A.
Short
Title. This chapter shall be known as the "Sanitary Code of the City
of Blue Lake."
B.
Rules
and Regulations. The following rules and regulations respecting sewer
construction and disposal of sewage and drainage of buildings and
connection to the sewage works of the City are hereby adopted and
all work in respect thereto shall be performed as herein required
and not otherwise.
C.
Purpose.
1.
The
provisions of this chapter set uniform requirements for discharges
into the wastewater collection and treatment system and enable the
City to comply with the administrative regulations of the state, the
water quality requirements set by the State Regional Water Quality
Control Board, and applicable effluent limitations, national standards
of performance, toxic pretreatment effluent standards, and any other
discharge criteria which are required or authorized by state or federal
law, and to derive the maximum public benefit by regulating the quality
and quantity of wastewater discharged into those systems. The provisions
of this chapter provide for the setting of user charges and fees for
the equitable distribution of costs to all users and the issuance
of permits to certain users. Revenues derived from the application
of the provisions of this chapter shall be used to defray the City's
cost of operating and maintaining an adequate wastewater collection
treatment and disposal system and to provide sufficient funds for
capital outlay, bond service costs, capital improvements, and depreciation.
This chapter shall not apply retroactively and, in the event of an
alteration or repair hereafter made, it shall apply only to the new
materials and methods used therein.
2.
This
chapter shall be interpreted in accordance with the definitions set
forth herein. The provisions of this chapter shall apply to the direct
or indirect discharge of all wastes to facilities of the City. This
chapter provides for the regulation of sewer construction, the quantity
and quality of discharge wastes, the degree of waste pretreatment
required, the approval of plans for sewer construction, the issuance
of permits for industrial wastewater discharge and of other miscellaneous
permits, and the establishment of penalties for violation of this
chapter.
D.
Policy.
1.
The
City operates systems of trunk and collector sewers serving homes,
businesses, commercial establishments and industry located inside
and outside of the boundaries of the City of Blue Lake. Also, the
City has built and operates wastewater treatment and disposal facilities.
The City now provides and will continue to provide sewage collection
services to those dischargers outside of the City limits. However,
those users will pay for the cost of fixed works improvements to the
nearest City collection point and shall reimburse the City for any
costs incurred or necessary to be incurred by the City as a result
of the additional connection. In addition, sewage rates for those
connections outside of the City limits shall be established to contribute
to the payment of previous fixed work in the sewage treatment plant
which were previously financed by the City.
2.
The
highest and best use of the City's sewage system is the conveyance,
treatment and disposal of domestic wastewater. The use of the City's
sewage system for industrial wastewater discharges is subject to further
regulations by the City. Optimum use of the facilities of the City
may necessitate that the City require certain industrial wastewaters
to be discharged during periods of low flow in the sewerage systems
of the City.
3.
Generally,
liquid wastes originating within the City's boundaries will be removed
by the City's sewage system provided the wastes will not (a) damage
structures, (b) create nuisances such as odors, (c) menace public
health, (d) impose unreasonable collection, treatment or disposal
on the City, (e) interfere with wastewater treatment processes, (f)
exceed quality requirements set by regulatory government agencies,
or (g) detrimentally affect the local environment.
4.
To
comply with stated policies of the federal government, state government
and to permit the City to meet increasingly higher standards of treatment
plant effluent quality, provisions are made in this chapter for the
regulation of industrial wastewater discharges. This chapter establishes
quantity and quality limitations on industrial wastewater discharges
which may inadvertently affect the sewage system or effluent may adversely
affect the City's sewage system or effluent quality.
E.
Service
Outside City. The City Council finds that the provision of sewer service
outside of the City limits involves additional costs, charges, and
risks in connection with operating and maintaining the system. The
additional costs include, but are not limited to, obtaining rights-of-way
and/or encroachment permits from other agencies, such as the County
of Humboldt, and complying with their regulatory requirements and
standards. The City Council also finds that a portion of the general
taxes received from City residents offsets and defrays a part of the
costs of sewer system installation, maintenance, operation, and repair.
To equalize the costs of service provided within the City and outside
the City, the City Council finds that increasing the connection fees
to residences located outside the City by a factor of approximately
20% is reasonably required.
Additional Definitions. For the purpose of this chapter, additional
terms shall have the meaning indicated in the most recent edition
of the Uniform Plumbing Code published by the International Association
of Plumbing and Mechanical Officials.
is the person making application for a permit for a sewer
installation and shall be the owner of premises to be served by the
sewer, for which a permit is requested, or his/her authorized agent.
are uses of the waters of the state that may be protected
against quality degradation include, but are not necessarily limited
to, domestic, municipal, agricultural, and industrial supply, power
generation, recreation, aesthetic enjoyment, navigation, the preservation
and enhancement of fish, wildlife, and other aquatic resources or
reserves, and other uses, both tangible or intangible, as specified
by federal, state or local laws.
is any structure used for human habitation or a place of
business, recreation or for other purposes containing sanitary facilities.
is that portion of any sewer beginning at the plumbing or
drainage outlet of any building or industrial facility and running
to the property line or to a private sewage disposal system.
is the City of Blue Lake, Humboldt County, California.
is the engineer appointed by and acting for the Council and
shall be a registered civil engineer.
is the Director of Public Works or his/her authorized representative
who may perform the duties of inspecting the installation, connection,
maintenance and use of all side sewers, public sewers, and facilities.
is the Clerk of the City of Blue Lake.
means a sewer receiving both surface runoff and sewage.
means a sewer owned and operated by the City. Building sewers
connecting building drains to a community sewer are not public sewers
although they may be partially located in a public right-of-way or
easement.
means biochemical oxygen demand, suspended solids, pH and
fecal coliform bacteria, plus additional pollutants identified in
the City's National Pollutant Discharge Elimination System (NPDES)
permit if the publicly-owned treatment works was designed to treat
such pollutants and, in fact, does remove such pollutants to a substantial
degree.
means an impairment of the quality of the waters of the state
by waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease. Contamination shall include
any equivalent effect resulting from the disposal of wastewater, whether
or not waters of the state are affected.
is an individual, firm, corporation, partnership or association
duly licensed by the State of California to perform the type of work
to be done under the permit.
is the City Council of the City of Blue Lake.
is the County of Humboldt, California.
means a user who is required to obtain a permit as set forth in Section 13.16.090 of this chapter.
is the person appointed by the Council to administer and
enforce the rules and regulations of the City of Blue Lake.
means the Federal Water Pollution Control Act, PL 92-500,
and any amendments thereto, as well as any guidelines, limitations,
and standards promulgated by the Environmental Protection Agency pursuant
to said Act.
means any sink, tub, shower, water closet or other facility
connected by a drain to the sewer.
means solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
means any waste from holding tanks, such as vessels, chemical
toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
means any pollutant which is not a compatible pollutant as
defined in this chapter. The pretreatment standard for incompatible
pollutants introduced into a publicly-owned treatment works by a major
contributing industry, not subject to the provisions of subsection
(c) of Section 307 of the Federal Act, shall be for sources within
the corresponding industrial or commercial category, that have been
established by a promulgated effluent-limitations-guideline, defined
as the best practicable control technology currently available, pursuant
to the provisions of subsection (b) of Section 301 and subsection
(b) of Section 304 of the Federal Act; provided, however, if the publicly-owned
treatment works which receives the pollutants is committed, in its
NPDES permit, to remove a specified percentage of any incompatible
pollutant, the pretreatment standard applicable to users of such treatment
works shall be correspondingly reduced for that pollutant; and provided,
further, that even when the effluent limitations guideline for each
industry category is promulgated, a separate provision will be proposed
concerning the application of such guideline to pretreatment.
are the liquid wastes from industrial processes as distinct
from sewage.
is a portion of the sewer line within a public street connecting
a building sewer to the main sewer.
is a public sewer designed to accommodate more than one lateral
sewer.
means the Director of Public Works or his/her designated
representative.
means the weight of material discharged to the sewer system
during a given time interval. Unless otherwise specified, the mass
emission rate means pounds per day of a particular constituent or
combination of constituents.
is a building for residential purpose containing more than
one kitchen or having facilities for the occupancy of more than one
person or family, including but not limited to the following: hotels,
motels, mobile home parks, apartment houses, duplex, rooming houses,
boarding houses and dormitories.
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 any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
is a sanitary sewer beyond the limits of the City not subject
to the control or jurisdiction of the City.
means the person owning the fee title, or the person in whose
name the legal title to the property appears, by deed duly recorded
in the County Recorder's office, or the person in possession of the
property or buildings under claim of, or exercising acts of ownership
over same for him or herself, or as executor, administrator, guardian
or trustee of the owner.
is any written authorization required pursuant to this or
any other regulation or ordinance of City for the installation of
any sewage work.
is any human being, firm, company, partnership, association
and private, public, or municipal corporations, the United States
of America, the State of California, districts and all political subdivisions,
governmental agencies and mandatories thereof.
means an alteration of the quality of the waters of the state
by waste to a degree which unreasonably affects such waters for beneficial
use or facilities which serve such beneficial uses. Pollution may
include contamination.
means a parcel of real estate, including any improvements
thereon, which parcel is determined by the City to be a single user
for the purposes of receiving, using, and paying for services.
is one which has an independent sewage disposal system not
connected with a public sewer and which accommodates one or more buildings.
means a sewer line within a street or easement and which
is controlled by or under the jurisdiction of the City.
means the report referred to in Section 5473 of the Health
Safety Code of the State of California.
means a sewer which carries sewage into which storm, surface
and groundwaters are not intentionally admitted.
is a combination of water-carried wastes from buildings,
residences, institutions and industrial establishments connected to
sewage works of City or from any private sewer.
means an arrangement of devices and structures used for treating
sewage.
are all facilities for collecting, pumping, treating and
disposing of sewage.
means a pipe or conduit for carrying sewage.
means fees, tolls, rates, rentals or other charges for services
and facilities furnished by City in connection with its sanitation
or sewage system.
means the sewer line beginning at the foundation wall of
any building and terminating at the main sewer, and includes the building
sewer and lateral sewers together.
means and refers to the place of residence for a single family.
means a conduit which carries surface or groundwaters and
drainage but excludes sewage and polluted industrial wastes.
is any public highway, road, street, alley, avenue, way,
public place, public easement, or right-of-way.
means water in which no constituent has been added, either
intentionally or accidentally, which would render such water unacceptable
to the agency having jurisdiction thereof for disposal to storm or
natural drainages or directly to surface waters.
means any person who discharges or causes or permits the
discharge of wastewater into a community sewer.
means a classification of a user based on the 1972 Edition
of the Standard Industrial Classification (SIC) Manual prepared by
the Executive Office of Management and Budget.
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 the purposes
of, disposal.
means waste and water, whether treated or untreated, discharged
into or permitted to enter into a community sewer.
means individual chemical, physical, bacteriological, and
radiological parameters, including volume and flow rate and such other
parameters that serve to define, classify, or measure the contents,
quality, quantity, and strength of wastewater. Unless otherwise defined
in this section, the terms used in defining parameters shall be as
adopted in the latest edition of "Standard Methods for the Examination
of Water and Wastewater," published by the American Public Health
Association, the American Water Works Association, and the Water Pollution
Control Federation. Waste constituents and characteristics shall be
measured by standard methods, unless expressly stated, or as established
by federal or state regulatory agencies.
means any water, surface or underground, including saline
waters within the boundaries of the state.
A.
Disposal
of Wastes. It is unlawful for any person to place, deposit, or permit
to be deposited in any unsanitary manner upon public or private property
within the City, or in any area under the jurisdiction of said City,
human or animal excrement, garbage, or other objectionable waste.
B.
Treatment
of Wastes Required. It is unlawful to discharge to any stream or watercourse
any garbage, sewage, industrial waste, or other polluted waters, except
where suitable treatment has been provided and required approvals
and permits have been obtained in accordance with provisions of this
chapter and state and federal law.
C.
Unlawful
Disposal. Except as herein provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, seepage
pit or other facility intended or used for the disposal of sewage
within the City limits.
D.
Occupancy
Prohibited. No building, industrial facility or other structure shall
be occupied until the owner of the premises has complied with all
rules and regulations of the City.
E.
Sewer
Required. The owner of any building situated within the City and abutting
on any street in which there is a public sewer of the City, is hereby
required at his/her expense to connect said building directly with
the proper public sewer in accordance with the provisions of this
chapter, within 90 days after date of official notice to do so; provided
that said public sewer is within 300 feet of the building to be sewered.
F.
Violation
Unlawful. Following the effective date of the ordinance codified in
this chapter, it shall be unlawful for any person whose building is
required to be connected to a public sewer under this chapter to connect
to, construct, install or provide, maintain and use any other means
of sewage disposal from said building except by connection to a public
sewer in the manner as in this chapter provided.
A.
Sewer Not Available. Where a public sewer is not available under the provisions of Section 13.16.030, within the City limits, the building's sewer shall be connected to a private sewage disposal system complying with the rules, regulations and ordinances of the City.
B.
Permit Required. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Director of Public Works. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement with plans, specifications and other information as or deemed necessary by the Director of Public Works. A permit and inspection fee shall be paid to the City at the time application is filed in accordance with the provisions of Section 13.16.090 of this chapter.
C.
Inspection
Required. Permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction
of the Director of Public Works. He or she shall be allowed to inspect
the work at any stage of construction and, in any event, the applicant
for the permit shall notify the City when the work is ready for final
inspection, and before any underground portions are covered. The inspection
shall be made within 48 hours, Sundays and holidays excluded, of the
receipt of the notice by the City.
D.
Design
Requirements. The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
Department of Public Health of the State of California, the sewage
disposal regulations of the Humboldt-Del Norte Department of Public
Health, and the Uniform Plumbing Code. Where requirements conflict,
the most restrictive requirements shall govern. No permit shall be
issued for any private sewage disposal system not meeting these requirements.
No septic tank or cesspool shall be permitted to discharge to any
public sewer or any stream or watercourse.
E.
Abandonment of Facilities. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 13.16.030, a direct connection shall be made to the public sewer in compliance with the ordinances, rules and regulations of the City. Where a private sewage disposal system is abandoned following connection with a public sewer, the applicant making the connection shall fill the abandoned septic tank or other system as required by the County of Humboldt Department of Environmental Health within 30 days from the time of connecting to the public sewer. Every abandoned building sewer or part thereof shall be plugged or capped in a manner approved by the Director of Public Works within five feet of the property line.
F.
Cost
of Maintenance by Owner. The owner shall operate and maintain the
private sewage disposal facilities in a sanitary manner at all times,
at no expense to the City.
G.
Additional
Requirements. No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by any other agency with jurisdiction.
A.
Permit Required. In accordance with Section 13.16.090 of this chapter, no person shall construct a building sewer, lateral sewer or make a connection with any public sewer without first obtaining a written permit from the City and paying all fees and connection charges as required herein.
B.
Design
and Construction Requirements. Design and construction of building
sewers and lateral sewers shall be in accordance with the requirements
of the City and in accordance with the Uniform Plumbing Code.
C.
Separate
Sewers. No two buildings shall be permitted to join in the use of
the same side sewer. Every building or industrial facility shall be
separately connected with the public sewer if such public sewer exists
in the street upon which the property abuts or in an easement which
will serve the property. However, the City may, in the sole discretion
of the Director of Public Works, for good cause shown and subject
to such conditions as the Public Works Director may deem appropriate,
allow two or more buildings located on property belonging to the same
owner to be served with the same side sewer, provided the property
cannot be subdivided into smaller legal-sized lots.
D.
Old
Building Sewers. Old building sewers may be used in connection with
new buildings only when they are found, upon examination and test
by the Director of Public Works, to meet all requirements of City.
E.
Sewer
Too Low. In all buildings in which any building sewer is too low to
permit gravity flow to the public sewer, the sewage carried by such
building sewer shall be lifted to the public sewer at the expense
of the owner by artificial means approved by the Director of Public
Works.
F.
Connection
to Public Sewer. The connection of the building sewer into a lateral
sewer shall be made in strict accordance with City specifications
and at the applicant's expense. The connection to the lateral sewer
shall be made in the presence of the Director of Public Works and
under his/her supervision and direction. Any damage to the lateral
sewer shall be repaired to the satisfaction of the Director of Public
Works at the cost of the owner.
G.
Cleanouts.
Cleanouts in building sewers shall be provided in accordance with
the rules, regulations and ordinances of the City. All cleanouts shall
be maintained watertight.
H.
Maintenance
of Building Sewer. Building sewers shall be maintained by the owner
of the property served thereby.
I.
Testing.
All building sewers and lateral sewers shall be tested in strict accordance
with standard City specifications.
A.
Permit
Required. No person shall construct, extend or connect to any public
sewer without first obtaining a written permit from the City and paying
all fees and connection charges and furnishing bonds as required herein.
The provision of this section requiring permits shall not be construed
to apply to contractors constructing sewers and appurtenances under
contracts awarded and entered into by the City.
B.
Plans,
Profiles and Specifications Required. The application for permit for
public sewer construction shall be accompanied by three complete sets
of plans, profiles and specifications, complying with all the applicable
ordinances, rules and regulations of the City, prepared by a registered
civil engineer showing all details of the proposed work based on an
accurate survey of the ground and existing facilities. The application
shall be submitted to the City Clerk and then shall be examined by
the Director of Public Works who shall review them within 20 days
of submission. The Director of Public Works may require the application
documents to be modified as he or she deems necessary to ensure proper
installation of the proposed facilities. After examination by the
City Engineer, the application shall be submitted to the Council at
its next regular meeting for consideration. When the Council is satisfied
that the proposed work is proper and the plans, profiles and specifications
are sufficient and correct, it shall order the issuance of a permit
predicated upon the payment of all connection charges, fees, and furnishing
bonds as required by the Council. The permit shall prescribe such
terms and conditions as the Council finds necessary in the public
interest.
C.
Subdivisions. The requirements of subsections A and B of this section shall be fully complied with before any final subdivision map shall be approved by the City. The final subdivision map shall provide for the dedication for public use of all streets, easements or rights-of-way in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed on the permit, the Council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider.
D.
Easements
or Rights-of-Way. In the event that an easement is required for the
extension of the public sewer for the making of connections, the applicant
shall procure and have accepted by the Council, a proper easement
or grant of right-of-way sufficient in law to allow the laying and
maintenance of such extension or connection, but not to be less than
15 feet in width unless approved by the City Council.
E.
Persons
Authorized to Perform Work. Only properly licensed contractors and
City forces shall be authorized to perform the work of public sewer
construction within the City. All terms and conditions of the permit
issued by the City to the applicant shall be binding on the contractor.
Requirements of this section shall apply to side sewers installed
concurrently with public sewer construction.
F.
Grade
Stakes. Grade and line stakes shall be set by a registered civil engineer
prior to start of work on any public sewer construction. The contractor
shall be responsible for accurate placement of the sewer invert.
G.
Compliance
With Local Regulations. Any person constructing a sewer within a street
shall comply with all state and City laws, ordinances, rules and regulations
pertaining to the cutting of pavement, safety, opening, barricading,
lighting and protecting of trenches, backfilling and repaving thereof,
and shall obtain all permits and pay all fees required by the department
having jurisdiction prior to the issuance of a permit by the City.
H.
Protection
of Excavation. The applicant shall maintain such barriers, lights
and signs as are necessary to give warning to the public at all times
that a sewer is under construction and of each dangerous condition
to be encountered as a result thereof. The plans shall contain identification
of the types, sizes and locations of such barriers, lights and signs.
Plans shall, in addition, contain general traffic routing conditions
and specific traffic control plans in those areas required by the
City. The applicant shall also likewise protect the public in the
use of the sidewalk against any such conditions in connection with
the construction of the sewer. Streets, sidewalks, parkways and other
property disturbed in the course of the work shall be reinstalled
in a manner satisfactory to the City or any other person having jurisdiction
thereover.
I.
Design
and Construction Standards.
1.
Minimum
standards for the design and construction of sewers within the City
shall be in accordance with the applicable provisions of the ordinances,
rules, regulations and with the City of Blue Lake, "Specifications
for Sewer Construction," heretofore or hereafter adopted by Council,
copies of which are on file in the office of the City Clerk. The City
Engineer, with the consent of the City Council, may permit modifications
or may require higher standards where unusual conditions are encountered.
2.
Three
complete sets of as-built drawings showing the actual locations of
all mains, structures, wyes, laterals, cleanouts and manholes shall
be filed with the City before final acceptance of the work.
J.
Completion
of Sewer Required. Before any acceptance of any sewer line by the
City and prior to the admission of any sewage into the system, the
sewer line shall be tested and shall be complete in full compliance
with all requirements of the "Specifications for Sewer Construction,"
and to the satisfaction of the City Engineer.
A.
Discharge
of Rainwater or Uncontaminated Water Prohibited. No person shall discharge
or cause to be discharged any rainwater, stormwater, groundwater,
street drainage, subsurface drainage, roof drainage, yard drainage,
water from yard fountains, ponds or lawn sprays, any excessive amount
of steam condensate or cooling water, deionized water, or distilled
water, or any other uncontaminated water into any sewage facility
which directly or indirectly discharges to facilities owned by the
City.
B.
Prohibited
Waste Discharges. No person shall discharge to a community sewer wastes
which cause, threaten to cause, or are capable of causing, either
alone or by interaction with other substances:
1.
A
fire or explosion;
2.
An
obstruction of the flow in a sewer system or injury to the system
or damage to the wastewater collection, treatment, or disposal facilities;
3.
Danger
to life or the safety of personnel;
4.
A
nuisance or prevention of the effective maintenance or operation of
the sewer system through having a strong, unpleasant odor;
5.
Air
pollution by the release of toxic or malodorous gases or malodorous
gas-producing substances;
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 and reuse or to
interfere with the reclamation process;
8.
A
detrimental environmental impact, or a nuisance in the waters of the
state, or a condition unacceptable to any public agency having regulatory
jurisdiction over the City;
9.
Discoloration
or any other condition in the quality of the City's treatment works
effluent in such a manner that receiving water quality requirements
established by law cannot be met;
10.
Conditions at or near the City's treatment works which violate any
statute or any rule, regulation, or ordinance of any public agency
or state or federal regulatory body; and
11.
Quantities or rates of flow which overload the City's collection
or treatment facilities, or cause excessive City collection or treatment
costs, or may use a disproportionate share of the City facilities.
C.
No
person shall discharge, or cause to be discharged, to a public sewer
which directly or indirectly connects to the City sewerage systems,
the following wastes:
1.
Any
waste having a temperature of 120 degrees Fahrenheit or higher.
2.
Any
gasoline, benzene, naptha, solvent, fuel oil or any liquid, solid
or gas that would cause or tend to cause flammable or explosive conditions
to result in the sewage system.
3.
Any
waste containing toxic or poisonous solids, liquids or gases in such
quantities that alone, or in combination with other waste substances,
may create a hazard for humans, animals or the local environment,
interfere detrimentally with wastewater treatment processes, cause
a public nuisance, or cause any hazardous condition to occur in the
sewerage system.
4.
Any
waste having a pH lower than 6.0 or having any corrosive or detrimental
characteristic that may cause injury to wastewater treatment or maintenance
personnel or may cause damage to structures, equipment or other physical
facilities of the sewerage system.
5.
Any
solid or viscous substances of such size or in such quantities that
they may cause obstruction to flow in the sewer or be detrimental
to proper wastewater treatment plant operations. These objectionable
substances include, but are not limited to, asphalt, dead animals,
offal, ashes, sand, mud, straw, industrial process shavings, metal,
glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure,
bones, hair and fleshings, entrails, paper dishes, paper cups, milk
containers or other similar paper products, either whole or ground.
6.
Any
water added for the purpose of diluting wastes which would otherwise
exceed applicable maximum concentration limitations.
7.
Any
non-biodegradable cutting oils, commonly called soluble oil, which
form persistent water emulsions.
8.
Any
non-biodegradable oil, petroleum oil or refined petroleum products.
9.
Any
disbursed biodegradable oils and fats, such as lard, tallow or vegetable
oil in excessive concentrations that would tend to cause adverse effects
on the sewerage system.
10.
Any waste with an excessively high concentration of cyanide.
11.
Any large amounts of undissolved or dissolved solids.
12.
Any wastes with excessively high BOD, COD or decomposable organic
content.
13.
Any strongly odorous wastes or waste tending to create odor.
14.
The contents of a swimming pool into a sanitary sewer.
15.
Any wastes containing over 0.1 milligram per liter of dissolved sulfides.
16.
Any wastes with a pH in excess of 9.0 or high enough to cause alkaline
encrustations on sewer walls.
17.
Any wastes requiring an excessive quantity of chlorine or any other
chemical compound used for disinfection purposes.
18.
Any excessive amounts of chlorinated hydrocarbon or organic phosphorous-type
compound.
19.
Any waste containing substances that may precipitate, solidify or
become viscous at temperatures between 50 and 100 degrees Fahrenheit.
20.
Any waste producing an excessive discoloration of wastewater or treatment
plant effluent.
21.
Any garbage or waste that is not ground sufficiently to pass through
a 3/8-inch screen.
22.
Any wastes containing excessive quantities of iron, boron, chromium,
phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium,
selenium, arsenic or any other objectionable materials toxic to humans,
animals, the local environment or to biological or other wastewater
treatment processes.
23.
Any blowdown or bleed water from cooling towers or other evaporative
coolers exceeding one-third of the makeup water.
24.
Any single pass cooling water.
25.
Recognizable portions of the human anatomy.
26.
Any septic tank wastes.
27.
Any radioactive waste.
28.
Waste from garbage grinders shall not be discharged into a community
sewer except:
a.
Wastes generated in the preparation of food normally consumed on
the premises; or
b.
Where the user has obtained a permit for that specific use from the
City and agrees to undertake whatever self-monitoring is required
to enable the City to equitably determine the user charges based on
the waste constituents and characteristics.
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Such grinders shall shred the waste to a degree that all particles
will be carried freely under normal flow conditions prevailing in
the community sewer. Garbage grinders shall not be used for grinding
plastic, paper products, inert materials, or garden refuse.
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29.
Any substances directly into a manhole or other opening in a community
sewer other than through an approved building sewer unless, upon a
written application by the user and the payment of the applicable
user charges and fees, the City issues a permit for such direct discharges.
No person shall discharge or cause to be discharged to any public
sewer which directly or indirectly connects to the City's sewerage
system waste, if in the opinion of the City Engineer such wastes may
have an adverse or harmful effect on sewers, maintenance personnel,
wastewater treatment plant personnel or equipment, treatment plant
effluent quality, public or private property, or may otherwise endanger
the public, the local environment or create a public nuisance. The
City Engineer, in determining acceptability of specific wastes, shall
consider the nature of the waste and the adequacy and nature of the
collection, treatment and disposal system available to accept the
waste.
C .
Interceptors Required. Grease, oil and sand interceptors shall
be provided when, in the opinion of the Director of Public Works,
they are necessary for the proper handling of liquid wastes containing
grease in excessive amounts, or any flammable wastes, sand and other
harmful ingredients; except that such interceptors shall not be required
for buildings used for residential purposes. All interceptors shall
be a type and capacity approved by the Director of Public Works and
shall be readily and easily accessible for cleaning and inspection.
D.
Maintenance of Interceptors. All grease, oil and sand interceptors
shall be maintained by the owner, at his or her expense, and shall
have continuously efficient operation at all times.
E.
Maintenance
of Building Sewers. All users shall keep, operate, and maintain their
building sewer connections, including that portion thereof within
a public right-of-way, in good order and condition and free of roots,
grease, sand, and other nonstructural related obstructions and shall
be liable for damages which may result from their failure to do so.
Upon the final acceptance by the City of the work of the installation
of that portion of the building sewer within a public right-of-way,
the City shall assume the responsibility for the repair or replacement
of said portion of the building sewer which is necessitated or caused
by structural failure. The Director of Public Works shall have the
sole authority to determine whether an obstruction in a building sewer
is the result of structural or nonstructural causes. The Director
of Public Works shall be admitted at all reasonable hours to all parts
of any premises connected with the sewerage system for the purposes
of checking the fixtures and the establishment of service charges
as provided in this chapter.
A.
Permit
for Industrial Wastewater Discharge.
1.
No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the City without first obtaining a City permit for industrial wastewater discharge. Refer to Section 13.16.150 for copies of permit applications.
2.
The
permit for industrial wastewater discharge may require pretreatment
of industrial wastewaters before discharge, restriction of peak flow
discharges, discharge of certain wastewaters only to specified sewers
of the City, relocation of point of discharge, prohibition of discharge
of certain wastewater components, restriction of discharge to certain
hours of the day, payment of additional charges to defray increased
costs of the City created by the wastewater discharge and such other
conditions as may be required to effectuate the purpose of this chapter.
3.
No
City permit for industrial wastewater discharge is transferable without
the prior written consent of the City.
4.
No
person shall discharge industrial wastewaters in excess of the quantity
or quality limitations set by the permit for industrial wastewater
discharge.
B.
Procedure
for Obtaining a City Permit for Industrial Wastewater Discharge.
1.
Applicants
for a permit for industrial wastewater discharge shall complete the
City's application form available at the office of the City Clerk.
The City may require additional information on the characteristics
of the wastewater discharge beyond that required on the application
form.
2.
Upon
receipt of all required information, the application shall be processed
and upon approval be signed by the Director of Public Works, and one
copy returned to the applicant. When properly signed, the application
form shall constitute a valid permit for industrial wastewater discharge.
3.
The
application shall be approved if the applicant has complied with all
applicable requirements of this chapter and furnished to the City
all requested information and if the City Engineer determines that
there is adequate capacity in the City's facilities to convey, treat
and dispose of the wastewaters.
C.
Change
of Industrial Wastewater Permit Restrictions. The City may change
the restrictions or conditions of a permit for industrial wastewater
discharge from time to time as circumstances may require. The City
shall allow an industrial discharger a reasonable period of time to
comply with any changes in the permit for industrial wastewater discharge
required by the City.
D.
Suspension
of Permit for Industrial Wastewater Discharge.
1.
The
Director of Public Works may suspend a permit for industrial wastewater
discharge for a period not to exceed 45 days when such suspension
is necessary in order to stop a discharge which presents an imminent
hazard to the public health, safety or welfare, to the local environment
or to the City's sewerage system.
2.
Any
discharger notified of a suspension of his or her permit for industrial
wastewater discharge shall immediately cease and desist the discharge
of all industrial wastewater to the sewerage system. In the event
of a failure of the discharger to comply voluntarily with the suspension
order, the Director of Public Works shall take such steps as are reasonably
necessary to insure compliance.
3.
The
Director of Public Works shall reinstate the permit for industrial
wastewater discharge upon proof of satisfactory compliance with all
discharge requirements of the City.
E.
Revocation
of Permit for Industrial Wastewater Discharge.
1.
The
City may revoke a permit for industrial wastewater discharge upon
a finding that the discharger has violated any provision of this chapter.
2.
Any
discharger whose permit for industrial wastewater discharge has been
revoked shall immediately stop all discharge of any liquid-carried
wastes covered by the permit to any public sewer. The Director of
Public Works may disconnect or permanently block from such public
sewer the industrial connection sewer of any discharger whose permit
has been revoked if such action is necessary to ensure compliance
with the order of revocation.
F.
Prohibited Industrial Waste Discharges. All discharges prohibited by Section 13.16.070 are included herein as prohibited industrial waste discharge.
G.
Availability
of City's Facilities. If sewerage capacity is not available, the City
may require the industrial wastewater discharger to restrict his/her
discharge until sufficient capacity can be made available. When requested,
the City will advise persons desiring to locate new facilities as
to the areas where industrial wastewater of their proposed quantity
and quality can be received by available sewerage facilities. The
City may refuse service to persons locating facilities in areas where
their proposed quantity or quality of industrial wastewater is unacceptable
in the available treatment facility. An industrial wastewater discharger
may reserve sewerage capacity as it becomes available after payment
to the City of the City's reasonable cost to create the additional
capacity.
H.
Limitation
on Wastewater Strength.
1.
No
person shall discharge wastewater containing in excess of:
2.
No
person shall discharge any wastewater:
a.
Containing more than 300 mg/l of oil or grease of animal or vegetable
origin;
b.
Containing more than 100 mg/l of oil or grease of mineral or petroleum
origin;
c.
Containing in excess of 0.02 mg/l total identifiable chlorinated
hydrocarbons which cannot be removed by the City's wastewater treatment
process; and
d.
Containing in excess of 1.0 mg/l phenolic compounds which cannot
be removed by the City's wastewater treatment process.
3.
Effluent limitations promulgated by the Federal Act shall apply in any instance where they are more stringent than those set forth in this chapter. Under subsection (b) of Section 307 of the Federal Act, federal pretreatment standards are designed to achieve two purposes: (a) to protect the operation of publicly-owned treatment works; (b) to prevent the discharge of pollutants which pass through such works inadequately treated. Users in industrial categories subject to the effluent guidelines issued under subsection (b) of Section 304 of the Federal Act, which users are discharging incompatible pollutants to publicly-owned treatment works, shall be required to adopt the best practicable control technology currently available, as defined by the administrator pursuant to the provisions of subsection (b) of Section 304 of the Federal Act. Where the City treatment works was designed to and does achieve substantial removal of pollutants, other than the four pollutants listed in the definition for compatible pollutants in Article II, (BOD, suspended solids, pH, and fecal coliform bacteria), it is not appropriate to require the industrial user to achieve the best practicable control technology currently available since this would lead to an uneconomical duplication of treatment facilities. While the term "substantial removal" is not subject to precise definition, it generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% shall not be considered "substantial." For some industrial categories it may be necessary to define pretreatment guidelines for problems that may arise as a result of the discharge into publicly-owned treatment works. However, any adjustments, required for particular industrial categories, should be considered in connection with the City's requirements rather than in the national pretreatment standard. The limitations set forth for wastewater strength in paragraphs 1 and 2 of this subsection may be supplemented with more stringent limitations as recommended by the City Engineer and as approved by the City Council, provided:
a.
The City determines that the limitation set forth in this section
may not be sufficient to protect the operation of the City's treatment
works; or
b.
The City determines that the limitations set forth in this section
may not be sufficient to enable the City's treatment works to comply
with water quality standards or effluent limitations specified in
the City's Report of Wastewater Discharge Order.
I.
Preliminary
Treatment of Wastes.
1.
The
admission into the public sewers of any waters or wastes having (a)
a five-day biochemical oxygen demand (BOD) greater than 453 milligrams
per liter; or (b) containing more than 382 milligrams per liter of
total suspended solids (TSS); or (c) containing any quantity of substances
having the characteristics described in Section 808; or (d) having
an average daily flow greater than two percent of the average daily
sewage flow of the City, shall be subject to the review and approval
of the Director of Public Works through the issuance of a wastewater
discharge permit. Where necessary, in the opinion of the Director
of Public Works, the owner shall provide, at his/her expense, such
preliminary treatment as may be necessary to (a) reduce the BOD and
the TSS, or (b) reduce objectionable characteristics or constituents
to within the maximum limits provided for in this section, or (c)
control the quantity and rates of discharge of such water or wastes.
2.
An
industrial wastewater pretreatment system or device may be required
by the City Engineer to treat industrial flows prior to discharge
to the sewer system when it is necessary to restrict or prevent the
discharge to the sewer of certain waste constituents, to distribute
more equally over a longer time period any peak discharges of industrial
wastewaters or to accomplish any pretreatment result required by the
City Engineer. All pretreatment systems or devices shall be approved
by the City Engineer but the approval shall not absolve the industrial
discharger of the responsibility of meeting any industrial effluent
limitation required by the City. All pretreatment designs shall have
plans prepared and be signed by an engineer of suitable discipline,
licensed in the State of California. Construction of the facilities
shall not be commenced until the approvals are obtained in writing.
3.
Normally,
a gravity separation interceptor, equalizing tank, neutralization
chamber and control manhole will be required, respectively, to remove
prohibited settleable and floatable solids, to equalize wastewater
streams varying greatly in quantity and/or quality, to neutralize
low or high pH flows and to facilitate inspection, flow measurement
and sampling.
J.
Floor
Drains. Floor drains from commercial or manufacturing buildings, warehouses
or multi-use structures shall not discharge directly to the sewer,
but shall first discharge to a gravity separation interceptor.
K.
Maintenance
of Pretreatment Facilities. Where required by the City, preliminary
treatment facilities for any water or wastes shall be maintained continuously
in satisfactory and effective operation by the owner, at his or her
expense, and to the satisfaction of the City.
L.
Control
Manhole and Separation of Domestic and Industrial Wastewaters.
1.
All
domestic or sanitary wastewaters from rest rooms, showers, drinking
fountains, etc., shall be kept separate from all industrial wastewaters
until the industrial wastewaters have passed through any required
pretreatment system or device.
2.
A
control manhole of a design approved by the City Engineer shall be
furnished and installed, when required by the City, to facilitate
inspection, sampling and flow measurements by personnel of the City.
This control manhole shall be located off the industrial premises
or, if within the plant fence, a special locked gate adjacent to the
manhole and at a location approved by the City shall be provided,
with keys to the gate lock given to the City. Unrestricted access
to this control manhole shall be available to authorized personnel
of the City at all times. The control manhole may be used as a junction
manhole for domestic sewage and industrial wastes provided the junction
occurs downstream of the sampling or flow measuring point.
M.
Monitoring
Facilities.
1.
The
City may require the user to construct, at his/her own expense, monitoring
facilities to allow inspections, sampling, and the 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 user's expense. The monitoring facility should normally be
situated on the user's premises, but the City may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that the facility will not be obstructed by landscaping
or parked vehicles.
2.
If
the monitoring facility is inside the user's fence, there shall be
accommodations to allow access for City personnel, such as a gate
secured with a City lock. There shall be ample room in or near such
sampling manhole to allow the accurate sampling and compositing of
samples for analysis. The manhole, sampling, and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
3.
Whether
constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the City's requirements
and all applicable local agency construction standards and specifications.
Construction shall be completed within 90 days following written notification
by the City, unless a time extension is otherwise granted by the City.
N.
Industrial
Wastewater Sampling, Analysis and Flow Measurements.
1.
Periodic
measurements of flow rates, flow volumes, COD and suspended solids
for use in determining the annual industrial wastewater treatment
charge and such measurements of other constituents believed necessary
by the City Engineer shall be made by all industrial wastewater dischargers,
unless specifically relieved of such obligation by the City Engineer.
2.
All
wastewater analyses shall be conducted in accordance with the appropriate
procedure contained in Standard Methods for the Examination of Water
and Wastewater. If no appropriate procedure is contained therein,
the standard procedure of the industry or a procedure judged satisfactory
by the City Engineer shall be used to measure wastewater constituents.
O.
Inspections
and Sampling. The City may inspect the facilities of any user to ascertain
whether the purpose of this chapter is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the City or its representatives
ready access at all reasonable times to all parts of the premises
for the purposes of inspections or sampling or in the performance
of any of their duties. Where a user has security measures in force
which would require proper identification and clearance before entry
onto the premises, the user shall make the necessary arrangements
with the security guards so that, upon the presentation of suitable
identification, personnel from the City will be permitted to enter
without delay for the purposes of performing their specific responsibilities.
P.
Protection
From Accidental Discharges.
1.
Each
user shall provide for accidental discharges of prohibited materials
or other wastes regulated by this chapter. Such facilities shall be
provided and maintained at the user's expense. Detailed plans showing
the facilities and operating procedures to provide such protection
shall be submitted to the City for review and shall be acceptable
to the City before the construction of the facility.
2.
The
review of such plans and operating procedures shall in no way relieve
the user from the responsibility of modifying the facility as necessary
to provide the protection necessary to meet the requirements of this
section. Any industrial wastewater discharger who discharges or causes
the discharge of prohibited wastewaters which cause damage to City
facilities, detrimental effects on treatment processes or any other
damages resulting in costs to the City, shall be liable to the City
for all damages occasioned thereby.
Q.
Confidential
Information.
1.
All
information and data on a user obtained from reports, questionnaires,
permit applications, permits, monitoring programs, and inspections
shall be available to the public or other governmental agencies without
restriction unless the user 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 user's competitive positions.
2.
When
requested by the person furnishing a report, 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,
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 person furnishing the report. Wastewater constituents
and characteristics shall not be recognized as confidential information.
3.
Information
accepted by the City as confidential shall not be transmitted to any
governmental agency or to the general public by the City until and
unless prior and adequate approval is given by the user.
R.
Special
Agreements. Special agreements and arrangements between the City and
any persons or agencies may be established when, in the opinion of
the City, unusual or extraordinary circumstances compel special terms
and conditions. No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the City
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the City for treatment subject
to payment therefor by the industrial concern and subject to such
terms and conditions as might be required by the City.
A.
Permit
Required. No unauthorized person shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenances
or perform any work on any sewer, any lateral or building sewer without
first obtaining written permit from the City. All excavation for building
sewers in public streets and easements shall require a permit from
the Director of Public Works.
B.
Application
for Permit.
1.
Any
person legally entitled to apply for and to receive a permit shall
make such application on forms provided by the City for that purpose.
He or she shall give a description of the character of the work proposed
to be done and the location, ownership, occupancy and use of the premises
in connection therewith. The Director of Public Works may require
plans, specifications or drawings and such other information as he
or she may deem necessary.
2.
If
the Director of Public Works determines that the plans, specifications,
drawings, descriptions or information furnished by the applicant are
in compliance with the ordinances, rules and regulations of the City,
he or she shall issue the permit applied for upon payment of the required
fees as hereinafter fixed.
C.
Compliance
With Permit. After approval of the application, evidenced by the issuance
of a permit, no change shall be made in the location of the sewer,
grade, materials or other details from those described in the permit
or as shown on the plans and specifications for which the permit was
issued except with written permission from the Director of Public
Works or other authorized representatives.
D.
Agreement.
The applicant's signature on an application for any permit, as for
any permit, shall constitute an agreement to comply with all of the
provisions, terms and requirements of this and other ordinances, rules,
and regulations of the City, and with the plans and specifications
he or she has filed with his or her application, if any, together
with such corrections or modifications as may be made or permitted
by the City, if any. Such agreement shall be binding upon the applicant
and may be altered only by the City upon the written request for the
alteration from the applicant.
E.
Discharge
Reports. The City may require that any person discharging or proposing
to discharge wastewater into a community sewer file a periodic discharge
report. The discharge report may include, but not be limited to, the
nature of processing, the volume, rates of flow, mass emission rate,
production quantities, hours of operation, number and classification
of employees, or other information which relates to the generation
of waste, including wastewater constituents and characteristics in
the wastewater discharge. Such reports may also include the chemical
constituents and quantity of liquid or gaseous materials stored on
the site even though they may not normally be discharged. In addition
to such discharge reports, the City may require information in the
form of wastewater discharge permit applications and self-monitoring
reports.
F.
Wastewater
Discharge Permits.
1.
All
critical users proposing to connect to or discharge into a community
sewer shall obtain a wastewater discharge permit before connecting
to or discharging into a community sewer. All existing critical users
connected to or discharging into a community sewer shall obtain a
wastewater discharge permit on or before January 31, 1986. For the
purposes of this chapter a critical user is defined as any user whose
user classification is identified in Standard Industrial Classifications
(SIC) Manual in any of Divisions A, B, D, E, and I and who:
a.
Has the discharge flow of 50,000 gallons or more per average work
day; or
b.
Has a flow greater than five percent of the flow in the City's wastewater
treatment system; or
c.
Has in his or her wastes toxic pollutants in toxic amounts as defined in standards issued pursuant to the provisions of subsection (a) of Section 307 of the Federal Act; or
d.
Is found by the Director of Public Works to have significant impact,
either singly or in combination with other contributing industries,
on the treatment or collection system.
2.
The
City Clerk may issue a wastewater discharge permit to any user, upon
an application, in accordance with the terms of this section, in the
following categories:
3.
Users
seeking a wastewater discharge permit shall complete and file with
the City Clerk an application in the form prescribed by the City Clerk
and accompanied by the applicable fees. The applicant may be required
to submit, in units and terms appropriate for evaluation, the following
information:
a.
The name, address, and SIC number of the applicant;
b.
The volume of wastewater to be discharged;
c.
The wastewater constituents and characteristics, including, but not limited to, those set forth in Section 13.16.080(H) as determined by a laboratory approved by the City;
d.
The time and duration of discharge;
e.
The average and 30-minute peak wastewater flow rates, including the
daily, monthly, and seasonal variations if any;
f.
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers and appurtenances by size, location, and elevation;
g.
A description of the 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.
The number and type of employees and hours of work; and
j.
Any other information which may be deemed by the City Clerk to be
necessary to evaluate the permit application. The Director of Public
Works shall evaluate the data furnished by the user and may require
additional information. After the evaluation and acceptance of the
data furnished, the Director of Public Works may issue a wastewater
discharge permit subject to the terms and conditions set forth in
this chapter.
4.
Wastewater
discharge permits shall be expressly subject to all the provisions
of this chapter and all other regulations, user charges, and fees
established by the City. The conditions of wastewater discharge permits
shall be uniformly enforced by the Director of Public Works in accordance
with the provisions of this chapter and applicable state and federal
regulations. Such permits may contain the following:
a.
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
b.
The average and maximum wastewater constituents and characteristics;
c.
The limits on the rate and time of discharge or requirements for
flow regulations and equalization;
d.
Requirements for the installation of inspection and sampling facilities;
e.
Pretreatment requirements;
f.
Specifications for monitoring programs, which may include sampling
locations, the frequency and method of sampling, the number, types,
and standards for tests, and the reporting schedule;
g.
Requirements for the submission of technical reports or discharge
reports;
h.
Requirements for maintaining plant records relating to wastewater
discharge as specified by the City and affording City access thereto:
j.
Other conditions as deemed appropriate by the City to insure compliance
with the provisions of this chapter.
5.
Such
permits shall be issued for a specified time period, not to exceed
five years. A permit may be issued for a period less than a year or
may be stated to expire on a specific date. If the user is not notified
by the City 30 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. The user shall be informed of any proposed
changes in his or her permit at least 30 days prior to the effective
date of change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
6.
Wastewater
discharge permits shall be issued to a specific user for a specific
operation. A wastewater discharge permit shall not be reassigned or
transferred or sold to a new owner, new user, different premises,
or a new or changed operator.
7.
Any
user who violates the following conditions of the permit or of this
chapter, or applicable state and federal regulations, shall be subject
to having his or her permit revoked:
a.
The failure of a user to factually report the wastewater constituents
and characteristics of his or her discharge;
b.
The failure of the user to report significant changes in operations
or wastewater constituents and characteristics;
c.
The refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring; or
d.
The violation of the conditions of the permit.
G.
Bond—Public
Sewer Construction. Prior to the issuance of a permit for public sewer
construction, the applicant shall furnish to the City a faithful performance
bond or cash in the amount of the total estimated cost of the work;
said bond to be secured by surety or sureties satisfactory to the
City. This cash deposit or faithful performance bond shall be conditioned
upon the performance of the terms or conditions of the permit and
shall guarantee the correction of faulty workmanship and the replacement
of defective materials for a period of one year after the date of
acceptance of the work.
H.
All
Work to Be Inspected. All sewer construction work shall be inspected
by an inspector acting for the City to ensure compliance with all
requirements of the City. No sewer shall be covered at any point until
it has been inspected and passed for acceptance. No sewer shall be
connected to the City's public sewer until the work covered by the
permit has been completed, inspected and approved by the City Department
of Public Works. If the tests prove satisfactory and the sewer has
been cleaned of all debris accumulated from construction operations,
the Director of Public Works shall issue a certificate of satisfactory
completion.
I.
Notification.
It is the duty of the person doing the work authorized by permit to
notify the office of the City in writing that said work is ready for
inspection. Such notification shall be given not less than 24 hours,
Saturdays, Sundays and holidays excluded, before the work is to be
inspected. It is the duty of the person doing the work to make sure
that the work will stand the tests required by the City before giving
the above notification.
J.
Condemned
Work. When any work has been inspected and the work condemned and
no certification of satisfactory completion given, a written notice
to that effect shall be given instructing the owner of the premises,
or the agent of such owner, to repair the sewer or other work authorized
by the permit in accordance with the ordinances, rules and regulations
of the City.
K.
All
Costs Paid by Owner. All costs and expenses incident to the installation
and connection of any sewer or other work for which a permit has been
issued, including the inspection, shall be borne by the owner. The
owner shall indemnify the City from any loss or damage that may directly
or indirectly be occasioned by the work.
L.
Liability.
The City and its officers, agents and employees shall not be answerable
for any liability or injury or death to any person or damage to any
property arising during or growing out of the performance of any work
by any such applicant. Applicant shall be answerable for, and shall
hold the City and its officers, agents and employees harmless from
any liability imposed by law upon the City or its officers, agents
or employees, including all costs, expenses, fees and interest incurred
in defending same or in seeking to enforce this provision. Applicant
shall be solely responsible for any defects in the performance of
his/her work or any failure that may develop therein.
M.
Permit
Time Limit. If work under a permit is not commenced within six months
from the date of issuance or if after partial completion, the work
is discontinued for a period of one year, the permit shall thereupon
become void and no further work shall be done until a new permit shall
have been secured. A new fee shall be paid upon issuance of said new
permit, if required.
N.
Permits
for Sewers Outside City Limits. Permission shall not be granted to
connect any lot or parcel of land outside the City to any public sewer
in or under the jurisdiction of the City unless a permit therefor
is obtained. The applicant shall first enter into a contract in writing
whereby he/she shall bind himself/herself, his/her heirs, successors
and assigns to abide by all ordinances, rules and regulations in regard
to the manner in which such sewer shall be used, the manner of connecting
therewith and drainage and connection therewith, and also shall agree
to pay in advance all fees required for securing the permit and a
monthly fee in the amount set by the City for the privilege of using
such sewer. A granting of such permission, in any event, shall be
optional with the City Council.
A.
Violation.
Any persons found to be violating any provisions of this chapter or
any other ordinance, rule or regulation of the City shall be served
by an authorized person of the City with written notice stating the
nature of the violation and providing a reasonable time limit for
the satisfactory correction thereof. The time limit shall be not less
than two nor more than seven working days. The offender shall, within
the period of time stated, in such notice, permanently cease all violations.
All persons shall be held strictly responsible for any and all acts
of agents or employees done under the provisions of this or any other
ordinance, rule or regulation of the City. Upon being notified by
the City of any defect arising in any sewer or of any violation of
the ordinances, rules or regulations of the City, the person or persons
having charge of said work shall immediately correct the same.
B.
Injunction.
Whenever a discharge of wastewater is in violation of the provisions
of this chapter or otherwise causes or threatens to cause a condition
of contamination, pollution or nuisance, the City may petition the
Superior Court for the issuance of a temporary, preliminary or permanent
injunction, as may be appropriate in restraining the continuance of
such discharge.
C.
Damage
to Facilities. When a discharge of wastes causes an obstruction, damage,
or any other impairment to the City facilities, the City may assess
a charge against the user for the cost of the work required to clean
or repair the facility and add such charge to the user's service charge.
D.
Correction
of Violations—Collection of Costs—Injunction. In order
to enforce the provisions of this chapter, the City may correct any
violation hereof. The cost of such correction may be added to any
sewer service charge payable by the person violating this chapter
or the owner or tenant of the property upon which the violation occurred,
and the City shall have such remedies for the collection of such costs
as it has for the collection of sewer service charges. The City may
also petition the Superior Court for the issuance of a preliminary
or permanent injunction, or both, as may be appropriate, restraining
any person from the continued violation of this chapter.
E.
Falsifying
of Information. It is unlawful for any person to knowingly make any
false statement, representation, record, report, plan or other document
filed with City, or to falsify and tamper with, or knowingly render
inaccurate any monitoring device or method required under this chapter.
F.
Public
Nuisance. It is hereby declared that whenever any area in the City
is provided with a sewerage system, the further maintenance or use
of cesspools or other local means of sewage disposal is a public nuisance.
G.
Disconnection.
As an alternative method of enforcing the provisions of this or any
other ordinance, rule or regulation of the City, the Director of Public
Works shall have the power to disconnect the user or subdivision sewer
system from the sewer mains of the City. On disconnection the Director
of Public Works shall estimate the cost of disconnection from and
reconnection to the system and such user shall deposit the cost, as
estimated, of disconnection and reconnection before such user is reconnected
to the system. The City shall refund any part of the deposit remaining
after payment of all costs of disconnection and reconnection.
H.
Public
Nuisance, Abatement. During the period of such disconnection, habitation
of such premises by human being shall constitute a public nuisance,
whereupon the City shall cause proceedings to be brought for the abatement
for the occupancy of said premises by human beings during the period
of such disconnection. In such event and as a condition of reconnection,
there is to be paid to the City a reasonable attorney's fee and costs
of suit arising from said action.
I.
Means
of Enforcement Only. The City hereby declares that the foregoing procedures
are established as a means of enforcement of the terms and conditions
of its ordinances, rules and regulations, and not as a penalty.
J.
Liability
for Violation. Any person violating any of the provisions of the ordinances,
rules or regulations of the City shall become liable to the City for
any expense, loss or damage occasioned by the City by reason of such
violation.
K.
Misdemeanor.
A violation of this chapter is a misdemeanor punishable as such.
L.
Accidental
Discharges.
1.
Users
shall notify the City immediately upon accidentally discharging wastes
in violation of the provisions of this chapter to enable countermeasures
to be taken by the City to minimize damages to the community sewer,
treatment facility, treatment processes, and the receiving waters.
Such notification shall be followed, within 15 days after the date
of the occurrence, by a detailed written statement describing the
causes of the accidental discharge and the measures being taken to
prevent future occurrences.
Such notification shall not relieve users of liability for any
expense, loss, or damage to the sewer system, treatment plant, or
treatment process or for any fines imposed on the City on account
thereof pursuant to the provisions of Section 13350 of the Water Code
of the state or for violations of the provisions of Section 5650 of
the Fish and Game Code of the state.
2.
In
order that employees of users be informed of City requirements, users
shall make available to their employees copies of the provisions of
this chapter, 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.
3.
Each
user shall permanently post a notice advising employees of who to
call in case of an accidental discharge in violation of the provisions
of this chapter.
4.
Any
direct or indirect connection or entry point for persistent or deleterious
wastes to the user's plumbing or drainage system should be eliminated.
Where such action is impractical or unreasonable, the user shall appropriately
label such entry points to warn against the discharge of such wastes
in violation of the provisions of this chapter.
M.
Issuance
of Cease and Desist Orders. When the City finds that a discharge of
wastewater has taken place in violation of the prohibitions or limitations
of this chapter or the provisions of a wastewater discharge permit,
the Director of Public Works may issue an order to cease and desist
and direct those persons not complying with such prohibitions, limits,
requirements, or provisions to:
N.
Submission
of Time Schedules. When the City finds that a discharge of wastewater
has been taking place in violation of the prohibitions or limitations
prescribed in this chapter, wastewater source control requirements,
effluent limitations, pretreatment standards, or the provisions of
a wastewater discharge permit, the City may require the user to submit
for approval, with such modifications as the City deems necessary,
a detailed time schedule of specific actions which the user shall
take in order to prevent or correct a violation of such requirements.
O.
Appeals.
1.
Any
user, permit applicant, or permit holder affected by any decision,
action, or determination, including cease and desist orders, made
by the Director of Public Works in interpreting or implementing the
provisions of this chapter, or any permit issued pursuant to the provisions
of this chapter, may file with the Director of Public Works a written
request for reconsideration within 10 days after such decision, action,
or determination, setting forth in detail the facts supporting the
user's request for reconsideration.
2.
If
the reconsideration ruling made by the Director of Public Works is
unsatisfactory to the person requesting reconsideration, he or she
may, within 10 days after notification of such ruling, file a written
appeal to the Council. The written appeal shall be heard by the Council
within 30 days after the date of filing. The Council shall make a
final ruling on the appeal within 10 days after the close of the meeting.
The Director of Public Works' decision, action, or determination shall
remain in effect during such period of reconsideration.
P.
Administrative
Fines.
1.
In addition to any and all remedies provided in this section, the Director of Public Works is authorized to issue an administrative complaint to any person who violates any requirement adopted or ordered by the City pursuant to Section 13.16.080 or any successor provisions duly enacted by the City.
2.
The
administrative complaint shall be served by personal delivery or certified
mail on the person subject to the City's discharge requirements, and
shall inform the person served that a hearing shall be conducted within
60 days after the person has been served. The hearing shall be before
the City Manager. The person who has been issued an administrative
complaint may waive the right to a hearing, in which case the City
shall not conduct a hearing. A person dissatisfied with the decision
of the City Manager may appeal to the City Council within 30 days
of notice of the City Manager's decision.
3.
If
after the hearing, or appeal, if any, it is found that the person
has violated reporting or discharge requirements, the City Manager
may assess a civil penalty against that person. In determining the
amount of the civil penalty, the City Manager may take into consideration
all relevant circumstances, including, but not limited to, the extent
of harm caused by the violation, the economic benefit derived through
any non-compliance, the nature and persistence of the violation, the
length of time over which the violation occurs and corrective action,
if any, attempted or taken by the discharger.
4.
Civil
penalties may be imposed by the City Manager as follows:
a.
In an amount which shall not exceed $2,000.00 for each day for failing
or refusing to furnish technical or monitoring reports.
b.
In an amount which shall not exceed $3,000.00 for each day for failing
or refusing to timely comply with any compliance schedule established
by the local agency.
c.
In an amount which shall not exceed $5,000.00 per violation for each
day for discharges in violation of any waste discharge limit, permit
condition or requirement issued, reissued or adopted by the local
agency.
d.
In an amount which does not exceed $10.00 per gallon for discharges
in violation of any suspension, cease and desist order or others orders,
or prohibition issued, reissued, or adopted by a local agency.
e.
The amount of any civil penalties imposed under this section which
have remained delinquent for a period of 60 days shall constitute
a lien against the real property of the discharger from which the
discharge originated resulting in the imposition of the civil penalty.
The lien provided herein shall have no force and effect until recorded
with the county recorder and when recorded shall have the force and
effect and priority of a judgment lien and continue for 10 years from
the time of recording unless released sooner, and shall be renewable
in accordance with the provisions of Sections 683.110 to 683.220,
inclusive, of the Code of Civil Procedure.
5.
All
monies collected under this section shall be deposited in a special
account of the City to be made available for the monitoring, treatment,
and control of discharges into the City's sanitation or sewer system,
or for other mitigation measures.
6.
Unless
appealed, orders setting administrative civil penalties shall become
effective and final upon issuance thereof and payment shall be made
within 30 days. Copies of these orders shall be served by personal
service or by registered mail upon any party served with the administrative
complaint and upon other persons who appeared at the hearing and requested
a copy.
7.
The
local agency may at its option, elect to petition the Superior Court
to confirm any order establishing civil penalties and enter judgment
in conformity thereof in accordance with the provisions of Sections
1285 to 1287.6, inclusive, of the Code of Civil Procedure.
8.
Remedies
under this section are in addition to and do not supersede or limit
any and all other remedies, civil or criminal, available to the City,
but no penalties shall be recoverable under this section for any violation
for which civil liability is recovered under Government Code Section
54740.
A.
Connection
Inside the City. In addition to any other charges established by the
ordinances, rules and regulations of the City, there shall be collected
prior to connection to the sanitary sewerage system of the City, a
wastewater discharge permit fee for the privilege of such connection
as follows:
1.
Any
building requiring a four-inch lateral sewer, the amount of
a.
$3,206.06 connection fee;
b.
$352.82 processing fee;
c.
$767.00 to be deposited in a capital reserve fund; plus
d.
$767.00 to be deposited in a capital reserve fund for: (i) each additional
single-family unit if said building is a multiple dwelling; or (ii)
each single-family equivalent if the connection is nonresidential.
2.
Any
building requiring a lateral sewer larger than four inches, a wastewater
discharge permit fee will be an amount, but not less than $7,670.00,
to be fixed by the Director of Public Works. It is an amount deemed
necessary by the Director of Public Works to pay all engineering,
monitoring, inspection, construction and other costs required to provide
the lateral; plus an amount equal to the replacement value of the
decrease in excess treatment plant capacity to be deposited in a capital
reserve fund.
The fees outlined in paragraphs 1 and 2 of this subsection are
bound to the July 1985 Engineering News Record Construction Cost Index
and shall be adjusted up or down annually by the Director of Public
Works at the beginning of each fiscal year based upon that cost index.
3.
The
City shall install the lateral sewer to the property line. The lateral
sewer installation fee, payable in advance for the installation of
a lateral inside the City limits, will be based on the City's estimated
actual cost of the total cost of all labor, materials, equipment,
fees, expenses and all other costs incidental to the installation,
and including 10% as an additional service charge over the complete
cost of the installation.
4.
Application for a wastewater discharge permit in accordance with Section 13.16.090 of this chapter shall be made on the form of Section 13.16.150 of this chapter. The application fee for all "critical users" will be $1,000.00. The City will review the application and will establish the connection fee, which must be paid prior to approval of the permit. The connection fee will be established to pay for all City costs associated with and resulting from the connection of the "critical user" including monitoring and reporting expenses.
B.
Connection
Outside the City. In addition to any other charges established by
the ordinances, rules and regulations of the City, there shall be
collected prior to connection to the sanitary sewerage system of the
City, a permit fee for the privilege of such connection as follows:
1.
Any
building requiring a four-inch lateral sewer, the amount of
a.
$3,847.27 connection fee;
b.
$423.38 processing fee;
c.
$920.40 to be deposited in a capital reserve fund; plus
d.
$920.40 to be deposited in a capital reserve fund for: (i) each additional
single-family unit if said building is a multiple dwelling; or (ii)
each single-family equivalent if the connection is nonresidential.
2.
Any
building requiring a lateral sewer larger than four inches, the permit
fee will be an amount, but not less than $9,000.00, to be fixed by
the Director of Public Works. It is an amount deemed necessary by
the Director of Public Works to pay all engineering, monitoring, inspection,
construction and other costs required to provide the lateral; plus
an amount equal to the replacement value of the decrease in excess
treatment plant capacity to be deposited in a capital reserve fund.
The fees outlined in paragraphs 1 and 2 of this subsection are
bound to the July 1985 Engineering News Record Construction Cost Index
and shall be adjusted up or down annually by the Director of Public
Works at the beginning of each fiscal year based upon that cost index.
3.
The
City shall install the lateral sewer to the property line. The lateral
sewer installation fee, payable in advance for the installation of
a lateral outside the City limits, will be based on the City's estimated
actual cost of the total cost of all labor, materials, equipment,
fees, expenses and all other costs incidental to the installation,
and including 20% as an additional service charge over the complete
cost of the installation.
C.
Special
Connection. In addition to any other charges established herein, the
City may establish special connection charges for any sewer connection
when, in the opinion of the City Council, the circumstances of such
connection involve unusual conditions or otherwise necessitates the
payment of charges over and above those established herein.
D.
Private
Sewage Disposal. A fee of $1,500.00 shall be paid to the City for
reviewing plans and specifications, issuing the permit and inspecting
the installation of a private sewage disposal system inside the City
limits.
E.
No
Direct Discharge to Sewer Treatment Plant. The City will not accept
any direct discharge to the sewer treatment plant.
F.
Garbage Grinder Fee. The Director of Public Works will consider applications for the installation of garbage grinders per Section 13.16.070(B). The City Clerk shall accept an application upon the filing of the application with an application fee of $50.00. The Director of Public Works is to have developed any necessary monitoring program at applicant's expense, including monitoring, testing, inspections, reporting, review, engineering and administration costs but not less than $100.00 per year.
G.
Classification
of Users. All users shall be classified by assigning each one to a
"user classification" category according to the principal activity
conducted on the user's premises and based on the typical wastewater
constituents and characteristics for that type of user as determined
by the City. The purpose of such classification is to facilitate the
regulation of wastewater discharges based on wastewater constituents
and characteristics to provide an effective means of source control
and to establish a system of user charges which will insure an equitable
recovery of the City costs. Wastewater constituents and characteristics
may include, but not be limited to, the following: quantity, suspended
solids, BOD, COD, oil and grease, and chlorine demand.
H.
Compliance
With State Regulations. The charges and fees shall be established
at a level which will enable the City to comply with any revenue requirements
of the State Clean Water Grant Program, and the charges and fees shall
be determined in a manner consistent with regulations of the Grant
Program.
I.
Special
Situations. Notwithstanding any other provision of this chapter, the
Council shall have the power to establish by resolution, or by agreement
with the user, the wastewater discharge permit fee and the monthly
sewer service charges applicable to any public corporation, political
subdivision, city, county, district, state, the United States of America,
or any department or agency thereof, or to any user outside the City
limits at rates which include at least a 10% surcharge and which may
be different from those set forth in this chapter. The surcharge compensates
the City for the lack of tax revenue collected from users outside
the City limits.
J.
Wastewater
Volume Determination.
1.
Metered
Water Supply. User charges which are based on wastewater volumes shall
be determined by the total amount of water used from all sources unless,
in the opinion of the City, significant portions of water received
are not discharged to a community sewer. The total amount of water
used from public and private sources shall be determined by means
of public meters or private meters installed and maintained at the
expense of the user and approved by the City.
2.
Metered
Wastewater Volume and Metered Diversions. For users where, in the
opinion of the City, a significant portion of the water received from
any metered source does not flow into the community sewer because
of the principal activity of the user or removal by other means, the
user charges and fees shall be determined by the volume of water discharged
from such premises into the community sewer. Written notification
and proof of the diversion of water shall be provided by the user
if required by the Director of Public Works. The user may install
a meter of a type and at a location approved by the City and at the
user's installation, operation and maintenance expense. Such meters
may measure either the amount of sewage discharged or the amount of
water diverted. Such meters shall be tested for accuracy at the expense
of the user when deemed necessary by the Director of Public Works.
K.
Estimated
Wastewater Volume.
1.
For
users where, in the opinion of the City, it is unnecessary or impractical
to install meters, the quantity of wastewater may be based upon an
estimate prepared by the Director of Public Works. Such estimate shall
be based upon a rational determination of the wastewater discharged
and may consider such factors as the number of fixtures, seating capacity,
population equivalent, annual production of goods and services, or
such other determinants of water use necessary to estimate the wastewater
volume discharged.
2.
For
users who, in the opinion of the City, divert a significant portion
of their flow from a community sewer, the user charges may be based
upon an estimate of the volume, prepared by the user, and may at the
discretion of the Director of Public Works require the user to obtain
a wastewater discharge permit and pay the applicable user charges.
The estimate shall include the method and calculations used to determine
the wastewater volume and may consider such factors as the number
of fixtures, seating capacity, population equivalent, annual production
of goods and services, or such other determinations of water use necessary
to estimate the wastewater volume discharged.
L.
Fees—Residential
Rate Schedule.
1.
Annual sewer service charges for residential living units rates inside and outside the City shall be as set forth in subsection P, Schedule 1, attached hereto and incorporated herein.
2.
Residential
living units include mobile homes and individual units in hotels,
motels, and transient trailer camps and courts, which contribute only
domestic sewage.
M.
Fees—Nonresidential,
Nonsignificant Industrial User Rate Schedule.
1.
Annual sewer service charges for nonresidential nonsignificant industrial user units shall be as set forth in subsection P, Schedule 1, Table 3, attached hereto and incorporated herein.
2.
In addition to the service charge described in paragraph 1, each nonresidential service user shall pay an additional monthly fee based upon the residential equivalent of the user's effluent strength as and for the user's share of the capital repair and replacement portion of service fees. The residential equivalent shall be determined by the Director of Public Works based on published data for similar establishments or historical data. Residential equivalent shall be calculated in multiples of the sewer capital reserve portion of the monthly residential rate (see subsection P, Schedule 1, Table 2).
N.
Fees—Industrial
Rate Schedule. Monthly sewer service charges shall be based on the
actual volume and strength of sewage flows. Additional industrial
wastewater charge includes an annual permit fee of $50.00 and a monitoring
program charge as established in the approved permit for industrial
waste discharge. Costs for equipment, testing and City expenses for
the monitoring program established in the permit for industrial waste
discharge shall be borne by the discharger.
O.
Unit Charges, Significant Industrial User. The unit charges for significant industrial user connections are as set forth in subsection P, Schedule 1, Table 4, attached hereto and incorporated herein.
P.
Schedule
1—Monthly Sewer Charges. Rates effective August 1, 2013.
|
Table 1 Base Rate
(All Customers, Inside and Outside of City)
| |||
|---|---|---|---|
|
8/1/2013
|
3/1/2014
|
3/1/2015
|
3/1/2016
|
|
$32.96
|
$33.00
|
$33.99
|
$35.01
|
|
Table 2 Sewer Capital Reserve Rate
(All Customers Except Significant Industrial Users, Inside and
Outside of City) Per Residential Equivalent Unit
| |||
|---|---|---|---|
|
8/1/2013
|
3/1/2014
|
3/1/2015
|
3/1/2016
|
|
$9.84
|
$9.80
|
$ 10.09
|
$10.40
|
|
Table 3 Monthly Residential Rate
(All Customers, Except Significant Industrial Users, Inside
and Outside of City) Base Rate plus Sewer Capital Reserve Charge
| |||
|---|---|---|---|
|
8/1/2013
|
3/1/2014
|
3/1/2015
|
3/1/2016
|
|
$42.80
|
$42.80
|
$44.08
|
$45.41
|
|
Table 4 Significant Industrial User Rate in Addition to Base
Rate
| ||||
|---|---|---|---|---|
|
|
8/1/2013
|
3/1/2014
|
3/1/2015
|
3/1/2016
|
|
Flow (per cubic foot)
|
$0.01098
|
$0.0314
|
$0.0323
|
$0.0333
|
|
BOD (per pound)
|
—
|
$0.6080
|
$0.6263
|
$0.6451
|
|
COD (per pound)
|
$0.49704
|
—
|
—
|
—
|
|
TSS (per pound)
|
$0.49704
|
—
|
—
|
—
|
Q.
Large
and Seasonal Wastewater Dischargers. Large dischargers are defined
as those nonresidential users whose peak daily flow exceeds five percent
of the average dry weather flow of the City's treatment works. Seasonal
dischargers are defined as those nonresidential or industrial users
with a minimum average monthly flow less than one-half of the maximum
average monthly flow. Nonresidential large or seasonal dischargers
shall obtain a wastewater discharge permit. An additional monthly
service charge shall be added to the conditions of the permit for
waste discharge for all large or seasonal dischargers to recover City
costs associated with additional expenses incurred to operate wastewater
collection, treatment and disposal facilities in response to the demands
of the large or seasonal discharge.
R.
Billing
for and Payment of Monthly Sewer Service Charges.
1.
Due Dates. All sewer service charges are due and payable at the office of the City Clerk on the date of mailing the bill. All sewer service charges shall become delinquent one month after the wastewater meter reading date for metered wastewater connections, and for all other connections, one month after the water meter reading date as provided in Chapter 13.08, as amended from time to time. All bills delinquent one month or more shall be subject to a 10% finance charge for the first month and a two percent finance charge per month thereafter.
2.
Billing.
All bills for such charges shall be issued by the City Clerk. They
shall be combined with bills or statements for water services where
the premises in question are connected to the water system. The bills
shall state their purpose (water and sewer services) and shall list
separately the charge for water service and the charge for sewer service
and the total charge for both services. Neither charge may be paid
separately from the other. If the real property with sewer service
is not connected to the water system, a separate bill shall be rendered
for sewer service only. All bills shall be for monthly or bimonthly
periods. The City Clerk shall have the power to require any user to
pay bills monthly if, in his or her discretion, monthly payments are
required for the protection of the City.
S.
Persons
Responsible for Payment. All sewer service charges shall be billed
to the following persons:
1.
In
the case of any person whose premises are connected with the water
system, to the person who requested such connection to the water system,
or his/her successor in interest, or to any person requesting that
such bill be charged to him or her; or
2.
In
the case of any person whose premises are not connected to the water
system, then to the person who requested such connection to the sewage
works, or his/her successor in interest, or, if no such request was
made, then to the owner of such premises on the date on which such
premises are required by the provisions of this chapter to connect
to the sewage works, or to the successor in interest to such person,
or to any person requesting that such bill be charged to him or her.
T.
Connection to City-Owned Property. Notwithstanding any other provision of subsections A—C of this section, whenever an application for connection to the sanitary sewerage system of the City is made by the lessee of real property owned by the City of Blue Lake and leased to such applicant pursuant to a lease in writing, such applicant shall have the option of paying the connection fee in advance, or of paying it over a period of time not longer than the initial term of the lease, plus a reasonable interest rate on the unpaid balance of such fee, upon such terms and conditions as are acceptable to the City Council of the City of Blue Lake. This section shall not relieve such applicant from the obligation to pay the full physical installation fee in advance.
U.
CPI
Escalator. On January 20th of each year, commencing January 20, 2007,
each rate, fee, or charge established by this chapter and then in
effect shall be subject to an increase. The amount of the increase
shall be based upon the consumer price index (CPI) of the California
Department of Industrial Relations, Division of Labor Statistics,
for October, 2005 (all urban consumers) ("Base Index"). The increase
shall be in the same proportion as the index price for the month of
October just preceding the adjustment has increased over the Base
Index. The increase of the fees, rates, and charges shall be the amount
so determined, rounded to the nearest one cent. Any adjustment to
the fees, rates, and charges as hereinbefore provided shall likewise
be adjusted on January 20th of each succeeding year. If the index
price has decreased, rates, fees, and costs will remain the same until
the index price exceeds its previous high. The rate, fee, or charge
shall not be subject to decrease under this section.
A.
Extensions
Required.
1.
An
applicant for a permit to connect a premises to a community sewer
where the property upon which such premises is situated does not abut
a community sewer shall deposit with the City the following sums:
in the case of all applications for a new sewer main extension, a
sum shall be advanced to the City based upon an estimate by the Director
of Public Works of the total costs of all labor, materials, equipment,
and other costs incidental to the main extension, plus 20% for general
overhead, but excluding the cost of oversizing sewer mains for the
general benefit of the sewer collection system, but in no event shall
the charge be less than $1,000.00.
2.
In
lieu of the advance required by the provisions of this section, the
Director of Public Works may require applicants for new sewer connections
to make such sewer connections at their own expense in accordance
with such standards as have been or may be adopted by resolution of
the Council. In such instances, all labor, materials, equipment, and
other items necessary for such connections shall be furnished by the
applicants. In addition, applicant will pay for all City expenses,
including labor, materials, equipment, fees, and other costs incidental
to the installation, and including a 10% surcharge to reimburse City
for administrative costs.
B.
Extensions
by the Applicant. The Director of Public Works may require applicants
for new sewer connections to make such sewer main extensions at their
own expense in accordance with such standards as have been or may
be adopted by resolution of the Council. In such instances all labor,
materials, equipment, and other items necessary for the extension
shall be furnished by the applicant. In addition, applicant will pay
for all City expenses, including labor, materials, equipment, fees,
and other costs incidental to the installation, and including a 10%
surcharge to reimburse City for administrative costs. Any extra costs
incurred by the applicant in any oversizing of sewer mains required
by the Director of Public Works for the general benefit of the sewer
collection system may be reimbursed by the City in accordance with
a written agreement with the applicant entered into prior to construction
of such main extension.
C.
Repayment
for Construction.
1.
Whenever
a property owner, including a subdivider, constructs a sewer main
extension which can be used for the benefit of other properties, the
City may collect, for a period not to exceed 10 years from the termination
of construction, from any user of such extension a fee, prorated to
the cost of the extension. That prorated cost shall be calculated
using the following equation:
|
Total Project Cost x Length of Extension Fronting
Property (ft.)
Length of Entire Extension (ft.) x 2
|
2.
If
special circumstances warrant a revision of the formula, the City
Council shall make that determination. Special circumstances may include,
but not be limited to, a physical feature or zoning restriction which
prohibits construction on a portion or all of one side of the street.
3.
The
prorated sum shall be paid to the City Water Department which, in
turn, shall be paid by the Water Department to the owner or his/her
assigns, who originally advanced funds for such extension. Where more
than one owner contributed towards the construction of the extension,
such sum shall be refunded to owners, or their assigns, prorata according
to the amounts which they severally contributed toward the cost of
the extension. The Water Department shall in no way be responsible
for the payment or refund of monies, nor shall the City assume that
refund payment equal the total cost of the extension. Nor shall refund
be made from any revenue derived from water service or other City
funds.
4.
A
main extension to an existing main shall be treated by the City as
required by this section and other sections of this chapter.
5.
At
the time of hook-up application, the City Council will determine whether,
and in what amount, a refund will be made to the owner or owners who
have contributed toward the costs of a main extension. The Water Department
is under no obligation to and is not responsible to assure the payments
of any refunds. However, the City shall not approve any sewer service
connections to main line extensions until a deposit in the amount,
as calculated in this section, and subject to the time limit, be placed
with the City.
6.
Any
sewer service connections made to main extensions within the City
and paid for by the City are not subject to these refund provisions.
7.
Sewer
service connections made to main extensions outside of the City and
paid for by the City or other parties are subject to these refund
provisions. In the case that the City was financially responsible
for the main line extensions, it shall be treated as if it were the
developer under these provisions.
A.
Procedure.
When the City elects to use the tax roll on which general City taxes
are collected for the collection of current or delinquent sewer service
charges, proceedings therefor shall be had as now or hereafter provided
therefor in Article 4, Chapter 6, Part 3, Division 5 of the Health
and Safety Code.
B.
Alternative.
The powers authorized by this section shall be alternative to all
other powers of the City and alternative to procedures adopted by
the Council thereof for the collection of such charges.
C.
Report.
If the proceedings are under the Health and Safety Code, a written
report shall be prepared and filed with the Clerk, which shall contain
a description of each parcel of real property receiving such services
and facilities and the amount of the charge for each parcel for the
forthcoming fiscal year, computed in conformity with the charges prescribed
by this chapter.
D.
Notice.
The Clerk shall cause notice of the filing of the report and of the
time and place of hearing thereon to be published once a week for
two successive weeks prior to the date set for hearing, in the Arcata
Union, a newspaper of general circulation printed and published in
the county within which the City is wholly located. Prior to such
election for the first time, the Clerk shall mail a notice in writing
of the filing of the first report proposing to have such charges for
the forthcoming fiscal year collected on the tax roll and of the time
and place of hearing thereon to be mailed to each person to whom any
part or parcel of real property described in the report is assessed
in the last equalized assessment roll on which general City taxes
are collected, at the address shown on the roll or as known to the
Clerk.
E.
Hearing.
At the time of hearing, the Council shall hear and consider all objections
or protests, if any, to said report referred to in said notice and
may continue the hearing from time to time.
F.
Final
Determination of Charges. Upon the conclusion of the hearing on the
report, the Council will adopt, revise, change, reduce or modify any
charge or overrule any or all objections and shall make its determination
upon each charge as described in the report, which determination shall
be final.
G.
Filing
of Report With Auditor. On or before the 10th of August in each year
following the final determination of the Council, the Clerk shall
file with the Auditor a copy of the report with a statement endorsed
thereon over his or her signature that it has been finally adopted
by the City Council of the City and the Auditor shall enter the amounts
of the charges against the respective lots or parcels of land as they
appear on the current assessment roll.
H.
Parcels
Outside the City. Where any such parcels are outside the boundaries
of the City, they shall be added to the assessment roll of the City
for the purpose of collecting such charges.
I.
Parcels
Not on Roll. If the property is not described on the roll, the Auditor
shall enter the description thereon together with the amounts of the
charges, as shown on the report.
J.
Lien.
The amount of the charges shall constitute a lien against the lot
or parcel of land against which the charge has been imposed as of
noon on the first Monday in March of each year. The Tax Collector
shall include the amount of the charges on bills for taxes levied
against the respective lots and parcels of land.
K.
Tax
Bill. Thereafter, the amount of the charges shall be collected at
the same time and in the same manner and by the same persons as, together
with and not separately from, the general taxes for the City, and
shall be delinquent at the same time and thereafter be subject to
the same penalties for delinquency.
L.
Collection.
All laws applicable to the levy, collection and enforcement of general
taxes of the City, including, but not limited to, those pertaining
to the matters of delinquency, correction, cancellation, refund and
redemption, are applicable to such charges.
M.
Compensation
of County. The Tax Collector may, in his or her discretion, issue
separate bills for such charges and separate receipts for collection
on amount of such charges. If the charges are collected by the County
for the City, the County shall be compensated for services rendered
in connection with the levy, collection and enforcement of such charges
for the City in an amount to be fixed by agreement between the Board
of Supervisors and the City Council of the City. The compensation
shall not exceed one percent of all money collected. The compensation
shall be paid into the County salary fund.
N.
Use
of Revenues. Revenues derived under this chapter shall be used only
for the acquisition, construction or reconstruction, maintenance and
operation of sanitation or sewerage facilities of the City and to
repay principal and interest on bonds issued for the construction
of such sanitary or sewerage facilities and to repay federal, state,
county or other loans or advances made to the City for the construction
or reconstruction of sanitary or sewerage facilities; provided, however,
that such revenue shall not be used for the acquisition or construction
of new local street sewers or laterals, as distinguished from main
trunk, interceptor and outfall sewers.
A.
Protection
From Damage. No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the City's sewer works.
Any person violating this provision shall be subject to the penalties
provided by law.
B.
Powers
and Authorities of Inspectors. The officers, inspectors, managers
and any duly authorized employee of the City shall carry evidence
establishing his/her position as an authorized representative of the
City and upon exhibiting the proper credentials and identification
shall be permitted to enter in and upon any and all buildings, industrial
facilities and properties for the purposes of inspection, reinspection,
observation, measurement, sampling, testing or otherwise performing
such duties as may be necessary in the enforcement of the provisions
of the ordinances, rules and regulations of the City.
C.
Relief
on Application.
1.
When
any person, by reason of special circumstances, is of the opinion
that any provision of this chapter is unjust or inequitable as applied
to his or her premises, he or she may make written application to
the Council, stating the special circumstances, citing the provision
complained of, and requesting suspension of modification of that provision
as applied to the premises.
2.
If
such application be approved, the Council may, by resolution, suspend
or modify the provision complained of as applied to such premises,
to be effective as of the date of the application and continuing during
the period of the special circumstances.
D.
Relief
on Own Motion. The Council may, on its own motion, find that by reason
of special circumstances any provision of this regulation and ordinance
should be suspended or modified as applied to a particular premises
and may, by resolution, order such suspension or modification for
such premises during the period of such special circumstances, or
any part thereof.
E.
Permits and Fees. No public sewer, side sewer, building sewer or other sewerage facility shall be installed, altered or repaired within the City or connected to the City system until a permit for the work has been obtained from the City and all fees paid in accordance with the requirements of Section 13.16.090.
F.
Separability.
If any section, subsection, sentence, clause or phrase of this chapter
or the application thereof to any person or circumstance is for any
reason held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portions of the ordinance
codified in this chapter or the application of such provisions to
other persons or circumstances. The City Council hereby declares that
it would have passed this chapter or any section, subsection, sentence,
clause or phrase hereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared to
be unconstitutional.
Approved Forms. The approved forms (Parts A through G) on which
application to the City for a required permit for industrial waste
discharge is to be made, constitute the body of this section.
A.
Findings.
The City Council finds and determines as follows:
1.
The
City of Blue Lake's sewage treatment facility was first installed
in 1956 and now includes the sewer lift station, the wet-wells, pump
stations, percolation ponds, primary and secondary treatment equipment
and facilities, and other components used to collect and treat sewage
(hereinafter collectively referred to as "sewage treatment facility").
2.
Despite
the use of the best appropriate and affordable technology by the City
of Blue Lake, the sewage treatment facility, in the course of normal
operations conducted in accordance with all requirements of law, may
produce odors offensive to humans detectable at property off site.
3.
No
civil or criminal legal action has ever been commenced or maintained
against the City of Blue Lake for abatement of odors from the sewage
treatment facility, and the City Council has reason to believe that
the City has established prescriptive easements over parcels of real
property previously affected by such odors to the extent they have
been affected.
4.
The
sewage treatment facility provides critical public services to the
community of Blue Lake, both inside and outside the City.
5.
The
public health, safety, and the general welfare require the adoption
of this chapter to protect the City and the users and rate payers
of the sewage treatment facility from claims of nuisance, injunction,
or damages on account of odors by persons owning or occupying property
developed in the future to a higher density than now exists.
B.
Intent.
The purpose and intent of this chapter is to enable the City of Blue
Lake to continue to operate its sewage treatment facility in accordance
with industry standards and all requirements of law and to avoid adverse
impacts or impairments to such operations resulting from changes by
property owners both inside and outside the City to the character
of land use from uninhabited or sparsely populated land to more densely
populated residential or business uses.
C.
Odor
Easement Required. As a condition precedent to the issuance of any
development permit which will have a reasonably foreseeable effect
of increasing the density of population of any area within or outside
the City, the property owner or applicant proposing the development
shall cause to be executed and delivered to the City of Blue Lake
a grant of easement over the parcel proposed for development in substantially
the form of Attachment 1.
D.
Development
Permit. As used in this chapter, "development permit which will have
a reasonably foreseeable effect of increasing the density of population"
means any permit, entitlement, or license issued by the City of Blue
Lake, or any official or administrative body thereof, which will create,
or lead to the creation of, one or more new dwelling units or will
create, lead to the creation of, or enlarge any commercial or industrial
use. Such permits, entitlements, or licenses may include, but are
not limited to, the following:
1.
Grant
of a conditional use permit, variance, or other entitlement pursuant
to Title 17, Zoning, as amended.
2.
Grant
of a major or minor subdivision, lot split, or other entitlement pursuant
to Title 16, Subdivisions, as amended.
3.
Issuance
of a building permit.
4.
Approval
of a water connection application.
5.
Approval
of a sewer connection application.
E.
Responsibility
for Enforcement. The City Manager shall determine on a case-by-case
basis which development permits require a grant of easement pursuant
to this chapter and shall notify the property owner or applicant proposing
the development whenever an easement is required.
F.
Appeal. Any person aggrieved by a determination to require a grant of easement by the City Manager in the administration or enforcement of this chapter may appeal therefrom by filing a written notice of appeal with the City Clerk within 10 days following notice of the determination, on a form prescribed by the City, and by paying an appeal fee at the time of filing such notice of appeal. The amount of the appeal fee shall be $250.00; provided, however, that the City Council may set a different appeal fee from time to time by resolution. All appeals shall be governed by the procedures set forth in subsections E and F of Section 17.28.050.
G.
Exclusion of Indian Trust Land. Notwithstanding any other provision of this chapter to the contrary, no grant of easement as described in subsection C of this section shall be required as a condition precedent to the issuance of any development permit on property held in trust by the United States Government for the benefit of a federally recognized Indian Tribe.
