take, pump or draw water from any water main, pipe or hydrant of the city without first arranging with the manager of the water department for the same and paying the established rate therefor. Actions of city employees, authorized fire department personnel engaged in their duties, or personnel of the city working within the scope of their duties shall not be a violation of this chapter.
[Ord. #308, S12]
All water cooling systems, including refrigeration systems using water for cooling, hereafter installed, shall provide for the recirculation of water. Existing systems, which use water once for cooling purposes and then allow the water to drain away through the sewage system or otherwise without recirculation where the water manager determines that such systems are unduly wasting water, shall be converted to a recirculating system. The water manager shall notify the owner of the necessity of such conversion to a recirculating system, which must be accomplished within one year thereafter. Whoever uses a non-recirculating system, contrary to the provisions of this section, shall be guilty of a misdemeanor.
[Ord. #308, S13]
Each owner of property must provide space and keep the space about the meter box (if any) and shutoff box servicing his property free and clean of trash, garbage, barrels, boxes, dirt, oil, building material or other obstructions that may in any way interfere with the free access to the same by the employees of the city water department. If any owner allow such obstructions to occur, these obstructions may be removed by the water department and the cost thereof charged against the owner and shall become a lien against the property if not paid when billed.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 87-8.
[Ord. #04-02, S1]
a. 
It is the intent of this subsection to recognize that there are varying degrees of hazard to the city's potable water system, and it is the intent to apply the principle that the degree of protection should be commensurate with the degree of hazard.
b. 
The purpose of this subsection is:
1. 
To protect the public potable water supply of the city from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) such contaminants or pollutants which could backflow or back-siphon into the public water system; and
2. 
To promote the elimination and control of existing cross-connections, actual or potential, between its customers' in-plant potable water system(s) and nonpotable water system(s), plumbing fixtures, and industrial piping systems; and
3. 
To provide for the continuing program of cross-connection control and certification training, which will effectively prevent the contamination or pollution of all potable water systems.
[Ord. #04-02, S1]
As used in this subsection:
ABPA
Means the American Backflow Prevention Association.
AIR-GAP SEPARATION (AG)
Means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying potable water to an open or nonpressure receiving tank, plumbing fixture, or other device and the flood rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, and in no case less than one inch, within sidewalls no less than 1 1/2 inches. An AG must be located as close as practical to the user's connection, and all piping between the user's connection and receiving tank must be entirely visible unless otherwise approved in writing by the cross-connection control specialist. There must be no outlet, tee, tap or connection of any kind to or from the supply pipe between the water meter and the opening from which the water is discharged into the receiving vessel.
APPROVED
Means accepted by the director or designated city utilities employee who has been certificated by AWWA as a cross-connection control specialist, as meeting an applicable specification stated or cited in this subsection, and suitable for the proposed use and degree of hazard.
APPROVED ATMOSPHERIC VACUUM BREAKER (AVB) ASSEMBLY
Means an assembly containing an air inlet valve or float-check, a check seat and air inlet port. A resilient-seated shut-off valve may only be included on the upstream side of the air inlet valve. The assembly shall be installed not less than six inches above the highest outlet on the line. This assembly is designed for usage under a back-siphonage condition only.
APPROVED DOUBLE CHECK DETECTOR CHECK VALVE ASSEMBLY (DCDA)
Means a line - size assembly of two independently acting internally spring-loaded check valves with two tightly closing resilient seated shutoff valves on each end of the assembly, four properly located full port ball valve test cocks for the testing the water tightness of each check valve. Bypass shall consist of one approved double check valve assembly, static pressure drop across the bypass double check valve assembly shall be two PSI less than the mainline check valve assembly. Where an above-grade installation is impossible due to weather conditions, the DC must be installed in a vault that provides proper clearances for testing and maintenance. The following are minimum criteria for below-grade installation: If a DC must be installed below grade, it must be placed in a vault with minimum of 12 inches between the bottom of the vault and the bottom of the assembly. The top of the assembly must be no more than eight inches below grade. There must be at least 24 inches of clearance between the side of the assembly with the test cocks and the side of the vault, and at least 12 inches clearance between the other side of the assembly and the side of the vault. The vault must have adequate drainage to prevent flooding. Vaults that do not have an integrated bottom must be placed on a three-inch layer of gravel.
APPROVED DOUBLE CHECK VALVE ASSEMBLY (DC)
Means an assembly of two independently acting internally loaded check valves with two tightly closing resilient seated shutoff valves on each end of the assembly, four properly located full port ball valve test cocks for the testing of the water tightness of each check valve. The DC shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. This type of assembly should be installed at least 12 inches and not more than 36 inches above grade (measured from the lowest point of the assembly), and must have adequate side and top clearance to allow access for testing and maintenance. A minimum side and top clearance of 12 inches should be allowed.
APPROVED PRESSURE VACUUM BREAKER (PVB)
Means an assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located test cocks and resilient-seated shut-off valves at each end of the assembly. This assembly is designed for usage under a back-siphonage condition only.
APPROVED REDUCED PRESSURE PRINCIPLE ASSEMBLY (RP)
Means an assembly with one differential diaphragm relief valve which shall automatically reduce the pressure in the zone between the two check valves. The assembly shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the assembly. During normal flow, and at cessation of normal flow, the pressure between the two check valves shall be at least two PSI less than the upstream supply pressure. In case of the leakage of either of the check valves, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. The assembly shall have two resilient seated gate valves, or full-ported ball valves on each end of the assembly and four properly located ball valve test cocks. These assemblies shall be installed a minimum of 12 inches and a maximum of 36 inches above ground (measured from the lowest point of the assembly) and 12 inches side clearance. To be approved these assemblies must be installed in location where no part of the assembly will be submerged.
AUXILIARY WATER SUPPLY
Means any water supply on or available to the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, irrigation canal or pipeline, etc., or "used waters" or "industrial fluids." These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have controls.
AWWA
Means the American Water Works Association.
BACK-SIPHONAGE
Means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.
BACKFLOW
Means the flow condition, induced by a differential in pressure, that causes the flow of water or other liquids into the distribution pipes of a public water supply from any source other than its intended source.
CONTAMINATION
Means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds, or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.
CONTROLLED CROSS-CONNECTION
Means a connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed that will continuously afford the protection commensurate with the degree of hazard.
CROSS-CONNECTION CONTROL BY CONTAINMENT
Means the installation of an approved backflow prevention assembly at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; or it shall mean the installation of an approved backflow prevention assembly to the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled at the point of cross-connection.
CROSS-CONNECTION CONTROL SPECIALIST (SPECIALIST)
Means of the City of Firebaugh who has been certified by AWWA or ABPA as a cross-connection control specialist.
CUSTOMER
Means the water user served by the public water system.
CUSTOMERS WATER SYSTEM
Means the piping used to convey water supplied by the public water system throughout the customer's facility.
DIRECTOR
Means the director of utilities for the City of Firebaugh.
FIRE MARSHAL
Means the fire chief of the City of Dinuba or state fire marshal.
HOSE BIB VACUUM BREAKER
Means a device generally attached to a sill cock and in turn connected to a hose-supplied outlet such as a garden hose, slop sink hose, a spray outlet, etc. It consists of a spring loaded check valve that seals against an atmospheric outlet when water supply pressure is turned on. When the water supply is turned off, the device vents to the atmosphere in order to protect against back-siphonage conditions. A hose bib vacuum breaker should not be used as protection against backpressure.
IDENTIFICATION
Means each assembly shall have the following information securely attached or embossed on each unit:
Manufacturer's name;
Size;
Model number;
Direction of flow, by arrow;
Assembly serial number;
Maximum working water pressure (MWWP);
Maximum working water temperature (MWWT);
INSTALLATION
Means each assembly shall be installed a minimum of 12 inches and a maximum of 36 inches above ground, 12 inches side clearance from any structure and as close to the water purveyors meter location as may be possible.
NFPA
Means the National Fire Protection Association.
NONPOTABLE WATER
Means water which is not safe for human consumption or which is of questionable potability.
POLLUTION
Means the presence of any foreign substance (organic, inorganic, or biological) in the water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use. Water;
POTABLE WATER
Means any water which, according to recognized standards, is safe for human consumption.
PUBLIC WATER PURVEYOR OR MUNICIPAL WATER SYSTEM
Means the City of Firebaugh public water system.
USED WATER
Means any water supplies by the water purveyor from a public potable water system to a customer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.
WATER SERVICE CONNECTION
Means the terminal end of a service connection from the public potable water system, where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention assembly located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.
[Ord. #04-02; SI]
DEGREE OF HAZARD
Means the evaluation of the potential risk to public health and the adverse effect of hazard upon the potable water system as defined in this section:
HEALTH HAZARD
Means any condition, assembly, or practice in the water supply system and its operation which could create, or in the judgment of the specialist may create a danger to the health and well-being of the water consumer.
INDUSTRIAL FLUIDS SYSTEM
Means any system containing fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form of concentration such as would constitute a health, water system, pollution or plumbing hazard if introduced into an approved water supply, this may include, but not be limited to: polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids; alkalies; circulated cooling tower waters, open or closed, that may be chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, irrigation canals; oils; gases; glycerin; caustic and other acid solutions which may be used for industrial and firefighting purposes.
PLUMBING HAZARD
Means a cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation, or backflow prevention assembly.
The term "plumbing hazard" includes but is not limited to cross-connections to toilets, sinks, lavatories, wash trays, washing machines or lawn sprinkling systems. Unprotected plumbing-type cross-connections shall be considered to be a health hazard.
POLLUTION HAZARD
Means an actual or potential threat to the physical properties of the water system or to the potability of the public or consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to public health.
SYSTEM HAZARD
Means an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
[Ord. #04-02, S1]
The director of public works shall be responsible for the protection of the public potable water system from contamination or pollution due to the backflow or back-siphonage of contaminates or pollutants through the water service connection.
If, in the judgment of the director, or cross-connection control specialist, an approved backflow prevention assembly is required at the city's water service connection to any customer's premises, for the safety of the water system, the director, or specialist shall give notice in writing to said customer to install such an approved backflow prevention assembly at each service connection to his premises. The customer shall immediately install such approved assembly or assemblies at his own expense; and failure, refusal, or inability on the part of the customer to install said assembly or assemblies immediately shall constitute a ground for discontinuing water service to the premises until such assemblies have been properly installed.
[Ord. #04-02, S1]
a. 
Water System.
1. 
The water system shall be considered as made up of two parts, the city system and the customer system.
2. 
The city system shall consist of the source facilities (wells) and the distribution system, and shall include all those facilities of the water system under complete control of the city, from the source of supply up to the point where the customer's system begins. The source shall include all components of the facilities utilized in the protection, treatment, storage and the delivery of water to the distribution system.
3. 
The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.
4. 
The customer's system shall include those parts of the facilities beyond the termination of the city distribution system which are utilized in conveying city-delivered domestic water to point of use.
b. 
Policy.
1. 
No water service connection to any premises shall be installed or maintained by the city water department unless the water supply is protected as required by state laws and this chapter. Service of water to any premises shall be discontinued by the director or cross-connection control specialist if a backflow prevention assembly required by state law or this chapter is not installed, tested, or maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or altered, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
2. 
The customer's system shall be open for inspection at all reasonable times to authorized representatives of the city water services department, city building inspectors and city fire marshal to determine whether cross-connections or other structural or sanitary hazards, including violations of this chapter, exist. When such a condition becomes known, the authorized representatives shall deny or immediately discontinue service to their premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with state and city regulations relating to plumbing and water supplies and regulations adopted pursuant thereto.
3. 
An approved backflow prevention assembly shall also be installed on each service line to a customer's water system at or near the property line or immediately outside the building being served; but in all cases, before the first branch line leading off the service line.
4. 
The owners/water user of any premises on which, or on account of which, backflow prevention assemblies are installed, shall have the assemblies inspected by a person who has demonstrated their competency in testing of these assemblies to the city and has a valid AWWA or ABPA Backflow Prevention Assembly Tester Certification. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. An annual administrative fee of $12 will be charged to the water user/owner of each assembly at the time annual test letters are mailed, and billed on the next utility bill. Assemblies shall be inspected after installation or relocation by city backflow prevention assembly tester or cross-connection specialist. A fee to inspect/test assembly shall be paid by the owner or business required to install the assembly. The city may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service unless it is functioning as required. A report in a form acceptable to the city shall be filed with the city each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective. All costs of testing, inspection, repair, and maintenance shall be borne by the water user.
5. 
The city will supply affected water users with a list of persons acceptable to the city to test backflow prevention assemblies. The city will notify affected customers by mail when annual testing of an assembly is needed. This notice shall give the water user 60 days to have the assembly tested.
6. 
A second notice shall be sent to each water user which does not have his/her backflow prevention assembly tested as prescribed in the first notice within the sixty-day period allowed. The second notice will give the water user 14 days to have his/her assembly tested. If no action is taken within the fourteen-day period the director/specialist may:
(a) 
Have the assembly tested and maintained by a city staff certified backflow prevention assembly tester. The water user will be charged for the test and any maintenance found necessary on the utility bill.
(b) 
Have a certified tester approved by cross-connection control specialist, test and maintain assembly. The water user will be charged for the test and maintenance found necessary on the utility bill. The tester will be paid from administrative fee fund.
(c) 
Terminate water service to the affected water user until a successful test is received.
[Ord. #04-02, S1]
The charges made for the services provided under Section 15-1.12.050b,6(a) shall be set, initially as set forth in this section, but the amount of these charges may be modified by the city council from time to time by resolution, so that the fees charged are adequate to recover the city's actual cost of providing the services and provide no incentive to the water user to refuse to cooperate with enforcement efforts. In addition to the following charges, there shall be added the actual cost of the time spent on repairs, with a minimum charge for at least one hour of time. The initial amounts shall be as follows:
$65 (includes 1 hr. minimum for repairs) 3/4 inches to 1 inches
$80 (includes 1 hr. minimum for repairs) 1 1/2 inches to 2 inches
$90 (includes 1 hr. minimum for repairs) 2 1/2 inches to 4 inches
$150 (includes 1 hr. minimum for repairs) 6 inches to 8 inches
[Ord. #04-02, S1]
a. 
In the case of any premises where there is an auxiliary water supply which is not otherwise subject to the provisions of this chapter, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced pressure principle backflow prevention assembly (RP).
b. 
In the case of any premise where there is any water or substance that would be objectionable but not hazardous to public health if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly (DC).
c. 
In the case of any premise where there is any material dangerous to health, which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced pressure principle backflow prevention assembly (RP), sewage treatment plants pumping stations, chemical plants, hospitals and mortuaries.
d. 
In the case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced pressure principal backflow prevention assembly (RP) at the service connection.
e. 
In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impracticable to make a complete implant cross-connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of an approved backflow prevention assembly in the service line. In this case, maximum protection will be required; that is, an approved air-gap (AG) separation or a reduced pressure (RP) principal backflow prevention assembly shall be installed in each service to the premises.
f. 
In the case of premises having any internal cross-connection that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements, pumps or other devices, or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved air-gap (AG) separation or reduced pressure (RP) principle backflow prevention assembly in the service line.
g. 
In the case of new, remodeled or building inspection a hose bib vacuum breaker shall be installed on all hose bibs (water faucets).
[Ord. #04-02, S1]
Businesses and uses as designated by the director or cross-connection specialist, shall be required to install a backflow prevention assembly of the type indicated as a minimum, as follows:
Agricultural chemical companies
RP
Air conditioning plants (Commercial A.C. equipments)
RP
Animal clinics, animal grooming shops and boarding
RP
Apartment or office complex with pond, lake or fountain
RP
Apartments with laundromats/laundry rooms
DC or RP
Automatic or manual irrigation systems, Commercial or private
DC or RP
Autoclave equipment*
AG, RP or PVB
Automotive detail shops
RP
Automotive repair with steam cleaner, acid cleaning or
RP solvent equipment
Auxiliary water system or sources (interconnected or not)
RP
Bakeries
RP
Barber shops, beauty shops or salons
DC or RP
Bars or cocktail lounges
DC or RP
Battery manufacturing and rebuilding
RP
Boat manufacturing and repair
RP
Bottling plants-beverage or chemical
RP
Building 2 stories and higher
RP
Buildings with boilers, cooling towers, water tanks, and booster pumps
RP
Buildings with sewage pumps
AG
Camera repairing
DC or RP
Canneries, packing houses or reduction plants
RP
Car washes
RP
Carpet, rug and upholstery cleaning firms
RP
Catering firms
RP
Chemical processing or storage facilities
RP
Chemically treated (nonpotable) water systems
RP
Chemically treated (potable) water systems
DC
Chiller equipment*
PVB, DC or RP
Churches with baptismal pools
RP
Civic works exempt from City of Firebaugh inspection
RP
Cleaning and dye plants
RP
Cold storage and ice manufacturing plants
RP
Commercial meat cutting, packaging and cold storage lockers
RP
Commercial photography firms
RP
Concrete plants
DC or RP
Convalescent homes and clinics
DC or RP
Convenience stores and markets
DC or RP
Dairies
DC or RP
Dark rooms
RP
Dehydrating firms
RP
Dental offices, clinics, and labs
RP
Dialysis clinics, experimental labs
RP
Diesel repair shops
RP
Doctor's offices
RP
Donut shops
RP
Drain cleaning service firms
AG or RP
Drapery cleaning firms
RP
Drip irrigation systems
RP
Dry cleaning equipment
RP
Fabrication plants (metal, fiberglass, foam and plastic)
RP
Fast food restaurants
RP
Fire protection systems Classes 1 and 2 (No protection required with permission from specialist)
DC
Fire protection systems Class 3
DC
Fire protection systems Class 4
DC or RP
Fire protection systems Class 5
RP
Fire protection systems Class 6 (determined by specialist and fire chief)
Food processing facilities using nontoxic materials
DC or RP
Food processing facilities using toxic materials
RP
Frozen food processing plants
RP
Fruit and vegetable packers
RP
Funeral homes
RP
Garbage disposal firms
RP
Garden centers and nurseries
RP
Gas service stations
DC or RP
Gasoline, oil and lubricant marketers and distributors
RP
Graphic art photographers
RP
Gymnasiums with saunas, whirlpools, boilers, etc
RP
Heat pump equipment*
PVB, DC or RP
Hospitals
AG or RP
Hot tank equipment*
PVB, DC or RP
Hotels and motels with laundry facilities and restaurants
RP
Industrial X-ray equipment
RP
Inspection and herbicide manufacturing and storage facilities
RP
Laboratories
RP
Landscaping with elevated areas
RP
Laundries
Laundromats (with boilers)
RP
Lawn mower shops
RP
Machine shops
RP
Manufacturing, processing and fabrication facilities
DC or RP
Medical offices
RP
Metal stripping facilities
RP
Mobile home parks
DC or RP
Mobile services (pest control, drain cleaning, steam cleaning, rug cleaning)
RP
Mortuaries and morgues
RP
Offices or shopping centers with uncommitted lease spaces
RP
Oil and gas bulk or production facilities
DC or RP
Paint spray booths
RP
Painting shops using water in any process
RP
Paper processing and production facilities
RP
Pest control services and suppliers
RP
Pet shops and suppliers
RP
Photography studios with processing equipment
RP
Planting works
RP
Pressure vessel equipment*
RP
Pressure washing equipment
RP
Public utility companies
RP
Radiator shops (repairs and backflushing)
RP
Refineries
RP
Rendering and reduction plants
RP
Rest homes
DC or RP
Restaurants or buildings with commercial kitchen (180° water, commercial dishwasher)
RP
Sanitary dump for recreation vehicles or septic system service tankers
AG or RP
Schools, colleges, trade schools
RP
Sewage and stormwater pumping facilities
AG or RP
Shows and movie theaters
RP
Solar systems and related equipment*
RP
Spa and hot tub equipment*
RP
Steam cleaners*
DC or RP
Swimming pools
PVB or RP
Tank trucks filling from fire hydrant
AG or RP
Taxidermists
RP
Temporary construction water
[Ord. 709 (part), 1988; Ord. 677 S1 (part), 1985]
AG or RP
Testing laboratories
RP
Tire recapping, retreading and repairing services
RP
Vats*
PVB, DC or RP
Waste water treatment facilities
RP
Water filtration and purification facilities
AG or RP
Where a cross-connection is maintained (actual or potential)
RP
Where the use of public water is such as to subject it to deterioration in sanitary quality
DC or RP
* Means that this equipment or fixture should also have individual, interior protection with the type of backflow assembly shown
A.G. - means approved air gap separation
R.P. - means approved reduced pressure principle backflow assembly
D.C. - means approved double check backflow assembly
PVB - means approved pressure vacuum breaker backflow assembly
Each new, relocated or existing water service must be reviewed to determine the existing or potential hazard which may occur once the water leaves the water purveyors jurisdiction at the water meter. This type of backflow assembly list indicates the type of assembly required for specific businesses and uses. The assembly listed may not be the final determination in a given situation, a more restrictive assembly if a greater hazard is encountered or a less restrictive assembly or none at all if a lesser or no hazard exists. The backflow protection assembly would be installed on the water service line(s), adjacent to the water meter on the consumer's property.
[Ord. #04-02, S1]
Following are the minimum backflow assembly required to satisfy containment requirements and shall apply to those fire protection systems connected to the public water system. (AWWA M-14 and NFPA)
The director or designated city utilities employee who has been certified by AWWA as a cross-connection control specialist may require additional protection for the public water system if he/she deems it necessary due to potential contamination.
a. 
Class I: Direct connection from public water mains only; no pumps, tanks, or reservoirs; no physical connection from other water supplies; no antifreeze or other additives of any kind: all sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.
b. 
Class II: Same as Class I, except that booster pumps may be installed in the connections from the street mains (Booster pumps do not affect the potability of the system; it is necessary, however, to avoid drafting so much water that pressure in the water main is reduced below 20 psi.)
c. 
Assembly Required - Class I and Class II: are interpreted to refer to those systems which generally and ordinarily would not require an approved backflow protection assembly at the fire system user connection in order to protect the public water system. However, it is recognized that "special conditions: (such as multiple services) may exist on the site of a Class I or II fire sprinkler system such that an actual or potential contamination hazard is presented to the domestic water supply and that under these "special conditions" an approved backflow prevention assembly at the user connection for the fire sprinkler system, is warranted.
d. 
Class III: Direct connection from public water supply main plus one or more of the following; elevated storage tanks: fire pumps taking suction from above ground covered reservoirs or tanks; and pressure tanks (all storage facilities are filled or connected to public water only, the water in the tanks to be maintained in a potable condition).
e. 
Assembly required - Class III: Approved double check valve (DC) installed as outlined in Class I and Class II.
f. 
Class IV: Directly supplied from public mains similar to Classes I and II, and with an auxiliary water supply on or available to the premises; or an auxiliary supply located within 1,500 feet of the pumper connection.
g. 
Assembly Required - Class IV: Air gap (AG); reduced pressure (RP) or double check valve (DC); the assembly shall be aboveground installation and as near the public water system as possible.
h. 
Class V: Directly supplied from public water mains, and interconnected with auxiliary supplies, such as; pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; wells, mills or other industrial water systems; or where antifreeze or other additives are used.
i. 
Assembly required - Class V: Air gap (AG); reduced pressure (RP) installed aboveground and as near public water system as possible.
j. 
Class VI: Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.
k. 
Assembly required - Class VI: Protection assembly would be determined after fire marshal and specialist had made a complete survey of the fire protection requirements of the premises.
[Ord. #04-02, S1]
When water users are found that pose a clear and immediate hazard to the potable water supply and these hazards cannot be immediately abated, the shutoff procedures should be initiated.
Conditions requiring water shut-off shall include, but not be limited to the following:
a. 
Refusal to test backflow prevention assembly;
b. 
Refusal to repair or replace faulty backflow prevention assembly;
c. 
Direct or indirect connection between a potable water system and a sewer system;
d. 
Unprotected direct or indirect connection between a potable water system and a system or equipment containing toxic chemicals or sewage;
e. 
Unprotected direct or indirect connection between potable water system and auxiliary water system;
f. 
Unprotected direct or indirect connection between potable water system and nonpotable nonpressure system;
g. 
Refusals to correct violations.
[Ord. #04-02, S2]
When it becomes necessary to shut-off- a user's water, the following steps shall be followed:
a. 
The cross-connection control specialist shall determine the degree of hazard to public health. (See paragraph a, b, c, d, and e of Section 15-1.12.030.)
b. 
If it is determined to be an immediate public health hazard:
1. 
Immediately discontinue user's service;
2. 
Immediately verbally notify the user;
3. 
Follow up with a certified letter of corrections to be taken prior to service being restored;
4. 
If the degree of hazard is high, immediate notification to state and county health departments.
[Ord. #04-02, S1]
a. 
Any backflow prevention assembly required in this chapter shall be of model and size approved by the specialist. The term approved backflow prevention assembly: shall mean an assembly that has been manufactured in full conformance with the standards established by AWWA entitled: AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Assemblies; and have met completely the laboratory and field performance specifications of the Foundation of Cross-Connection Control and Hydraulic Research (FCCC & HR) of University of Southern California.
b. 
Final approval of any assembly or system proposed for installation under the terms of this chapter shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCC & HR specifications or other recognized testing laboratory. The following testing laboratory has been qualified by the Specialist to test and certify backflow preventers:
Foundation for Cross-Connection Control & Hydraulic Research
University of Southern California
University Park
Los Angeles, California 90089
c. 
Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the specialist. Backflow preventers which may be subject to back pressure of back-siphonage that have been fully tested and have been granted a certificate of approval by the qualified laboratory and are listed on the laboratory's current list of "Approved Assemblies" may be used without further test or qualification. The specialist shall maintain in his office the current list of approved assemblies.
[Ord. #04-02, S1]
Prior to the installation of any backflow prevention assemblies between the public water system and the owner's facility, the owner or contractor shall make application and receive approval from the cross-connection control specialist. Application forms are available from the public works department and the building and planning department.
[Ord. #04-02, S1]
It shall be the duty of the designated city utilities employee who has been certificated by AWWA as a cross-connection control specialist (specialist) to ensure that at any premises where backflow prevention assemblies are installed to have a certified inspection and operational test made at least once per year and immediately after installation, relocation or repair. In those instances where the specialist deems the hazard to be great enough he/she may require certified testing and inspections at more frequent intervals. These inspections and test may be at the expense of the water user and shall be performed by the city water service department certified personnel, or by a certified tester approved by the specialist. It shall be the duty of the specialist to see that these timely tests are made. The customer shall be notified by the specialist in advance when the tests are to be undertaken so that he or his representative may witness the tests if it is so desired. Those assemblies found to be defective shall be repaired, overhauled, or replaced at the expense of the customer user. Records of such tests, repairs, and overhaul shall be kept by the water utility department.
[Ord. #04-02, S1]
The charges made for the services provided under Section 15-1.12.130, shall be set, initially as set forth in this section, but the amount of these charges may be modified by the city council from time to time by resolution so that the fees charged are adequate to recover the city's actual cost of providing the services and provide no incentive to the water user to refuse to cooperate with enforcement efforts. The initial amounts shall be as follows:
3/4" to 1" = $45
1 1/2" to 2" = $60
2 1/2" to 4" = $80
4 1/2" to 8" = $90
[Ord. #04-02, S1]
a. 
No person shall be qualified to test, inspect, repair, overhaul or maintain backflow prevention assemblies unless his qualifications have been established by AWWA and or ABPA and to the satisfaction of the director or the designated city utilities employee who has been certificated by AWWA and or ABPA as a cross-connection control specialist (specialist) as hereinafter required. To determine the qualifications of any person to test, inspect, repair, overhaul or maintain backflow prevention assemblies, the director individually or through the specialist shall have the authority to conduct additional examinations as he may deem necessary. Upon training as the director shall prescribe, that person must receive a certificate of competence from the AWWA and or ABPA verifying he/she is qualified to test, inspect, repair, overhaul or maintain backflow prevention assemblies. Every person, after receiving a certificate of competence shall be issued such appropriate and such identification shall be kept in the immediate possession of every person holding a certificate of competence while said person is testing, inspecting, repairing, overhauling or maintaining any backflow prevention assembly in the city.
b. 
Every person holding a "certificate of competence" issued under the provisions of this chapter shall be required to renew the certificate every three years. Reexamination may be waived at the discretion of the director and/or specialist.
c. 
Each person receiving a "certificate of competence" under the provisions of this chapter shall be responsible for the competency and accuracy of all tests, inspections, repairs, overhauls or maintenance performed by him/her on any backflow prevention assembly.
d. 
Any person issued a "certificate of competence" who violates or fails to comply with any of the provisions of this chapter or willingly falsifies inspection or maintenance reports submitted to the specialist shall not be considered competent to test, inspect, repair, overhaul or maintain assemblies in the City of Firebaugh. Violation will be forwarded to AWWA and ABPA for revocation of certification.
[Ord. #04-02, S1]
All amendments as may be necessary by California Administration Code Title 17, American Water Works Association (AWWA) and the director, or rates, fees and compensation to be charged and collected by the city for services shall be reviewed, revised and established by resolution of the city council.
[Ord. #04-02, S1]
The director through the designated city utilities employee who has been certified by AWWA and or ABPA as a cross-connection control specialist shall have the authority to immediately discontinue service to any premises where cross-connections or other hazard to the water system are found to exist, and shall not again render service to said premises until such conditions are eliminated in accordance with the chapter. Any consumer who willfully violates any of the provisions of this chapter shall, in addition to immediate discontinuance of water service, be deemed guilty of an infraction and upon conviction thereof shall be subject to the fines as specified in this section of the code.
The fine for noncompliance shall be not less than $100 and no more than $1,000 per violation as deemed necessary by the director or designated city utilities employee.
If any violation be continued, each day's violation shall be deemed a separate violation.
The model Water Efficient Landscaping Ordinance, as published by the California Department of Water Resources, pursuant to the California Water Conservation in Landscaping Act (Government Code § 65591 et seq.), is hereby adopted, in full, by reference, and shall be effective in the City of Firebaugh commencing on January 1, 2010. A copy of the model Water Efficient Landscaping Ordinance shall be retained on file in the office of the city manager, the office of the city planner, and office of the Firebaugh City Clerk at all times.
[Ord. #82-2, S2; Ord. #83-3, S2; Ord. #96-2, S1; Ord. #98-1, S1]
a. 
It shall be a misdemeanor for any person to discharge or cause to be discharged any rain or storm water, surface water, ground water, drainage water or roof-off water into the sewer system of the city.
b. 
It shall be a misdemeanor for any person to discharge waste drainage containing sand, grease, oil or sludge except through a trap or settling box sufficient to prevent the sand, grease, oil or sludge from being carried into the sewer system. These traps and settling boxes shall be kept clean and in sufficient repair at all times by the owner of the property. It shall be a misdemeanor to disconnect or bypass a trap or settling box so provided in a manner which might cause drainage to be discharged directly into the sewer system and frustrate the purpose of this section in requiring the provision of traps or settling boxes. Where a trap or settling box is provided and so disconnected or bypassed, it shall be presumed that the person or entity discharging the drainage is responsible for the disconnection or bypass.
c. 
It shall be a misdemeanor for any person to drain waste water into the sewer system containing acid or chemicals in such amount as to interfere with the natural digesting process at the sewer disposal plant, or in such quantity as might be reasonably expected to lead to such interference.
d. 
It shall be a misdemeanor for any person to remove or cause to be removed a cover from a manhole or any other opening in the city sewer system, other than a city-approved building sewer, for the purpose of permitting or causing to be directly discharged into the sewer system rain, storm, surface, grounds, drainage or roof-off water, or holding tank waste; except that city employees acting within the scope of their duties as such shall be exempt from the provisions of this paragraph d.
e. 
It shall be a misdemeanor for any person to discharge or cause to be discharged any holding tank waste into the city sewer system except in accordance with subsection 15-2.8 and a valid permit issued pursuant to that section. For purposes of this Chapter 15, "holding tank waste" means any waste or other substance from any holding tank such as but not limited to a septic tank, a vessel, a chemical toilet, a camper, a trailer or a vacuum pump tank truck.
[Ord. #96-2, S2]
The public works director or his designated representative may direct, in writing, any person proposing to discharge into the city sewer system any waste, waste water, water or other substance to have it tested for the purpose of determining whether it complies with the applicable requirements, standards and criteria in this chapter or in any other applicable Federal, State or local laws, rules, codes or regulations. Upon receipt of such written direction, the person shall immediately cease from discharging the waste water, water or other substance specified in the direction and shall not discharge, attempt to discharge or cause to be discharged such substance until the testing has been completed and the public works director has given written permission for the discharge. All testing shall be done at no cost to the city and shall be performed according to the methods, standards, criteria and schedule specified by the public works director. If the results of the testing show, to the public works director's satisfaction, that the waste, waste water, water or other substance complies with this chapter and with all applicable Federal, State and local laws, rules, codes and regulations, that it is amenable to treatment by the processes employed by the city's waste treatment facilities, and that it will not be otherwise detrimental or cause damage to the city sewer system or waste water treatment facilities, the director may give the person written permission to discharge the substance into the city sewer system. The permission, if given, shall be subject to all conditions specified by the public works director, including without limitation pretreatment of the substance at no cost to the city.
It shall be a misdemeanor for any person to discharge or cause to be discharged into the city sewer system any waste, waste water, water or other substance not in compliance with this section.
[Ord. #342, S3]
There is a fund known as the City of Firebaugh Sewer Revenue Fund. All charges, penalties and connection fees for the sewer system shall be paid into said fund and disbursed therefrom in accordance with the provisions of Resolution No. 998, adopted by this council on February 10, 1976.
[Ord. #308, S16]
There is a city sewer department, which shall be under the management and control of the director of public works, or such other person as may be appointed by the city council as director thereof.
[Ord. #308, S17; New; Ord. #80-6, S2]
Any person making a new connection to the city sewer system shall pay a connection fee as set by the city council resolution after a duly noticed public hearing.
[Ord. #308, S18]
All plumbing affecting the sanitary condition of any building or structure within the boundaries of any lot in the city shall be connected with the public sewage system of the city, provided that when property is annexed to the city which is connected to a cesspool or septic tank, the cesspool or septic tank may continue to be used for not more than six months or until the structures on the property can be connected to the sewage system, whichever is sooner.
[Ord. #308, S19]
All plumbing to be connected to the Firebaugh sewage system shall be constructed of materials and a manner of construction, with clean-outs, grade, trench and easements in such a manner as to conform to the standard specifications and requirements maintained by the director of public works. All sewage lines or other plumbing which is designed to be connected to the city sewage lines shall be inspected during the course of construction as to the layout, groundwork, materials and construction. The city building inspector shall conduct the inspections, and a reasonable fee shall be charged to the owner for the inspections.
[Ord. #342, S2; Ord. #13-03, S2]
a. 
There is hereby levied and assessed upon each premises having any sewer connection available with the sewerage system of this city or which is discharging sewage that ultimately passes through the sewerage system of the City of Firebaugh, a service charge payable as hereinafter provided and in an amount provided as established by resolution of the city council.
b. 
The rates established for all user classes by the city shall include, without limitation, the costs of upgrade and maintenance of the sewer treatment and distribution systems, administration and overhead costs, costs of future repairs and capital improvements, necessary reserves to protect and ensure the future utilization of these systems.
c. 
The rates established for all user classes by the city shall also include the cost of sewer services which are supplied to city-owned facilities, including, without limitation, city parks, city buildings, City Hall, the police department, the fire department and the Senior Center. City facilities are operated, maintained, and used by, and for the benefit of, the sewer customers of the City of Firebaugh. Since all customers directly or indirectly benefit from city facilities, the cost of providing sewer services to these facilities is included in the sewer rates of the sewer customers of the City of Firebaugh.
[Ord. #98-1, S2]
Any person proposing to discharge holding tank waste into the sewer system of the city must first secure a holding tank waste discharge permit as provided in this section. Unless allowed by the city under the terms and conditions of a permit, a separate permit must be secured for each separate discharge. Discharge of the holding tank waste shall be in accordance with all terms, conditions and requirements of this section and the permit.
a. 
Any person seeking a holding tank waste discharge permit shall complete and file with the public works director an application on the form prescribed by the city, accompanied by an application fee in the then-current amount established from by resolution of the council. As part of the application, the applicant shall submit, in units and terms appropriate for evaluation, the following information:
1. 
Name, address, telephone number and current Fresno County Department of Health registration number; if the applicant is a company, name of the owner;
2. 
Volume of holding tank waste to be discharged;
3. 
Source, constituents and characteristics of the holding tank waste to be discharged;
4. 
Year, make, holding tank waste capacity and license number of each vehicle that will make discharges under the permit; and
5. 
Any other information as the public works director may deem necessary to evaluate the permit application.
The public works director will evaluate the information furnished by the applicant and may require additional information. After evaluation and approval of the application, the director may issue a holding tank discharge permit subject to the terms and condition provided in this section. If the permit is issued, the applicant shall first pay the estimated user charges at the then-current rates established by resolution of the city council and shall meet such other conditions as the director may require.
b. 
A holding tank waste discharge permit shall state the specific location of the discharge, the day(s) and time(s) of day the discharge is to occur, the volume of the permitted discharge, specific limitations on the characteristics and constituents of the holding tank waste that may be discharged and such other terms and condition as the public works director determines necessary or appropriate. No person shall discharge holding tank waste except at the location, on the days, during the times and upon the conditions stated in the permit. The permit or a legible copy thereof shall be carried in each discharging vehicle specified in the permit and shall be displayed to the director or his designated representative at the specified discharge location.
c. 
Discharge of permitted holding tank waste shall be made only under the direct supervision of the public works director or his designated representative. Discharge prohibitions shall be those contained in the permit and those in subsection 15-2.1.
d. 
A holding tank waste discharge permit shall not override any permit, rule, regulation or requirement of the Fresno County Health Services Agency, of Article I, Chapter 4, Part 13 of Division 104 of the California Health & Safety Code or of any other applicable Federal or State law or regulation.
e. 
The volume of holding tank waste discharge may be ascertained by means of an external sight glass or other suitable device acceptable to the public works director, marked in 100 gallon increments, provided that a "certificate of inspection" from the Fresno County Division of Weights and Measures is obtained annually for each permitted vehicle's measuring device. The permittee shall furnish to the director a copy of the "certificate of inspection" for each permitted vehicle so certified. Any permitted vehicle without such measuring device shall be charged for each load according to the rated capacity of the tank. The discharger will be given a receipt, signed by both the public works director or his designee and the discharger, at the time of the discharge. The receipt shall state the volume of holding tank waste discharged. The city will bill the permittee at the beginning of each calendar month for user charges based on the amount discharged during the preceding calendar month, at the then-current rates established by resolution of the city council, with a credit for any estimated user charges paid pursuant to paragraph a of this subsection 15-2.8. In addition, if processing the permittee's loads necessitates overtime work or special handling by city personnel, the permittee shall be responsible and shall be billed for all additional costs in connection therewith.
f. 
The permittee shall be liable for any damage to city personnel, structures, property or waste water treatment processes caused by any holding tank waste load deposited pursuant to the permit. The permittee shall have in effect, at all times while exercising the privileges of the permit, public liability and property damage insurance of not less than the amount specified by the city in the permit and shall furnish evidence of such coverage immediately upon request by the city.
g. 
The permittee shall notify the public works director 24 hours prior to delivery of any holding tank waste load.
h. 
The public works director shall have the right to sample or cause sampling of holding tank waste loads before they are discharged into the city's sewer system or waste water treatment facility. Laboratory charges incurred shall be paid by the permittee, whether or not the load is accepted. The director may require pretreatment measures to bring the holding tank waste to be discharged into compliance with the limitations of the permit and this code. Such pretreatment, if required, shall be accomplished by the permittee at the permittee's expense.
i. 
The city reserves the right to reject any holding tank waste load. Any rejected load shall be retrieved by the permittee at the permittee's expense. If the permittee fails to retrieve a rejected load immediately, the city shall have the right to arrange for disposal by any legal means and collect the full costs of doing so from the permittee.
j. 
For each holding tank waste load to be discharged into the city's sewer system or waste water treatment facility, all holding tank waste sources shall be recorded on a waste hauler manifest form provided by the city. Each manifest form shall be submitted to the public works director or his designated representative prior to discharge.
k. 
In addition to other terms, conditions and restrictions required by this subsection 15-2.8 or deemed necessary or appropriate by the public works director, each holding tank waste discharge permit shall contain, and each permittee shall comply with, the following conditions:
1. 
Only domestic holding tank waste may be discharged. Discharge of industrial or commercial holding tank waste, including waste from sand, oil or grease interceptors, shall be prohibited.
2. 
Discharge of any waste classified as hazardous waste by either the State or the United States Environmental Protection Agency shall be prohibited.
3. 
Discharge of holding tank waste from outside the county shall be prohibited and shall not be accepted for processing by the city.
4. 
The permittee shall preserve for at least three years all records, books, documents, memoranda, reports and correspondence relating to the monitoring, sampling and chemical analyses of holding tank waste made by or on behalf of the permittee in connection with the discharge.
5. 
Except where such disclosure is prohibited by law, all reports and other documents required by this section shall be available for public inspection at the office of the public works director.
6. 
No person shall increase the use of potable or process water in or in any way attempt to dilute a holding tank waste discharge as a partial or complete substitute for adequate treatment to achieve compliance with discharge limitations contained in this section or a permit.
7. 
The permittee shall indemnify, hold harmless and defend the city, its council, boards and commissions, and each of its officers and employees from any and all claims, demands, loss, liability, costs or damages (in contract, tort, strict liability or statute, including personal injury, death or property damage) arising out of or in any way connected with discharge of holding tank waste or other acts or omissions in connection with a permit issued under this section, including without limitation any damage to city personnel, structures, property or waste water treatment processes. Without limiting the preceding sentence, if any holding tank waste load accepted from the permittee causes or contributes to a violation of any Federal, State or local waste water standard, rule or regulation, the permittee shall reimburse the city for any and all loss, liability, damage or penalties resulting therefrom.
8. 
A holding tank waste discharge permit shall not be assigned or transferred; provided that if the permittee is sold to or merges into another entity, the permit may be transferred to the successor entity and discharges thereunder continued only upon the public works director's written approval of such transfer.
l. 
No holding tank waste discharge permit issued under this section shall be deemed to convey any property or vested rights or any exclusive privileges. Such permit may be revoked by the public works director at any time. Without limiting the preceding sentence, the public works director may immediately revoke a permit when, after inspection, monitoring or analysis, he determines that the discharge of holding tank waste to the city's sewer system or waste water treatment facility is or will be in violation of this Chapter 15 or any other Federal, State or local law, ordinance, regulation or standard, or when he determines that there has been falsification or misrepresentation of data or statements in the application for the permit or in any reporting form or other document required to be submitted by this subsection 15-2.8. The director shall give the permittee written notice of revocation. Such notice will be sufficient if given by first class mail to the permittee's most current address on file with the director. The revocation shall be effective on the date stated in the notice.
m. 
A holding tank waste discharge permit may be modified by the public works director at any time due to modifications in applicable laws, regulations, standards, limitations or requirements or for other causes. The director shall give the permittee written notice of any such modification. The notice will be sufficient if given by first class mail to the permittee's most current address on file with the director. The permittee shall have a reasonable period of time, as determined by the director, after such notice to comply with any modification which results in new conditions under the permit.
n. 
It shall be unlawful and a misdemeanor for any person to violate any provision of a holding tank waste discharge permit or this subsection 15-2.8. In addition, any person who intentionally or negligently violates any provision of a holding tank waste discharge permit or this subsection 15-2.8 may be liable in a civil action for an amount not to exceed $6,000 for each day in which the violation occurs.
[Ord. #13-04]
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
Shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
INDUSTRIAL CONNECTION SEWER
Shall mean any sewer connecting a building, building sewer, process facility or drainage system to the public sewer for purposes of conveying industrial wastewater.
INDUSTRIAL USER
Shall mean any user who discharges nondomestic wastewater to the public sewer or city-owned treatment and/or disposal site. In this section industrial user may be referred to as the "discharger."
INDUSTRIAL WASTEWATER
Shall mean all water-carried wastes and wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharge includes significant quantities of wastes of nonhuman origin.
PERSON
Shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
[Ord. #13-04]
a. 
No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge from the city manager, upon recommendation by the city engineer.
b. 
The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter. Specific discharge limits, as specified in the National Categorical Pretreatment Standards or the city's waste discharge order shall be included in each permit: provided, however, that if no such limit has been established, the city engineer shall ascertain the limit to be applied to the discharger and such limit shall be incorporated in the permit. Those limits set by the city engineer shall be no less stringent than applicable State and National Categorical Pretreatment Standards or limits listed in the city's industrial waste discharge order from the Central Valley Regional Water Quality Control Board.
c. 
No person shall discharge industrial wastewaters in excess of the quantity or in violation of quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit or desiring to change its discharge parameters, shall apply to the city for an amended permit. An amended permit shall be secured before discharging at limits which violate the current permit condition. New or increased contributions of pollutants to the city sewerage system by industrial users, where such contribution do not meet applicable Categorical Pretreatment Standards or the city's waste discharge order and the requirements set forth in this chapter or where such contributions would cause the city to violate its waste discharge requirements, are prohibited, and no amended permit shall be issued for such contributions.
d. 
A schedule for complying with any industrial effluent limitations, self-monitoring requirements or other requirements deemed necessary by the city engineer to ensure compliance with city, county, State or Federal rules and regulations shall be submitted to the city for approval. The city engineer may require compliance schedule progress reports, a report on final compliance with effluent limitations and standards, and periodic reports on continued compliance.
e. 
At least once every two years or more often if tests indicate effluent violates the city discharge order, the city engineer shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The city engineer may require any user to develop, submit for approval and implement such a plan. Alternatively, the city manager, on recommendation of the city engineer, may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
1. 
Description of discharge practices, including non-routine batch discharges;
2. 
Description of stored chemicals;
3. 
Procedures for immediately notifying the city engineer of any accidental or slug discharge, 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.
[Ord. #13-04]
a. 
The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require, including, but not limited to, resulting from new or updated State regulations impacting the sewer facilities owned and/or operated by the city and/or water quality.
b. 
The city shall allow an industrial discharger 120 days following written notice of changes to comply with any changes in the industrial wastewater permit required by the city.
[Ord. #13-04]
a. 
The city manager, on recommendation of the city engineer, shall issue a notice of violation to a discharger that does not comply with the requirements listed in that discharger's city discharge permit for industrial wastewater discharge. Such notice may require the payment of fines, which may include a monetary equivalent amount equal to the cost of pre-treatment improvements, flow equalization improvements, source control improvements, implementation of wastewater control programs, or any other costs that would have been required of the discharger to maintain compliance with the city permit industrial wastewater discharge permit. The fine may also include monetary amounts allowing the city to recover its costs for discovering, assessing and collecting the fine related to noncompliance with the industrial user's city permit for industrial wastewater discharge. Alternatively, in the event the costs described above are difficult to determine or estimate, fines up to $1,000 per violation per day may be assessed depending on the severity and history of the problem, effluent content and other treatment related matters. Fines imposed pursuant to this section shall be reported to the city council by the city manager. The discharger may appeal these fines to the city council pursuant to subsection 15-2.9.7.
b. 
Violations or fines assessed to the city from Federal, State or county entities for wastewater discharges reasonably attributed to the failure of an industrial user to comply with its city permit for industrial wastewater discharge, shall be assessed to that discharger as part of the fine for noncompliance with the requirements of that discharger's industrial wastewater discharge permit with the city.
c. 
Assessment of fines shall not diminish the city's rights to recover damages resulting from the industrial wastewater discharger's activities which violate permit conditions.
[Ord. #13-04]
a. 
On recommendation of the city engineer, the city manager may suspend a permit for industrial wastewater discharge when such suspension is necessary in order to stop a discharge which presents an actual or threatened hazard to the public health, safety or welfare, to the local environment, the city's sewerage system or the city's water system.
b. 
Any discharger notified of a suspension of its industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the city manager, on the recommendation of the city engineer, shall take such steps as set forth in this chapter to ensure compliance.
c. 
The city manager, on the recommendation of the city engineer, shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city.
[Ord. #13-04]
The city manager, on the recommendation of the city engineer, may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
a. 
Failure to notify the city engineer and city manager of significant changes to the wastewater prior to the changed discharge;
b. 
Failure to provide prior notification to the city engineer and city manager of significant changed conditions, including, without limitation, facility expansion, significant change in procession operations, major equipment changes/modifications which may have a material impact on effluent discharge;
c. 
Failure to secure necessary business permits when required;
d. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
e. 
Falsifying self-monitoring reports;
f. 
Tampering with monitoring equipment;
g. 
Refusing to allow the city engineer or his designee timely access to the facility premises and records;
h. 
Failure to meet effluent limitations;
i. 
Failure to pay fines;
j. 
Failure to pay sewer charges;
k. 
Failure to meet compliance schedules;
l. 
Failure to complete a wastewater survey or the wastewater discharge permit application;
m. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility;
n. 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter; or
o. 
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user; or
p. 
Failure to maintain appropriate land use permit (i.e., CUP, site plan review).
[Ord. #13-04]
The discharger may, within 10 business days of notice of an adverse decision under this section, appeal the decision to the city council by filing written notice of appeal with the city clerk. The council shall fix a time and place for hearing such appeal. The clerk shall give notice to the discharger for the time and place of the appeal by serving it personally by U.S. Mail to the discharger's last known address. The council's decision shall be final.
[Ord. #13-04]
a. 
If sewerage capacity is not available, the city may require the industrial wastewater discharger to restrict its discharge until sufficient capacity can be made available.
b. 
When requested, the city will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities.
c. 
The city may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility.
[Ord. #13-04]
Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters or slug discharges which cause damage to city's facilities (included but not limited to wastewater treatment plant, water system, streets), detrimental effects on treatment processes, or any other damages resulting in costs to the city shall be liable to the city for all damages occasioned thereby.
[Ord. #13-04]
a. 
All persons discharging industrial wastewater directly or indirectly to the city's municipal sewer system or city-owned treatment and/or disposal facilities prior to the effective date of the ordinance codified in this chapter and who have obtained a permit or approval of industrial wastewater discharge from the city are granted a temporary permit to discharge industrial wastewaters.
[Ordinance #13-04, codified herein as subsection 15-2.9 became effective September 4, 2013.]
b. 
This temporary permit shall expire six months after notification by the city manager that a new permit is to be obtained, or after two years from the effective date of the ordinance codified in this chapter, whichever should first occur.
c. 
120 days prior to the expiration of the temporary permit, the industrial wastewater discharger shall apply for and obtain a permit for industrial wastewater discharge.
[Ord. #13-04]
a. 
For connection of an industrial structure, works or establishment, the charge shall be determined by the city manager, and approved by the city council based on quantity in relation to single-family units, plus unusual strength and characteristics of the wastewater to be received.
b. 
Dischargers with unusual industrial wastewater circumstances due to wastewater characteristics or amount of wastewater flow may, at the discretion of the city council, enter into a discharger-specific agreement with the city for establishing the charges to the discharger for the treatment of its wastewater flows. The discharger-specific agreement must allow the city to recover all costs occasioned by the treatment of that discharger's industrial wastewater flows including but not limited to capital costs, legal costs, engineering costs and operational costs.
[Ord. #308, S21; Ord. #90-7, S1; Ord. #96-2, S3; Ord. #98-1, S3]
The water manager shall be authorized to sell water to water trucks at a metered outlet for a reasonable price to be fixed by the water manager.
[Ord. #308, S22]
Any person committing any act declared by this chapter to be a misdemeanor shall be liable, after conviction, to the penalty stated in Chapter 1, section 1-5.
[Ord. #81-7, S1]
If it becomes necessary to extend off-site water mains in order to serve a new development, the cost of the extension, hereinafter called "off-site main," will be the responsibility of the developer, however the developer will not be required to provide, at the developer's expense, a line exceeding 10 inches in diameter. The city reserves the right to increase the diameter of the off-site main upon the condition the cost to the developer will not exceed the construction costs of the extension.
[Ord. #81-7, S2]
The plans and specifications for the off-site main must be approved by the city engineer. The engineering costs for the preparation of plans, specifications and staking of the off-site main incurred by the developer may be included in the agreed construction costs as provided for in this section. The cost of distribution mains within the development boundary and their appurtenances shall not be included in the off-site main repayment agreement.
[Ord. #81-7, S3]
a. 
Sealed bids shall be submitted in writing for the construction of the off-site main directly to the city manager. These bids shall be opened on a predetermined date agreeable to the developer and the city, both of whom reserve the right to reject any or all bids.
b. 
The construction cost of the off-site main shall be determined prior to the commencement of construction, and shall be approved by the city manager. However, the final award of the bid for the construction will be the responsibility of the developer.
c. 
Upon completion, the off-site main shall become the property of the city and the city shall have exclusive control of connections to the main.
[Ord. #81-7, S4]
Prior to commencement of any construction the city and developer involved shall execute an agreement providing for the equitable reimbursement to said developer of the cost of said lines in excess of those costs attributable to his development. Said agreement shall specify those differential costs and the applicable zones of benefit on adjacent property subject to reimbursement shall be made by imposing connection charges on subsequent developers within said zone of benefit based upon a pro rata formula set for in the agreement.
[Ord. #81-7, S5]
The city shall impose, as a condition of development on said adjacent property within the established zone of benefit under said agreement, appropriate connection charges to reimburse the original developer for the excess costs as established in said agreement. All sums so charged and collected by the city shall be paid to the original developer, his successors, assigns or designee, provided that no sums collected in excess of the differential cost as established by said agreement shall be reimbursed.
[Ord. #81-7, S6]
The engineering costs, in an amount approved by the city manager, shall be included in the cost of construction as well as the costs of the city inspection which shall be paid to the city by the developer. No interest shall apply to off-site main construction costs.
[Ord. #81-5, S1]
If it becomes necessary to extend sewer mains in order to serve a new development, the cost of the main extension, hereinafter called "off-site main", will be the responsibility of the developer, however the developer will not be required to provide, at the developer's expense, a line exceeding eight inches in diameter. The city reserves the right to increase the diameter of the off-site main upon the condition the costs to the developer will not exceed the actual construction costs of the same extension if the eight inch pipe has been used.
[Ord. #81-5, S2]
The plans and specifications for the off-site main must be approved by the city engineer. The engineering costs for the preparation of plans, specifications and staking of the off-site main incurred by the developer may be included in the agreed construction costs as provided for in this section. The cost of mains within the development boundary shall not be included in the off-site main repayment agreement.
[Ord. #81-5, S3]
a. 
Sealed bids shall be submitted in writing for the construction of the off-site main directly to the city manager. These bids shall be opened on a predetermined date agreeable to the developer and the city, both of whom reserve the right to reject any or all bids.
b. 
The construction cost of the off-site main shall be determined prior to the commencement of the construction, and shall be approved by the city manager. However, the final award of the bid for construction will be by the developer and the cost of construction will be the responsibility of the developer.
c. 
Upon completion, the off-site main shall become the property of the city and the city shall have exclusive control of connections to the main.
[Ord. #81-5, S4]
Prior to commencement of any construction the city and developer involved shall execute an agreement providing for the equitable reimbursement to said developer of the cost of said lines in excess of those costs attributable to his development. Said agreement shall specify those differential costs and the applicable zones of benefit on adjacent property subject to reimbursement shall be made by imposing connection charges on subsequent developers within said zone of benefit based upon a pro rata formula set forth in the agreement.
[Ord. #81-6, S5]
The city shall impose, as a condition of development on said adjacent property within the established zone of benefit under said agreement, appropriate connection charges to reimburse the original developer for the excess costs as established in said agreement. All sums so charged and collected by the city shall be paid to the original developer, his successors, assigns or designee, provided that no sums collected in excess of the differential cost as established by said agreement shall be reimbursed.
[Ord. #81-6, S6]
The engineering costs, in an amount approved by the city manager, shall be included in the cost of construction as well as the cost of the city inspection which shall be paid to the city by the developer. No interest shall apply to off-site main construction costs.
[Ord. #07-07, S1]
All residences, businesses and structures in need of water or sewer service in the City of Firebaugh shall be connected to the municipal water system and sewer system. For new residences, businesses and structures, said connections shall be made before an occupancy permit can be granted by the city. For residences, businesses and other structures which are not connected to the municipal water and sewer system on the date this subsection becomes effective,[1] said connection shall be made to the water and or sewer system when the municipal water or sewer main is installed in the public or other right-of-way or easement within 100 feet of the property line. The connection to the municipal water and sewer system shall be made at the property owner's sole cost.
[1]
Editor's Note: Ordinance No. 07-07, codified herein as subsection 15-6.7, was adopted November 19, 2007.