City of Escondido, CA IN GENERAL

If the user is a corporation:

A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

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

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

If the user is a federal, state, or local governmental entity or an unincorporated association: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility or unincorporated association, or their designee;

"Automotive service establishment"

The individuals described in subsections (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the entity, and the written authorization is submitted to the director. If a written authorization submitted under this subsection is no longer accurate because the individual no longer possesses the authority described herein, a new authorization satisfying the requirements of this subsection must be submitted to the director prior to or together with, any reports to be signed by such individual.

means a gas station, automotive repair garage, or other facility that provides services for automobiles, trucks, vans, buses, heavy-duty construction equipment, recreational vehicles, off-road vehicles, or other self-propelled motorized vehicles or machines.

"Basin plan"

means the comprehensive water quality control plan for the San Diego Basin, adopted by the San Diego Regional Water Quality Control Board in 1975, and all subsequent amendments.

"Beer manufacturer"

means a "beer manufacturer" as defined in California Business and Professions Code section 23012.

"Best management practices (BMPs)"

means structural or managerial practices, including schedules of activities, prohibitions of practices, and maintenance procedures to implement the prohibitions described in this chapter, including the prohibitions, standards, and requirements described in 40 C.F.R. sections 403.5(a)(1) and 403.5(b). BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, drainage from raw materials storage, or any other type of Pollution prevention, Pollution control measure, structural or management plan that may contribute to achieving compliance with this chapter.

"Biochemical oxygen demand (BOD)"

means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (e.g., mg/l).

"Brandy manufacturer"

means a "brandy manufacturer" as defined in California Business and Professions Code section 23014.

"Building drain"

means that part of the lowest horizontal piping of a drainage system that receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.

"Building sewer"

means the extension from the building drain to the public sewer or other place of disposal.

"Bypass"

means the intentional diversion of regulated wastestreams around an industrial user's pretreatment system.

"California Ocean Plan"

means the Water Quality Control Plan for Ocean Waters of California adopted by the State Water Resources Control Board, as amended.

"Categorical industrial user"

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

"Categorical pretreatment standard or categorical standard"

means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that applies to a specific category of users and that appears in 40 C.F.R. Chapter I, Subchapter N, Parts 405–471.

"City"

means the City of Escondido, a California municipal corporation and the regulated authority for the HARRF Wastewater Treatment Plant, its director and employees.

"Combined sewer"

means a sewer receiving both surface runoff and sewage.

"Commercial establishment"

means an establishment that discharges to sanitary sewer used for commercial purposes such as a restaurant, bar, private office, fitness club, retail store, gas station, commercial agricultural operation, bank or other financial institution, supermarket, automobile dealership, or any other establishment with a common business area. A nonprofit private or government entity such as a church, school, hospital, military facility, correctional institution, recreation facility or a facility owned and operated by a charitable organization is considered a commercial establishment.

"Compliance schedule"

means a document issued with milestone dates agreed to by the city and the industrial user, and enforced by the city, that represents the shortest schedule of actions to achieve compliance with pretreatment standards.

"Composite sample"

means a sample collected over time, either by continuous sampling or by mixing discrete samples. A composite sample represents the average wastewater characteristics during the compositing period.

"Contamination"

means an impairment of the quality of the waters of the state by the introduction of waste material to a degree that creates a hazard to the public health through poisoning or through the spread of disease.

"Cooling water"

means the water discharged from any use, including, but not limited to, air conditioning, cooling, or refrigeration, during which the only pollutant assessed is heat.

"Daily maximum limit"

means the maximum allowable discharge limit of any pollutant during a 24 hour period. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of a 24 hour period. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken during the 24 hour period.

"Dental amalgam separator"

means a collection device designed to capture and remove dental amalgam from any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain dental amalgam.

"Director"

means the person designated by the city manager to supervise the operation of the POTW or MS4, and who is charged with certain duties and responsibilities by this chapter. This term also means the director's designee or a duly authorized representative of the director.

"Director's approval"

means the approval of the director as a result of investigation or tests conducted by or at the direction of the director, or by reason of accepted principles or tests by national authorities, technical or scientific organizations, or research laboratories of recognized authority.

"Discharge"

when used without qualification means the release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid, or solid substance.

"Discharger"

means a person, company, agency, or other entity engaged in activities or operations, or owning facilities or property that will or may result in discharge into a POTW, MS4, or wastewater system.

"Distilled spirits manufacturer"

means a manufacturer of distilled spirits as defined in California Business and Professions Code section 23015.

"Domestic wastewater"

means sanitary wastewater and wastewater generated from household type operations.

"Drainage system"

means and includes all the piping within public or private premises that conveys sewage or other liquid wastes to a legal point of disposal, but shall not include the mains or laterals of a public sewer system.

"Enclosed Bays and Estuaries Plan"

means the California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California, adopted by the State Water Resources Control Board April 11, 1991, as amended.

"Enforcement response procedures"

means a document that describes and outlines enforcement response procedures used as a general control mechanism required by 40 C.F.R. section 403.8(f)(5) to accomplish compliance and determine monetary remedies for noncompliance.

"Existing source"

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

"FOG removal equipment"

means and includes grease interceptors, grease traps, clarifiers, sand/oil separators, and similar equipment or technology designed to reduce discharge of FOG.

"Food service establishment"

means a facility engaged in preparing, handling, or selling food for consumption by the public, including, but not limited to, a restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, or residential care facility.

"Garbage"

means solid wastes, recyclable material, organic waste, yard waste, and food waste, including those generated from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.

"Grab sample"

means a single sample of water collected at a particular time and place with no regard to the flow of the wastestream. A single grab sample should be taken over a period not to exceed 15 minutes.

"Grease interceptor or grease trap"

means a device designed to intercept and retain grease and solids before they enter a sewer system. Sizing will be determined by using the most recently adopted version of the Uniform Plumbing Code by the Building Standards Commission, as well as any other requirements the utilities department considers necessary.

"HARRF"

means the City of Escondido Wastewater Treatment Plant, Hale Avenue Resource Recovery Facility, located at 1521 S. Hale Ave., Escondido, CA 92029.

"Illegal connection"

means any physical connection to a MS4 or sanitary sewer that has not been permitted in writing by the city or the RWQCB.

"Illegal discharge"

means any discharge that is prohibited by federal, state, or local law, or degrades the quality of receiving waters in violation of any plan standard.

"Industrial brine"

means any industrial wastewater that consists exclusively of concentrated salts or dissolved minerals that are derived from water softener processes, evaporative processes, or water treatment processes.

"Industrial brine collection system (IBCS)"

means any system of pipelines, pressure mains, pumping stations, outfall sewers, and appurtenances constructed and maintained by the city for the exclusive use of collecting industrial brine, and shall include facilities used to bypass the city's POTW and dispose of the brine under regulations established in a NPDES permit separate from the NPDES permit that regulates the city's POTW.

"Industrial user(s)"

means any facility that discharges process wastewater, other than domestic, to the POTW for treatment.

"Industrial waste"

means and includes nondomestic liquid or semisolid wastes from any producing, manufacturing, or processing operation.

"Inland Surface Water Plan"

means the California Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of California adopted by the State Water Resources Control Board on April 11, 1991, as amended.

"Instantaneous limits"

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

"Interference"

means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW; its treatment processes or operations; or its sludge processes, use, or disposal, and therefore is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as RCRA; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

"Local limits"

means the discharge limits developed by the city to enforce the specific and general prohibitions listed in section 307(b) of the Act and 40 C.F.R. section 403.

"Medical waste"

means and includes isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes, and as may be further defined in the California Health and Safety Code.

"Municipal separate storm sewer system (MS4)"

means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is:

Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or authorized Indian tribal organization, or designated and approved management agency that discharges to waters of the United States;

Designated or used for collecting or conveying stormwater;

Not a combined sewer; and

"National categorical pretreatment standard"

Not part of the POTW.

means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act. Users must also comply with the categorical pretreatment standards found at 40 C.F.R. Chapter I, Subchapter N, Parts 405–471.

"NPDES permit"

means a permit issued by the RWQCB or the State Water Resources Control Board pursuant to Division 7 of the California Water Code to control discharges from point sources to waters of the United States.

"Natural outlet"

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

"New source"

means:

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

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

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

(C)

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

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(B) or (C) of this definition but otherwise alters, replaces, or adds to existing process or production equipment;

Construction of a new source has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous on-site construction program:

(i)

Any placement, assembly, or installation of facilities or equipment, or

(ii)

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

"Nonstormwater discharge"

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

means all discharges to and from a MS4 that do not originate from precipitation events and may include Illegal discharges and NPDES permitted discharges.

"Nuisance"

means a discharge of wastewater:

In violation of a city law, regulation, or order;

That is or could be harmful to or unreasonably affects the wastewater collection system and treatment facilities of the city;

That impairs or unreasonably affects the operation and maintenance of such facilities;

"Pretreatment requirement"

That violates quantity, quality, or flow standards adopted by the city; or

(5)

That unreasonably affects the quality of the city's treatment plant effluent in such a manner that results in the city's inability to meet requirements for the treatment plant established by a federal or state law, regulation, or order.

"Order"

means RWQCB Order No. R9-2013-0001, as amended.

"Pass through"

means a discharge that exits the POTW into the receiving waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of an applicable NPDES permit, including an increase in the magnitude or duration of a violation.

"Peak flow"

means the maximum five minute rate of wastewater flow to be generated from the premises as estimated by the city engineer.

"Person"

means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

"pH"

means the measure of the acidity or alkalinity of a solution, expressed in standard units.

"Pigment"

means a substance that imparts black, white, or other color to another material.

"Plan standard"

means and include all applicable requirements of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan, and the California Ocean Plan.

"Plumbing"

means and include all drainage systems, both direct and indirect, and all vent piping, water piping, and other piping in any building or within the boundaries of any property through which sewage, water, wastewater, or any other substance or liquid is conveyed.

"Pollutant"

means and include dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical waste, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial waste, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon surfactants, FOG, petroleum hydrocarbons, lead, copper, chromium, cadmium, silver, nickel, cyanides, phenols, biocides, certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor), any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of any plan standard, and any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated.

"Pollution"

means an alteration of the quality of the waters of the state by a pollutant to a degree that unreasonably affects such waters for beneficial use or facilities that serve such beneficial uses.

"Premises"

means a parcel of real property or portion thereof, including any improvements thereon, determined by the city to be a single unit for purposes of receiving, using, and paying for wastewater disposal service. In making this determination, the city shall take into consideration such factors as whether the unit could reasonably be subdivided, the number and location of sewer connection laterals, and whether the unit is being used for a single activity or, if not, the principal activity for wastewater disposal services.

"Pretreatment"

means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties to a less polluted state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW or receiving water of the state. The reduction or alteration can be obtained by physical, chemical, or biological processes, or through process changes or other means, except as prohibited by 40 C.F.R. section 403.6(d).

means and includes any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

"Pretreatment standard"

means and includes prohibited discharge standards, categorical pretreatment standards, and local limits.

"Property line cleanout"

is a vertical pipe allowing access to a sewer lateral, located within 18 inches of the public right of way as stated in Standard Drawing S-2-E.

"Publicly owned treatment works (POTW)"

means any "treatment works" as defined by section 212 of the Act (33 U.S.C. section 1292) that is wholly or partially owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial waste of a liquid nature and any conveyances that convey wastewater to a treatment plant, including, but not limited to, public sewers, treatment plants, and pumping stations. For the purpose of this article, POTW shall include the sewers within the city that convey wastewater to the POTW that are by contract or agreement with the city considered dischargers to the city's POTW.

"Public sewer"

means a sewer controlled by public authority and to which all owners of abutting properties have equal rights.

"Residential vehicle washing"

means the noncommercial washing of vehicles in a residential zone.

"Sanitary sewer"

means a sewer that carries sewage and to which storm, surface, and ground waters and industrial waste are not intentionally admitted.

"Sewage"

means and includes human excrement; gray water (e.g., household showers, dishwashing operations); and any combination of water-carried wastes from residences, business buildings, institutions, and industrial and commercial establishments.

"Sewage system"

means all facilities for collecting, pumping, treating, and disposing of sewage.

"Sewer"

means a pipe or conduit for carrying sewage or stormwater.

"Sewer connection lateral"

means that portion of a sewage system that connects a property, whether public or private, to a public sewer. A sewer connection lateral shall be considered to extend from the sewer main to the building or structure being served.

"Significant industrial user (SIU)"

, except as provided in subsections (3) and (4) below, means:

An industrial user subject to categorical pretreatment standards;

An industrial user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

Contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(C)

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

The city may determine that an industrial user subject to a categorical pretreatment standard is a non-significant categorical industrial user rather than a SIU on a finding that the industrial user never discharges more than 100 gpd of total categorical wastewater (excluding sanitary, non-contact cooling, and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

The industrial user, prior to the city's finding, has consistently complied with all applicable pretreatment standards and pretreatment requirements;

The industrial user annually submits a certification statement that is in compliance with this chapter, together with any additional information necessary to support the certification statement; and

(C)

The industrial user never discharges any untreated concentrated wastewater.

"Slug load or slug discharge"

Upon a finding that a user meeting the criteria in subsection (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or pretreatment requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 C.F.R. section 403.8(f)(6), determine that such user should not be considered a significant industrial user.

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

"Standard industrial classification (SIC)"

means classification pursuant to the standard industrial classification manual issued by the Executive Office of the President, Office of Management and Budget, 1987, including any amendments thereto unless otherwise specified.

"Storm drain"

means a sewer that carries storm and surface waters and drainage, but excludes sewage and industrial waste.

"Storm drain inlet"

means an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

"Stormwater"

means flow or runoff generated from any form of natural precipitation, including, but not limited to, stormwater runoff, surface runoff, and drainage resulting from precipitation events.

"Stormwater pollution prevention plan (SWPPP)"

means a document that describes, by word and illustration, the BMPs to be implemented on-site by the owner or operator of a business to eliminate or reduce to the maximum extent practicable pollutant discharges to a MS4.

"Total dissolved solids (TDS)"

means the combined content of all inorganic and organic substances contained in a liquid in molecular, ionized, or micro-granular (colloidal sol) suspended form.

"Total suspended solids (TSS) or suspended solids"

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

"User or industrial user"

means any person who causes, contributes to, or constitutes a source of direct or indirect discharge into the city's wastewater collection and treatment facilities.

"Utility easement"

means any of the city's sanitary sewer utility easements used for the purpose of cleaning, maintaining, repairing, or replacing the sanitary sewer system.

"Wastewater"

means and include any liquid- and water-carried industrial waste and sewage from residential dwellings, commercial establishments, industrial and manufacturing facilities, and institutions, whether treated or untreated, that is contributed to the POTW.

"Wastewater discharge permit"

means a permit issued by the city, regulating specific limitations for constituent strength and daily flow from an industrial user's process wastewater discharging to the POTW.

"Wastewater strength"

means the quality of wastewater discharged as measured by its concentration, including its constituents and characteristics.

"Wastewater system"

means and includes intercepting sewers, wastewater treatment plants, sanitary sewer collection facilities that discharge to a POTW, industrial brine collection facilities that are regulated by a separate NPDES, pumping stations, outfall sewers, and appurtenances constructed, operated, and maintained by the city for residential and nonresidential wastewater disposal purposes.

"Wastewater treatment plant or treatment plant"

means any arrangement of devices and structures used for treating sewage, and that portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.

"Watercourse"

means a channel in which a flow of water occurs, either continuously or intermittently. A watercourse may include inlets, catch basins, or other drainage features on properties where runoff can be blocked.

"Winegrower"

means a "winegrower" as defined in California Business and Professions Code section 23013.

(Code 1957, § 8300; Ord. No. 76-13, § 1, 5-26-76; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2014-11, § 1, 3-19-14; Ord. No. 2015-09, § 1, 5-20-15; Ord. No. 2018-01, §§ 1, 2, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-2 Sewer connection required.

The plumbing and drainage system of every building constructed or reconstructed shall be connected to a public sewer, unless waived by the city engineer.

(Code 1957, § 8411; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-3 Buildings to have sanitary facilities.

Every building shall have the sinks, water closets and other sanitary fixtures and facilities required by the plumbing regulations of the city.

(Code 1957, § 8411; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-4 Sanitary toilets permitted in lieu of connection to public sewer or subsurface disposal system.

For the temporary occupancy of buildings in isolated areas remote from any public highway, the director of public health of the county of San Diego may authorize the construction and use of an approved type sanitary toilet in lieu of connection to a public sewer or to a subsurface disposal system installed in accordance with the provisions of this article.

(Code 1957, § 8418; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-5 Sewer service outside city limits authorized.

Property outside the boundaries of the city may be connected to the city sewerage system if the city council finds there is sufficient capacity to serve such property and it appears to be in the best interests of the city to supply such service. Agreements between the city and other public agencies for the provision of sewer service outside of the boundaries shall be approved by the city council. Any other sewer service outside the boundaries of the city shall be temporary and subject to cancellation upon reasonable notice.

(Code 1957, § 8330; Ord. No. 76-13, § 5-26-76; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2018-01, § 3, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-6 Planting of trees or vegetation that may adversely impact sewers prohibited.

No person shall plant or set out to plant any tree or other vegetation within 20 feet of any public or private sewer within the corporate limits of the city that may adversely impact the function of such sewer.

(Code 1957, § 8321; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-7 Removal of trees or vegetation near sewers upon notice.

Any person owning or having the control of any property in the city upon which trees or vegetation are growing within 20 feet of any public or private sewer and adversely impacting such sewer shall remove the trees or vegetation within city (10) days after being notified by an authorized city representative requesting such removal.

(Code 1957, § 8322; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-8 Improper disposal of sewage unlawful.

It is unlawful for any person to cause, suffer, or permit the disposal of sewage or other liquid waste in any place or manner except through and by means of an approved plumbing and drainage system or an approved sewage disposal system installed and maintained in accordance with the provisions of Article 7 of Chapter 6, Plumbing Code, and this chapter.

It is unlawful for any person to establish, use, or maintain any unauthorized connection to the sanitary sewer system.

(Code 1957 § 8412; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2018-01, § 4, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-9 Surcharges prohibited; regulation by city council.

No person who provides sewer and disposal service to users who are tenants of a mobilehome park, apartment building, or similar residential complex shall impose any charge or surcharge upon such users that exceeds the applicable rate set by the city, if the user was receiving such services directly from the city, except as approved by application to the city and upon such conditions as the city council by resolution shall establish.

Any such additional rate, charge, or surcharge approved by the city council shall be reasonably related to the average cost of providing any additional service and shall not exceed the cost the city would have incurred in providing comparable services directly to the users of such services.

(Ord. No. 89-39, § 1, 8-16-89; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-10 Enforcement authority.

The city and the director can exercise any enforcement powers as provided in this chapter that may be necessary to effectively implement and enforce this chapter.

In addition to the general enforcement powers provided in this chapter, the city and director shall exercise any of the following supplemental enforcement powers as may be necessary under the circumstances:

Sampling authority. During any inspection, the director shall take samples deemed necessary in order to implement and enforce the provisions of this chapter. This may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples to the city and have them analyzed at the owner's or occupant's expense.

Clean and abate. The director may require any person owning or occupying a premises to clean up or remove any material that could create a potential hazard that may result in a violation of this chapter.

Monitoring and mitigation. The director shall require reasonable monitoring of discharges from any premises to a MS4 or sewage system and shall have authority to order the mitigation of circumstances that may result in illegal discharges to the maximum extent practicable.

SWPPP. The director shall have the authority to require any business to establish, adopt, and implement elements of a SWPPP pursuant to section 22-26(a), as may be necessary to fulfill the purposes of this chapter.

(5)

Employee training program. The director shall have the authority to require any business to establish the elements of an employee training program, as may be necessary to fulfill the purposes of this chapter.

(6)

BMPs. The director shall require the establishment of BMPs for any premises pursuant to Municipal Code section 22-26(h).

(7)

Reports. The director shall have the authority to require any person owning a premises to submit a report to the city confirming compliance with this chapter.

(Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2015-09, § 2, 5-20-15; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-11 Enforcement and remedies.

Notification of violation. When the director finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or pretreatment requirement, the director may serve upon that user a written notice of violation. Within five days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

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

(c)

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

Immediately comply with all requirements; and

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

(d)

Administrative citation. When the director finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, a general permit, an order issued hereunder, or any other pretreatment standard or pretreatment requirement, or that the user's past violations are likely to recur, the director may issue an administrative citation as provided in Chapter 1A, Administrative Remedies, of this code.

(e)

Emergency suspensions.

The director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, MS4, sewage system, or IBCS, or which presents, or may present, an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, MS4, sewage system, or IBCS, a receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings as prescribed in this chapter are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any hearing under section 22-193.

Nothing in this section 22-11(E) shall be interpreted as requiring a hearing prior to any emergency suspension under this section 22-11(e).

(f)

Public nuisance. The violation of any provision of this chapter, any standard adopted by this chapter, or any permit or permit condition issued under this chapter is hereby declared a public nuisance, and shall be abated by any means available under the law.

(g)

Termination of service. In addition to any other lawful enforcement and remedial measures that may be available to the city, any user who violates one or more of the following conditions is subject to water service termination or discharge termination:

Violation of any provision of this chapter pertaining to control of wastewater;

A discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance, as defined in this chapter.

Violation of one or more wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of its discharge;

(5)

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(6)

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

(7)

Violation of the pretreatment standards described in this chapter.

(h)

Civil penalties.

A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, a general permit, an order issued hereunder, or any other pretreatment standard or pretreatment requirement, shall be liable to the city for up to $2,500 per day, per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. The city attorney shall have authority to petition the superior court to impose, assess, and recover any such sums.

The director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

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

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

(i)

Criminal prosecution.

A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, a general permit, an order issued hereunder, or any other pretreatment standard or pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for a period of not more than one year, or both.

A user who willfully or negligently introduces any substance into the POTW, MS4, or other sewage system that causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and punishable by a fine of not more than $1,000 per violation, per day, or imprisonment for a period of not more than one year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under federal or state law.

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained pursuant to this chapter or by a wastewater discharge permit or order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of at least $1,000 per violation, per day, or imprisonment for not more than one year, or both.

In the event of a second conviction, a user shall be punished by a fine of not more than $2,000 per violation, per day, or imprisonment for not more than two years, or both.

(j)

Alternative remedies. In addition to other remedies, the city may pursue any of the following alternative remedies against any user that violates the provisions of this chapter:

Repair of damage to facilities. When a discharge to a POTW, MS4, sewage system, or IBCS, in violation of this chapter, causes an obstruction, damage, or other impairment to a MS4, the sewage system, or the IBCS, any person causing such obstruction, damage, or impairment shall be liable for the work required to clean or repair the system.

Injunction. When a discharge to a POTW, MS4, sewage system, or IBCS, in violation of this chapter, causes or threatens to cause a condition of contamination, pollution, or nuisance, the city may petition the Superior Court for the issuance of injunctive relief as may be appropriate, preventing the continuance of such discharge.

Reimbursement. Whenever the city is assessed any fine, fee, or penalty as a result of a discharge to a POTW, MS4, sewage system, or IBCS, in violation of this chapter, the city may seek reimbursement of such fine, fee, or penalty from the discharger.

Cost recovery. Whenever the city incurs any costs or expenses abating any discharge in violation of any provision of this chapter, the city may seek reimbursement of such costs from the person, or entity causing such violation. Any such expense shall constitute a debt owed to the city, and shall include both the direct and indirect costs involved in the abatement of the illegal discharge and in collecting such reimbursement.

(Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2015-09, § 3, 5-20-15; Ord. No. 2018-01, § 5, 4-4-18; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-12 Remedies not exclusive.

The remedies provided for in this chapter are not exclusive and are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response procedures. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 2, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

§ 22-13 Utility easement for sewer access and maintenance.

It is the responsibility of the homeowner, property owner, or property management company of the property on which a utility easement exists to maintain access to, and allow city personnel and their equipment to enter, the utility easement at all times for the purpose of cleaning, maintaining, repairing, or replacing the city's sanitary sewer infrastructure. The planting of trees, vegetation, placing structures, sheds, playgrounds, gardens, or other landscaping is prohibited over a utility easement.