The purpose of this chapter is to set forth uniform requirements for direct and indirect discharges of pollutants into the wastewater collection and treatment system for the city of Waterford which will enable the city to comply with all applicable state and federal laws.
The intent of this chapter is:
A. 
To prevent the introduction of pollutants into the city sewage system, which potentially could interfere with the operation of the collection system, treatment processes, or contaminate the resulting sludge;
B. 
To prevent the introduction of pollutants into the city sewage system which will pass through said system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the sewage system;
C. 
To protect municipal personnel who may come into contact with sewage, sludge and effluent in the course of their employment as well as protecting the general public;
D. 
To improve the opportunity to recycle wastewater sludge from the system;
E. 
To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal sewage system;
F. 
To preserve the hydraulic capacity of the municipal sewage system;
G. 
To require users of the sewage system to comply with federal and state law; and
H. 
To establish and provide a mechanism for enforcing performance standards and requirements for the treatment system and private sewer laterals that connect or are connected to the city sanitary sewer collection system.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The city is regulated by various agencies of the United States Government and the state of California, pursuant to the provisions of federal and state law. Under 40 CFR 403.8(f)(1) and the Porter-Cologne Water Quality Control Act Chapter 5.5, the city is granted the authority to regulate and/or prohibit, by the adoption of an ordinance, and by issuance of discharge permits, the discharge of any waste, directly or indirectly, to the city sewer facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the city's sewer facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all users; and to take all actions necessary to enforce its authority, whether within or outside the city's boundaries, including those users that are tributary to the city or within areas for which the city has contracted to provide sewerage services.
The city has the authority pursuant to California Health and Safety Code Sections 5471 and 5474 to prescribe, revise, and collect all fees and charges for services and facilities furnished by the city either within or without its territorial limits.
(Ord. 2014-06 §1)
Unless the context specifically indicates otherwise, the following terms and phrases shall be defined herein. Words and phrases used in this chapter and not otherwise defined shall be interpreted, as defined in the Code of Federal Regulation, Standard Methods for the Analysis of Wastewater, or as established by state regulatory agencies.
The following terms shall have these meaning(s) in this chapter:
"Substantial industrial user"
shall mean any waste contributor identified in the Standard Industrial Classification (SIC) Manual in any of Divisions A, B, D, E, and I that:
a. 
Has a discharge flow of twenty-five thousand gallons or more per average workday or, if seasonal, the average shall be computed on the period of use; or
b. 
Has a flow or pollutant loading greater than five percent of the design capacity of the city's sewage system; or
c. 
Has in its wastes toxic pollutants in toxic amounts as defined in the standards issued under subsection (a) of Section 307 of the Federal Water Pollution Control Act Amendments of 1972, or amendments thereto; or
d. 
Is found by the city's authorized representatives to have significant impact, either singly or in combination with other contributing industries, on the treatment works or upon the quality of effluent from the treatment works.
"Person"
shall mean any individual, firm, company, partnership, association, or private, public, or municipal corporation's responsible corporate officer, the United States of America, the state, all districts and all political subdivisions, governmental agencies, and mandataries thereof, except the city.
"Lot"
or parcel of land shall mean a parcel of land consisting of one or more contiguous lots of record in one ownership to which service is provided for any purpose.
"User classification"
shall mean a classification of a user based on the Standard Industrial Classification (SIC) Manual. The classification of users as determined in this chapter shall be:
a. 
Substantial industrial user: as defined in subsection (1) of this section;
b. 
Industrial user: any user engaged in the business of processing or manufacturing agricultural products, animals, poultry, goods, wares, or other products or materials who processes or manufactures the same for the purposes of sale, resale, or redelivery in processed or manufactured form;
c. 
Residential user: domestic users, schools, churches, and those structures exclusively domiciliary in nature, including nursing homes, convalescent hospitals, homes, flats, apartments, and boardinghouses (but excluding transient rooms, hotels, motels, and all other quarters primarily offered to the transient trade); and
d. 
Commercial user: any user not defined as a residential or industrial user.
"Act"
means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC Section 1251, et seq.
"Biochemical oxygen demand" or "BOD"
means the quantity of oxygen expressed in parts per million by weight utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of twenty degrees Celsius as described in "Standard methods."
"Building"
means a structure built, erected, and framed of component structural parts designed for the housing, shelter, enclosure, or support of persons, animals, or property of any kind.
"Building permit"
means a permit issued by the building official of the city.
"Cease and desist order"
means an order by the director requiring immediate termination of an activity or situation which threatens to create or does create a significant safety hazard noncompliance with the provisions of this chapter, or noncompliance with state and/or federal law.
"CFR"
means the Code of Federal Regulations.
"City"
means the city of Waterford in the state of California.
"City manager"
means and includes the city manager of the city and authorized representatives.
"Cleanout"
means the cast iron or approved plastic riser fitted with an approved cleanout plug installed at the point where the building sewer connects to the public sewer.
"Compliance directive"
means an enforcement document which directs an industrial user to implement corrective or remedial measures.
"Compliance schedule"
means an enforcement document which directs a user to create or imposes upon a user, a time schedule for meeting any provision of the sewer ordinance.
"Correction notice"
means a notice to a user or users orally or in writing, to correct its noncompliance with the sewer ordinance.
"Director"
means the public works director of the city or such other persons as may be designated by the public works director to perform the services or make the determinations permitted or required in this chapter to be made by the public works director of the city.
"Domestic wastewater/sanitary sewage"
means the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special pretreatment, into the public sewer or into a private wastewater disposal system.
"Drainage system"
means and includes all the piping within public or private premises which conveys sewage or other liquid wastes to the public sewer, but does not include the public sewer.
"Effluent"
means the liquid outflow of any facilities designed to treat, convey, or retain wastewater.
"Environmental Protection Agency" or "EPA"
means the United States Environmental Protection Agency. Where appropriate, the term may also be used to designate the administrator or other duly authorized official of that agency.
"Food service establishment (FSE)"
means facilities defined in California Uniform Retail Food Facility Law (CURFFL) Health and Safety Code Section 113785, and any commercial or public entity within the boundaries of the city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in CURFFL. A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food. All FSEs are governed by Chapter 7.04 as well as the provisions of Chapter 7.12.
"Garbage"
means solid wastes from the preparation, cooking, and dispensing of foods, and from the handling, storage, and sale of produce.
"Grease"
means grease, oil, fat, or other ether-soluble matter, and includes each of the following two types:
a. 
Dispersed grease, which means grease which is not floatable grease;
b. 
Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats upon dilution of the liquid with water.
"Grease interceptor"
for the purposes of this chapter shall mean a grease trap device specifically approved by the city engineer and used either singly or in combination with an existing grease trap as determined necessary by the director of public works in order to achieve sufficient removal of sand, oils and greases or other objectionable waste.
"Grease trap"
means any suitable device designed to separate sand, oil and grease in order to prevent their discharge into the city sewer system.
"Industrial user"
means:
a. 
Any nongovernmental, nonresidential user of the sanitary sewer system which discharges more than the equivalent of twenty-five thousand gallons per day of sanitary sewage and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
i. 
Division A, agriculture, forestry, and fishing;
ii. 
Division B, mining;
iii. 
Division D, manufacturing;
iv. 
Division E, transportation, communications, electric, gas, and sanitary services;
v. 
Division I, services.
A user in the divisions listed may be excluded if it is determined that the user will introduce primarily segregated sanitary sewage from sanitary conveniences.
b. 
Any nongovernmental user of the sanitary sewer system which discharges wastewater into the system which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of the system, or to injure or interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the system.
c. 
Any source of indirect discharge into the sanitary sewer system which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act.
d. 
Any user of the sanitary sewer system that has been determined to require pretreatment including physical separation of wastes.
e. 
Any user who discharges or causes a discharge of industrial wastewater directly or indirectly to the city sewage system which requires a permit under the provisions of this chapter.
"Industrial wastewater/industrial waste"
means all water-carried wastes and wastewater of the community, excluding domestic wastewater, and including all wastewater from any commercial or industrial production, manufacturing, processing, agricultural or other operation. These may also include wastes of human origin similar to domestic wastewater.
"Industrial wastewater discharge"
means liquid and/or solids contained within a liquid, other than sanitary sewage, and discharged into the sewage system by an industrial user.
"Inspector"
means a person authorized by the director to inspect any development discharging or anticipating discharge to the wastewater collection system and/or the POTW.
"Land development approval"
means any pre-zoning, zoning, or rezoning, or any discretionary permit, which for purposes of this chapter shall be limited to site development permits, exceptions, conditional use permits, and approvals of tentative subdivision maps.
"National pollution discharge elimination system permit" or "NPDES permit"
means a permit issued to the city for the sanitary sewer system by the approval authority pursuant to the Act.
"Notice of violation"
means a notice issued by the director or inspector to the industrial user, hand delivered or mailed, informing the industrial user that a violation has occurred.
"Nuisance"
means anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or sewer collection system or POTW or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
"Owner"
means the owner of any premises.
"Permit"
means either a sewer connection permit or a wastewater discharge permit.
"Permittee"
means the person, firm, or organization to whom a sewer connection permit or a wastewater discharge permit or both have been issued.
"Person"
means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, their legal representatives, agents, or assigns.
"pH"
means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
"Premises"
means a separate lot or parcel of land, improved or unimproved, which is connected directly or indirectly to the sanitary sewer system or any portion thereof, or from which any sewage is discharged or conducted, directly or indirectly, into the system.
"Pretreatment"
means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer system. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or by other means, except as hereinafter prohibited. "Pretreatment," except where expressly authorized to do so by an express standard in this chapter, shall never include an increase in the use of process water, other non-waste waters, or in any other way attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the provisions of this chapter or any order issued pursuant to the authority herein contained.
"Private sewage disposal system"
means a septic tank with the effluent discharging into a subsurface disposal field, into one or more seepage pits, or into a combination of subsurface disposal field and seepage pit or of such other facilities as may be permitted under the Uniform Plumbing Code.
"Private sewer"
means a building sewer which receives the discharge from more than one building drain and conveys it to a public sewer.
"Public owned treatment works (POTW)"
means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to the facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewater from persons outside the city, who are, by contract or agreement users of the city treatment plant.
"Radioactive material"
means any material containing chemical elements which spontaneously change their atomic structure with the emission of atomic energy.
"Sanitary sewage"
means water-carried wastes from residences, business buildings, institutions, and industrial establishments, excluding industrial waste and also excluding ground, surface, and storm waters.
"Sewage"
means and includes sanitary sewage or industrial waste or both.
"Sewage system"
shall mean the city's facilities for the collection, storage, treatment, and disposal of industrial wastes or domestic wastes, or both, and shall include monitoring, sampling, metering, and other devices and appurtenances.
"Sewer"
means a pipe or conduit for carrying sewage.
"Sewer lateral"
shall mean a sewer line eight inches or smaller in diameter which discharges into a sewer main and/or receives sewage from a sewer connection.
"Sewer main"
shall mean a sewer line ten inches or larger in diameter receiving sewage from one or more sewer laterals or sewer connections.
"Sewer connection charge"
means a fee or charge levied on users of the sanitary sewer system at the time of their connection to the system for the privilege of connecting to the system.
"Sewer service"
shall mean the discharge or authority to discharge into the sewage system.
"Sewer service charge"
means a fee or charge levied on users of the sanitary sewer system for the user's proportionate share of the cost of operation and maintenance (including replacement) of the system.
"Standard methods"
means the examination and analytical procedures for industrial waste set forth in the most recent edition of "Standard Methods for the Examination of Water, Sewage, and Industrial Wastes," published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. All analytical measurements made pursuant to this chapter shall be in conformity with "Standard Methods" or EPA-recommended procedures and shall be performed by a laboratory certified by the California Department of Health Services.
"Storm drainage system"
means all conduits, pumping plants, collection facilities and other appurtenances owned and operated by the city for carrying, collecting, pumping and disposing of storm water, surface water, ground water, roof runoff or other unpolluted water.
"Storm water"
means water to which no pollutant has been added, either intentionally or accidentally, other than street wash, surface water, rainwater runoff, or drainage, but excludes sewage. One pass cooling water may be considered as storm water.
"Suspended solids"
means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids and which are removable by laboratory filtering.
"System"
means the sanitary sewer system.
"Unpolluted water"
means water to which no pollutant has been added, either intentionally or accidentally, which would render such water unacceptable to the city for disposal to storm or natural drainages or directly to surface waters.
"User"
means any person responsible for payment of sewer service charges for premises or any person who discharges, causes or allows the discharge of wastewater directly or indirectly to the sewage system. This includes residential, commercial, and industrial users as defined herein.
"Waste"
means and includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.
"Wastewater"
means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the city's facilities.
"Wastewater constituents and characteristics"
means the individual chemical, physical, bacteriological, radiological, and other parameters which serve to define, classify, or measure the content, quality, quantity, and strength of wastewater.
"Wastewater discharge permit"
means a permit issued to an industrial user, or any person discharging to the sewage system that the director determines needs a permit, to regulate its discharge of toxic, organic, or hydraulic loading to the wastewater collection, conveyance, and treatment system as required by this code.
"Wastewater treatment plant"
means any arrangement of devices and structures for treating sanitary sewage and industrial waste.
(Ord. 2014-06 §1)
When mains and laterals are in place or within a reasonable distance from a particular parcel, as determined by the director, the city may furnish sewer service from such a line to the property upon the payment of the appropriate charges and costs.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
No owner or occupant of any premises within the city on which sewage is produced and on which premises the nearest building outlet of the plumbing system is located within a two hundred-foot radius of an existing sewer main to which a connection can be made shall use any means of sewage disposal other than through the sewer system. The owner of any premises so located and upon or in which any sewage is produced shall be required upon official notice from the city, to connect said premises to the sewer system within sixty days from the date when a main sewer located within the distance specified above is completed and available for connection to said premises. There shall be a separate connection to the sewer system for each building or structure served, except that pursuant to written permission from the director of public works any two or more buildings or structures on the same lot may be served by one sewer connection. Pursuant to Government Code Section 54352 the council hereby declares that further maintenance or use of septic systems or other local means of sewage disposal on any premises so located shall constitute a public nuisance and may invoke any legal means to abate same.
B. 
Notwithstanding the foregoing, no owner or occupant shall be required to connect premises to the sewer system as long as the premises are currently being served by a functioning septic system which, in the opinion of the director of public works, adequately serves the premises. In such cases, the director of public works may approve upon request of the applicable owner the deferral of the connection until such time as it is determined that the septic system no longer adequately serves the premises or cannot serve the premises without major repairs. Remodeling of existing premises served by a septic system may be allowed if no septic system improvements are required to serve such modifications.
C. 
Septic Tank Failure or Rendered Unserviceable. Any septic tank which shall become unserviceable from any cause shall be abandoned and the premises previously served by such septic tank shall, wherever sewers are available as outlined in this section, be connected with and drained into a public sewer within ten days from the time such septic tank becomes unserviceable. The property owner shall at his or her sole risk and expense remove from service and render harmless any and all septic tanks, cisterns, vessels, or similar underground vaults in accordance with city of Waterford and Stanislaus County regulations, the Uniform Plumbing Code and any state law, within thirty days following the date the dwelling is connected to the city sanitary sewer facilities. City verification and approval is required for all abandoned facilities outlined above.
D. 
Deferred Installment Agreements (Hardship). For customers who demonstrate a hardship in paying permit connection fees, a deferred installment agreement may be executed. The applicant must provide a notarized signature on the agreement and return it to the city for processing. The agreement will be forwarded to the city clerk, who will have the city manager sign and forward it to the county recorder's office for recordation. When all fees have been paid, as stated in the deferred installment agreement, a "Release of Deferred Improvement Agreement" will be generated releasing any further obligations to the city.
(Ord. 95-11 §1, 1995; Ord. 2014-06 §1)
Lines, laterals and appurtenants on private property shall belong to the property owner. All lines and appurtenant facilities constructed in or under streets, easements, or alleys shall become the property of the city upon the completion of the installation and upon the final inspection and approval of the lines by the city engineer.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
When a main line is to be constructed across private property to serve more than one lot, an easement shall be granted to the city, and the easement line, size, and installation shall be approved by the city engineer. The owner of such lots shall be responsible for obtaining and paying for sewer service when service is to more than one lot or to more than one structure on one lot or more.
When a lateral is to be constructed across private property to serve another lot, an easement must first be conveyed from one property owner to the other. The easement line, size and installation shall be approved by the city.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Where premises are connected to the city sanitary sewer mains, it is the responsibility of the property owner, at the owner's expense, to maintain the sewer service lateral from the premises to the city owned and operated main line. Such maintenance shall include the removal of tree roots and other blockages. The property owner is also responsible for repairs of the lateral line within the property boundaries. The city will repair damaged and deteriorated lateral lines in the city right-of-way at city expense, unless such damage was caused by the property owner.
If the property owner believes that there is a lateral structural problem in the city right-of-way, the property owner shall have the lateral televised and provide a copy to the public works department. If there is a structural problem in the right-of-way and is not the result of negligence by the property owner, the city will make the repair at no cost to the property owner.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
One city sewer connection shall be provided to each occupied lot under separate ownership and to the premises of each project, unless otherwise approved by the city engineer. All on-site lines shall be constructed to city standards.
B. 
When separate buildings are constructed on a lot or parcel which can be sold as a separate lot or parcel, a sewer connection shall be provided for each lot capable of being sold separately.
C. 
For each project, individual shutoff valves, gate valves, and necessary onsite lines under private ownership shall be provided.
D. 
The building official shall test and inspect the mains and laterals for the general collection system within a project.
E. 
When separate buildings are constructed or trailers or mobile homes are lawfully placed on property which cannot be sold as a separate first or parcel, no hook up to the sewer connection shall be made without a conditional use permit.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Before sewer service will be provided to territory outside the city, the city shall require pave-outs, curbs, gutters, and provisions for storm drainage facilities, or security and an agreement therefor, and shall require an agreement with the property owner and lessee which may provide the basis on which such service will be provided or on which mains and laterals will be constructed and financed.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The provisions of this chapter shall not prohibit the city from entering into contracts with a business, industry, or governmental agency to supply sewer service and all things pertaining to sewer service.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
No person shall discharge a quantity or quality of wastewater directly or indirectly to sewer facilities owned by or tributary to the city's sewage system which causes, or is capable of causing, either alone or by interaction with other substances:
1. 
A fire or explosion;
2. 
Obstruction to the flow in the sewage system resulting in interference or damage to the sewerage facilities;
3. 
Danger to life or safety of any person;
4. 
Impairment of the effective maintenance or operation of the sewerage system;
5. 
The release of toxic or malodorous gas-producing substances; including any material identified as hazardous according to 40 CFR Part 261 except as may be specifically authorized by the director;
6. 
Interference with the wastewater treatment process;
7. 
The city's effluent or any other product of the treatment process, residues, sludges, or scums to be unsuitable for reclamation, reuse, or disposal;
8. 
Discoloration, pass through, or any other condition which affects the quality of the city's treatment works effluent in such a manner that receiving water quality requirements established by regulatory agencies cannot be met;
9. 
Conditions which violate any statute, rule, regulation, or ordinance of any public agency or regulatory agency having jurisdiction over the discharge of wastewater through the sanitary sewage system;
10. 
Contamination of the collection system, soil, or groundwater by osmosis, chemical action, leakage, or any other means of conveyance from the sewage system.
B. 
No person shall discharge wastewater or any substance delivered by vehicular transport, rail car, or dedicated pipeline directly or indirectly to the city's sewerage facilities that is defined as a hazardous waste by the control authority.
C. 
No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or indirectly to a publicly owned sewer without written permission from the city.
D. 
No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution or change would cause the city to violate its NPDES permit.
E. 
Cease and Desist Orders—Emergency Orders.
1. 
The director may issue a cease and desist order to any premises found to be in violation of the provisions of this chapter or applicable state and federal regulations. The director may include a time schedule for compliance with any cease and desist order. The director may issue a cease and desist order in the event of a threatened violation.
2. 
The director may order the abatement of any discharge or any waste associated with human habitation, or of human or animal origin from any source when it is determined that the discharge causes or threatens to cause a condition which is immediately detrimental to the public health, safety, or welfare. Any such situation shall be abated by service of a notice upon the person responsible for the discharge or the owner of the premises and if not abated within twenty-four hours after serving the notice the city may perform such work or cause to be performed such work as shall be necessary to obtain proper abatement.
3. 
It is unlawful for any person to fail to obey or correct such conditions within twenty-four hours after being ordered to do so. Any cost incidental to such work shall be an assessment upon the premises affected and shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
No person shall discharge, or cause or permit to be discharged, directly or indirectly into the sewage system:
A. 
Stormwater, ground water, rainwater, street drainage, subsurface drainage, yard drainage, or pool or pond water;
B. 
Any holding tank waste, unless such discharges are made into a city-approved facility designed to receive such wastes;
C. 
Radioactive waters;
D. 
Waste containing in excess of:
1. 
0.1 mg/1 arsenic,
2. 
0.2 mg/1 cadmium,
3. 
0.2 mg/1 copper,
4. 
1.0 mg/1 cyanide,
5. 
1.0 mg/1 lead,
6. 
0.01 mg/1 mercury,
7. 
1.0 mg/1 nickel,
8. 
0.2 mg/1 silver,
9. 
0.5 mg/1 total chromium, or
10. 
3.0 mg/1 zinc;
E. 
Waste having a temperature higher than one hundred degrees Fahrenheit (sixty-five and one-half degrees Centigrade);
F. 
Waste containing any material or waste which cannot pass through a mesh screen having a minimum of thirty openings per square inch; and
G. 
Without prior authorization from the city:
1. 
Waste containing more than three hundred milligrams per liter of oil or grease of animal or vegetable origin,
2. 
Waste containing more than one hundred milligrams per liter of oil or grease of mineral or petroleum origin,
3. 
Waste having a pH lower than five and five-tenths or higher than eight and five-tenths (unless authorized by a permit issued pursuant to the provisions of this chapter),
4. 
Waste containing in excess of two hundredths milligram per liter total identifiable chlorinated hydrocarbons which cannot be removed by the city's usual waste treatment processes, and
5. 
Waste containing in excess of one milligram per liter phenolic compounds which cannot be removed by the city's wastewater treatment process.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
No person shall discharge or throw any substance or material into a manhole or into other openings in the city sewage system other than through an approved sewer connection.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
No person shall construct, repair, rehabilitate, or replace a septic tank where the lot is within a two hundred-foot radius of an existing sewer main to which a connection can be made, unless unusual circumstances exist and until a permit is obtained from the city.
Septic Tank Sludge or Effluent. No person shall discharge, or cause, allow, or permit to be discharged into the sanitary sewer system or any part thereof, any septic tank sludge or effluent.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
No person shall make a connection with the sewage system without first obtaining a permit from the city and maintain the premises on which such a connection has been made. In no case shall a person hook up to a connection with the sewage system for a separate building, trailer or mobile home without first obtaining a conditional use permit.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
No person shall supply city sewer service to any premises without city authorization. The city shall have the right, upon five days' written notice, to disconnect water and sewer service to the premises supplying the unauthorized service.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
No person shall discharge, or cause or permit to be discharged, directly into the sewage system water from cooling towers, evaporative coolers, or air-conditioning units. The provisions of this section shall not apply to facilities installed and in use on June 1, 1976; provided, however, such facilities shall not be changed, repaired, or modified if the cost exceeds twenty-five percent of the replacement value, and such facilities shall not be expanded or extended.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
Sewer service may be refused, discontinued, or terminated to any premises upon written notice to the user and to the owner, if different, for any violation of the provisions of this chapter or applicable state and federal regulations. If any such violation creates an imminent danger to the public health or safety, or to public or private property, then the city manager may act immediately to refuse, discontinue, or terminate sewer service after notice thereof.
B. 
Notice of refusal, discontinuance, or termination of sewer service shall be in writing and shall set forth the reasons for the refusal, discontinuance, or termination of service. Such notice shall be sent to the user and to the owner of the premises, if different, by certified mail, return receipt requested, to the address shown on the bill for sewer service or as known to the director.
(Ord. 2014-06 §1)
All on-site and off-site sewer lines, connections, plumbing, and appurtenant sewer facilities, and the construction and installation thereof, shall be constructed or installed at the consumer's expense and shall be to city standards and approved by the city prior to providing sewer service.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
When charges and fees are based upon water usage, the total amount of water used from all sources will be used to determine the charges and fees unless, in the opinion of the city, significant portions of water received are not discharged into the sewage system. The total amount of water used from public and private sources will be determined by means of a meter. The city may require the user install a sewer meter of a type and at a location approved by the city to measure the amount of sewage discharged if the city believes the user is discharging sewage in excess of the amounts indicated by the water meter.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The city engineer shall be responsible for the location, size, and design approval of sewer lines and appurtenances, and the building official and/or wastewater treatment plan supervisors shall supervise and inspect the construction and installation thereof.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The owner of property, at the option of the city, shall construct or pay the cost of constructing sewer lines and appurtenances to serve his or her property, regardless of sewer line size. The owner of property, at the option of the city, shall also construct or pay the cost of constructing sanitary sewer lines and appurtenances to connect or tie in with the existing or proposed sanitary sewer lines of the city system adjacent to his or her property, regardless of distances or sanitary sewer line size.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Any person who connects to a sewer line or develops property shall pay a charge for existing sewer lines which will serve the property at the time the building permits are obtained. The charge shall be established by resolution and shall be adjusted from time to time to reflect current construction costs.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Sewer assessment fees shall be placed in the wastewater treatment capitol fund and shall be used solely to construct, or to reimburse the city for constructing, sanitary sewer lines and appurtenances, or to reimburse developers for constructing sanitary sewer lines and appurtenances, or for other sanitary sewer purposes established by ordinance.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The amount paid to a developer or property owner for reimbursements for the construction of new sanitary sewer lines and appurtenances shall be established by written agreement. A developer or property owner shall be reimbursed the actual amount received by the city, which shall be determined in a manner consistent with the written agreement provided for herein.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The city shall reimburse a proportionate share of the cost of the construction of regular and oversized sanitary sewer lines constructed around the perimeter of a development and for sewer lines extended to a development, at the time of collection, from charges collected from the owners of the land adjacent to such lines who connect to such lines within ten years after the date of the acceptance of such lines by the city.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The city shall reimburse the developer a proportionate share of the cost of the lines constructed in front of or adjacent to city property, except city water well sites, at the contract rate and within the ten-year period.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
When a lift station is required by the city to serve a property or development, the property owner, at the option of the city, shall pay the cost or construct, install, make site improvements, and provide the land necessary for such lift station.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
For the purposes of this chapter, "oversized" lines shall mean all sanitary sewer lines in excess of eight inches in diameter.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Major extensions of oversized lines shall have prior council approval. The council may approve major extensions with reimbursement or without reimbursement and may enter into a written agreement with the developer and owner concerning major extensions.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
All substantial industrial users proposing to connect to or to discharge into a public sewer shall obtain a wastewater discharge permit from the city before connecting to or discharging into said public sewer. In addition, all FSEs shall comply in all respects with the provisions of Chapter 7.12. All existing substantial industrial users connected to or discharging into a public sewer shall obtain a wastewater discharge permit within ninety days after the effective date of the ordinance codified in this chapter.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Owners seeking a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:
A. 
Name, address, and standard industrial classification number of applicant;
B. 
Volume of wastewater to be discharged;
C. 
Wastewater constituents and characteristics including but not limited to those mentioned in Section 7.04.100;
D. 
Time and duration of discharge;
E. 
Average and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;
F. 
Site plans, floor plans, mechanical, and plumbing plans and details to show all sewers and appur-tenances by size, location, and elevation;
G. 
Description of activities, facilities, and plant process on the premises including all materials, processes, and types of materials which are, or could be, discharged;
H. 
Each product produced by type, amount, and rate of production;
I. 
Number and type of employees, and hours of work;
J. 
Any other information as may be deemed by the city engineer to be necessary to evaluate the permit application. The city engineer will evaluate the data furnished by the applicant and may require additional information. After evaluation and approval of the application by the city engineer, the city engineer may issue a wastewater discharge permit subject to terms and conditions provided herein.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Permits may contain, but not be limited to, the following:
A. 
The average and maximum wastewater constituents and characteristics;
B. 
Limits on rate and time of discharge or requirements for flow regulation and equalization;
C. 
Requirements for installation of inspection, flow metering, and sampling facilities;
D. 
Pretreatment requirements;
E. 
Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types, and standards for tests, and reporting schedule;
F. 
Requirements for submission of technical reports or discharge reports;
G. 
Requirements for maintaining plant records relating to wastewater discharge as specified by the city, and affording the city access thereto;
H. 
Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined by Section 7.04.100) are proposed or present in the owner's wastewater discharge;
I. 
Compliance schedules;
J. 
Other conditions as deemed appropriate by the city engineer to insure compliance with this chapter.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Permits shall be issued for a specified time period, not to exceed five years. If the owner is not notified by the city thirty days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the city during the life of the permit as limitations or requirements are modified and changed. The owner shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a time schedule for compliance.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
Wastewater discharge permits are issued to a specific owner for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, different premises, or a new or changed operation.
B. 
A situation of new owner, different premises, or new or changed operation will require the owner to apply for a new wastewater discharge permit.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
A wastewater discharge permit may be suspended or revoked upon written notice to the permittee for any violation of the terms and conditions of the permit, the provisions of this chapter, or applicable state and federal regulations, or for any of the following:
1. 
Failure of the permittee to factually report the wastewater constituents and characteristics of the permittee's discharge;
2. 
Failure of the permittee to report significant changes in operations or wastewater constituents and characteristics;
3. 
Failure of the permittee to correct objectionable conditions listed in a cease and desist order within the time stipulated in such order;
4. 
Refusal by the permittee to permit reasonable access to the permittee's premises for the purpose of inspecting or monitoring, or verification of records; or
5. 
Failure or refusal by the permittee to pay sewer service charges or other charges when due.
B. 
Any permittee whose wastewater discharge permit has been suspended or revoked shall, immediately upon receipt of notice thereof, discontinue the deposit or discharge of industrial waste, sanitary sewage, or effluent into the sanitary sewer system until his or her permit has been reinstated or a new permit has been issued.
C. 
Notice of suspension or revocation of a wastewater discharge permit shall be in writing and set forth the reasons for the suspension or revocation. Such notice shall be sent to the permittee by certified mail, return receipt requested, to the address shown on the permit or as known to the director.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The city reserves the right to deny a permit to owners discharging or planning to discharge pollutants into a public sewer which may harm the wastewater collection and treatment system or may cause a nuisance. Denial of permit does not allow said owner to discharge without a permit.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
The city may require the owner to construct, at his or her own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the owner's expense. The monitoring facility shall be situated on the owner's premises unless exemption from this requirement is granted by the city.
B. 
The monitoring facility shall include accommodations to allow access by city personnel, such as a cover secured with a city lock. There shall be ample room in or near such monitoring facilities to allow accurate sampling, flow measuring, and compositing of samples for analysis. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the owner.
C. 
The sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable construction standards and specifications. Construction shall be completed within ninety days following written notification by the city, unless a time extension is otherwise granted by the city.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The city may inspect the facilities of any owner to ascertain whether the provisions of this chapter are being met and all requirements are being complied with. The owner shall allow the city or their agents ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling in the performance of any of their duties. The city shall have the right to set up on the owner's property such devices as are necessary to conduct sampling or metering operations. Where the owner has security measures in force which would require proper identification and clearance before entry into their premises, the owner shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city will be permitted to enter without delay for the purposes of performing their specific responsibilities.
In order for the city to determine the wastewater characteristics of the discharger for purposes of determining compliance with permit requirements, the user is required to make available for inspection and copying by the city all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those required in 40 CFR Chapter I, Subchapter N, without restriction but subject to the confidentiality provision set forth herein. All records are to be kept a minimum of three years. All samples shall be taken, preserved, and analyzed in accordance with the procedures presented in the Code of Federal Regulations, Title 40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants) or the most recent accepted edition of Standard Methods for the Analysis of Wastewater. Unless approved otherwise by the city, all analyses shall be performed by a laboratory(ies) certified by the state to perform analysis for the specific pollutant in wastewater.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
The director may require any person discharging wastewater into the sanitary sewer system to file periodic discharge reports. The discharge report may include, but need not be limited to, nature of process, volume, rates of flow, mass emission rate, hours of operation, number of employees, or other information relating to the generation of waste, including the wastewater constituents and characteristics of the wastewater discharges. Such reports may also include the chemical constituents and quantity of chemicals stored on-site, even though they may not normally be discharged. In addition to discharge reports, the director may require information in the form of wastewater discharge permit applications and self-monitoring reports.
Industrial sewer service rates, fees and charges shall be set by resolution of the city council and may be adjusted to compensate the city for the effect the discharge may have on the system. Such factors as biological oxygen demand (BOD) and suspended solids (SS) may be used.
(Ord. 2014-06 §1)
It is unlawful for any person to knowingly make any false statement, representation, record, report, plant, or other document or to knowingly tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this chapter or of any wastewater discharge permit issued hereunder. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any wastewater discharge permit issued hereunder.
(Ord. 2014-06 §1)
Owners shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat wastewater to meet the requirements of this chapter shall be provided and maintained at the owner's expense. Detailed plans showing the pretreatment facilities and operating and maintenance procedures shall be submitted to the city for review, and must be acceptable to the city, before construction of the facility. The review of such plans and operation and maintenance procedures will in no way relieve the user from the responsibility of modifying the facility, as necessary, to produce and effluent acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
Each owner shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Such facilities shall be provided and maintained at the owner's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be acceptable to the city before construction of the facility.
B. 
The review of such plans and operating procedures will in no way relieve the owner from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this section.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Owners shall immediately notify the city upon accidentally discharging wastes in violation of this chapter to enable countermeasures to be taken by the city to minimize damage to the public sewer, treatment facility, treatment processes, and the receiving waters. This notification shall be followed, within fifteen days of the date of occurrence, by the submission to the city of a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve owners of liability for any expense, loss, or damage to the public sewer, treatment plant, or treatment process, or for any fines imposed on the city on account thereof.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
To inform the employees of the owner of the city's requirements, owners shall make available to their employees copies of this chapter and together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the owner's bulletin board advising employees; whom to call in case of an accidental discharge in violation of this chapter.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
A. 
All information and data obtained from reports, questionnaires, permit application, permits and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the owner specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods which would be detrimental to the owner's competitive position.
B. 
When requested, and if agreed to by the city, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report, shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the owner furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public until and unless prior and adequate notification is given to the owner.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
Special agreements and arrangements between the city and any owner may be established when in the opinion of the city unusual or extraordinary circumstances compel special terms and conditions.
(Ord. 93-09 §2, 1993; Ord. 2014-06 §1)
When the city finds any user to be in or threatening violation of any provision of this chapter; the city may require that user to submit for approval, with such modifications as the city deems necessary, a detailed time schedule of specific corrective actions to be taken to comply with this chapter. The user shall abide by and implement the adopted schedule.
The schedule shall contain milestones in the form of dates for the commencement and completion of major events leading to compliance. The user shall submit a progress report to the city no later than fourteen days following the completion of each milestone set forth in the schedule. All compliance schedule progress reports must be signed by an authorized representative of the user.
Compliance schedules may also contain such other and additional requirements as might be reasonable necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the director may continue to require such additional self-monitoring for at least ninety days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control.
(Ord. 2014-06 §1)
The director may issue a cease and desist order to any user who shows significant noncompliance or creates situations in which a discharge may pose a threat to the safety of the operation of the publicly owned treatment works or the collection system. The order shall require immediate correction of the situation or may impose additional requirements. The order shall be enforceable in court.
(Ord. 2014-06 §1)
The city, by order of the director, may physically terminate sewage service to any property as a term of any order of suspension or revocation of a permit. All costs for physical termination shall be paid by the permittee as well as all costs for reinstating service. Each charge levied by or pursuant to this chapter or any resolution adopted pursuant to this chapter is hereby made a lien upon the premises for which the charge was made, and any steps authorized by law may be taken by the city to enforce the payment of such lien.
(Ord. 2014-06 §1)
The city may, by order of the director, suspend sewage service or waste hauler discharge service when such suspension is necessary, in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment of the health, safety, and welfare of persons, or to the environment, or may cause interference with the city's sewerage facilities, or may cause the city to violate any state or, federal law or regulation. An emergency suspension order is final and not appealable.
(Ord. 2014-06 §1)
Notwithstanding any other provision of this chapter, and in addition to and as an alternative to any other procedure prescribed herein, whenever a discharger of wastewater is in violation of or may potentially violate the provisions of this chapter, the discharger's permit conditions, or any federal pretreatment standard or requirement for dischargers, or fails to submit required reports or refuses to allow the city entry to inspect the premises, the city may petition the Superior Court for the issuance of an injunction to restrain the continued violation or to prevent violations by the discharger and to seek such other or additional remedies and civil penalties as may be authorized by law.
(Ord. 2014-06 §1)
In the event of a violation of any of the provisions of this chapter, or any rule or regulation established under this chapter, or failure to pay utility bill, or any condition of any permit issued pursuant to this chapter by the director, the director shall notify in writing the person causing, allowing or permitting such violation, specify the violation and if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the director shall have authority to disconnect, or will disconnect, the user from the water system and/or the sewage system service; provided, that such time shall not be less than three days after the mailing of notice in writing to the user so in violation. The director may disconnect any user from the sewage system and/or water system who continues such violation after the time stated in the notice. Nothing in this section will prevent the director from discontinuing any user in case of emergency.
(Ord. 2014-06 §1)
Discharge of waste in violation of this chapter or of any order issued by the director is declared a public nuisance, including, but not limited to, the process and remedies set forth herein as well as those set forth in the municipal code including Chapters 8.12 and 15.42, and shall be corrected or abated as directed by the director.
(Ord. 2014-06 §1)
When a discharge of waste causes an obstruction, damage, or any other impairment to city facilities, the city may assess a charge against the user, property owner, or person violating this chapter, for the work required to clean or repair the facility and add such charge to the user's sewer service charge.
(Ord. 2014-06 §1)
Any person who shall occupy any premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this chapter in the same manner as the owner.
(Ord. 2014-06 §1)
The city may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this chapter is being satisfied and the user is complying with all requirements. The city shall have the right to set up on the user's property or any other locations as determined by the city, such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force, the user shall make necessary arrangements so that personnel from the city will be permitted to enter without delay for the purpose of performing their specific responsibilities.
In order for the city to determine the wastewater characteristics of the discharger for purposes of determining compliance with permit requirements, the user is required to make available for inspection and copying by the city all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those required in 40 CFR Chapter I, Subchapter N, without restriction but subject to the confidentiality provision set forth herein. All records are to be kept a minimum of three years.
All samples shall be taken, preserved, and analyzed in accordance with the procedures presented in the Code of Federal Regulations, Title 40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants) or the most recent accepted edition of Standard Methods for the Analysis of Wastewater. Unless approved otherwise by the city, all analyses shall be performed by a laboratory(ies) certified by the state to perform analysis for the specific pollutant in wastewater.
(Ord. 2014-06 §1)
In the event that a user does not comply with the conditions and wastes are discharged to the POTW or collection system that causes, or threaten to cause, the water quality control plant's waste treatment facilities to malfunction or otherwise result in a violation of waste discharge requirements or limitations imposed by state or federal regulatory agencies (40 CFR 403.8), the user shall be liable for any and/or all of the following:
A. 
To pay any and all monetary penalties, charges, fees, and other costs that may be imposed on the city by state or federal regulatory agencies as a result of threatened or actual violation(s) or malfunction(s), including administrative and legal fees;
B. 
To pay any and all judgments and associated costs that may be awarded to individuals or entities as a result of threatened or actual violation(s) or malfunction(s);
C. 
To pay the total cost of any interim waste treatment measures that the director may deem necessary to abate threatened or actual violation(s) or malfunction(s), including consulting and administrative fees;
D. 
To pay the total cost of providing waste treatment facilities needed to remedy threatened or actual violation(s) or malfunction(s);
E. 
To pay the total cost of any damage to the collection system or POTW which results from the user's noncompliance with this chapter.
(Ord. 2014-06 §1)
Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing, or tampering with any structure, equipment, or appurtenance which is part of the sanitary sewer system or required pursuant to the provisions of this chapter shall be a violation of this chapter.
(Ord. 2014-06 §1)
Any user, permit applicant, permittee, or owner affected by a decision, action, or determination, including suspension, revocation, refusal, discontinuance, termination, cease and desist order, or emergency order issued by the director interpreting, implementing, or enforcing the provisions of this chapter or any wastewater discharge permit issued hereunder, may appeal such decision, action, or determination by following the administrative citation appeals process pursuant to WMC 1.40.010(C).
(Ord. 2014-06 §1)
A. 
The city of Waterford chooses to adopt chapters and implement procedures to reduce the amount of fats, oils and grease (FOG) discharged into the city's sanitary sewer collection system.
B. 
In addition to the above requirement, the city has legal authority necessary to control discharges of FOG to and from those portions of the city's sanitary sewer collection system over which it has jurisdiction, so as to comply with the sewer WDRs.
C. 
FSEs or "food facilities," as defined in California Uniform Retail Food Facilities Law ("CURFFL"), Division 104 (Environmental Health), Part 7 (Retail Food), Chapter 4, Articles 1 through 20 of the California Health and Safety Code ("FSEs"), produce FOG as a by-product of their operations, which, if not properly managed and disposed, create the potential for blockage of sanitary sewer lines, and which can result in damage to both public and private property, and sewage overflows that cause health issues and have the potential to pollute water courses in the city.
D. 
The current edition of the Uniform Plumbing Code requires FSEs that have the potential to produce a significant amount of FOG to have grease control devices. Some FSEs, such as restaurants within the city do not have grease control devices. These commercial FSEs have the potential to require the city to perform additional preventive maintenance on sewer lines that service these facilities, as well as respond to and cleanup blockages and sewage overflows caused by improper FOG disposal practices and grease control device maintenance.
E. 
The purpose of this chapter is to facilitate the maximum beneficial public use of the city's sanitary sewer collection system while preventing blockages of sewer lines resulting from discharges of FOG to the system, and to specify appropriate FOG discharge requirements for FSEs discharging into the city's sewer system.
F. 
This chapter shall be interpreted in accordance with the definitions set forth in Section 7.12.020 of this chapter. The provisions of this chapter shall apply to the direct or indirect discharge of all wastewater or waste containing FOG into the city's sanitary sewer collection system.
G. 
In order to manage and control, in a cost-effective manner, the discharge of FOG into the city's sanitary sewer collection system to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential and it is the intent of this section to establish regulations for the disposal of FOG and other insoluble waste discharges from FSEs into the city's sewer system.
H. 
To comply with federal, state, and local policies and to allow the city to meet applicable standards, provisions are made in this chapter for the regulation of wastewater or waste containing FOG discharges to the sewer facilities.
I. 
This chapter establishes quantity and quality standards on all wastewater and/or waste discharges containing FOG, which may alone or collectively cause or contribute to FOG accumulation in the sewer facilities causing or potentially causing or contributing to the occurrence of SSOs.
(Ord. 09-04 §1, 2009)
A. 
Unless otherwise defined herein, terms related to water quality shall be as defined in the sewer WDRs and in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).
B. 
Other terms not herein defined are defined as being the same as set forth in the latest adopted applicable editions of the California Codes applicable to building construction adopted pursuant to the California Building Standards Law.
C. 
Subject to the foregoing provisions, the following words and phrases are defined as follows:
"Best management practices"
mean the schedules of activities, prohibitions of practices, maintenance procedures and other management practice to prevent or reduce the introduction of FOG to the sewer facilities.
"Director"
means the director of the department of public works.
"Discharger"
means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger means the same as user.
"Fats, oils, and grease ("FOG")"
mean any substance, such as a vegetable or animal product that is used in, or is a by product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.
"FOG control program"
means the FOG control program required by and developed pursuant to SWRCB Order No. 2006-0003 Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.
"FOG Discharge Manual"
means the "Fats, Oil and Grease Discharge Manual," setting forth best management practices for FSEs, as approved by the director.
"FOG wastewater discharge permit" or "discharge permit"
means a permit issued by the city subject to the requirements and conditions established by the city authorizing the permittee or discharger to discharge wastewater into the city's facilities or into sewer facilities which ultimately discharge into a facility.
"Food grinder"
means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by products for the purpose of disposing it in the sewer system.
"Food service establishment ("FSE")"
means facilities defined in California Uniform Retail Food Facility Law (CURFFL) Health and Safety Code Section 113785, and any commercial or public entity within the boundaries of the city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in CURFFL. A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
"Grab sample"
means a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
"Grease control device"
means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. A grease control device may also include any other proven method to reduce FOG subject to the approval of the director.
"Grease disposal mitigation fee"
means a fee charged to an owner/operator of a FSE, as provided in this chapter, when there are physical limitations to the property that make the installation of the usual and customary grease interceptor or grease control device for the FSE under consideration impossible.
"Grease interceptor"
means a multicompartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a FSE and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next.
"Grease trap"
means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible.
"Inspector"
means a person authorized by the city to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities.
"Interference"
means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's sewer system, treatment processes or operations; or is a cause of violation of the city's NPDES or waste discharge requirements.
"Major operational change"
means a physical change or operational change causing generation of an amount of FOG that exceeds the current amount of FOG discharge to the sewer system by the food service establishment in an amount that alone or collectively causes or creates a potential for SSOs to occur.
"New construction"
means any structure planned or under construction for which a sewer connection permit has not been issued.
"Permittee"
means a person who has received a permit to discharge wastewater into the city's sewer facilities subject to the requirements and conditions established by the city.
"Public agency"
means the state of California and/or any city, county, special district, other local governmental authority or public body of or within this state.
"Public sewer"
means a sewer owned and operated by the city, or other local public agency, which is tributary to the city's sewer facilities.
"Regulatory agency"
or "regulatory agencies" shall mean those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to:
a. 
United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA);
b. 
California State Water Resources Control Board (SWRCB);
c. 
California Regional Water Quality Control Board;
d. 
California Department of Health Services (DOHS);
e. 
Any public agency.
"Sewage"
means wastewater.
"Sewer facilities or system"
means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge operated by the city.
"Sewer lateral"
means a building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building's wastewater facilities and a public sewer system.
"Sewer WDRs"
mean the general waste discharge requirements.
"Sludge"
means any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.
"User"
means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system. User means the same as discharger.
"Waste"
means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
"Wastewater"
means the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer.
"Wastewater constituents and characteristics"
mean the individual chemical, physical, bacteriological, and other parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater.
"Water minimization practices"
mean plans or programs intended to reduce or eliminate discharges to the sewer system or to conserve water, including, but not limited to, product substitutions, housekeeping practices, inventory control, employee education, and other steps as necessary to minimize wastewater produced.
(Ord. 09-04 §1, 2009)
No FSE ("FSE") shall discharge or cause to be discharged into the sewer system FOG that exceeds a concentration level adopted by a regulatory agency or that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system.
(Ord. 09-04 §1, 2009)
The following prohibitions shall apply to all FSEs:
A. 
No person shall discharge, or cause to be discharged any wastewater from FSEs directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this chapter.
B. 
Discharge of any waste, including FOG and solid materials removed from the grease control device to the sewer system, is prohibited.
C. 
The discharge of any waste or FOG to the sewer system which fails to comply with the FOG Discharge Manual is prohibited.
D. 
The discharge of any waste or FOG to the sewer system in a manner which either violates the sewer WDRs or causes or contributes to condition which fails to comply with any of the provisions of the sewer WDRs is prohibited.
(Ord. 09-04 §1, 2009)
A. 
No food grinder shall be installed in a plumbing system of new construction of an FSE.
B. 
All food grinders shall be removed from an existing FSE upon: (1) major operational change to the FSE; or (2) any construction requiring the issuance of a building permit for either remodeling or construction of the FSE valued at five hundred dollars or more.
(Ord. 09-04 §1, 2009)
A. 
All FSEs shall implement best management practices in its operation to minimize the discharge of FOG to the sewer system.
B. 
All FSEs must implement and demonstrate compliance with best management practices (BMP) requirements as specified in the city's FOG Discharge Manual. Detailed requirements for best management practices are specified in the FOG Discharge Manual and may include kitchen practices and employee training that is essential in minimizing FOG discharges.
(Ord. 09-04 §1, 2009)
FSEs are required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter in accordance with the FOG Discharge Manual and the requirements of 40 CFR Section 403.5.
(Ord. 09-04 §1, 2009)
A. 
Application for Waiver or Variance of Requirement for Grease Interceptor. An FSE may submit an application for waiver or variance from the grease interceptor requirement to the director. Terms and conditions for issuance of a variance to an FSE shall be set forth in the permit. A waiver or variance may be revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the waiver was based change so that the justification for the waiver no longer exists.
B. 
Waiver Due to Business Type. A conditional waiver from the grease interceptor requirements may be granted by the director, to a food handling facility determined to have no immediate adverse impact on the collection system because of business type. A waiver may be granted to a business that demonstrates that it qualifies under one or more of the following:
1. 
Business engages in serving only beverages;
2. 
Business engages in serving beverages and/or ready to eat, packaged or unpackaged items (with or without food warming);
3. 
Business is an ice cream parlor without any baking or other food preparation;
4. 
Business is a snack bar with no food preparation other than food warming;
5. 
Business is a bakery with no food preparation other than food warming;
6. 
Any other establishment serving only ready to eat foods with or without food warming.
C. 
Conditional Variance Due to Installation Restrictions. A food handling facility determined to have grease interceptor installation restrictions and that has no immediate adverse impact on the collection system may be granted a conditional variance from grease interceptor installation requirements if one or both of the following occur:
1. 
Adequate slope cannot be provided for gravity flow between plumbing fixtures and the grease interceptor or from the interceptor to the sewer; and/or
2. 
Adequate space cannot be provided, at the site, for installation and/or maintenance of a grease interceptor.
D. 
Conditional Variance Due to Grease Generating Capabilities. A grease interceptor may not be required if a facility can demonstrate that food preparation and service do not generate fats, oil and grease in a quantity sufficient to require a grease interceptor due to menu and number of meals served, or a combination of the two.
E. 
Conditional Variance for Pumping Frequency. The pumping frequency determined in the city of Waterford FOG control program may be decreased for a grease interceptor upon approval from the city of Waterford WWT Division. The following conditions must be met in order to apply for a conditional variance of pumping frequencies from permit requirements:
1. 
At no time can the discharge from the interceptor exceed one hundred milligrams per liter total oil and grease concentration; and
2. 
The interceptor continues to operate properly.
F. 
Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of grease interceptor is not feasible or possible due to inadequate space or inadequate slope, and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor requirement may be granted with the imposition of a grease disposal mitigation fee as described in Section 7.12.100. The director's determination to grant the waiver with a grease disposal mitigation fee will be based upon such considerations that the director determines to be appropriate and consistent with the sewer WDRs, the city's FOG control program, the FOG Discharge Manual, and best construction, engineering, environmental and health and safety practices. Provided, however, that a grease interceptor will be installed when the FSE either: (1) applies for any discretionary permit, including but not limited to a conditional use permit; or (2) conducts any remodeling to a FSE which involves construction valued at fifty thousand dollars or more requiring a building permit and which involves any one or combination of the following: (a) under slab plumbing in the food processing area, (b) a thirty percent increase in the net public seating area, (c) a thirty percent increase in the size of the kitchen area, or (d) any change in the size or type of food preparation equipment. No discretionary permit, including, but not limited to, a conditional use permit, shall be issued to a FSE unless the applicant can demonstrate that a grease interceptor has been or will be installed at the FSE.
(Ord. 09-04 §1, 2009)
For properties at which multiple FSEs are operated on a single parcel, each FSE operator shall be individually and separately responsible for installation and maintenance of the grease interceptor serving its FSEs and for compliance with this chapter. Furthermore, owners of commercial properties at which multiple FSEs that are operated on a single parcel shall be responsible for ensuring compliance by each FSE on the parcel. Such operators and/or property owner can comply with this chapter by installing and maintaining a grease interceptor or grease interceptors serving multiple FSEs upon approval by the director on such terms and conditions that the director may establish in his or her sole discretion.
(Ord. 09-04 §1, 2009)
A. 
FSEs that operate without a grease control interceptor may be required to pay an annual grease disposal mitigation fee to equitably cover the costs of increased maintenance and administration of the sewer system as a result of the FSE's inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow a new FSE, or existing FSEs undergoing remodeling or change in operations, to operate without an approved grease interceptor unless the director has determined that it is impossible to install or operate a grease control interceptor for the FSE under the provisions of this chapter.
B. 
The grease disposal mitigation fee shall be established by resolution of the city council, and shall be based on the estimated annual increased cost of maintaining the sewer system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device and such other costs that the city council considers appropriate.
C. 
The grease disposal mitigation fee may not be waived or reduced when the FSE does not comply with the minimum requirements of this chapter and/or its discharge into the sewer system in the preceding twelve months has caused or potentially caused or contributed alone or collectively, in sewer blockage or a sanitary sewer overflow ("SSO") in the sewer downstream, or surrounding the FSE prior to the waiver request.
(Ord. 09-04 §1, 2009)
Notwithstanding any waiver of grease interceptor requirements under this chapter, FSEs determined by the director to have contributed to a sewer blockage, SSOs or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be ordered by the director to immediately install and maintain a grease interceptor, and may be subject to a plan determined by the director to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs or any other sewer system interferences. SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances. Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively are the responsibility of the private property owner or FSE, and individual(s) as a responsible officer or owner of the FSE. If the city must act immediately to contain and clean up an SSO caused by blockage of a private or public sewer lateral or serving a FSE, or at the request of the property owner or operator of the FSE, or because of the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the city's costs for such abatement may be entirely borne by the property owner or operator of the FSE, and individual(s) as a responsible officer or owner of the FSE(s) and may constitute a debt to the city and become due and immediately payable upon the city's request for reimbursement of such costs.
(Ord. 09-04 §1, 2009)
A. 
FSEs proposing to discharge or currently discharging wastewater-containing FOG into the city's sewer system shall obtain a FOG wastewater discharge permit from the city within either: (1) one hundred eighty days from the effective date of the ordinance codified in this chapter; or (2) at the time any FSE applies for or renews its annual business license from the city. Compliance with this chapter must be demonstrated at the time any business license is issued, provided that the director may extend the compliance date for no more than ninety days after the date of the issuance of the license.
B. 
FOG wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the city. The conditions of FOG wastewater discharge permits shall be enforced by the city in accordance with this chapter and applicable state and federal regulations.
C. 
The city shall not issue a certificate of occupancy for any new construction, or occupancy unless a FSE has fully complied with the provisions of this chapter.
(Ord. 09-04 §1, 2009)
Any person required to obtain a FOG wastewater discharge permit shall complete and file with the city prior to commencing discharges, an application in a form prescribed by the director and shall provide the city such information and documents as the director determines is necessary and appropriate to properly evaluate the application. The applicable fees shall accompany this application. After evaluation of the data furnished, the director may issue a FOG wastewater discharge permit, subject to terms and conditions set forth in this chapter and as otherwise determined by the director to be appropriate to protect the city's sewer system.
(Ord. 09-04 §1, 2009)
The issuance of a FOG wastewater discharge permit may contain any of the following conditions or limits as determined by the director:
A. 
Limits on discharge of FOG and other priority pollutants;
B. 
Requirements for proper operation and maintenance of grease interceptors and other grease control devices;
C. 
Grease interceptor maintenance frequency and schedule;
D. 
Requirements for implementation of best management practices and installation of adequate grease interceptor and/or grease control device;
E. 
Requirements for maintaining and reporting status of best management practices;
F. 
Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests;
G. 
Requirements to self-monitor;
H. 
Requirements for the FSE to construct, operate and maintain, at its own expense, FOG control device and sampling facilities;
I. 
Consent by the operator of the FSE for the city and other regulatory agencies to inspect the FSE to confirm compliance with this chapter and other applicable laws, rules and regulations, including any NPDES permit applicable to the city;
J. 
Additional requirements as otherwise determined to be reasonably appropriate by the director to protect the city's system or as specified by other regulatory agencies;
K. 
Other terms and conditions, which may be reasonably applicable to ensure compliance with this chapter as determined by the director.
(Ord. 09-04 §1, 2009)
The FOG wastewater discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the city council. Payment of permit fees must be received by the city prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal.
(Ord. 09-04 §1, 2009)
A. 
The terms and conditions of an issued permit may be subject to modification and change by the sole determination of the director during the life of the permit based on:
1. 
The discharger's current or anticipated operating data;
2. 
The city's current or anticipated operating data;
3. 
Changes in the requirements of regulatory agencies which affect the city; or
4. 
A determination by the director that such modification is appropriate to further the objectives of this chapter.
B. 
The permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The director shall review the request, make a determination on the request, and respond in writing.
C. 
The permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(Ord. 09-04 §1, 2009)
A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
For the purposes of this chapter, a limited food preparation establishment is not considered a FSE and is exempt from obtaining a FOG wastewater discharge permit.
(Ord. 09-04 §1, 2009)
A. 
FOG wastewater discharge permits issued under this chapter are for a specific FSE, for a specific operation and create no vested rights.
B. 
No permit holder shall assign, transfer or sell any FOG wastewater discharge permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit.
C. 
Any permit, which is transferred to a new owner or operator or to a new facility, is void.
(Ord. 09-04 §1, 2009)
A. 
Grease interceptors shall be maintained in efficient operating condition in accordance with the FOG Discharge Manual.
B. 
Grease interceptors must be cleaned, maintained, and FOG must be removed from grease interceptors at regular intervals.
C. 
FOG removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors and disposed of in a proper manner and at regular intervals.
(Ord. 09-04 §1, 2009)
A. 
Monitoring for Compliance with FOG Wastewater Discharge Conditions and Reporting Requirements.
1. 
The director may require periodic reporting of the status of implementation of best management practices, in accordance with the FOG control program and the FOG Discharge Manual.
2. 
The director may require visual and other monitoring at the sole expense of the permittee to observe the actual conditions of the FSE's sewer lateral and sewer lines downstream.
3. 
The director may require reports for self-monitoring of wastewater constituents and FOG characteristics of the permittee needed for determining compliance with any conditions or requirements as specified in the FOG wastewater discharge permit or this chapter. Monitoring reports of the analyses of wastewater constituents and FOG characteristics shall be in a manner and form approved by the director and shall be submitted upon request of the director.
4. 
Failure by the permittee to perform any required monitoring, or to submit monitoring reports required by the director constitutes a violation of this chapter and shall be cause for the city to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in the FOG wastewater discharge permit or in this chapter.
5. 
The permittee shall be responsible for any and all expenses of the city in undertaking such monitoring analyses and preparation of reports.
6. 
Other reports may be required such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the director to ensure compliance with this chapter.
B. 
Recordkeeping Requirements. The permittee shall be required to keep all documents identified by the director relating to its compliance with this chapter, including manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than two years. The permittee shall, upon request, make the manifests, receipts and invoices available to any city representative, or inspector.
C. 
Falsifying Information or Tampering with Process. It is unlawful to make any false statement, representation, record, report, plan or other document that is filed with the city, or to tamper with or knowingly render inoperable any grease control device, monitoring device or method or access point required under this chapter.
(Ord. 09-04 §1, 2009)
A. 
The director may inspect or order the inspection and sample the wastewater discharges of any FSE to ascertain whether the intent of this chapter is being met and the permittee is complying with all requirements. The permittee shall allow the city access to the FSE premises, during normal business hours, for purposes of inspecting the FSE's grease control devices or interceptor, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptor.
B. 
The director shall have the right to place or order the placement on the FSE's property or other locations as determined by the director, such devices as are necessary to conduct sampling or metering operations. Where an FSE has security measures in force, the permittee shall make necessary arrangements so that representatives of the city shall be permitted to enter without delay for the purpose of performing their specific responsibilities.
C. 
For the director to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the permittee shall make available for inspection and copying by the city all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal without restriction but subject to the confidentiality provision set forth in this chapter. All such records shall be kept by the permittee a minimum of two years.
(Ord. 09-04 §1, 2009)
Persons or occupants of premises where wastewater is created or discharged shall allow the director, or city representatives, reasonable access to all parts of the FSE and all wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to city representatives attempting to inspect any FSE or facility involved directly or indirectly with a discharge of wastewater to the city's sewer system.
(Ord. 09-04 §1, 2009)
A. 
In the event a permittee is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error or the permittee has reasonable opportunity to know that his, her or its discharge will exceed the discharge provisions of the FOG wastewater discharge permit or this chapter, the discharger shall immediately notify the city by telephone at the number specified in the permit. If the material discharged to the sewer has the potential to cause or results in sewer blockages or SSOs, the discharger shall immediately notify the county health department and the city.
B. 
Confirmation of this notification shall be made in writing to the director at the address specified in the permit no later than five working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.
C. 
Such notification shall not relieve the permittee of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this chapter or other applicable law.
(Ord. 09-04 §1, 2009)
A. 
The city council finds that, in order for the city to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the city's sewer facilities are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the city's sewer system by FSEs.
B. 
To ensure that all interested parties are afforded due process of law and that violations are resolved as soon as possible, a permittee, or applicant for a permit may appeal any determination made by the director, including, but not limited to, a denial of a discharge permit, a notice of violation; permit suspension or revocation; or a compliance schedule agreement (CSA), pursuant to the procedures set forth in Section 7.12.380.
C. 
The city, at its discretion, may utilize any one, combination, or all enforcement remedies provided in this chapter in response to any FOG wastewater discharge permit or chapter violations.
(Ord. 09-04 §1, 2009)
A. 
The owner and operator of an FSE or permittee shall be in violation of this chapter if such owner or operator or permittee:
1. 
Fails to install an approved grease control device as required by this chapter; or
2. 
Makes any false statement, representation, record, report, plan or other document that is filed with the city; or
3. 
Tampers with or knowingly renders inoperable any grease control device required under this chapter; or
4. 
Fails to clean, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal; or
5. 
Fails to keep up-to-date and accurate records of all cleaning, maintenance, and grease removal and upon request to make those records available to any city authorized inspector, or designee; or
6. 
Refuses a city authorized inspector, or designee, reasonable access to the food facility for the purposes of inspecting, monitoring, or reviewing the grease control device manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, and/or to inspect the grease control device; or
7. 
Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner; or
8. 
Fails to remove all food grinders located in the food facility by the date specified by this chapter; or
9. 
Introduces additives into a wastewater system for the purposes of emulsifying FOG without the written, specific authorization from the sanitary sewer agency that has jurisdiction of the sanitary sewer system that services the food facility; or
10. 
Fails to pay the grease disposal mitigation fee as specified in this chapter when due; or
11. 
Fails to comply with the FOG Discharge Manual; or
12. 
Otherwise fails to comply with the provisions of this chapter or any permit issued by the city under this chapter.
B. 
Violations under this section shall be subject to the procedures, penalties and remedies set out in this chapter. All costs for the investigations, enforcement actions, and ultimate corrections of violations under this section, incurred by the city shall be reimbursed by the owner/operator of the FSE.
(Ord. 09-04 §1, 2009)
A. 
Upon determination by the director that a permittee or other owner or operator of an FSE or owner of a property is in noncompliance with the terms and conditions specified in its permit or any provision of this chapter, or needs to construct and/or acquire and install a grease control device or grease interceptor, the director may require the permittee, owner or operator to enter into a CSA.
B. 
The issuance of a CSA may contain terms and conditions as determined appropriate by the director, including but not limited to requirements for installation of a grease control device, grease interceptor and facilities, submittal of drawings or reports, audit of waste hauling records, best management and waste minimization practices, payment of fees, or other provisions to ensure compliance with this chapter.
C. 
The director shall not enter into a CSA until such time as all amounts owed to the city, including user fees, noncompliance sampling fees, or, or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the director.
D. 
If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the director may issue an order suspending or revoking the discharge permit pursuant to this chapter.
(Ord. 09-04 §1, 2009)
A. 
The director may suspend any permit when it is determined that a permittee:
1. 
Fails to comply with the terms and conditions of a CSA order;
2. 
Knowingly provides a false statement, representation, record, report, or other document to the city;
3. 
Refuses to provide records, reports, plans, or other documents required by the city to determine permit terms or conditions, discharge compliance, or compliance with this chapter;
4. 
Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;
5. 
Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring;
6. 
Does not make timely payment of all amounts owed to the city for user charges, permit fees, or any other fees imposed pursuant to this chapter;
7. 
Causes interference, sewer blockages, or SSOs with the city's collection, treatment, or disposal system;
8. 
Violates grease interceptor maintenance requirements, any condition or limit of its discharge permit or any provision of this chapter.
B. 
When the director has reason to believe that grounds exist for permit suspension, he/she shall give written notice thereof by certified mail to the permittee setting forth a statement of the facts and grounds deemed to exist.
C. 
Effect.
1. 
Upon an order of suspension by the director, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the city's system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee.
2. 
Any owner or responsible management employee of the permittee shall be bound by the order of suspension.
(Ord. 09-04 §1, 2009)
A. 
Revocation. The director may revoke any FOG wastewater discharge permit when it is determined that a permittee has failed to comply with this chapter.
B. 
Notice of Revocation. When the director has reason to believe that grounds exist for the revocation of a permit, he or she shall give written notice by certified mail thereof to the permittee setting forth a statement of the facts and grounds.
C. 
Effect of Revocation.
1. 
Upon an order of revocation by the director becoming final, the permittee shall permanently lose all rights to discharge any wastewater containing FOG directly or indirectly to the city's system. All costs for physical termination shall be paid by the permittee.
2. 
Any owner or responsible management employee of the permittee shall be bound by the order of revocation.
3. 
Any future application for a discharge permit at any location within the city by any person associated with an order of revocation will be considered by the city after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit.
4. 
An order of permit revocation issued by the director shall be final in all respects on the sixteenth day after it is mailed to the permittee.
(Ord. 09-04 §1, 2009)
A. 
Any person who discharges any waste, including, but not limited to, those listed under 40 CFR Section 403.5, which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city's sewer facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the city to resume normal operations. A service charge of twenty-five percent of city's costs shall be added to the costs and charges to reimburse the city for miscellaneous overhead, including administrative personnel and recordkeeping. The total amount shall be payable within forty-five days of invoicing by the city.
B. 
Any person who discharges a waste which causes or contributes to the city violating its discharge requirements established by any regulatory agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other agencies or a court.
(Ord. 09-04 §1, 2009)
Discharge of wastewater in any manner in violation of this chapter or of any order issued by the director, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person creating a public nuisance is guilty of a misdemeanor.
(Ord. 09-04 §1, 2009)
A. 
The city, by order of the director, may physically terminate sewer service to any FSE, as follows:
1. 
On a term of any order of suspension or revocation of a permit; or
2. 
Upon the failure of a person not holding a valid discharge permit to immediately cease the discharge, whether direct or indirect, to the city's sewer facilities after the notice and process as provided herein.
B. 
All costs for physical termination shall be paid by the owner or operator of the FSE or permittee as well as all costs for reinstating service.
(Ord. 09-04 §1, 2009)
The city may, by order of the director, suspend sewer service when the director determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the city's sewer facilities, or may cause the city to violate any state or federal law or regulation. Any discharger notified of and subject to an emergency suspension order shall immediately cease and desist the discharge of all wastewater containing FOG to the sewer system.
(Ord. 09-04 §1, 2009)
A. 
In addition to criminal penalties and administrative penalties authorized by this Municipal Code, all users of the city's system and facilities are subject to enforcement actions administratively or judicially by the city, U.S. EPA, state of California Regional Water Quality Control Board, or the county of Stanislaus and other regulatory agencies. Said actions may be taken pursuant to the authority and provisions of several laws, including, but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health and Safety Code Section 25100 et seq.); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); and (5) California Government Code, Sections 54739 through 54740.
B. 
In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by the city, as caused by the discharge of any user of the city's system which is in violation of any provision of the city's chapter or the user's permit, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected.
C. 
Pursuant to the authority of California Government Code Sections 54739 through 54740, any person who violates any provision of this chapter; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. The city attorney of the city, upon request of the director, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the city may impose, assess, and recover pursuant to federal and/or state legislative authorization.
D. 
Administrative Civil Penalties. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint to any person who violates:
1. 
Any provision of this chapter;
2. 
Any permit condition, prohibition, or effluent limit; or
3. 
Any suspension or revocation order.
(Ord. 09-04 §1, 2009)
Any person who violates any provision of this chapter is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed one thousand dollars, or imprisonment for not more than six months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein.
(Ord. 09-04 §1, 2009)
Any FSE, permit applicant, or permittee adversely affected by a decision made by the director may appeal the decision by filing, within ten days, a written request for hearing before the city manager accompanied by an appeal fee in an amount established by resolution. The request for hearing shall set forth in detail all the issues in dispute all facts supporting appellant's request. A hearing shall be held by the city manager within sixty days. If the matter is not heard within the required time, the order of director shall be deemed final. The appeal fee shall be refunded if the city manager reverses or modifies, in favor of the appellant, the order of the director. After the hearing, the city manager shall uphold, modify, or reverse the decision. The written decision shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The city manager's decision shall be final.
(Ord. 09-04 §1, 2009)
A. 
Except as otherwise provided, all fees, charges and penalties established by this chapter are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid thirty days after date of invoice.
B. 
Collection of delinquent accounts shall be in accordance with the city's policy resolution establishing procedures for collection of delinquent obligations owed to the city, as amended from time to time by the city council. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter.
C. 
Any penalties charged shall not accrue to those invoices successfully appealed, provided the city receives written notification of said appeal prior to the payment due date.
D. 
Payment of disputed charges is still required by the due date during the city review of any appeal submitted by permittees.
E. 
Collection of delinquent accounts shall be in accordance with the city's policy resolution establishing procedures for collection of delinquent obligations owed to the city, as amended from time to time by the city council. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter.
(Ord. 09-04 §1, 2009)
A. 
Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city hereby enacts this part to limit to ninety days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.
B. 
Notwithstanding the foregoing, and pursuant to Government Code Section 54740.6, judicial review of a final order of the city manager or the director imposing administrative civil penalties pursuant to this chapter may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which such order becomes final.
(Ord. 09-04 §1, 2009)