Note Prior ordinance history: Ord. Nos. 5032 and 7023.
For the purposes of this title, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to prevent or
reduce the introduction of FOG to the sewer facilities.
means the utilities department of the city.
means any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer. Discharger shall
mean the same as user.
means any substance such as vegetable or animal products
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.
means the FOG control program required by and developed pursuant
to State Water Resources Control Board Order No. 2006-0003.
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.
means facilities defined in California Uniform Retail Food
Service Facility Law (CURFFL) Section 113789, and any commercial entity
within the boundaries of the city's service area, 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 Section 113789. A limited food preparation establishment
is not considered a food service facility 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.
means the animal and vegetable waste from the handling, preparation,
cooking, and dispensing of food.
means any material which is extractable from an acidified
sample of a waste by hexane or other designated solvent and as determined
by the appropriate procedure in standard methods. "Grease" includes
fats and oils.
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. "Grease
control device" may also include any other proven method to reduce
FOG subject to the approval of the city.
means a pretreatment device designed and installed to separate
fats, oils, and grease from wastewater.
means a grease control device that is used to serve individual
or multiple 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 or impracticable.
means area in sewer lines that have experienced sanitary
sewer overflows or that must be cleaned or maintained frequently to
avoid blockages of the sewer system.
means solid, liquid or gaseous substances discharged or flowing
from an industrial, manufacturing or commercial premises resulting
from manufacturing, processing, treating, recovery or development
of natural or artificial resources of whatever nature.
means all water-carried wastes and wastewater of the community
excluding domestic wastewater and including all wastewater from any
industrial production, manufacturing, processing, commercial, agricultural
or other operation. These may also include wastes of human origin
similar to domestic wastewater.
means a person authorized by the city to inspect any existing
or proposed wastewater generation, conveyance, and processing and
disposal facilities.
means a grease interceptor.
means the sewer system constructed jointly by the Vista Sanitation
District, the city and the Buena Sanitation District pursuant to that
certain contract entitled "Basic Agreement between Vista Sanitation
District and the City of Carlsbad for the Acquisition and Construction
of a Joint Sewer System" (County Contract No. 1858-2129E) and all
amendments and supplements thereto and as such sewer system is specifically
delineated on that certain map entitled "Map of Joint Sewer System—City
of Carlsbad, Vista Sanitation District and Buena Sanitation District"
on file in the office of the clerk of the Board of Supervisors of
the Buena Sanitation District as Document No. 381247.
means the Encina Administrative Agency.
includes a holder in fee, life tenant, executor, administrator,
trustee, and guardian or other fiduciary, lessee or licensee holding
under any government lease or license of real property.
means any person, firm, company, association, corporation,
political subdivision, municipal corporation, district, the state,
the United States of America or any department or agency of any thereof.
means the reciprocal of the logarithm of the hydrogen ion
concentration. It indicates the intensity of acidity and alkalinity
on a pH scale running from zero to 14. A pH value of 7.0, the midpoint
of the scale, represents neutrality. Values above 7.0 indicate alkalinity
and those below 7.0 indicate acidity.
means any lot, piece or parcel of land, building or establishment.
means a physical change or operational change causing generation
of the amount of FOG that exceed the current amount of FOG discharge
to the sewer system by the food service facility in an amount that
alone or collectively causes or creates a potential for SSOs to occur;
or exceeding a cost of $50,000.00 to a food service facility that
requires a building permit, and involves any one or combination of
the following: (1) under slab plumbing in the food processing area;
(2) a 30% increase in the net public seating area; (3) a 30% increase
in the size of the kitchen area; or (4) any change in the size or
type of food preparation equipment.
means and includes any overflow, spill, release, discharge
or diversion of untreated or partially treated wastewater from a sanitary
sewer system. SSOs include:
Overflows or releases of untreated or partially treated wastewater
that reach waters of the United States;
Overflows or releases of untreated or partially treated wastewater
that do not reach waters of the United States; and
Wastewater backups into buildings and on private property that
are caused by blockages or flow conditions within the publicly owned
portion of a sanitary sewer system.
means the waterborne wastes derived from ordinary human living
processes and of such character as to permit satisfactory disposal,
without special treatment, into the public sewer, a private sewer,
or by means of household septic tank systems and individual household
aerobic units.
"Building or house sewer," also known as the "lateral," or
the "sewer lateral" means a pipe or conduit carrying sanitary sewage
and/or industrial wastes from a building to the public sewer or a
common sewer.
"Sewer main" means any public sewer used to collect and convey
sewage or industrial wastes to a publicly owned treatment works (POTW).
"Private sewer" refers to a privately owned sewer, which
is not directly controlled by the city.
"Public sewer" means a publicly owned treatment works (POTW),
which is owned in this instance by Encina Joint Powers and its member
agencies. This definition includes the sewer main and any sewers that
convey wastewater to the POTW plant, but does not include pipes, sewers
or other conveyances not connected to the facility providing treatment.
"Public sewer" also includes any sewers that convey wastewater to
the POTW from persons outside the cities of Carlsbad and Vista, the
Vallecitos Water District, the Leucadia Wastewater District, the Buena
Sanitation District and Encinitas Sanitary District, who are, by contract
or agreement with said cities and/or districts, users of the Encina
Water Pollution Control Facility.
means all construction and appurtenant equipment utilized
in the collection, transportation, pumping, treatment and final disposal
of sewage within the district.
means any discharge of water, sewage or industrial wastes
which in concentration of any given constituent or in quantity of
flow exceeds for any period of duration longer than 15 minutes more
than five times the average 24-hour concentration of flows during
normal operation.
means the current edition of Standard Methods for the Examination
of Water and Wastewater as published by the American Public Health
Association, and Water Pollution Control Federation.
means solids that either float on the surface of, or are
in suspension in water, sewage or other liquids; and which are largely
removable by laboratory filtering and as determined by the appropriate
procedure in standard methods.
means any substance whether gaseous, liquid or solid, which
when discharged to the sewer system in sufficient quantities may tend
to interfere with any sewage treatment process, or to constitute a
hazard to human beings or animals, or to inhibit aquatic life or create
a hazard to recreation in the receiving waters of the effluent from
the sewage treatment plant.
means the Director of Utilities of the city or designee.
means any person carrying on or engaging in vehicular transport
of waste as part of, or incidental to, any business for that purpose.
means 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.
means any liquid waste of any kind, whether treated or not,
and whether animal, mineral or vegetable including sewage, agricultural,
industrial and thermal wastes, which are discharged into or permitted
to enter a public sewer.
(Ord. 7060 § 1, 1980; Ord. NS-129 § 1, 1990; Ord. NS-851 § 1, 2007; Ord. CS-010 § 1, 2008; Ord. CS-164 § 6, 2011)
It is unlawful for any person to place, deposit or permit to
be deposited in an unsanitary manner upon public or private property
within the city or in any area under the jurisdiction of the city,
any human or animal excrement, garbage or other objectionable wastes.
(Ord. 7060 § 1, 1980)
Every lot that has sanitary facilities requiring sewage disposal
which is accessible to a public sewer and is not connected shall be
connected to the public sewer within 90 days after the owner or person
legally responsible has been notified to do so by the Utilities Director.
(Ord. 7060 § 1, 1980; Ord. NS-851 § 2, 2007; Ord. CS-164 § 6, 2011)
Any sanitary sewer overflow is prohibited.
(Ord. NS-851 § 3, 2007)
It is unlawful for any person to place, discharge or dispose of any material, solid or liquid, into the sewer system, or any part thereof, without first obtaining a permit from the city pursuant to Chapter 13.10, and without having first paid all fees required by this title; and no substance shall be placed, discharged or disposed of in the sewer system except substances of waste materials originating on the premises to which a sewer connection permit has been issued.
(Ord. 7060 § 1, 1980)
A.
Maintenance
of all sewer mains dedicated to and accepted by the city shall be
the responsibility of the city.
B.
Maintenance
of all privately-owned sewer mains, and all lateral lines, equipment
and appurtenances connected to the city's sewer mains shall be the
responsibility of the property owner or parcel occupant/user. The
property owner or occupant/user is responsible for the cleaning and
removal of blockages in the sewer lateral from the property being
served to the sewer main. The property owner or occupant/user is responsible
for the maintenance, repair, and replacement of the sewer lateral
from the sewer main to and including the building.
C.
The city hereby grants a revocable license to any property owner who has obtained a sewer connection permit pursuant to Chapter 13.10, or who, prior to the effective date of Chapter 13.10, has legally connected his or her sewer lateral to the sewer main, to retain his or her current sewer lateral placement within the city's right-of-way.
(Ord. NS-851 § 4, 2007)
A.
Discharge
of stormwater, surface water, groundwater, unpolluted industrial process
water, roof runoff, subsurface drainage, or any waters from an uncontaminated
cooling system, swimming pool, decorative fountain or pond, into any
public sewer or any private sewer which is connected to the public
sewer without written permission in conformance with adopted regulations.
B.
No
person shall enter, obstruct, uncover or tamper with any portion of
the public sewer, or connect to it, or dispose anything into any sewer
and/or sewer manhole without the written permission of the Utilities
Director.
C.
No
person or party shall remove or demolish any building or structures
with plumbing fixtures connected directly or indirectly to the public
sewer without first notifying the Utilities Director of such intention.
All openings in or leading to the public sewer line or lines caused
by such work shall be sealed watertight and inspected by the Utilities
Director before being backfilled.
D.
No
person shall fill or backfill over, or cause to cover, or obstruct
access to, any sewer manhole.
E.
No
person shall erect any improvements, structures, or buildings over
public sewers without the written permission of the Utilities Director.
F.
Except
as hereinafter provided in this section, no person shall discharge
or cause to be discharged any of the following described substances,
waters or wastes into any public sewers:
1.
Liquid
or vapor having a temperature higher than 140 degrees Fahrenheit;
2.
Water
or waste containing substances which may solidify or become viscous
at temperatures between 32 degrees and 150 degrees Fahrenheit;
3.
Gasoline,
benzene, naphtha, fuel oil, or other flammable or explosive liquid,
solid or gas;
4.
Toxic,
noxious or malodorous liquid, solid, or gas deemed a public hazard
and nuisance;
5.
Garbage
that has not been properly shredded to a size of one-fourth inch or
less so that all particles will be carried freely under normal flow
conditions in the public sewers;
6.
Ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, paunch manure, paper substances or normally dry,
solid wastes capable of causing obstruction to the flow in or damage
to sewers or other interference with the proper operation of the sewerage
works;
7.
Water
or wastes having a pH lower than 5.5 or higher than 9.5 or having
any other corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the sewerage works;
8.
Water
or wastes containing any substance in sufficient quantity to discolor,
injure, disrupt or interfere with the normal operation of any sewage
treatment process, constitute a hazard to human or animal life, create
a public nuisance, or significantly lower the quality of the receiving
waters;
9.
Water
or wastes containing suspended solids of such character or quantity
that unusual attention or expense is required to handle such materials
at a sewage treatment plant;
10.
Any unusual volume of flow or concentration of wastes constituting "slugs" as defined in Section 13.04.010;
11.
Radioactive wastes or isotopes of such half-life or concentration
that may exceed limits established by the Utilities Director in compliance
with applicable state or federal regulations;
12.
Water added for the purpose of diluting wastes which would otherwise
exceed applicable maximum concentration limitations;
13.
Water or wastes containing substances which are not amenable to treatment
or reduction by the treatment processes employed, or are amenable
to treatment only to such degree that:
G.
Any
person who discharges or causes to be discharged into the public sewers
any water or wastes having more than 300 mg/l of suspended solids
shall be obligated to pay a surcharge, occasioned by the extent to
which such water or waste contains an excess over the foregoing limitation
of concentration.
H.
Where
preliminary treatment facilities are provided for any wastewater as
a condition of its acceptance, they shall be maintained continuously
in satisfactory and effective operation by the owner at his or her
expense.
I.
When
required by the Utilities Director, the owner of any property served
by a building sewer carrying industrial wastewater shall install monitoring
and recording equipment, and a suitable control manhole in the building
sewer to facilitate observation, sampling and measurement of the wastes.
Such manhole shall be readily accessible and safely located, and shall
be constructed in accordance with plans approved by the Utilities
Director. The manhole shall be installed and maintained by the owner
at his or her expense.
J.
All measurements, tests, and analyses of the characteristics of water and wastewater to which reference is made in subsections F, G, and H of this section shall be determined in accordance with the latest edition of the American Public Health Association's Standard Methods for Examination of Water, Sewage and Industrial Wastes and shall be made at the control manhole provided for in subsection I of this section, or upon suitable samples taken at said control manhole. If no special manhole is available, the sampling location shall be determined by the Utilities Director.
(Ord. 7060 § 1, 1980; Ord. 7062 § 1, 1982; Ord. 7065 § 1, 1983; Ord. 7069, 1986; Ord. NS-129 § 2, 1990; Ord. NS-851 § 5, 2007; Ord. CS-010 § 2, 2008; Ord. CS-164 § 6, 2011)
No unauthorized person shall maliciously, wilfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the municipal sewage
works.
(Ord. 7060 § 1, 1980)
A.
Any person found to be violating any provision of this chapter, except Section 13.04.070, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who continues any violation beyond the above time, or who violates the provisions of Section 13.04.070, is guilty of a misdemeanor.
C.
Any
person violating any of the provisions of this chapter is liable to
the city for any expense, loss or damage occasioned the city by reason
of such violation.
(Ord. 7060 § 1, 1980)
In addition to the other civil and criminal penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter that is a threat to the public health, safety, and welfare may be declared and deemed a public nuisance, which may be summarily abated and/or restored as directed by the enforcement official in accordance with the procedures identified in Chapter 6.16. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the city, if necessary.
(Ord. NS-851 § 6, 2007)
