Note: Prior ordinance history: Ord. 410 as amended by 411.
A. 
The wastewater facilities of the city discharge effluent to the city of San Bernardino treatment facilities by virtue of a joint powers agreement from which it is discharged to the Santa Ana River Bed. This effluent can affect the quality of stream flow in the river and the quality of the receiving groundwater.
B. 
Existing federal and state laws and regulations establish limitations on the nature of all effluent discharged to waterways, to the surface or underground.
C. 
The California Regional Water Quality Control Board, Santa Ana Region, has established limitations on the concentration of selected biological and chemical constituents of the effluent discharged by the city. The limitations are set forth in orders duly adopted by the board.
D. 
In order to comply with the requirements contained in those orders, the city must regulate the content of wastes discharged into its public sewers and/or wastewater treatment facilities. This chapter establishes requirements for discharges into the public sewers and/or wastewater treatment facilities of the city in order to enable the city to comply with the requirements of the board with regard to effluent limitations, national standards of performance, and with other criteria required or authorized by federal or state legislation.
(Ord. 454 § 3, 1991)
In order to ensure proper operation of the public sewers and/or wastewater treatment facilities, certain pretreatment or equalization facilities for wastewater discharging to the wastewater facilities may be necessary. This chapter contains regulations concerning these appurtenances.
(Ord. 454 § 3, 1991)
A. 
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
"Accessible water surface"
means the water surface area of an interceptor that is easily accessible for cleaning and at the same time will retain oils and greases floating on the water effluent passing through the device.
"Act" or "the Act"
means the Federal Water Pollution Control Act, also known as the Clean Water Act as amended, 33 U.S.C. 1251, et seq.
"Applicant"
means any person or corporate body desiring to create a new or revised discharge of nondomestic wastewater.
"Authorized industrial representative"
means a duly employed representative of an industrial discharger that is qualified to answer technical questions concerning in-plant processes of the discharger and is responsible for the generation of the in-plant wastewater being discharged to the public sewer system.
"Biological oxygen demand (BOD)"
means that measure of biodegradable organic material in domestic or other wastewaters as represented by the oxygen utilized over a period of five days at twenty degrees centigrade and as determined by the appropriate testing procedures.
"Business"
is a general term used to cover all types of industrial and commercial enterprises in the city.
"Categorical industry"
means federally established groupings of specific industries based on their products, byproducts and wastewater discharges, and the EPA has or is in the process of promulgating pollutant discharge limits for each industrial group.
"Categorical standards"
means the National Categorical Pretreatment Standards as established by the Environmental Protection Agency (E.P.A.).
"Chemical oxygen demand (COD)"
means the measure of chemically oxidizable material in domestic or other wastewaters as determined by appropriate testing procedures.
"City"
means the city of Loma Linda acting through its elected officials and authorized representatives.
"City council"
means the city council of the city of Loma Linda.
"City manager"
means the city manager of the city of Loma Linda or authorized representative.
"Commercial business"
means a business that discharges into the public sewer system less than one hundred gallons per day and only domestic wastewater.
"Compatible pollutant"
means a combination of biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, plus additional pollutants that are removed to a substantial degree by a treatment plant and is not a hazardous waste.
"Conductivity"
means the ability of a water sample to conduct an electric current.
"Constituent"
means any chemical element, compound or mixture that is either suspended or dissolved in the wastewater stream.
"Developer"
means a person, firm, corporation, partnership or association who proposes to develop, develops, or causes to be developed real property for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not developers.
"Director"
means the director of public services or authorized representative.
"Discharger"
means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer.
"Domestic wastewater"
means any waterborne wastes, derived from the ordinary living processes in a dwelling unit of such character as to permit satisfactory disposal, without special treatment, by conventional wastewater treatment plant processes.
"Effluent"
means the liquid outflow from any facility entering either a private or public sewer system and/or a wastewater treatment plant.
"Engineer"
means the city engineer or authorized representative.
"Environmental Protection Agency" or "E.P.A."
is an agency of the United States Federal Government.
"Equivalent dwelling unit, (EDU)"
means a flow of sewage discharge equal in volume and strength to a single family dwelling unit.
"Federal Categorical Pretreatment Standards"
means any regulation containing pollutant discharge limits established under the appropriate subpart of 40 CFR Chapter I, Subpart N.
"Flow weight"
means a mathematical method by which chemical concentrations and volumes of different wastewater streams can be compared and evaluated.
"Grease, oil and sand interceptor"
means an approved detention chamber designed to remove grease, oil and sand from a source flow prior to discharge into the community collection system.
"Hazardous substance"
means any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, or radioactive, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife.
"Hazardous waste"
means any hazardous substance that is either the resultant and/or intermediate or final byproduct of any process.
"House connection sewer"
means a sewer, including the connection, wye or tee, within a public street or rightof-way, proposed to connect any parcel, lot or part of a lot to a main line sewer.
"Incompatible pollutant"
means any pollutant which is not a compatible pollutant.
"Incremental"
means that the city's domestic or potable water source has a constituent loading for a specific chemical substance, determined by chemical analysis, and this chemical loading has been included in the city's wastewater maximum allowable discharge limit for that specific chemical substance.
"Industrial user"
means a discharger classified as industrial in the Act.
"Industrial wastewater"
means the same as nondomestic wastewater.
"Industrial wastewater representative"
means an owner, manager or duly appointed employee of a business that is knowledgeable of the business's wastewater generation and discharge and has been appointed by the business as a spokesman to answer questions and supply any information concerning wastewater generation and discharge from the business as requested by the director.
"Lateral"
means that complete portion of the sewer system beginning at the point of connection to the public sewer mainline to the point of on-site acceptance herein defined as the unit's cleanout as specified in the latest edition of the Uniform Plumbing Code (UPC). Maintenance responsibility for the complete sewer lateral (from structure/dwelling to the joint or saddle) shall be borne by the property owner, pursuant to city of Loma Linda sewer lateral standard SS-3.
"May"
means something is permissive.
"Monitoring facility"
means any city-approved structure used for housing wastewater monitoring equipment and provides a convenient access point for the complete monitoring of wastewater discharges.
"National Categorical Pretreatment Standard" or "Pretreatment Standard"
means any regulation containing pollutant discharge limits promulgated by the E.P.A. in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
"National Pollutant Discharge Elimination System" or "NPDES"
means a National Wastewater Program with a discharge permit issued by the California Regional Water Quality Control Board (C.R.W.Q.C.B.) in conjunction with and pursuant to Section 402 of the Act (33 U.S.C. 1342).
"Nondomestic wastewater"
means the wastewater arising from or associated with a nondomestic operation, including but not limited to, the following:
a. 
Production or refining of petroleum;
b. 
Production, processing, packing or canning of fruits, vegetables, meat or beverages;
c. 
Laundering of clothes in public laundries;
d. 
Public self-service laundries;
e. 
Hospitals;
f. 
Restaurants;
g. 
Vehicle service facilities, wash racks and garages;
h. 
Production of fertilizer, keeping of livestock or poultry and operation of dairies;
i. 
Production of refuse;
j. 
Production and processing of plastic;
k. 
Cleaning of tanks, tank cars or barrels;
l. 
Plating or processing metals;
m. 
Processing or reclamation of refuse; and
n. 
The washing of equipment or spaces used in nondomestic operations and any other similar manufacturing, processing and servicing operations.
"Nondomestic wastewater"
shall not include the following: wastewaters from the operation of hotels, schools, single or multiple residences and places engaged exclusively in retail business.
"Parameter"
means a measurable condition that can vary depending on the chemical loadings and concentrations and physical conditions of the wastewater stream.
"Pass through"
means the discharge of pollutants through the wastewater treatment facilities into navigable waters in quantities or concentration which are a cause of, or significantly contribute to, a violation of any requirement of the treatment works National Pollution Discharge Elimination System (NPDES) permit.
"Permit"
means that document permitting a user to discharge nondomestic wastewater to the public sewers and/or wastewater treatment facilities.
"Permittee"
means the holder of a valid permit.
"Person"
means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns.
"pH"
means the negative logarithm (base 10) of the hydrogen ion concentration.
"Pollutant"
means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into the water.
"Pollution"
means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
"Premises"
means a parcel of real estate including any improvement thereon which is determined by the superintendent to be a single user for purposes of receiving, using and paying for services.
"Pretreatment" or "treatment"
means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the public sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes.
"Pretreatment requirements"
means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
"Public sewer mainline"
means that portion of the sewer collection system that is a minimum six-inch diameter pipe located within the public right-of-way or a public sewer easement, that has been designed, constructed, inspected and accepted to the satisfaction of the director and engineer.
"Public sewer"
means a common sewer or sewers that collect domestic or nondomestic wastewater for transport to the treatment facilities including pumping stations in the public sewer system. The term as used in this chapter does not include storm drains or channels for conveyance of natural surface waters.
"Public sewer system"
means any sewer owned and operated by the city.
"Radioactive material"
means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.
"Service unit" or "SU"
shall be derived from a mathematical formula in which total flow, biological oxygen demand (BOD), and suspended solids (SS) are converted to a numerical value in proportion to residential levels for the same three variables.
"Sewage"
means wastewater.
"Sewer"
means sanitary sewer mains, including appurtenances such as manholes and clean-outs, but does not include residential, commercial and industrial laterals and connections to the public sewer system.
"Sewer factor" or "SF"
shall be an assigned percentage used to calculate the volume of sewage from a water meter reading for different types of discharges derived statistically using methods established by the Department of Public Works, Bureau of Sanitation, City of Los Angeles.
"Sewer service connection fee"
means a sewer fee consisting of a frontage connection fee, a capital facilities fee or a combination thereof.
"Sewerage"
means any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.
"Shall"
means something is mandatory.
"Significant"
means any nondomestic discharger that is a categorical industry, and/or discharges to the public sewer system twenty-four thousand gallons per day or more of processed wastewater, or has a wastewater discharge that has the potential to adversely affect the POTW resulting in treatment plant pass through, interference, sludge contamination or endangerment of city or POTW workers.
"Sludge" or "wastes"
means the nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.
"Standard Methods"
means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.
"Superintendent"
means the superintendent of the utility services division of the city or authorized representative, or any city officer who subsequently is empowered to assume or succeed the superintendent.
"Total dissolved solids (TDS)"
means the solid matter in solution in the wastewater under conditions normally found in the sewer and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration.
"Total suspended solids (TSS)"
means any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of waste.
Units.
a. 
"Private dwelling unit"
means a dwelling unit intended for occupancy by a single family group. This shall apply to all single-residential premises and multiple-residential premises that are not required by this code to obtain a commercial business license.
b. 
"All other units"
means all residential units in apartment buildings or such other premises as may be required by this code to obtain a commercial business license and/or a wastewater discharge permit required under special restrictions for nondomestic wastewater in Section 13.17.100.
"User"
means any person, his or her heirs, executors, administrator, or assigns and also includes a firm, company, association, corporation, society or group who or which uses the wastewater facilities of the city.
"Vehicle servicing facility"
means any facility designed for the washing, servicing and repair of vehicles licensed by the Department of Motor Vehicles, construction equipment, industrial transportation or power equipment.
"Wastewater"
means waste and/or water, whether treated or untreated, being discharged into or permitted to enter a public sewer.
"Wastewater facilities"
means the structures, equipment, and processes required to treat domestic and nonsanitary wastes and dispose of the effluent.
"Water supply"
means generally the supply of public or private potable water serving the area contributory to the city's public sewers and/or wastewater treatment facilities.
"Zoning"
means the land use designation as set forth in Title 17 of the Loma Linda Municipal Code, with the exception that in the case of a conditional use permit (CUP), zoning shall be defined as the land use allowed by virtue of a CUP.
B. 
Definitions of all chemical, biological, and other technical terms shall be the same as defined in the fifteenth edition of Standard Methods for the Examination of Water and Wastewater, published by American Public Health Association, American Water Works Association (AWWA) and Water Pollution Control Federation (WPCF) and the California Water Pollution Control Association (CWPCA).
(Ord. 454 § 3, 1991; Ord. 552 §§ 1, 2, 1997)
No certificate of occupancy shall be issued and no premises shall be occupied until the owner, occupant, or tenant of the premises has complied with all rules and regulations of this chapter.
(Ord. 454 § 3, 1991)
The owner of any premises used for human occupancy, employment, recreation or other purposes situated within the city and which nearest property line is within two hundred feet of any street, alley or easement in which there is a public sewer, is required to connect the premises directly with the sewer.
(Ord. 454 § 3, 1991)
Except as provided in this chapter, it is unlawful for any person to discharge or to cause to be discharged into the public sewer system or any opening leading to a public sewer system any of the following, in quantities or volume, which will obstruct the flow of sewage in the sewer, which will cause clogging of/or adversely affect a sewage pump or public sewer system which will in any other way interfere with the normal operation of the sewage collection system:
A. 
Any earth, sand, gravel, rock, ashes, plaster, concrete, glass, mud, straw, shavings, metal filings, metal or plastic objects, solid, semisolid, or viscous material resulting in interference;
B. 
Any garbage that is not ground sufficiently to pass through a one-quarter-inch screen;
C. 
Any object in excess of one and one-half inches in length or width which causes or may cause clogging of a sewage or sludge pump or may interfere with the normal operation of the treatment plant;
D. 
Any compound which produces or may produce noxious odor in the public sewers and/or wastewater treatment facilities;
E. 
Any quantities of nonbiodegradable oil, petroleum oil, or refined petroleum products that exceed limits set by the POTW or by ordinance; any volatile liquid or substance which produces or may produce a toxic, explosive, or flammable atmosphere into public sewers and/or wastewater facilities;
F. 
Any overflow from any septic tank or cesspool or any liquid or sludge pumped from a cesspool, septic tank or chemical toilet, except the chemical toilets in mobile recreation units at such place and in such manner as may be prescribed by permit issued by the city;
G. 
Any rainwater, groundwater, street drainage, subsurface drainage, road drainage, yard drainage, water from fountains, ponds, lawn sprays, swimming pools, wading pools, or any other type of surface water;
H. 
Any waste or pollutant that will generate or has a temperature in excess of one hundred degrees Fahrenheit;
I. 
Any radioactive wastes in excess of federal, state or county regulations;
J. 
Any waste that might cause an injury or a health hazard to city or damage to the public sewer system;
K. 
Any water or waste having any corrosive or detrimental characteristic that could cause injury to maintenance personnel or structural damage to the POTW or public sewer system, but in no case discharges with pH lower than 6.0 nor greater than 9.0;
L. 
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in such quantities that alone or in combination with other waste substances would create a hazard or public nuisance;
M. 
Any amounts of chlorine or hydrocarbons that exceeds limits set by the POTW;
N. 
Any substance which causes or may cause significant color increase beyond natural background levels of the water supply;
O. 
Any substance or material which causes or which may cause chemical imbalance in the wastewater treatment procedures, processes or reactions, or which adversely affects, changes or disrupts any operation or function of the public sewer and/or wastewater treatment facilities by any means. Pollutants introduced into the wastewater treatment facilities by a nondomestic source shall not pass through the wastewater treatment facilities or interfere with the operation or performance of the works;
P. 
Any nonbiodegradable cutting oils, commonly called soluble oil, which form persistent water emulsions;
Q. 
Any quantities of dispersed biodegradable oils or fats such as lard, tallow or vegetable oil that exceed limits set by the POTW, the department of public services or the city of San Bernardino Treatment Facility;
R. 
Any waste being discharged from a commercial garbage grinder;
S. 
Grease, oil and sand interceptors shall be required when, in the opinion of the director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, sand, or other harmful materials which can be removed readily by grease, oil and sand interceptors. All such interceptors shall be of a type and capacity approved by the director, and shall be located so as to be readily and easily accessible for cleaning and inspection. Said interceptors shall be regularly cleaned and maintained by applicant to prevent any intercepted materials from entering the public sewer;
T. 
Any asphalt, tar, dead animals, plastics, wood, whole blood, paunch manure, bones, hair and fleshing, entrails, paper dishes, paper cups, milk containers or other paper products, either whole or ground by garbage grinders, or any other solid or viscous substances;
U. 
Any wash water, solvents or cleaners from a concrete or asphalt area or lot used to park, store, refuel, wash, or repair any type of motorized vehicles without a city-approved sand and grease interceptor and approval from the director;
V. 
Any organic and/or inorganic element, mixture or compound that is considered a hazardous substance, hazardous waste/or pretreatment sludge or waste;
W. 
Any pesticides and fertilizers;
X. 
Any initial drainage from a vehicle radiator.
(Ord. 454 § 3, 1991; Ord. 511 § 1, 1995)
A. 
It is unlawful for any person to install, replace, enlarge, or operate any zeolite or resinous ion-exchange water softeners or demineralizers and other similar devices, used for softening all or part of a water supply to a property which has a connection to the public sewer system if the volume of the ion-exchange resin or other similar material used for softening the water supply exceeds one cubic foot. No water dilution of the wastewater from a water softening apparatus shall be allowed in the determination of the mineral or trace metal content. Such water softening devices may be installed or operated only if the disposal of the wastewater brine will be by some lawful means other than discharge to the public sewer system or to the ground.
B. 
This section shall not apply to existing units nor to apparatus of the type which is regenerated off-site by a water conditioning company.
C. 
This section shall not apply to any type of commercial or industrial, institutional softening apparatus, which will be considered individually in connection with nondomestic wastewater controls.
D. 
Any person installing or operating any water softening device(s) within the city limits shall make the device(s) accessible to the director for inspection and shall make such reports as the director may request as to the operation of the water softening equipment.
(Ord. 454 § 3, 1991)
A. 
No person shall discharge nondomestic wastewater into the public sewer system unless such person holds a valid nondomestic wastewater discharge permit or temporary nondomestic wastewater permit issued by the city of San Bernardino.
B. 
The director may approve nondomestic wastewater generator to discharge nondomestic wastewater to the public sewer system if:
1. 
The quality of the wastewater being discharged to the public sewer system conforms to the requirements of this chapter and city of San Bernardino's most updated point-source limits;
2. 
A compliance time schedule has been approved by the director (if required) and is on file in the public services department;
3. 
The public sewer system has adequate capacity for the volume of wastewater to be discharged;
4. 
All required pretreatment systems must be approved by the director and city of San Bernardino wastewater treatment officer and it must be demonstrated, by the user, that the systems can adequately achieve EPA categorical limitations, whichever is the more strict, as well as have the capability to handle or can be easily modified to handle future requirements;
5. 
A city-approved industrial wastewater monitoring vault, manhole, or other approved monitoring facility has been constructed, or shall be constructed;
6. 
All nondomestic dischargers that use a pretreatment system are required to establish and maintain a daily operation and maintenance log for their pretreatment system, and it shall contain at a minimum the following information:
a. 
The date and times of routine maintenance and calibration of the system,
b. 
A description of all maintenance and calibration work being done on the system,
c. 
The date and time of any major repair and down time on the system,
d. 
The emergency or backup system or program instituted while the pretreatment system was out of operation,
e. 
The estimated daily operational efficiency of the pretreatment system, and
f. 
The name of the supervisor responsible for the pretreatment system and any maintenance men working on the system.
C. 
Nondomestic wastewater permit conditions and requirements shall be as follows:
1. 
The permit is valid only to the original applicant.
2. 
The public services department is to be notified in written form, within ten days, of in-plant modifications that will directly or indirectly affect the quality and/or quantity of wastewater entering the public sewer system.
3. 
The public services department is to be notified within one week after the authorized industrial representative of a company is appointed or replaced.
4. 
The discharger shall furnish additional information concerning its effluent as required by the public services department.
5. 
The discharger shall accept and abide by all provisions of ordinances and resolutions of the city of Loma Linda, California.
6. 
The discharger shall be required to operate and maintain in a satisfactory and approved manner, as defined by the equipment manufacturer, all required wastewater treatment device(s).
7. 
The discharger shall cooperate at all times with the city of Loma Linda personnel during the inspection, monitoring, and study of its wastewater facilities and discharges.
8. 
The discharger shall notify the public services department in the event of any accident, negligence, or other occurrence that causes the discharge to the public sewer of any material whose nature and quantity might be judged to constitute a substantial change in volume, a hazard or potential hazard to city and/or district personnel, the public sewer system, the wastewater treatment facilities, or the environment. Also, formed written notification discussing circumstances and mitigation measures shall be submitted to the director within five days of occurrence.
9. 
To construct or have constructed a city-approved wastewater monitoring facility on each nondomestic sewer lateral of the company prior to it entering the public sewer system and where such flows are not combined or mixed with domestic flows.
D. 
Under no circumstances shall a wastewater permit be assigned, transferred or sold to a new user, different premises, or a new, changed, or revised business operation.
E. 
If any person wishes to make alterations of pretreatment facilities or alterations of connections to the sewer, or if he/she wishes to discharge additional wastewater in excess of the amounts which have been approved or wastewater of a different nature, type or substance not consistent with the original permit, he/she shall submit to the director a letter requesting the approval of such an alteration along with an updated wastewater survey and permit application.
F. 
It is unlawful for any reason to discharge into the public sewer system directly or indirectly, any nondomestic wastewater without a valid permit from the city, except that the director shall grant such reasonable time extensions on existing permits as may be necessary for business alterations, changes in processes or designs, or the acquisition, manufacture, installation and testing of a wastewater treatment system or other facilities, which additional time is required, but not to exceed one year, providing there are no point-source limitation violations.
G. 
When a discharger determines that a discharge of wastewater has taken place in violation of prohibitions or limitations in this chapter, point-source control program, effluent limitations, pretreatment standards, or the provisions of any permit, then a compliance time schedule for all pretreatment and/or wastewater cleanup procedures and practices must be submitted to the public services department and be approved by the director.
H. 
Modifications or changes of a compliance time schedule may be granted by the engineer upon written request providing the new compliance dates are not in violation with the current E.P.A. compliance dates for the type of discharger in question.
I. 
If a user's nondomestic wastewater permit has been revoked, and if that user chooses to again discharge to the public sewer system, the user's industrial wastewater representative must apply for a new nondomestic wastewater permit. Also, prior to repermitting, the industrial wastewater representative must demonstrate or prove to the engineer's satisfaction, that either a safety-backup system(s) and/or precautionary measures have been incorporated into their business process to eliminate similar violations in the future.
J. 
Within one month after a user has been repermitted, after having their permit canceled, the user shall submit to the director, a twenty-four-hour flow-weighted composite analysis of their wastewater being discharged to the public sewer system for all constituents and parameters requested by the director.
K. 
All user discharge points to the public sewer system that carries any nondomestic sewage, shall be required to be permitted and shall be considered a nondomestic discharge point-source.
L. 
The installation, design, and adequacy of any facility pursuant to the provisions of this section shall not impute any liability nor relieve the owner or proprietor of such responsibility.
M. 
All industrial users must keep for a minimum of three years, copies of all their wastewater reports, surveys, permits, monitoring, wastewater correspondence, violation notices, and chain-of-custody logs, and upon request, this information must be made available for review and/or copying by any government agency; also, this period of retention shall be extended during the course of any unresolved litigation regarding the industrial user.
N. 
The user chain-of-custody logs shall consist of: dates of sample collection; type of sampling; how the sample was stored and any forms of sample preservation; listing of the constituents and parameters to be tested; name of the individual who collected the sample; name of the laboratory and the date and time the sample was turned over to the laboratory.
(Ord. 454 § 3, 1991)
A. 
Except as hereinafter set forth, no nondomestic wastewater shall be discharged to the public sewer system unless such wastewater conforms to the requirements set forth in this section.
B. 
All nondomestic wastewater dischargers shall be required to construct a city-approved monitoring facility at each existing point-source location.
C. 
The point of determining compliance with the provisions of this chapter shall be at each discharge point-source to the public sewer system or such other upstream point on the private lateral of each user as mutually agreed upon by the industrial wastewater representative and the director.
D. 
In each nondomestic wastewater permit, the director shall notify each nondomestic discharger in the city as to the constituents and parameters that shall be analyzed from each discharge point.
E. 
The engineer shall have the right to enter randomly and unannounced, onto the premises of all nondomestic dischargers for the purpose of wastewater monitoring at each of the permitted point-sources, the review and copying of wastewater monitoring data, records, logs, reports, and conducting plant inspections.
F. 
Each nondomestic discharger shall be responsible for the following:
1. 
The notification, contracting or hiring of a state-certified laboratory to perform the required monitorings and analyses within the set time limitations;
2. 
The monitoring of each nondomestic wastewater discharge point must be based on a twenty-four-hour or fortyeight-hour (categorical) flow-weighted composite sampling over a typical work day period;
3. 
The laboratory shall use the E.P.A. test procedures for the analyses of the wastewater samples;
4. 
To supply the laboratory with a complete constituent and parameter listing prior to any field monitoring;
5. 
The discharger shall assume the responsibility and the cost for the construction and maintenance of all in-plant monitoring facilities as well as for the laboratory and monitoring charges.
G. 
It is unlawful, and the nondomestic discharger held financially responsible, for any damage, breakage, or tampering of any laboratory or city monitoring equipment while it is in use either in, on, or next to the monitoring facility of the discharger.
H. 
All new and proposed nondomestic dischargers to the public sewer system shall be required to include all necessary monitoring and pretreatment equipment and programs in order to be in compliance with the city's current pretreatment program prior to any discharge to the public sewer system.
1. 
A start-up wastewater monitoring and analysis, all at the business's own expense, shall be performed on the wastewater discharges leaving the user's facility and shall comply with the city's monitoring requirements established in this chapter.
2. 
All start-up monitorings shall be based on a twenty-four-hour composite sample and the laboratory must use methods to analyze for the following parameters and constituents: biological oxygen demand (BOD); chemical oxygen demand (COD); total suspended solids (TSS); total dissolved residue (TDR); total organic carbon (TOC); phenols; total oils and greases; pH; sodium; chloride; sulfate; boron; total and organic nitrogen; copper; total and hexavalent chromium; cadmium; lead; nickel; zinc; amenable and nonamenable cyanide; iron; mercury; total daily flow - GPD; peak flow - GPD, and its times; and a concurrent water meter reading with the sewer flow monitorings.
3. 
If a wastewater discharge violation is identified from the start-up analysis, the wastewater representative from the business shall be notified by the director, by telephone and in writing, and the discharger shall be responsible for compliance with all the sections of this chapter.
4. 
A letter of compliance shall be required of all new and proposed nondomestic dischargers to the public sewer system. This letter must be approved by the director prior to any nondomestic discharges to the sewer and must include the following:
a. 
The name, address, and telephone number of the business;
b. 
The name, address, and telephone number of the state-certified water laboratory that will be used for the startup monitoring and analysis work;
c. 
The date, time, and location in the facility where the monitoring is to be conducted;
d. 
A statement that the laboratory has been given the city compliance date for the start-up analysis as well as the list of city required parameters and constituents for monitoring and analysis purposes, and the laboratory has been directed to submit a copy of the start-up analysis report directly to the director.
e. 
The authorized wastewater representative from the business has received copies of the city's current wastewater ordinance and resolution, has reviewed and understands the city's wastewater pretreatment program, and the management of the business agrees to comply with the city's wastewater program; and
f. 
The letter of compliance must be signed by either the owner, president or chairman of the board of the new or proposed business.
(Ord. 454 § 3, 1991)
A. 
Any violation of this chapter, or the permit requirements, and the monitoring compliance date(s) as set by ordinance or resolution, or discharge to the public sewer system of any constituent(s) in excess of the city of San Bernardino's point-source limitations without being correctly documented in their most current compliance time schedule, or if there is a danger to the health and safety of the general public due to a wastewater generation or discharge, the discharger in violation is subject to having his or her nondomestic wastewater permit suspended or revoked by the city. Also, the discharger may be subject to an injunctive relief action, misdemeanor or felony charges, or civil penalties of not less than one thousand dollars per day as established by E.P.A.
B. 
The director may notify the discharger of the violation by registered mail, and the possible actions the city may take against the discharger. Depending upon the frequency of the violation and the health and safety danger, the director may grant the discharger as much as ninety days to get back into compliance or the discharger may be subject to suspension of their nondomestic wastewater permit pending permit revocation proceedings by the city.
C. 
In the event the director determines that a discharger is, or is likely to, discharge into the public sewer system any constituent or parameter described in subsection A, I, J, K, L, V, W of Section 13.17.060, or any constituent that possesses a health and safety danger, the director may suspend the nondomestic wastewater permit pending a revocation hearing before the city council. In the event such an interim suspension is imposed, the revocation hearing before the city council shall be heard within fifteen days after the effective date of suspension.
D. 
The director may initiate without an interim suspension, proceedings to revoke a nondomestic wastewater permit by giving notice of such intent to the discharger concerned. Such notice shall state the nature of the violation, the evidence upon which the violation is based, and shall state the date, time and place at which the city council shall hold a hearing on the issue of whether the wastewater permits shall be revoked. A copy of the notice shall be delivered to the discharger by personal delivery or by registered mail at least ten days prior to the hearing date.
E. 
The procedures at the hearing shall be as follows:
1. 
The city shall have the burden of proving that the violations stated in the notice occurred and the city may do so by any relevant evidence; and
2. 
The discharger shall have the right to appear at the hearing, either personally or through counsel, or both, and to present any relevant evidence that the discharger cares to present on the issue of whether the nondomestic wastewater permit should be revoked.
F. 
Following the hearing, the city council, if it finds that the violations set forth in the notice did exist, may revoke or conditionally revoke the nondomestic wastewater permit.
G. 
Failure of an industrial discharger's wastewater representative to submit all of the required wastewater reports, records, schedules, monitoring data, compliance letters, and logs either before or on the designated date of submittal, as established by ordinance or resolution, may be subject to legal action by the city and possible forfeiture of the user's wastewater permit.
(Ord. 454 § 3, 1991)
A. 
Every person whose premises in the city are served by a connection with the public sewer system whereby the sewage and/or nondomestic wastes are disposed of by the city through the regional sewage system shall be subject to charges established by resolution of the city council.
B. 
The charges shall be applicable only on premises to which a public sewer system main has been connected to as specified in Section 13.17.050.
C. 
The charges shall be collected with the charges and rates for water services furnished by the city to such premises. Such charges shall be billed and become due and payable at the time of receipt of charges for the services. Should the charges be billed at the same time as water services, the total amount due for the charges fixed as provided in this chapter and for charges for water shall be paid as a unit.
D. 
The city council may, from time to time in its discretion by resolution, alter, change, amend or revise the charges and rates for services and facilities in connection with the community sewer system.
E. 
It is the duty of the finance department of the city to collect all charges provided for in this chapter.
F. 
The city council shall have the right to require any person liable to pay any public sewer system rental charge to make a reasonable deposit with the finance department to insure the collection of such charges.
G. 
In the event any person fails to pay any public sewer system charge and applicable surcharge when the same becomes due, the city may, in addition to any other remedies it has, cut off any of the services and facilities provided for in this chapter and shall not resume the same until all delinquent charges, together with any charges necessitated by the resumption of such services and facilities, have been fully paid.
(Ord. 454 § 3, 1991)
A. 
General provisions for the installation policy are as follows:
1. 
A sewer service connection fee shall be collected for each lot or parcel of land proposed to be connected to the sewer.
2. 
The sewer service connection fee shall be collected for the entire lot or parcel of land proposed to be connected to the sewer.
3. 
The city, at its option, may allow developments outside of the city to connect to the community sewer system as specified in Chapter 13.16.
B. 
Policies for extension of the sewer are as follows:
1. 
An applicant requesting service for a subdivision, commercial, or industrial development shall make application to the city engineer. The application shall include:
a. 
The name and address of the applicant;
b. 
A legal description and location of the property; and
c. 
Two copies of the tentative tract map, plot plan or parcel map, including zoning.
2. 
Policies for off-site work are as follows:
a. 
The applicant's responsibilities shall generally include engineering, construction and testing of the pipelines, appurtenances, and services in accordance with the Green Book Standard Plans and Specifications and subject to the city engineer's review and approval. Complete engineering shall be by a registered civil engineer and shall include the submission of a full set of detailed improvement plans of a scale acceptable to the engineer, along with appropriate plan check and inspection fees. After all changes, modifications, and additions requested by the city engineer have been made on the plans and they have been approved, the applicant shall furnish the city engineer with a complete set of reproducible mylar transparencies of the plans which shall become the property of the city. The applicant shall have the required sewer installation performed by a contractor licensed by the state to perform this type of work.
b. 
The director shall inspect all public facilities installed by the applicant's contractor to insure compliance with the plans and specifications. The city reserves the right to require the contractor to televise the mains to determine acceptability at the developer's expense. Any changes in installation shall have prior approval of the city engineer and the applicant shall furnish the city engineer a complete set of as-built plans at the completion and acceptance of the installation.
3. 
A reimbursement agreement may be executed by the city whereby the city agrees to reimburse to the applicant any frontage or capital facilities fees collected for that portion of the sewer mains covered by the agreement up to the eligible amount of the reimbursement. All rights to reimbursement shall cease fifteen years after the date of the reimbursement agreement whether fully paid for or not. Amounts covered by the reimbursement agreement shall bear no interest.
a. 
The agreement shall specify the facilities eligible for credit or reimbursement and the value thereof. These facilities shall exclude any special facilities and house connection sewers of sole benefit to the developer's property.
b. 
The agreement shall specify the sewer frontage for which the developer shall be entitled to recover costs through a reimbursement agreement. The agreement may make this specification by reference to a map attached thereto showing such sewer frontage.
c. 
The costs determined as eligible for credit or reimbursement shall be applied as a credit against the sewer service connection fee for the property of the developer served by the installation.
d. 
Refunds or reimbursements to be made under a reimbursement agreement shall be mailed to the address of the developer shown on the agreement unless written notice of change of address has been received by the city; and
e. 
Rights to refunds or reimbursements due under a reimbursement agreement may be assigned after written notice to the city by the holder of such rights as shown by the records of the city. Such assignment shall apply only to such refunds or reimbursements becoming payable more than thirty days after receipt by the city of written notice of assignment.
f. 
The city shall not be required to make any reimbursement payment to more than a single developer or assignee.
4. 
The property owner shall be responsible for all house connection sewer construction and for all maintenance and repairs to house connection sewer.
5. 
The property owner shall be responsible for the maintenance and liability of that portion of the lateral, defined in Section 13.17.030, as the private sewer lateral and is therefore responsible for any damages caused by the neglect of regular maintenance of the private sewer lateral.
(Ord. 454 § 3, 1991)
A. 
No person shall circumvent or obviate the intent or purpose of this chapter by discharging, or causing to be discharged, into any storm drain, channel, natural water-source, or public street, any material or waste prohibited or restricted as to its discharge into a public sewer system.
B. 
Any person violating any of the provisions of this chapter shall be guilty of an infraction and subject to the provisions of Title 1, Section 1.01.110 of this code.
C. 
Any fines or charges imposed by a regulatory agency as a result of a violation of the provisions of this chapter by a person shall be an additional sewer charge to that person.
(Ord. 454 § 3, 1991)
A. 
All information and data obtained on a discharger from reports, letters, questionnaires, permit applications, permits, monitorings and inspections shall be available to the public or other government agency without restriction.
1. 
All requests for public access to any city wastewater file must be in writing;
2. 
The written request must include: the date of the review, the name and title of the person or persons who will be reviewing the file, the name and mailing address of the business or government agency that they work for, their business telephone number, and what files they want to review;
3. 
The city may require an observer to be present while any file is being reviewed;
4. 
The city shall not make any copies of any of the information or data in the files unless it is requested in writing for another government agency;
5. 
A copy of the written request to review a file or files may be sent by the city to those dischargers reviewed.
B. 
A discharger's request for confidentiality of information or data shall be as follows:
1. 
The request must be in writing and submitted to the director by the designated wastewater representative of the discharger;
2. 
Sufficient justification must be presented to the director to demonstrate, to the satisfaction of the engineer, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets;
3. 
Information accepted by the director as confidential, shall not be transmitted to any governmental agency or to the general public by the city until and unless written notification is given to the use; and
4. 
Under no circumstances, shall a discharger's wastewater constituents, concentrations and flow characteristics be considered as confidential information.
(Ord. 454 § 3, 1991)
A. 
The sewer discharge from a public sewering agency to the city must be approved by all involved agencies by written agreement.
B. 
The public sewering agency desiring a sewer connection to the city, or source agency, must submit to the city, a written request for an interagency connection point which shall include:
1. 
A plot map of the area to be served including the distance to the proposed connection point;
2. 
The current zoning and acreage of each of the zoned regions of the area;
3. 
The percentage of existing development in each zoned region;
4. 
The current average and peak flow and wastewater quality from the total proposed area; and
5. 
The projected maximum peak and average flows from the total area at build-out.
C. 
The city shall have the right to deny the request for any reason.
D. 
The contract agreement must be written by the source agency but reviewed and approved by the city and must include, but not be limited to the following:
1. 
A statement of agreement to construct, at no expense to the city, all sewer facilities necessary to convey the sewage from the source agency area to the city's public sewer system;
2. 
All construction plans must be approved by the city engineer and all construction done in the city, including a monitoring manhole at the connection point, must be inspected by the director and built to the city standards, also asbuilt plans must be submitted to the city upon completion of the work all at no cost to the city;
3. 
The source agency shall agree, at their own expense, to submit to the city no later than forty-five days from the date the connection point becomes active, a twenty-four-hour flow-weighted composite analysis on the effluent entering the city at the connection point for all the parameters and constituents, and shall agree to submit to the city, a similar analysis every six months starting from the submittal date of the first analysis;
4. 
The water laboratory used by the source agency for the monitoring and analysis work must be approved by the city on an annual basis, and a copy of all the intercity connection point monitorings must be sent to the city directly from the laboratory;
5. 
If the connection point is to be eliminated, the source agency shall be required to abandon the intercity connection to current city standards, on the source agency's side of the city's boundary line at no expense to the city;
6. 
The requesting agency shall collect all sewer fees as established by the city and transfer this money at least once per six months to the city;
7. 
The requesting agency shall be responsible to notify the city of any growth in this sewered area and agree to let the city enforce their pretreatment program in the source agency's sewered area, if necessary;
8. 
The city shall have the right to stop the sewer flow or eliminate the intercity connection point if any of the above criteria are violated, but must notify in writing, the source agency of the city's intent and establish a date and time the connection point may be abolished; and
9. 
The source agency shall be responsible for submitting an executed copy of the interagency agreement to the city;
10. 
All existing source agencies that are discharging to the city's public sewer system when the ordinance codified in this chapter becomes effective, shall be required to comply with all of the requirements of this section providing the requirements have not already been regulated in an executed agreement between the source agency and the city; all existing source agencies shall be given one year from the effective date of the ordinance codified in this chapter to comply with the additional requirements or the source agency may be subject to cancellation of their interagency connection.
(Ord. 454 § 3, 1991)