This chapter shall be known and may be cited as the industrial
waste discharge ordinance.
(Ord. 7035 § 1)
shall mean the City Engineer or designee, who is the Deputy
City Engineer, utilities engineering.
(Ord. CS-389 § 9, 2021)
The engineer is authorized and empowered to adopt such rules and regulations as may be deemed reasonably necessary to protect the sewer system and the joint sewer system, to control and regulate the proper use thereof and to provide for the issuance of permits; provided, however, that the terms and provisions of such rules and regulations shall be promulgated in a manner best directed to result in the uniform control and use of the joint sewer system by the parties to the basic agreement referred to in Section 13.04.010, or any amendments or supplements thereto, and provided further that such rules and regulations shall not become effective until approved by the City Council, and a copy of such rules and regulations is filed with the City Clerk. The more restrictive regulations shall apply in the event of any inconsistencies between joint sewer system regulations approved by City Council and other regulations adopted by the city.
(Ord. 7035 § 19; Ord. NS-129 § 4, 1990)
No person shall connect to or otherwise discharge, or cause
to be discharged into the sewer system of the district or the joint
sewer system, any industrial waste unless such person has theretofore
filed with the engineering department of the city an application for
an industrial waste discharge permit and the engineer has issued such
a permit; provided, however, no such permit shall be required of any
person who has heretofore connected to the sewer system and is discharging
industrial waste into such system unless the engineer determines that
such discharge does not meet the industrial waste discharge standards
established by this article or the rules or regulations adopted as
herein provided, in which case a permit shall be required.
(Ord. 7035 § 17)
Industrial waste permits shall be co-issued by the city and
the Encina Water Pollution Control Facility according to this code
and Encina Water Pollution Control Facility regulations approved by
the City Council and filed with the City Clerk.
No permit shall be issued to any person to discharge industrial
waste into the sewer system of the district or the joint sewer system
if such discharge will be a hazard or danger to the health or safety
of any person or to the property of any person or if such discharge
will result in a danger to the capacity, construction, use or proper
performance or utilization of the sewer system or joint sewer system
or be otherwise detrimental or injurious to such systems or either
of them, and unless the applicant has complied with all state, federal
and local laws and with all the provisions of this article and with
all the applicable rules and regulations adopted as provided for this
chapter.
(Ord. 7035 § 18; Ord. NS-129 § 5, 1990)
In the event the engineer determines that pretreatment is required
to make the waste acceptable, the applicant shall be so notified and
shall submit suitable engineering plans and specifications showing
in detail the proposed pretreatment facilities and pretreatment operational
procedures which shall be included within and become a part of the
original application. A permit shall not be issued until such plans,
specifications and operational procedures have been reviewed and approved
by the engineer.
(Ord. 7065 § 2, 1983)
All industrial users shall be subject to self-monitoring and
reporting requirements. The requirements for each applicable user
shall be determined by the engineer and included in the user's discharge
permit.
(Ord. 7065 § 2, 1983)
Information and data provided by an industrial user identifying
the nature and frequency of a discharge shall be available to the
public without restriction. Any information or data which is submitted
or which may be furnished by a user in connection with required periodic
reports shall also be available to the public unless the user or other
interested person specifically identifies and is able to demonstrate
to the satisfaction of the engineer that the disclosure of such information
or a particular part thereof to the general public would divulge methods
or processes entitled to protection as trade secrets.
(Ord. 7065 § 2, 1983)
The engineer shall be empowered to revise discharge permit requirements
to comply with evolving federal law. Permit revisions or modifications
shall not be inconsistent with applicable federal pretreatment standards.
(Ord. 7065 § 2, 1983)
Any permit issued in accordance with the provisions of this
chapter shall be valid for a period specified on the permit, or if
no term is specified, for one year, and is not transferable unless
such permit is revoked or suspended as provided in this title and
in the rules and regulations adopted pursuant thereto.
(Ord. 7035 § 20; Ord. 7065 § 3, 1983; Ord. NS-129 § 6, 1990)
The engineer may revoke or suspend the permit issued to any
person in the event of a violation by the permittee of any provision
of any applicable state, federal or local law or this article or of
any of the rules and regulations adopted in the manner provided for
herein. The engineer may disconnect from the public sewer any connection
sewer, main line sewer or other facility which is constructed, connected
or used without a permit, or constructed, connected or used contrary
to any of the provisions of any applicable state, federal or local
law or this chapter or the rules and regulations adopted as provided
for in this chapter. When a premises has been disconnected, it shall
not be reconnected until the violation for which it was disconnected
has ceased or been remedied and a reasonable charge for such disconnection
and reconnection, as established by the engineer, has been paid.
(Ord. 7035 § 22)
The engineer shall give not less than five days' notice of intention
to disconnect the premises or to suspend or revoke a permit, stating
the reasons therefor, and may grant a reasonable time for elimination
of the violation; provided, however, that if the engineer determines
that the danger is imminent and such action is necessary for the immediate
protection of the health, safety or welfare of persons or property
or for the protection of the sewer system or the joint sewer system,
any premises may be disconnected and service terminated concurrently
with the giving of such notice. Notice shall be given to the occupant
of the premises, if any, and to the record owner of the property as
shown upon the last equalized assessment roll of the county by United
States mail, registered or certified, return receipt requested, postage
prepaid or by posting such notice on the premises.
(Ord. 7035 § 23)
The engineer is charged with the duty of enforcing the provisions
of this chapter and the rules and regulations adopted as provided
in this chapter.
The engineer and the operator and their duly authorized agents
and employees are authorized and shall be permitted to enter upon
all properties at all reasonable times for the purpose of inspection,
observation, measurement, sampling, testing or other reasons to assure
the enforcement and proper application of all the provisions of this
article and the rules and regulations adopted by the engineer as provided
in this chapter.
(Ord. 7035 §§ 21,
26)
Any person violating any provision of this chapter or any rule
or regulation adopted as herein provided shall be liable for all damage
to the sewer system or joint sewer system incurred as a result of
such violation and for any increase in the cost of maintenance or
repair resulting from such violation.
(Ord. 7035 § 25)
